Constitutional Court asked to review ban on traffic obstruction

SEOUL, May 6 (Yonhap) -- A district court has filed for a constitutional review
of a criminal law that reprimands those who disrupt traffic, officials said
Wednesday, in a case that could change the severity of punishment faced by street
protesters.
A defendant, identified only by his surname Kang, was indicted in June 2007 on
charges of causing a traffic jam while participating in a street demonstration
against the South Korea-U.S. free trade agreement. He was ordered to pay 1
million won (US$780) for violating the criminal law by marching in the street.
Kang appealed, asking the Constitutional Court to review whether the law is
constitutional.
The law allows up to 15 million won in fines and maximum of 10 years in prison
for those who disrupt traffic on land or sea. But the district court has argued
the law's phrasing is too vague.
"The law penalizes all conduct that causes traffic jams. If the law is to be
applied without exceptions, marathons and authorized rallies would also fall
under it. This effectively would place the rights of vehicle transportation over
the rights to assemble," the district court said.
By comparison, the same violations under traffic laws are punished less severely
with fines up to 200,000 won, which raises questions about the fairness of
applying the criminal law, the court said.
When a case is taken to the Constitutional Court, rulings on related cases are
postponed until a constitutional decision is made.
brk@yna.co.kr
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