111. Proposed recommendation: The State party should amend the State Public Officials
Act, the Public Official Election Act and other laws to ensure that public officials and
teachers, as citizens, are able to enjoy the political freedom guaranteed by Article 25 of the
ICCPR.111
Issue 25. Peaceful Assembly
112. In April 2020, the Constitutional Court held that the direct firing of water cannons by the
police at the demonstrator, the late farmer Baek Nam-ki, to disperse demonstration in 2015
infringed upon his right to life and freedom of assembly, constituting the violation of the
Constitution. Following the death of Mr. Baek, the NHRCK expressed its opinion to the
National Assembly during the process of revising the Act on the Performance of Duties by
Police Officers that it is desirable to include, in the amended Act, the prohibition of direct
firing of water cannon and mixing harmful substances; a duty to pay attention to the elderly;
and a duty to train water cannon operators.112 However, those were not included in the
amendment.
113. In some cities, Queer Culture Festivals that have completed the registration for a rally
have been repeatedly hindered from being held due to local governments’ refusal to grant
permission to use the roads. In particular, in Daegu in June 2023, the police and the local
government physically clashed over the use of roads for the Queer Culture Festival due to
their different positions on the event, which caused controversy.
114. The Special Rapporteur on Freedom of Peaceful Assembly and of Association and the
Special Rapporteur on the Rights of Persons with Disabilities jointly sent a letter to the
Government in April 2023, expressing their concerns about the excessive use of force by the
police during a subway rally by advocacy groups for people with disabilities who called for
non-discrimination. The letter outlined concerns about the violation of the right to peaceful
assembly and demonstration, the excessive use of force without sufficient legal basis, unjust
lawsuits against disability rights activists, and a lack of genuine consultation with the
disability advocacy groups.
115. In December 2022, the Constitutional Court ruled that Article 11 of the Assembly and
Demonstration Act, which bans assemblies near the presidential residence, is unconstitutional
for violating the principle of proportionality. Meanwhile, Article 12 of the said Act stipulates
that assemblies can be banned or restricted on certain roads for the maintenance of traffic
order. The National Police Agency is pushing for an amendment to the Enforcement Decree
of the Assembly and Demonstration Act to insert Itaewon Road and others which pass in front
of the presidential office in the list of restricted roads. Such move raises a concern that the
police could arbitrarily restrict assemblies and demonstrations near the presidential office on
the grounds of traffic flow under that provision.
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