Jeon Kwanghoon's First Appeal Trial for 'Large-Scale Rally During COVID': Absent Due to Health Reasons

Dispute Over Legitimacy of Seoul’s Assembly Ban Notification Procedures

At the first appellate trial of Pastor Jeon Kwanghoon of Sarang Jeil Church, who was indicted for leading the August 15, 2020 Gwanghwamun rally during the COVID-19 pandemic, a legal dispute arose over the administrative legitimacy of the Seoul Metropolitan Government's ban on gatherings at that time. Meanwhile, Pastor Jeon did not appear in court on this day due to health reasons. As a result, the court decided to separate his case and proceed with a separate trial.

Pastor Jeon Kwang-hoon of Sarang Jeil Church. Yonhap News Agency

The Criminal Division 3 of the Seoul High Court (Chief Judge Lee Seunghan) convened the first appellate hearing on the afternoon of April 14, for Pastor Jeon's case, who was charged with violating the Assembly and Demonstration Act and the Infectious Disease Control and Prevention Act.

Only some of the 19 defendants, including Pastor Jeon, attended the hearing that day. Pastor Jeon was absent, citing health issues. However, the court stated that the written reason for non-attendance submitted by Pastor Jeon was "not deemed justifiable," and informed the defense that, in appellate proceedings, the trial may proceed without the defendant if they are absent for two consecutive sessions. With the defense's consent, the court decided to separate Pastor Jeon's case and hold a separate hearing at the next session.

The main issue at trial was whether the ban on assemblies issued by the Seoul Metropolitan Government followed proper administrative procedures. Both the defense and the prosecution summoned Shin, who was in charge of building security and assembly-related work at the city government at the time, as a witness to testify about the situation back then.

The defense pointed out that the timing of the city’s notification was excessively short. The attorney stated, "During the assembly in February 2020, the ban was notified at 5 p.m. just one day before the scheduled date, which completely deprived the other party of the opportunity to challenge the decision in the administrative court." In response, witness Shin said, "At the time, preventing the spread of COVID-19 was the utmost priority," and admitted that he did not give much thought to providing time for administrative litigation.

The defense also raised questions about the method of notification, noting that under the Infectious Disease Control and Prevention Act, residents must be notified in advance of assembly bans. The witness replied, "We notified the public through press reports and news releases, and sent official documents to the applicants." The defense further argued that "while then-Seoul Mayor Park Wonsoon opposed banning the entry of Chinese nationals and encouraged travel and consumption, he exclusively prohibited the Gwanghwamun rallies, which was unfair." The witness answered, "As a working-level staff member, I am not aware of decisions outside the scope of my work."

The notification of the ban on the Liberation Day rally, issued on August 13, 2020, was also brought into question. The defense noted that the assembly had been reported on July 29, 2020, but the ban notification was not issued until two days before the event. The witness said, "I am not exactly sure about the process by which official documents are transmitted from the police to the Seoul Metropolitan Government," but added, "The police do not notify the city immediately upon receiving an assembly report."

During cross-examination, the prosecution reconfirmed that the witness was not a decision-maker but an implementer of instructions. The prosecution also stressed that the city had not targeted any specific rally but had banned all reported assemblies in the plaza. They argued that there were no procedural issues, as the ban was publicly announced via the city’s website, official notices, banners, and other channels.

Pastor Jeon is accused of violating the assembly ban order by holding the so-called "815 National Rally" in the Gwanghwamun area of Jongno-gu, Seoul on August 15, 2020. The trial also covers charges of violating the Infectious Disease Control and Prevention Act for the assembly in February 2020, as well as obstruction of official duties during the October 2019 National Foundation Day rally.

In the first trial, Pastor Jeon was sentenced to one year and six months in prison, suspended for three years, and fined 4.5 million won. Other defendants, including Kim Kyungjae, former president of the Korea Freedom Federation, also received suspended prison sentences or fines. The defense appealed, citing misinterpretation of the law, while the prosecution appealed, arguing that the sentences were too lenient.

The next appellate hearing is scheduled for 2 p.m. on May 26.

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