Seoul City Refutes "Unauthorized Installation of Memorial Altars Subject to Compensation Fees"

The Seoul Metropolitan Government responded to the bereaved families of the Itaewon tragedy, who stated that "the operation of the memorial altar falls under 'gwanhonsangje (冠婚喪祭)' according to Article 15 of the Assembly and Demonstration Act, and is neither subject to permission nor notification under current law. (Omitted) If Seoul City forcibly carries out administrative execution, it would be an illegal exercise of public authority infringing on fundamental rights," by pointing out that "this is merely an exception when reporting assemblies" and that it should be distinguished from the regulations applied to Seoul Plaza.

On the 27th of last month, officials from the 10.29 Itaewon Disaster Citizens' Countermeasures Meeting held a press conference in front of the joint memorial altar for the victims of the Itaewon disaster set up at Seoul Plaza in Jung-gu, Seoul, ahead of the 10-day nationwide tour of the 10.29 Truth Bus. Photo by Kang Jin-hyung aymsdream@

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On the 11th, the city explained, "According to the 'Act on the Management of Public Property and Goods' and the 'Seoul Plaza Ordinance,' unauthorized occupation of public property may result in the imposition of compensation fees and administrative execution," emphasizing that "even if an assembly report is lawfully submitted under the Assembly and Demonstration Act, prior permission for use and benefit must be obtained from Seoul City." In this regard, the city has classified the 'Itaewon Tragedy Memorial Altar' installed at Seoul Plaza as an illegal facility and notified the bereaved families' council of a compensation fee of 29 million KRW.

Previously, in September 2019, the Supreme Court ruled that "even if the assembly or demonstration itself is lawful according to the procedures stipulated in the Assembly and Demonstration Act, unauthorized occupation of public property may be subject to compensation fees under the Public Property Act." It also stated that "if public property is occupied or facilities are installed without justifiable reasons, orders for restoration or removal of facilities may be issued, and failure to comply may result in administrative execution."

Furthermore, the Constitutional Court ruled in July 2017 that "even if the assembly or demonstration itself is lawful, unauthorized occupation of public property may be subject to compensation fees under the Public Property Act."

Regarding this, the city emphasized, "Gwanhonsangje is an exception only when reporting assemblies under Article 15 of the Assembly and Demonstration Act and is distinct from the regulations applied to Seoul Plaza."

In response to the bereaved families' claim that "Seoul City rejected the Seoul Plaza usage application submitted by the Citizens' Countermeasure Committee immediately after the installation of the memorial altar within just one day," the city referred to Article 5 of the Seoul Plaza Usage and Management Ordinance, pointing out that "the applicant must submit the usage application to the mayor between 90 and 5 days before the start date of use, but the Citizens' Countermeasure Committee occupied Seoul Plaza without prior notification on February 4 and submitted the usage application by email the following day, February 5."

Additionally, the city noted, "On the 10th of the same month, Seoul held the Open Plaza Operation Citizens' Committee meeting and communicated the decision of non-acceptance to the Citizens' Countermeasure Committee."

Regarding the bereaved families' claim of "unfairly high compensation fees," the city stated, "The compensation fees were calculated and imposed on the Citizens' Countermeasure Committee in accordance with the 'Act on the Management of Public Property and Goods' and the 'Seoul Metropolitan Government Ordinance on the Use and Management of Seoul Plaza,'" emphasizing that "the calculation considered the individual official land price of the site currently occupied without authorization by the memorial altar, the occupied area, and the duration of occupation."

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