3) No Assembly Zone and the Current Status of the Amendment to the “Assembly
and Demonstration Act”
A) Controversy Surrounding the Yongsan and Pyeongsan Assemblies and
Demonstrations and Proposed Amendment to the “Assembly and Demonstration
Act”
The presidential office was moved from the Blue House to a building used as the Ministry
of National Defense building in Yongsan-gu in May 2022. Afterwards, the police established
a policy to ban all assemblies within 100 meters of the relocated presidential office, and
banned all assemblies reported.159) Issues were raised regarding the disposition of the police
on whether the office of the president falls under the no assembly zone under the ‘Assembly
and Demonstration Act’160) because the two spaces, the office of the president and the
“presidential residence,” where assemblies are prohibited under the Assembly and
Demonstration Act, were located in the same place previously but are separated now. The
police interpreted the office of the president to be a no assembly zone under the Assembly
and Demonstration Act.
Civil groups criticized the police for issuing a ban that violated the freedom of assembly
through arbitrary interpretation, even though the “office of the president” is not specified in
the no assembly zone under the Assembly and Demonstration Act, and the organizers of the
assembly and demonstration requested the court to suspend the execution of the ban by the
police. The court found in several cases that the vicinity of the office of the president in
Yongsan did not qualify as the “presidential residence,” a place where gatherings are
prohibited under the Assembly and Demonstration Act. Moreover, with the decision to
suspend the effect of the police’s notice of assembly, the assembly was allowed near the
office of the president, with conditional depending on individual cases.161)
On the other hand, in May 2022, when former President Moon Jae-in retired and began
159) Sisa Journal, Police maintaining the policy of no assembly within 100m of the office of the president in Yongsan,
May 14, 2022.
160) Article 11(3) of the Assembly and Demonstration Act prohibits assembly or demonstration within 100 meters of the
presidential residence.
161) Seoul Administrative Court, Decided on May 20, 2022, 2022Ah11434, Decided on May 11, 2022, 2022Ah11236, etc.
62
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents