🔎 Case Summary

The Supreme Court finalized fines against Yang Kyung-soo, President of the Korean Confederation of Trade Unions (KCTU), and Jeon Jong-deok (then KCTU Secretary-General, now a Progressive Party lawmaker), for leading a large-scale rally in violation of COVID-19 public health restrictions.

The Court rejected all appeals and upheld lower-court rulings that found the temporary ban on assemblies of 10 or more people lawful and constitutionally permissible during the pandemic.


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🧾 Facts

On May 1, 2021, the defendants organized the 131st May Day rally in Yeouido, Seoul.

At the time, the Seoul Metropolitan Government had issued a notice prohibiting assemblies of 10 or more people to curb COVID-19 spread.

Prosecutors charged the defendants with:

Violations of the Assembly and Demonstration Act, and

Violations of the Infectious Disease Control and Prevention Act.




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⚖️ Procedural History

Trial Court:

Held the assembly ban was not excessively restrictive given the public health emergency.

Found no unconstitutional infringement of the essence of freedom of assembly.

Imposed fines: ₩4 million on Yang; ₩2 million on Jeon.


Appellate Court:

Affirmed, emphasizing the legitimate aim (protecting life and health) and effectiveness of limiting large gatherings to prevent transmission.


Supreme Court:

Dismissed all appeals and finalized the fines.




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🧑‍⚖️ Supreme Court’s Key Reasoning

The Seoul notice had sufficient clarity and legal effect.

The restriction pursued a legitimate public interest and used appropriate means during a contagious disease outbreak.

Limiting large assemblies was a reasonable and proportionate measure to prevent transmission.

Accordingly, the measure did not violate the constitutional core of the freedom of assembly.



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📌 Takeaways

Public health emergencies can justify temporary limits on assemblies if measures are clear, time-bound, and proportionate.

Courts will scrutinize whether restrictions preserve the essential content of constitutional freedoms rather than eliminating them.

Challenges based on vagueness or overbreadth will fail where guidance is concrete and aligned with disease-control objectives.

Article: https://www.lawtimes.co.kr/Case-curation/214801