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Human Rights Violations: Obstruction of One Person Demonstration and Assembly [2007] KRNHRC 24 (28 May 2007)

Citizen "Cho (50-year-old woman)" filed a complaint with the Commission on May 28,
2007, contending that officials of "C" Local Government tore pickets and white traditional
Korean clothes of citizens, who were waging a one person demonstration, four times, and
policemen from "C" Police Stand on the scene did not take any action against the officials.
The complainant said that she and other citizens, who had been forcefully removed from
their houses due to a housing environment improvement project of "C" Local Government,
were waging a demonstration in front of the official residence of the governor of "C" Local
Government to call on "C" Local Government to offer proper compensation to them.
After investigation, the Commission found that the respondents who are officials of "C"
Local Government tore white Korean traditional clothes and pickets of one person
demonstrators using a pencil knife, and snatched and disposed of the pickets on January 9,
10, and 16, 2007, and that the respondents snatched a picket from demonstrators who were
waging a legal demonstration and disposed of it on January 29, 2007. The Commission
ruled that the respondents violated Articles 123 and 366 of the Criminal Law (Misfeasance
and Malicious Mischief), Article 5 of the Assembly and Demonstration Act, Article 21 of
the Constitution, and Articles 19 and 21 of the International Covenant on Civil and
Political Rights (Freedom of Expression and Assembly).
In addition, the Commission concluded that the policemen violated Article 7 of the
Constitution (Public Officials' Obligations to Serve Citizens), duties of police officers
defined in the Law of Performance of Police Duties, government's obligation to protect
citizens and the equality before the law defined in the Constitution, and fundamental rights
of the demonstrators, because they did not take any action to stop or correct the illegal acts
of obstruction of assembly on the scene or afterwards, in accordance with legal procedures.
The Commission recommended "C" Local Government to take a disciplinary action
against the respondents for obstruction of one person demonstration and assembly, and
provide human rights education to officials of "C" Local Government. Also, the
Commission recommended the Chief of the Police Station responsible for "C" region to
give a warning to the policemen for neglect of duties to protect citizens, and to provide
citizen protection education to the policeman.