Court puts brake on police attempts to block protests

A Seoul court ordered the police on Tuesday to withdraw its decision to ban a demonstration in memory of Sewol ferry tragedy in central Seoul, questioning the authenticity of a petition that was cited.

The Seoul Administrative Court ruled in favor of a man, identified only by his surname Kim, who asked the court to lift the prohibition order by the police on holding a demonstration to pay tribute to the victims of the politically sensitive Sewol ferry disaster. 

Kim applied for a permit from the Jongno Police Department in June 2014 to stage a demonstration from 5 p.m. to midnight in front of the National Folk Museum, near Gyeongbokgung Palace, calling for a thorough probe into the nation’s biggest maritime disaster that left more than 300 dead or missing. 

But the police refused to issue a permit, citing a petition submitted by those living near the venue. The police said that residents living and doing business in the area had handed in a petition, asking for a prohibition on the demonstration.

Under the current Assembly and Demonstration Act, the police can ban assemblies when a petition is submitted against such a move. 

The court admitted that the demonstration could disturb the neighborhood, but invalidated the police ban, citing a lack of evidence to prove that the petition is authentic and submitted by the residents themselves. 

The petition only included personal profiles and signatures of some 80 residents living near the demonstration venue without specifying the date and place of the demonstration they opposed and reasons for such a petition. 

During the trial, two residents who signed the petition reportedly could not testify what it was about and why they submitted it, raising questions over the authenticity of the document. 

“It is very doubtful that the residents were opposed to the demonstration and asked for protection from the police,” the court said in the ruling.
The verdict came amid mounting concerns that an increasing number of police bans are placed on demonstrations and protests over politically sensitive issues, citing traffic disturbances and harm to public order. 

Another recent controversial police ban on an assembly came in May when organizers of the gay pride parade applied for a permit to hold the annual event. The police rejected the application, taking issue with possible traffic disruptions and clashes with antigay activists during the parade. 

The decision sparked heated debate and overturned when the court ruled in favor of the LGBT activists. 

“Assemblies can be prohibited only when they pose a direct and clear threat to public order,” the court said in the ruling. “Banning assemblies should be used as a last resort when there are no options left.”

Traffic disruption has been the most cited reason for the police to forbid a protest, according to data released by the National Police Agency. 

The number of police bans on assemblies stood at 281 last year, with traffic disruption accounting for 45.6 percent of the reasons. Disruption to neighborhood came in second at 32 percent, followed by multiple applications for a single venue at 12.8 percent. 

A human rights lawyer hailed the court decision as the first step to deter the police from abusing their authority to forbid demonstrations and protests, which he called the backbone of democracy. 

“While the past court rulings seemed to lean toward the police, this time, the court thoroughly examined the petition. In the past, many petitions seemed rather dubious, raising doubts that sometimes the police led residents to submit them,” Park Ju-min, a lawyer for Lawyers for a Democratic Society, told The Korea Herald. 

“It seems like the police is making various excuses to ban demonstrations, especially when they are politically oriented and to criticize the government in power,” Park said. “I think the ruling will stop the police from insensibly issuing bans on assemblies.”

By Ock Hyun-ju (laeticia.ock@heraldcorp.com)