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24. Restricting Rallies through Car Blockades
Car blockades (blocking assembly areas by parking police buses without any space
even for passage) were used in order to block street marches or assembly areas. In
recent years, this method is used not only for unreported assemblies but also for
reported ones. Car blockades have become a routine regulation method for restricting
or blocking passage according to the situation. Even if certain areas are allowed for
passage, car blockades surrounding the rallies separate citizens from demonstrators.
Regarding the blockade of passage by using police buses to surround the Seoul
Plaza ordered by the Commissioner-General of the National Police Agency on June 6,
2009, the Constitutional Court ruled that the blockade was unconstitutional as it
prohibited all assemblies that could have taken place at the Seoul Plaza and that it was
a broad, extensive and excessive action that banned even the passage of citizens.
Question
What measures does the Government have to resolve excessive restrictions on the
right to assembly and demonstrate by car blockades, etc?
Article 22
25. Rights to Organize of Public Officials and Teachers
The Government reports that, based on article 33.2 of the Constitutions it grants
public officials with limited basic labor rights given that they serve the entire public
and are required to have publicness and neutrality in performing duties. Teachers’
right to collective action is also partially restricted given that their duties are public