Bereaved family association, application for access prohibition
“It is not a direct criticism of the disaster” dismissed
The Association for the Families of the Bereaved of the 10.29 Itaewon Massacre applied for a provisional injunction against the New Freedom Coalition for installing a banner criticizing the opposition party at the civil incense burner in Noksapyeong Station, but it was not accepted.
On the 6th, the 21st Civil Settlement Division (Chief Judge Lim Jeong-yeop) of the Seoul Western District Court rejected the request for an injunction to prohibit access filed by the Bereaved Family Council against the New Freedom Solidarity.
The judge said, “The main content (of the banner installed by the New Freedom Solidarity) is to criticize a specific politician or political party, and it cannot be seen as directly criticizing the deceased or bereaved families from the Itaewon disaster.” Depriving the freedom of assembly of the New Freedom Solidarity is rather an excessive restriction of basic rights.” He continued, “It cannot be said that the right to pursue happiness or the right to personality of the creditor (council) is absolutely superior to the freedom of assembly of the debtors.”
Previously, on December 29 last year, the bereaved family council filed an application for provisional injunction to block the access of the New Freedom Solidarity to the incense burner. At the preliminary injunction hearing on the 17th of last month, the bereaved family council said, “According to the right to pursue happiness under Article 10 of the Constitution, the bereaved family has the right to form a peaceful feeling of remembrance for the deceased.” They are violating personal rights by giving the impression that they are biased toward political forces.”
