Ahead of Section 3 and 1, the court still applied strict standards to large-scale assembly and decided not to permit it.
However, even if quarantine is important, there is also a court decision that allows some of the assembly of 20 to 30 people on condition of strict compliance with the quarantine guidelines, saying that the constitutional freedom of assembly cannot be completely ignored.
This is the easing of the standards for the assembly ban, while only 10 people have been allowed to protest in vehicles since last year's Liberation Day.
Today (27th), according to the legal community, the Seoul Administrative Court rejected and dismissed 7 cases in 9 cases of suspension of execution that were filed yesterday by conservative groups and the like in protest against the ban on the 3/1 holiday assembly of the Seoul Metropolitan Government and the Ministry of Health and Welfare. Only two cases were cited.
The 4th administrative division of the Seoul Administrative Court (Deputy Judge Han Won-kyo) rejected a request for suspension of execution that the Christian Freedom Party filed in Section 3.1 to suspend the ban on a 1,000-person assembly near the Blue House Sarangchae.
The court ruled that "the public benefit of preventing and preventing the spread of Corona 19, which is intended to be achieved through the enforcement of notices and dispositions, is greater than the damages caused by the restriction on freedom of assembly that the applicant will suffer."
The 2nd and 12th administrations also rejected assemblies of more than 100 people reported by other organizations.
The court has made a strict judgment on the rally since last year's Liberation Day, when the number of participants increased to 10,000 to 20,000, as the number of participants allowed two urban rallies with a size of 1-2 thousand people limitedly.
On the other hand, the 8th Administrative Division of the Seoul Administrative Court (Deputy Judge Jong-Hwan Lee) cited the request for suspension of execution of the ban on the assembly near Gwanghwamun by the Free Korea Foundation.
However, we limited the number of participants to the rally to 20 people, not the 50 people reported.
The court said, "Even if it falls under the banned place notified by the city of Seoul, it is possible to restrict the holding of the assembly only to the'minimum necessary range' by examining the situation of the spread of Corona 19 and the specific assembly section, time, and scale," It was judged to be an intrinsic violation of the freedom of assembly.
He also pointed out that "outdoor gatherings are a scientific fact that the risk of spreading Corona 19 is significantly less than indoor activities."
The 5th Administration (Deputy Judge Jeong Sang-gyu) also made a decision to allow Hwang Mo to reduce the 100-person rally reported by Mr. Hwang to 30 people.
At the same time, nine quarantine rules were presented as conditions, such as requiring all participants of the rally to bring a negative Corona 19 test result.
The judge emphasized that "It is needless to say that thorough observance of quarantine regulations is more urgently required than ever, but collective freedom of expression should not completely close the breathing opportunities or spaces."
The court previously dismissed all applications for suspension of executions related to the Gaecheon Day and Hangeul Day assembly after the mass infection on Liberation Day last year, and allowed only vehicle demonstrations with less than 10 participants.
The request for suspension of execution related to the ban on assembly in Section 3 and 1 included a request to stop the effect of the action, saying that the ban on private gatherings with more than 5 people served as the basis for the ban on the assembly, but all were not accepted.
The court judged that "if the suspension of execution of the disposition is accepted, there is a concern that private meetings and the like will increase and have a significant impact on the public welfare of blocking the spread of Corona 19."
In addition, he said, "The ban on private gatherings with more than 5 people applies to gatherings and events for the purpose of forming friendship, such as alumni associations and clubs, and cannot be seen as applied to political activities such as assemblies."