Is Law Banning After-Sunset Demonstration Constitutional?
By Park Si-soo
Staff Reporter
The Seoul Central District Court filed a petition with the Constitutional Court, Thursday, requesting a ruling as to whether the current Law on Assembly and Demonstration, which prohibits outdoor demonstrations after sunset, infringes upon people's right to freedom of expression protected under the Constitution.
``We decided to file the petition at the request of the accused Ahn Jin-gul,'' presiding judge Park Jae-young said.
Ahn has been indicted on charges of leading dozens of demonstrations protesting the resumption of U.S. beef imports between March and June in central Seoul.
A final ruling from the district court will be suspended until the Constitution Court clarifies the law's constitutionality. Prosecutors have sought a two-year jail sentence for Ahn.
Ahn was secretary general of the People's Association for Measures Against Mad Cow Disease, an NGO that played a leading role in organizing protests against the beef imports. The protests, which began on May 2, continued for about three months, pushing down President Lee Myung-bak's approval rating to below 20 percent. The cabinet offered to resign en masse and the President made two public apologies to soothe demonstrators.
``The Constitution guarantees the freedom of the press, publication, assembly and demonstration and the government has no right to limit them. In this sense, the current law banning outdoor protests after sunset can be seen as unconstitutional,'' Park said.
In 2005, the Constitutional Court said the law does not violate people's right to freedom of expression as it did not restrict in-door assemblies and demonstrations.