"Assemblies within 100m of the presidential residence are not banned"

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A decision has been made that the Assembly and Demonstration Act, which bans all assembly and demonstration within 100 meters of the presidential residence, and the provisions of the Assembly and Demonstration Act are unconstitutional.

The Constitutional Court ordered the National Assembly to amend the law by May 2024.

This is reporter Ha Jung-yeon's report.

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In August 2017, a labor union executive, Mr. Kim, was charged with holding a rally at the fountain in front of the Blue House.

According to the current Assembly and Demonstration Act, assemblies or demonstrations should not be held within 100m of the presidential residence, but it is said to have violated the law because it is about 68m away from the Blue House boundary.

Mr. Kim appealed to the court saying that this provision was unconstitutional, and the Constitutional Court, which took over the case, decided that this provision was not in accordance with the constitution.

The Constitutional Court judged, "When the people want to express their opinions to the president through an assembly, the area near the official residence is the most effective place to convey their opinions." .

However, he ordered the National Assembly to amend the law by May 31, 2024, seeing that confusion could result when the provision was immediately invalidated.

The Assembly and Demonstration Act, enacted in 1962 immediately after the 5/16 coup, has repeatedly been criticized for excessively restricting the 'freedom of assembly'.

In response, the Constitutional Court ruled in 2003 that the assembly restriction clause within 100 meters of diplomatic institutions was 'unconstitutional', and in 2018, the Constitutional Court also ruled that the assembly prohibition clause near the National Assembly building, the Prime Minister's residence, and each court was unconstitutional.

The Constitutional Court's decision prohibits assemblies and demonstrations within a 100m radius of the Yongsan Office of the President and the former president's sister-in-law. Although it does not have direct binding force on the law amendment bill recently passed by the National Assembly Standing Committee, it is expected to affect the future discussion process in the National Assembly. I see.

(Video editing: Kim Jong-mi)