On May 24, the government and the ruling People Power Party (PPP) announced they would prohibit and restrict demonstrations organized by any group with a history of illegal rallies as well as demonstrations in major city streets during morning and evening rush hour.

The government and PPP are taking advantage of the public antagonism toward trade unions and public sentiment against demonstrations after the Korean Construction Workers’ Union, an affiliate of the Korean Confederation of Trade Unions, held an overnight, two-day rally on May 16-17, and continued to present hardline measures. Experts criticized that the latest idea was unconstitutional, for it tried to apply a demonstration permit system, which is banned by the Constitution.

After a government meeting with the ruling PPP to discuss ways to establish public order and protect the people’s rights and interests at the National Assembly on Wednesday, Yun Jae-ok, the People Power Party floor leader, argued, “We need to respond thoroughly even in the process of reporting a demonstration,” and said, “When it is apparent that an organization with a history of breaking the law poses a direct threat to the legal interests of another person or public order as in the latest demonstration (by the Construction Workers’ Union), then in these cases we will review restrictions.”

Park Dae-chul, head of the PPP policy committee wrote on social media, “On major streets (Sejong-daero, Mapo-daero, Yeoui-daero, etc.), we will make sure they (demonstrators) don’t block the flow of traffic by occupying the lanes.”

The government and ruling PPP will install a task force (TF) to establish public order and protect public interests, under the Office of the Prime Minister, and have the team review comprehensive measures at the government level. They announced that they would also respond strictly to demonstrations disguised as night-time cultural festivals and attempts to collectively sleep on the streets. They announced plans to promote legislation banning late night demonstrations and strengthening noise standards for rallies. They also said, when problems occur due to the exercise of public authority in the process of responding to the demonstrations, they would support the litigation of the police in question and ensure that they do not suffer disadvantages in their status.

The government and PPP are trying to ban demonstrations held by organizations with a history of conducting illegal demonstrations based on the first paragraph of Article 5 of the Assembly and Demonstration Act, which allows the state to prohibit any assembly or demonstration, “which clearly poses a direct threat to public peace and order by inciting collective violence, threats, destruction, arson, etc.” However, there is no legal clause that bans demonstrations just because the organizer has a history of illegal assembly. In the past, the police arbitrarily interpreted this article and abused its authority sending out notices banning rallies just because the organizers had conducted illegal demonstrations before. But most of the arguments by the police were dismissed by the court.

Attorney Kim So-ri of the law firm Mulgyeol (wave) represented the organizers in a number of cases concerning the notices banning demonstrations. She said, “When we consider the importance of our basic right, the freedom of assembly, Clause 1, Article 5 of the Assembly and Demonstration Act can only be applied in extremely exceptional cases,” and argued, “The latest measure goes against the legal trend of guaranteeing the freedom of assembly in broader terms.” The People’s Solidarity for Participatory Democracy released a statement and criticized, “We cannot conceal our horror at the thought of promoting an unconstitutional legislation introducing a permit system for demonstrations and assemblies, which the Constitution banned, and restricting the freedom of assembly and association, which is the foundation of democracy.”