GNP introduces bill to completely ban nighttime outdoor assemblies

Posted on : 2010-02-17 12:14 KST Modified on : 2019-10-19 20:29 KST
The bill, which bans all assemblies from 10:00 p.m. to 6:00 a.m., is being called unconstitutional by opposition parties
 head of the National Court Administration
head of the National Court Administration

The Grand National Party (GNP) has presented a bill in the National Assembly’s Public Administration and Security Committee to amend the laws regarding demonstrations to completely ban nighttime outdoor assemblies from 10:00 p.m. to 6:00 a.m. Opposition parties and civic groups are loudly protesting this, claiming that further restricting the right to assemble runs counter to last September’s Constitutional Court decision declaring Article 10 of the Assembly and Demonstration Law, which banned nighttime outdoor demonstrations, in non-accordance with the Constitution. Accordingly, a clash is expected.

The bill, sponsored by Lawmaker Cho Jin-hyeong, the chairman of the Public Administration and Security Committee, changes the time in which nighttime outdoor assemblies are banned from “sunset to sunrise” to “from 10:00 p.m. to 6:00 a.m.” At the same time, it does away with an article in the current law granting the associated police station chief the ability to permit nighttime outdoor assemblies under the condition that participants maintain order. If the bill passes, any form of outdoor gathering from 10:00 p.m. to 6:00 a.m. would become impossible.

The GNP lawmakers at the committee meeting, including Cho, called for the bill to be passed during the February extraordinary assembly after the bill had been handed over to a subcommittee for legal deliberation. GNP Lawmaker Kim Tae-won said concerns over the destruction of evidence or escape were great regarding nighttime assemblies, and they could very likely turn into violent demonstrations. Thus, he added that until a peaceful demonstration culture takes root in South Korea, a time restriction would have to be placed on outdoor demonstrations.

Democratic Party Lawmakers Kang Gi-jung and Kim Yoo-jung, however, protested the bill, saying that since it excessively restricts the people’s Constitutionally-guaranteed basic rights, it would be better to place limits on noise or venues rather than time. They called on the GNP to drop discussion of amending the Assembly Law and instead hold hearings to gather public opinion. A bill proposed by Democratic Party Lawmaker Chun Jung-bae and Democratic Labor Party Lawmaker Lee Jung-hee, currently stuck in committee, would in principle permit nighttime outdoor assemblies under the condition that participants maintain law and order.

Many also point out that the bill runs counter to the Constitutional Court’s decision that Article 10 of the Assembly Law violated the constitutional ban on requiring prior permission to hold demonstrations and was an excessive restriction that substantively robbed people of their freedom to protest. Oh Dongsuk of Ajou University said the court’s decision means that generally banning nighttime assemblies runs counter to the principle decrying excessive restrictions. He said the debate should be restarted, this time based on the principle of guaranteeing basic rights as much as possible while imposing the least restrictions.

Civic groups plan to hold a press conference at 11:00 a.m. Wednesday to blast the GNP’s bill.

Meanwhile, the National Assembly must amend the article banning nighttime outdoor assemblies by June 30 in accordance with the Constitutional Court’s decision. If it fails to do so, the article will lose its legal standing the next day.

Please direct questions or comments to [englishhani@hani.co.kr]

Most viewed articles