[Column] Seoul City Ordinance Above the Constitution

On the 8th, Songpa District Office in Seoul, and on the 13th, Seodaemun District Office removed banners of the Jinbo Party. The reason was that they allegedly defamed and insulted by displaying the real name of First Lady Kim Geon-hee. The removed banners contained the message "Investigate Kim Geon-hee immediately." The administrative enforcement was based on the Seoul Metropolitan Government's Ordinance on the Management of Outdoor Advertisements and the Promotion of the Outdoor Advertising Industry.

"The content of the banners doesn't seem to be a big problem..." When asked about the removal of the banners, Heo Hoon, a Seoul City Council member from the People Power Party who was the principal proposer of the ordinance, responded this way.

He explained that his legislative intent was that "publicly defaming all public figures by their real names should be restrained." It means restraint, not prohibition.

Ultimately, the administrative action that did not align with the legislative intent occurred because the ordinance could be interpreted arbitrarily, resulting in this farce.

The ordinance states that, according to Articles 309 (Defamation) and 311 (Insult) of the Criminal Act, political party banners must not display the real names of specific individuals to defame or insult them.

Seoul Metropolitan Council Main Building. Photo by Mun Honam munonam@

The Constitutional Court and the Supreme Court have ruled that public figures and public matters should be distinguished, and that content involving monitoring, criticism, and checks does not constitute defamation unless it is a malicious or grossly reckless attack that clearly loses its reasonableness.

This is why most people prosecuted for defaming the president under past administrations were acquitted. Upon hearing that the ordinance is based on the Criminal Act, even law school professors expressed disbelief, saying, "What? They are removing banners because the content is defamation?"

There is an old saying, "Do not adjust your hat string under the plum tree," meaning one should act with discretion regarding time and place to avoid unnecessary misunderstandings. The 22nd National Assembly election is just around the corner on April 10. The same banners are hung in all 25 districts of Seoul, but forced removal occurred only in the two districts where the district heads belong to the People Power Party.

If there is a concern that the ordinance can be interpreted arbitrarily, wouldn't it be proper to clearly revise it to ensure it does not violate the constitutional intent?

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