court-election law

Court deems election law banning rallies, gatherings as unconstitutional

By Kim Han-joo

SEOUL, July 21 (Yonhap) -- The Constitutional Court on Thursday struck down an election law clause banning rallies and gatherings during official campaign periods, saying it excessively restricts the freedom of assembly and political expression.

The Public Official Election Act states that no one shall hold a meeting of hometown friends, clan gathering, alumni meeting, rally to strengthen unity, picnic or other assemblies and meetings during the election period, with the aim of influencing an election.

But the Constitutional Court ruled the clause unconstitutional in a 6-3 vote, saying banning rallies and gatherings, which cannot be seen as causing harm to election fairness, excessively infringes upon the freedom of assembly and political expression.

The court said the clause "uniformly and completely bans rallies or gatherings of general electorates."

The court also said the clause makes it impossible to make collective expression of an opinion related to elections, which gravely violates freedom.

The constitutional appeal was filed by high-profile progressive commentator Kim Eo-jun and Choo Jin-woo, a former journalist at SisaIN magazine.

The two were indicted on charges of publicly supporting then-ruling party candidates and holding rallies ahead of the 2012 general elections. A lower court partially found the two guilty of violating the law, and handed down a fine of 900,000 won (US$688).

(END)

[ⓒ K-VIBE. 무단전재-재배포 금지]