The court judged that the disposition of the police, who viewed the office of the President of Yongsan as the ‘official residence’ and banned the assembly, was illegal.
The 13th Administrative Division of the Seoul Administrative Court (Presiding Judge Park Jeong-dae) ruled in favor of the plaintiff in a lawsuit filed by the People’s Solidarity for Participatory Democracy (PSPD) against the Yongsan Police Station on the 12th to revoke the notice of banning outdoor assemblies. The judge said, “As a result of comprehensive consideration of possible interpretations of various issues, it was determined that the office of the president cannot be regarded as included in the ‘presidential residence’ as set forth in the Assembly and Demonstration Act (Assembly and Demonstration Act).”
The People’s Solidarity for Participatory Democracy (PSPD) announced that it would hold a press conference and rally in front of the Ministry of National Defense and the War Memorial of Korea ahead of the Korea-US summit in May of last year, arguing for “implementation of the agreement between North Korea and the United States and peace on the Korean Peninsula.” When the police banned it, they filed a lawsuit.
The issue was whether the Yongsan President’s Office was included in the ‘President’s Residence’, which was set as the subject of assembly ban within 100m in the Assembly and Demonstration Act. In the Blue House, the presidential residence and office, which were gathered in one place, were separated under the Yoon Seok-yeol administration, but the police interpreted that the office should also be included in the official residence. People’s Solidarity for Participatory Democracy (PSPD) refuted, saying, “It is generally reasonable to view the official residence as a residential space, and assemblies in front of the office should be permitted.”
The court accepted part of the request for suspension of execution in this case filed by the People’s Solidarity for Participatory Democracy in May of last year and allowed a rally near the Yongsan presidential office. However, the time and place of the meeting were restricted, citing concerns about traffic congestion in the area.
Separately, the Constitutional Court also ruled last month that a provision of the Assembly and Demonstration Act, which banned assemblies and demonstrations within 100 meters of the presidential residence, was constitutionally unconstitutional. According to the Constitutional Court decision, the provision will lose effect if not amended by May 31, 2024.