Police Response to Assemblies and Demonstrations: President Yoon’s Order for “Strict Law Enforcement”

☞Subscribe to the Hankyoreh Newsletter H:730. Type ‘Hankyoreh 730’ in the search bar. President Yoon Seok-yeol ordered the police to take a ‘strict response’, saying that the government gave up law enforcement in the past and that illegal protests were widespread, but police officers pointed out that unlike the past, the culture of non-violent assembly and demonstration was already established, and that the president’s order was not in line with reality. did. There are also concerns that if the police actively engage in hard suppression in line with the president’s order for ‘strict law enforcement’, it could cause a safety accident. At a cabinet meeting held in the Presidential Office in Yongsan, Seoul on the morning of the 23rd, President Yoon said, “It violates the freedom and basic rights of the people and disrupts public order.” “The state will protect law enforcement officials who have faithfully fulfilled their duties from suffering from criminals or being disadvantaged in terms of status,” he said. The purpose is to take a hard line against the assembly, as the police will take care of it if they are involved in a lawsuit due to a physical clash. Police officers on the front line are responding that President Yoon’s remarks that day are at odds with reality. The culture of non-violent assembly and demonstration is almost settled, but this is because it encourages excessive suppression that could lead to safety accidents. A security manager at the frontline police station in Seoul said, “There are no violent rallies like in the past. It is illegal to say that it is about deviating from the route while marching on the road or exceeding the noise standard,” he said. (Forcibly dispersing in this situation) Arrests will cause a lot of conflict and become dangerous. What does it mean if someone is injured after provoking arrest?” A police officer from the Seoul Metropolitan Police Agency’s mobile headquarters with extensive security experience also pointed out, “After the Itaewon disaster, ‘density’ management has become important.

President Yoon Seok-yeol speaks at a cabinet meeting held at the Presidential Office Building in Yongsan, Seoul on the 23rd. yunhap news

Since President Yoon pointed out the construction union’s occupation of roads and asked for ‘strict law enforcement’, there is a possibility that the police will actively interpret this and force disbandment. However, front-line police officers point out that it is physically and legally difficult to carry out forced dispersal. An official from the Seoul Metropolitan Police Agency said, “The direct dispersal of protesters by the police is a ‘last resort’. Even if it is an illegal assembly that has been banned, if it is a non-violent assembly, if the police directly disperse it, there is a high possibility of losing in court.” A security manager at a frontline police station in Seoul also explained, “For this reason, during illegal gatherings (rather than forced dispersal), we take the method of collecting evidence and requesting an attendance investigation later.” In fact, in 2021, the Supreme Court said, “Assemblies and demonstrations can only be ordered to disband when a direct risk to the legal interests of others or public safety and order is clearly brought about. Punishment can only be imposed if the dissolution order meets these requirements.” In the ruling, the Supreme Court also stated that “immediate compulsion in police administration is, by its very nature, exceptionally permissible within the limit unavoidable to achieve administrative purposes.” Forced dissolution means that it should only be used exceptionally when it is unavoidable. There are many observations on the front line that the only thing the police can do additionally is to strengthen the response to noise standards. A chief of intelligence at the police station in Seoul said, “We didn’t take away the speaker because we were concerned about a collision even if the noise standards were violated, but since the president ordered a hard-line suppression, it seems that we will do that.” According to the Assembly and Demonstration Act (Assembly and Demonstration Act), if the noise standards are violated during assemblies and demonstrations, the police can temporarily store loudspeakers, etc. Reporter Park Ji-young [email protected] Reporter Yun Yeon-jeong [email protected] Reporter Go Byung-chan [email protected]