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| Lee Jung-hee, center, former chairwoman of the Unified Progressive Party (UPP), and other progressive activists shout a slogan against the Park Geun-hye administration at a rally at Cheonggye Plaza in Seoul, Saturday, a day after the Constitutional Court disbanded the party for "pro-North Korea" activities. / Yonhap |
Law unclear about demonstrations for disbanded politcal party
By Chung Hyun-chae
The police are in a dilemma over whether to crack down on rallies held to protest against Friday's Constitutional Court ruling ordering the dissolution of the leftist Unified Progressive Party (UPP).
They now have to apply a clause on demonstrations for a disbanded political party for the first time, as this case was the first of its kind in Korean history.
According to the Ministry of Justice, all gatherings led by the UPP are now illegal because a clause in the law of assembly and demonstration banning "any assembly and demonstration organized to achieve a dissolved political party's goal."
The ministry also said it would regard demonstrations protesting the court's decision as illegal if the rallies were meant to achieve the UPP's ideology.
What is confusing police now is the term about rallies organized to achieve a dissolved party's goal, because the phrase is unclear ― what demonstration is for such a goal and what is not, as well as deciding what the UPP's goals actually are.
These clauses were made in 1962 when the act was first established, two years after the nation adopted the political party dissolution system as part of the Constitution.
However, the clauses have not been applied before because there has not been a disbandment of any party.
While the UPP is pledging a "street struggle" against the court's decision, in coalition with civic groups, an official at the National Police Agency said the clauses could be interpreted in various ways.
"As these clauses have never been applied to real incidents before, it is impossible for us to refer to precedent cases or experts' opinions," the official said.
The police said it would try to distinguish between criticism and law violations, while respecting freedom of expression. "We'll decide if a rally participant's remarks denouncing the court decision is mere criticism or if it is in agreement with the UPP's doctrine," he said.
To do so, in the case of rallies, the police will considerate who organized and participated in a rally, what the purpose of the demonstration was, as well as how they were operated and what remarks the participants made.
"If we conclude that the rallies are illegal, we'll order the protestors to disperse. In cases where the rallies are finished, we'll summon the organizers and investigate them," he said.
Meanwhile, progressive civic groups have been holding rallies in protest of the court ruling since Friday.
Although the rallies were organized by civic groups, not the UPP, main speakers were former UPP members, including former party chairwoman Lee Jung-hee.
"Korea is now ruled by a dictator. We will begin to march for democracy," Lee said in the rally held on Saturday.
The police have yet to determine whether her speeches were equivalent to a violation of the law.
"It is dangerous that the government and the police could regard UPP supporters as violating the law, applying the law in their favor," a civic group member said.
