[Exclusive] Police Struggle with Punishing 'Unreported Assemblies'... All Cases Now Directed by Investigation Headquarters

Constitutional Court Rules Blanket Punishment Unconstitutional
National Police Agency to Report All Unreported Assemblies to Investigation Bureau
Current Regulations Maintained, Non-Referral Considered Based on Risk Assessment

After the Constitutional Court ruled that it is unconstitutional to uniformly punish unreported outdoor assemblies, regardless of circumstances, it has been confirmed that the police have activated a response system in which the National Investigation Headquarters directly supervises all such cases. There are concerns among field officers that the Constitutional Court's decision could lead to an overly broad interpretation of the "freedom of assembly."

According to reporting by The Asia Business Daily on March 16, the National Investigation Headquarters of the National Police Agency recently issued instructions to all provincial police agencies to report every case of an unreported outdoor assembly directly to the headquarters from the moment it is filed. The headquarters also plans to directly supervise the investigation when closing a case, by evaluating potential risks and other relevant factors.

Members of the National Solidarity for the Elimination of Discrimination against Persons with Disabilities are being forcibly removed while holding a publicity campaign at Hyehwa Station on Seoul Subway Line 4, demanding the reinstatement of 400 workers with severe disabilities employed in rights-centered public jobs. This is unrelated to the article. Photo by Jo Yongjun

On February 26, the Constitutional Court ruled that it is unconstitutional to uniformly punish unreported outdoor assemblies without exception. This decision was made in response to a constitutional complaint filed by three petitioners, including Park Kyungseok, head of the National Solidarity for the Elimination of Discrimination against Persons with Disabilities, who were convicted under the Assembly and Demonstration Act and argued that the relevant provisions were unconstitutional. Under Article 6 of the Act, organizers of outdoor assemblies or demonstrations are required to notify the chief of the relevant police station between 30 days and 48 hours prior to the event. Article 22 of the same law stipulates that those who violate this reporting requirement or organize assemblies or demonstrations in defiance of a prohibition notice may be sentenced to up to two years in prison or fined up to 2 million won.

The Constitutional Court's decision does not find the punitive provision itself unconstitutional, but rather emphasizes that, to comply with the principle of "minimum infringement," the law must include exceptions that suspend the exercise of criminal punishment in certain cases. However, investigative authorities are concerned that this ruling could undermine even the requirement to report outdoor assemblies in advance, which is intended to maintain public order and safety.

In its directive to local police agencies, the National Police Agency pointed out that the Constitutional Court's judgment on the punitive provision conflicts with established Supreme Court precedents. Nevertheless, the agency instructed that, in respect for the Constitutional Court's decision, cases with no risk of infringing on fundamental rights or public order should be considered for non-referral. Investigations will continue to follow current regulations until the legal amendment deadline in August of next year.

A police official explained, "The police must individually assess the risk and potential threat to public order posed by an assembly, but the standards for this assessment may vary from site to site. To avoid unnecessary disputes over constitutionality, we decided to implement a reporting system to the headquarters so that unified standards can be established at the central level."

However, since all cases are now being supervised at headquarters, the police are expected to scrutinize the "risk" of unreported assemblies more thoroughly. Internally, guidelines have been shared instructing officers to make comprehensive assessments based not just on whether an assembly was reported, but also considering the number of participants, purpose, time, location, method, activities, and duration. The plan is to collect as much evidence as possible—including not only materials documented at the scene but also related YouTube videos and other sources—to evaluate the risks involved.

Since the current regulations will remain in effect until the amendment deadline, not all unreported outdoor assemblies will escape punishment. If an assembly is deemed to pose a risk, penalties of "up to two years in prison or a fine of up to 2 million won" may be imposed. The prosecution will also maintain the current approach until the deadline, only considering non-indictment in cases where no risk is identified. As of the end of last month, the police were investigating 32 cases of unreported assemblies under the Assembly and Demonstration Act.

Front-line intelligence police officers, who are responsible for managing assemblies and demonstrations, have expressed concerns that the Constitutional Court's decision could lead to an excessively broad interpretation of the "freedom of assembly." One intelligence officer commented, "If a case is closed without referral simply because there is no illegality, isn't there no longer any reason to file an advance report? This ruling undermines the requirement to report assemblies in advance, making it even more difficult for the police to ensure public safety."

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