Court Rules Fliers and Political Chants Do Not Make for a Cultural Event
Dong-A-Ilbo, Korea
Court Rules Fliers and Political Chants Do Not Make for a Cultural Event
10 May 2008
A court ruled on Friday that if fliers and large placards are involved or political slogans are chanted during an event, it cannot be seen purely as a “cultural event.”
The ruling is drawing attention because it comes at a time when people are divided over the candlelight vigils protesting U.S. beef imports. Some find the gatherings illegal, while others see it as a “cultural event.”
The fourth criminal division of the Busan District Court (Judge Goh Gyeong-woo) upheld a prior ruling that five defendants, including Mr. Choi, 55, former head of the Busan chapter of the Korea Confederation of Trade Unions (KTCU) and Mr. Hyeon, 45, the current head of the KTCU`s Busan chapter, were guilty of violating laws and regulations on gatherings and demonstrations.
The court said, “The name of the event hosted by the defendants was a ‘candlelight vigil,’ but given the fact that they hung a large placard that read the ‘Event for Busan citizens against the KORUS FTA,’ distributed 1,000 fliers to people, and chanted political slogans while marching a long distance, cannot be regarded purely as a ‘cultural event.’”
The court added, “Even though the event had elements of a cultural event, such as video showcases, and singing and dancing, as long as it had the traits of a gathering, it falls under the laws and regulations on assemblies and demonstrations.”
“To distinguish a gathering from a cultural event, various elements such as purpose, time, location, event, and participants’ performance need to be taken into account,” the court said.
The defendants were prosecuted for hosting a rally against the KORUS FTA in front of Busan City Hall without registering with the police in November 2006. They were given a suspended sentence of imprisonment and fines in the first ruling.
They appealed to a higher court, saying, “It was only a candlelight event consisting of music and dancing. It is unfair to punish us by applying the law on assemblies and demonstrations.”
During that event, fliers that read, “When the KORUS FTA is implemented, we will face 100 times the shock that the International Monetary Fund crisis brought on us,” were passed out, and the emcee said, “Stop the KORUS FTA that is handing over this country’s economic autonomy to the U.S.,” followed by participants chanting slogans.
