Judge asks Constitutional Court to review ban on night rallies

SEOUL, Oct. 9 (Yonhap) -- A district court judge asked the Constitutional Court on Thursday to review whether a current ban on night rallies is constitutional after suspending the trial of a man charged with organizing demonstrations after sunset.

The request was accepted and filed with the Constitutional Court.
South Korea's law on assembly and demonstration prohibits rallies after sunset.
Those wishing to organize during restricted hours must obtain prior approval
from police.
Critics say the nighttime ban conflicts with the right to freedom of assembly
guaranteed by the Constitution. The assembly law was enacted in 1962 when a night
curfew was in place.
Prosecutors have indicted more than 1,000 people for organizing or participating
in the candlelight protests that rocked the country in early summer. The
demonstrations against U.S. beef imports carried on for months, involving
late-night street marches and clashes with police.
While his trial was underway, Ahn Jin-geol, a college professor and one of the
key organizers of the protests, appealed to the Seoul Central District Court,
arguing the assembly law violates the Constitution.
"Clause 21 of the Constitution guarantees the freedom of press, publication,
demonstration and assembly and does not acknowledge a need for government
approval," District Court Judge Park Jae-young said in the document submitted to
the Constitutional Court.
The assembly law "bases its principle on banning the freedom of assembly with the
exception of approved demonstration, which contravenes clause 21," he said.
Ahn's trial was subsequently suspended indefinitely until a decision by the
Constitutional Court, Park said.
This is not the first time the controversial law has been put to the test. In
1994, the Constitutional Court dismissed a similar petition and upheld the
assembly law, noting that it does not impose a blanket ban as cultural and
non-political rallies are allowed at night.
Constitutional Court spokesman Kim Bok-ki said the key issue is "whether the
assembly law violates freedom of assembly, one of the basic human rights." He
said the court will start fresh deliberations on the case.
A number of court trials are underway involving beef protesters who have been
charged with violating the assembly law. Their sentencing is also likely to be
suspended until the Constitutional Court makes a decision.
The suspects were among the tens of thousands of people who took to the streets
after Seoul signed an agreement with Washington in April to unconditionally lift
a ban on U.S. beef imports. The massive protests prompted the two governments to
hold additional talks to add an age limit to the deal, which took effect in late
June.