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Constitutional Court rules in support of protests near courts

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By Kim Jae-heun

The Constitutional Court ruled against the current law prohibiting rallies near local courts, calling it an infringement on freedom of assembly.

According to the law, those holding a rally within 100 meters of any court in the country can face one year in prison or 1 million won ($894) in fines. The law was aimed at preventing rallies from affecting the outcome of trials.

“We do not believe all protests near courts would greatly influence the courts' decision on particular cases,” the Constitutional Court judged.

However, it said there are protests that could have an impact on specific trials, so ordered the National Assembly to revise the law by Dec. 31, 2019, saying the current law will remain effective until then to prevent confusion.

The ruling followed a petition by a man who was arrested for holding a rally in front of the Supreme Prosecutors' Office, which was within 100 meters of the Supreme Court. After being found guilty at a local and an appellate court, he filed the petition.