'28-Hour Namtaeryeong Battle' Police Restriction Notice Controversy… "Violation of Freedom of Assembly"

Police: "For Traffic and Safety Reasons"
Identical to 2016 Case
Court: "Ban Notice Must Be Canceled"

Controversy has arisen over the 'restricted notice' regarding the incident where the police and the National Peasants' Federation (Jeonnong) tractors confronted each other for 28 hours at Namtaeryeong. Although a restricted notice does not completely ban assemblies and demonstrations like a prohibition notice, the police blocked all roads. Critics argue that the police effectively infringed on the freedom of assembly and demonstration.

Tractors are stopped near Namtaeryeong, Seocho-gu, Seoul on the 22nd, where the Jeon Bong-jun Struggle Group of the National Peasants' Federation staged a tractor protest demanding the arrest of President Yoon Seok-yeol and continued a standoff for more than 20 hours. Photo by Yonhap News

On the 24th, Kim Sang-eun, a lawyer from the Lawyers for a Democratic Society (Minbyun), pointed out, "In the case of a prohibition notice, it must be issued at least 48 hours before the assembly or demonstration, but a restricted notice has no time limit, so it is a loophole exploiting a legally difficult period to dispute," adding, "Since the police banned all major means in this assembly, although it is formally a restricted notice, it is practically close to a prohibition notice."

On the afternoon of the 20th, the police sent a restricted notice to Jeonnong stating that the use of tractors and cargo trucks was prohibited. A police official explained, "Vehicle demonstrations are highly threatening, and tractors, in particular, cause severe traffic inconvenience in urban areas due to their slow speed," adding, "Seoul has more vehicle traffic than other places, so we have consistently issued restricted notices to prevent tractors from entering major roads."

The 'Resignation Action,' which organized this assembly, filed an urgent relief request with the National Human Rights Commission, claiming that the police barricades were unconstitutional acts infringing on the freedom of assembly. Lawyer Kim Kyung-ho also filed a complaint against the head of the Seoul Bangbae Police Station with the National Police Agency's National Investigation Headquarters for abuse of authority. Participants of the assembly submitted complaints to the National Petition System.

A similar case occurred during the Park Geun-hye administration, where the court sided with Jeonnong. In November 2016, when Jeonnong reported their intention to attend the assembly with tractors, the police denied the assembly citing traffic inconvenience. When Jeonnong filed for a suspension of execution, the Seoul Administrative Court ruled that the police's prohibition notice on outdoor assemblies and marches should be canceled.

Kim Tae-geun, a lawyer at Law Firm Yungpyeong, emphasized, "According to the 2016 precedent, this situation did not consider an appropriate balance between the freedom of assembly and public order but completely blocked it, so if it goes to a legal dispute, the police are likely to lose," adding, "The meaning of an assembly lies in gathering in front of the subject of protest, and blocking such acts violates the principle of proportionality."

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