By Kang Shin-who
Staff Reporter
The Constitutional Court will review whether the law banning demonstrations at night is against the constitution. Yoon Hee-sook, who presided over candlelit rallies and has been indicted with physical detention for the violation of the law on rallies, will file a petition to demand the Court review whether the law legislated in 1962 is constitutional, according to her lawyer.
It is the second time that the law banning demonstrations at night will be subject to a review by the Constitutional Court. Roughly 14 years ago, the Court ruled it was not against the Constitution.
Yoon's lawyer, Kim Nam-guen, plans to submit the petition next week. He argues that the law is unconstitutional as the Constitution does not require demonstrators to apply for permission to demonstrate except when the demonstrations take place at night, and that the law, legislated in 1962 when there was a night curfew, is outdated and does not reflect reality.
If the Court rules the law unconstitutional, most suits against candlelit protesters would be annulled. More than 1,000 candlelight demonstrators are currently charged with violation of demonstration-related laws.