Police Consider Applying Minor Offense Act to 'Nosuk Assembly'... Arrests Unlikely Even if Noncompliance Occurs

Consideration of Applying Violations of the Minor Offenses Act for Drinking and Disturbance
Construction Union 'Non-Attendance' Also Makes Arrest Difficult

Recently, the 1-night 2-day overnight protest by the Construction Union of the Korean Confederation of Trade Unions (KCTU) has sparked controversy, and it has been reported that the police are considering applying the Minor Offenses Act to the overnight protest.

[Image source=Yonhap News]

On the 22nd, a police official stated, "We are reviewing amendments to the Assembly and Demonstration Act (Assembly Act) as well as whether overnight protests fall under the Minor Offenses Act."

Currently, the National Police Agency is discussing follow-up measures related to police responses to illegal assemblies, including security, intelligence, and traffic functions. While protecting the freedom and rights of the people, if public order is disrupted, punishment under the Minor Offenses Act can be applied. For example, penalties include a fine of 50,000 KRW for public intoxication disturbances, 30,000 KRW for nearby noise disturbances, and 30,000 to 50,000 KRW for illegal dumping of trash. If fines are not paid, the case is referred to summary judgment. The ruling party and government also recognize the problem that illegal nighttime assemblies cannot be dispersed and are considering imposing fines and other measures.

The high-level ruling party-government meeting held the previous day reportedly discussed revising regulations on noise control at the site and the installation of banners. It is highly likely that the amendment to the Assembly Act, originally proposed by Yoon Jae-ok, the floor leader of the People Power Party, in June 2020, will be refined and reintroduced. However, Article 10 of the Assembly Act, which restricts nighttime assemblies, lost its effect after the Constitutional Court ruled it unconstitutional in 2009. Additionally, the police are also considering including provisions to prevent criminal punishment or civil liability for abuse of authority.

However, even if five executives of the KCTU Construction Union do not appear before the police on the 25th, immediate arrest seems unlikely. On the 18th, Police Commissioner Yoon Hee-geun said, "We will investigate illegal assemblies swiftly and firmly," adding, "We have requested the five executives, including the Construction Union chairman, to appear by the 25th, and if they refuse, we plan to obtain arrest warrants and proceed with arrests." Namdaemun Police Station is investigating two individuals, including the Construction Union chairman, for violating the Assembly Act, while Jungbu Police Station is investigating three individuals, including the KCTU's Organization Dispute Director, for violations of the Assembly Act and general traffic obstruction.

However, investigative agencies typically apply for and execute arrest warrants if a suspect refuses to appear three times. When executing an arrest warrant for Park Kyung-seok, co-representative of the National Solidarity Against Disability Discrimination (Jeonjangyeon), in February, the police requested his appearance 18 times before executing the warrant. It is also expected that the current investigation stage, which is a pre-indictment inquiry (internal investigation), will be taken into account. A police official said, "While it is correct to respond strictly to illegal acts by the union, it is extremely rare to issue an arrest warrant after only one request for appearance."

Meanwhile, criticism has been raised that the police's intention to restrict assemblies by illegal power groups and crack down on illegal assemblies disguised as nighttime cultural festivals is unconstitutional. The People's Solidarity for Participatory Democracy stated, "The courts have established precedents that restrictions on assemblies, which are constitutional rights, should only be applied when there is a clear and present danger," adding, "Even if there are illegalities such as failure to report, violation of reported content, or violation of prohibition notices, peaceful assemblies cannot be dispersed according to established Supreme Court precedents."

This content was produced with the assistance of AI translation services.