Constitutional court overrules ban on nighttime rallies

SEOUL, Sept. 24 (Yonhap) -- The Constitutional Court ruled on Thursday that a
current ban on night rallies is unconstitutional, ending a decade-long debate on
the clause which critics charged violates the right to assemble.

South Korea's demonstration law enacted in 1962 prohibits outdoor rallies after
sunset. Those who want to organize rallies during restricted hours must obtain
prior approval from police. The court had upheld the law in 1994.
But the court this time overruled the ban by a vote of seven to two and ordered
the legislation be revised by end of June next year. The clause on the ban will
be automatically scrapped if not revised by the deadline.
"The Constitution forbids any type of prohibition on assembly. The assembly law
that requires people to get prior approval contravenes the Constitution," the
court said in the ruling.
A district court judge had asked the Constitutional Court to review the clause
during a trial of a man charged with organizing a street rally at night, arguing
that the blanket ban violates the constitutional right to assemble.
The defendant was among the tens of thousands of people who took to the street
after Seoul and Washington agreed to import U.S. beef, raising fears hear about
mad cow disease. The massive protests continued for months, jolting the Lee
Myung-bak government just months after its inauguration.
brk@yna.co.kr
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