It’s not the official residence of the court president’s office… Allow some meetings tomorrow

Solidarity demonstration for participation in Yongsan-seo held on the 21st at the Korea-US summit
12 noon to 5 pm

Photo = President’s Office Photo Correspondents

On the 21st, when the Korea-US summit will be held, a court decision has been made to allow the assembly near the Yongsan Presidential Office of the Solidarity for Participation.

According to the court on the 20th, the 13th Administrative Division of the Seoul Administrative Court (Judge Park Jeong-dae) partially cited the application for suspension of execution (suspension of effect) filed by the Solidarity for Participation in dissatisfaction with the Seoul Yongsan Police Station’s disposition to ban assemblies.

The court allowed rallies to be held on the sidewalk and one lower lane in front of the War Memorial of Korea from 12:00 noon to 5:00 pm, and maintained the police ban on rallies outside these limits.

The Solidarity for Participation initially said that it would hold a rally in two lanes in front of the main gate of the Ministry of National Defense and in front of the War Memorial from 8 am to 10 pm, but the assembly was allowed, but the scope was reduced.

Regarding this, the court explained, “If the assembly is fully permitted as in the report, there is a considerable possibility that the adverse effect on the public welfare will become more serious.”

Court that the office is not an official residence… Police ‘difficult’

photo = Yonhap News

photo = Yonhap News

The Solidarity for Participation reported to the police that it would hold a press conference and rally in front of the Ministry of National Defense and the War Memorial of Korea claiming ‘implementation of the inter-Korean agreement and peace on the Korean Peninsula’.

The Yongsan Police Station banned the demonstration because it was a demonstration that was held 100 meters in front of the office. Article 11 of the Assembly and Demonstration Act (Gypsy Act) prohibits outdoor gatherings within 100 meters of the ‘President’s Residence’, and the logic is that the Oval Office is also included in the Presidential Residence.

Previously, there was no such controversy because the Blue House was the president’s office and official residence.

However, one after another, the courts are giving the interpretation that the office is not an official residence. “The presidential residence as stipulated in the Gypsy Act should be considered to refer only to residential spaces where people conduct daily life other than performing their duties.”

In addition, “According to Article 11 of the Gypsies Act, assembly is prohibited in the residences of the President of the National Assembly, the Chief Justice of the Supreme Court, and the Constitutional Court, as in the presidential residence, but the National Assembly, the Court, and the Constitutional Court where they perform their duties are permitted to hold assemblies. “Considering equity, rallies and demonstrations that are not likely to spread on a large scale can be held near the Oval Office,” he said.

Rainbow action marching between Yongsan Station Square and Itaewon Square.  yunhap news

Rainbow action marching between Yongsan Station Square and Itaewon Square. yunhap news

On the 13th, the 5th administrative division of the same court (Chief Judge Kim Soon-yeol) also cited a part of the application for suspension of execution of the notice of ban on assembly issued by Rainbow Action Against Sexual Minority Discrimination against the Chief of Yongsan Police Station.

At the time, the court said, “It is beyond the usual meaning to interpret the Oval Office as being included in the official residence.

Reporter Oh Hyun-ah [email protected]

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