'Proliferation of Political Party Banners' Constitutional Review Request on Outdoor Advertising Act... Incheon City Council Counters Ministry of the Interior's Lawsuit

Incheon City Revises Ordinance to Limit Party Banners to 4 per Electoral District
Ministry of the Interior and Safety States "Illegal Due to Lack of Delegation from Higher Law"... Filed with Supreme Court

The Incheon Metropolitan Council has submitted a request for a constitutional review of the Outdoor Advertising Act, which currently does not restrict the installation of political party banners, to the Supreme Court.

The council announced on the 1st that following the Ministry of the Interior and Safety's lawsuit filed last month at the Supreme Court to nullify the resolution of the 'Ordinance on the Management of Outdoor Advertisements and the Promotion of the Outdoor Advertising Industry in Incheon,' it requested the Supreme Court to ask the Constitutional Court whether the underlying law (the Outdoor Advertising Act) violates the Constitution.

Incheon City amended its outdoor advertising ordinance in June, becoming the first in the nation to implement a regulation allowing political party banners only on designated posting boards and limiting them to four per National Assembly electoral district. In response, the Ministry of the Interior and Safety filed a lawsuit at the Supreme Court, requesting the ordinance be declared invalid, arguing that the Incheon ordinance regulates matters such as permissible locations and maximum numbers of political party banners, which are not delegated by the current Outdoor Advertising Act.

In response, the Incheon Metropolitan Council requested the Supreme Court to determine the constitutionality of the higher-level law, the current Outdoor Advertising Act. The council judged that the Outdoor Advertising Act permits unlimited installation of political party banners, infringing on citizens' constitutional rights such as fundamental rights and equality rights, and violating the principle of proportionality.

Specific infringements of fundamental rights cited include: ▲ the 'right to life,' exemplified by an incident in Yeonsu-gu, Incheon, where a university student riding an electric scooter tripped over a political party banner ▲ the 'right to a healthy and pleasant environment,' which is the right of citizens to live in a healthy and comfortable environment ▲ restrictions on 'freedom of business,' as political party banners obscure small business owners’ or self-employed persons’ shops or signs. The council also pointed out discrimination between independent politicians and those affiliated with political parties in their political activities, as well as inequality issues between small business owners or self-employed persons who pay fees to post advertisements in designated places and political party banners.

At the Salt Field Intersection in Yeonsu-gu, Incheon, officials from Yeonsu-gu Office are forcibly removing political party banners that violate the 'Incheon City Outdoor Advertising' ordinance. July 12, 2023.
[Photo by Yonhap News]

If the Supreme Court accepts the Incheon Metropolitan Council’s request for constitutional review, the administrative lawsuit will be suspended, and the Constitutional Court will conduct the constitutional review. If the Supreme Court dismisses the request, the council plans to file a 'constitutional complaint for constitutional review' with the Constitutional Court within 30 days according to procedure. In this case, the Supreme Court’s lawsuit to nullify the ordinance and the Constitutional Court’s constitutional complaint will proceed separately.

Heo Sik, Chairperson of the Incheon Metropolitan Council, said, "Although six amendment bills are pending in the National Assembly, until the legal provisions are amended, citizens will continue to face threats to safety and life, such as obstructed views and fall accidents," adding, "We decided to request a constitutional review for the safety of citizens."

Meanwhile, the Korea Association of Governors adopted a joint resolution on the 27th of last month supporting the repeal of the provisions related to political party banners in the Outdoor Advertising Act and expressed support for Incheon City’s ordinance. Governors nationwide resolved that until the provisions related to political party banners are repealed, the Ministry of the Interior and Safety should strictly regulate political party banners through enforcement ordinances and take measures such as limiting posting locations, periods, and numbers by referring to Incheon City’s ordinance.

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