Controversy persists over regulation of nighttime outdoor rallies

By Park Sae-jin Posted : June 21, 2010, 17:11 Updated : June 21, 2010, 17:11
Starting July 1, police may have no legal ground to regulate outdoor rallies that take place all night long as the current law banning nighttime rallies is to expire at the end of this month, officials and activists warned Monday.

Unless an alternative law is passed by parliament by July 1, nighttime outdoor rallies will be entirely legalized regardless of the timing, causing enormous social turmoil, they said.

The change will come as the Constitutional Court ruled last September that the law banning outdoor rallies after sunset was unconstitutional and gave the government until June 30 to amend it. While the clause on the ban will be automatically scrapped if not revised with the deadline less than 10 days away, lawmakers still remain divided over the bills proposed by each party.

The ruling Grand National Party (GNP) proposed a bill that prohibits outdoor rallies between 10 p.m. and 6 a.m. Another bill by the opposition Democratic Party (DP) calls for unlimited permission for rallies, while imposing bans on restricted regions, including residence areas and military facilities, from midnight through 6 a.m.

But political observers are skeptical about the revision of the current law at the unicameral parliament that opened on Monday, due to prolonged political standoff over other thorny issues.

With looming concern over the security gap ahead of international events to be held, legal experts and civic groups showed mixed responses to the fate of the terminal ban on the night rallies.

"The opposition to the nighttime assemblies is based on the assumption that the rallies could cause damage to people in vicinity areas," Park Kyung-shin, a law professor for Korea University, said in support of legalization of night rallies. "As far as the Constitution allows the freedom to have assembly and rallies, it is unconstitutional to ban the rally solely based on the assumption."

Although the right to assembly should be guaranteed in a maximum level, opponents say that does not necessarily mean the freedom should be exercised indiscretely or unlimitedly.

Park Hyo-jong, a conservative civic group activist, pointed out that it is much more difficult during nighttime rallies than during daytime rallies for the police to maintain order and to prevent unexpected violent incidents that could annoy residents and merchants in the adjacent sites.

"The night rallies should be guaranteed to the full extent, but the ruling and opposition parties should pass the revision bill that sets guidelines to protect citizens' security and right to sleep," Park said.

Kim Seung-dae, a law school professor for Pusan National University, said that the Constitutional Court's nine-month grace period is a signal for "revision" not "abolition" of the regulation.

With hundreds of related cases awaiting sentences, courts take the "wait-and-see" attitude before deciding on those indicted for staging night rallies, while some courts have already ruled on cases even before the Constitutional Court's decision fully takes effect. A Seoul court in October acquitted a man indicted for rallying illegally after sunset, while other courts found protesters guilty of staging illegal rallies.

Court officials hope lawmakers draw a conclusion sometime soon to avoid confusion among people, whose charges are subject to change according to the new law, if passed.

"Each court will make its own decision. To avoid the possible confusion among people, the parties should revise the law in accordance with the Constitutional Court's ruling as soon as possible," a Seoul court official said.//Yonhap

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