Court upholds ban on rallies in front of ex-president's home in Yangsan

Protesters accuse former president Moon Jae-in of "helping enemies" at Pyeongsan Village in Yangsan, South Gyeongsang Province, May 20. They hold posters that read "Arrest Moon Jae-in" and "Arrest the Enemy Supporter." Newsis

Ruling cites inconvenience to local residents

By Ko Dong-hwan

A court has dismissed a request by protesters to repeal a recent police ban on their rallies at a village in the city of Yangsan where former President Moon Jae-in lives. Ulsan District Court said the rallies, if allowed to continue, will likely cause inconveniences to local residents.

The district court on Tuesday dismissed an injunction filed by far-right conservative protesters against Moon demanding that a decision by Yangsan police to ban their demonstrations at Pyeongsan Village in the city be scrapped. Since May of this year, the protesters have been making loud noises in front of the former president's home, accusing him of mishandling state affairs. On pickup trucks equipped with large speakers or using megaphones, they have played songs or blared accusations against Moon, sometimes using coarse language. The rallies went on day after day.

The court pointed out that the protesters had already violated repeated orders from police to tone down their activities. After issuing three warnings, police resorted to limiting the time the protesters can use their megaphones and speakers during their rallies. Police also banned the protesters from shouting out foul language.

The court judged that the protesters violated the country's 65-decibel noise cap for a legally allowed rally.

The court said some residents, after suffering from insomnia and extreme stress because of the noise, had to receive psychological therapy.

"It's hard to see that they wouldn't be able to accomplish their goal unless they demonstrate at this specific location," said the court.

The protesters aroused the concerns of police and politicians. Not just Yangsan police, but the national police also faced a dilemma trying to figure out how to legally stop the protesters from making noise while respecting their legal rights to protest. The police warned the protesters that illegal activities will not be tolerated, while the protesters kept arguing that it is their constitutional right to hold demonstrations.

The protesters came as Moon moved to Pyeongsan when President Yoon Suk-yeol was inaugurated on May 10. Moon said he "wants to be forgotten by the public" as he moved to the southeastern province. But thanks to the protesters, not only Moon but the small rural village also became the subject of unwanted spotlight, triggering debate over whether the protesters should be stopped or allowed.

Gyeonggi Provincial Governor Kim Dong-yeon, right, visited Moon Jae-in in Yangsan on June 14. Courtesy of Gyeonggi Provincial Governor's transition committee

Politicians who visited Moon's new home witnessed the scene and said the verbal abuse by the protesters and disregard towards Pyeongsan's local community were intolerable. Prime Minister Han Duck-soo and Rep. Lee Jae-myung of the main opposition Democratic Party of Korea (DPK), among other politicians, publicly criticized the protesters and urged the Yoon administration to settle the unruly situation. Moon himself filed a suit against three of the protesters for their disruptive activities. Three DPK lawmakers visited the National Police Agency in June to urge them to deal with the protesters. The agency's Vice Commissioner General Yoon Hee-geun, who met the lawmakers, said the police will take legally-authorized measures.

"This is not a protest," said Moon's daughter on Twitter in May. "They discharge only hatred and extreme language. My parents patiently remained silent before their noise. They shouldn't tolerate this any longer."

Yoon, meanwhile, told reporters in June that the protesters' legal rights should be respected as well.

"The current laws allow people to protest even in front of the presidential office," Yoon said. "Won't it (rallies in Pyeongsan) be legally resolved after all?"

Yoon's aloof stance provoked Moon's supporters to stage a counter-rally against the Pyeongsan protesters. Voice of Seoul, a progressive online news outlet, launched on June 14 a rally in front of Yoon's luxury condo in the tony Seocho District of southern Seoul. Their objective was to keep holding their noisy rally until the protesters in Pyeongsan stop their demonstrations.

Residents of the condo in the affluent Seoul neighborhood could not endure the rallies that were held in front of their homes. The residents filed complaints to Seocho police against the protesters, saying their babies could sleep and their children were unable to study due to the noise. On June 23, the police banned the protesters from using speakers starting at 6 p.m. The protesters responded by using megaphones instead.

The protesters' volley of accusations and litigations have prompted lawmakers to propose multiple revisions to the country's Assembly and Demonstration Act. Lawmakers from the DPK and the ruling People Power Party argued through their revision proposals that the presidential office and residences of former presidents must be included in a list of locations banning protests.

Past revision bills to the act were geared more towards guaranteeing people's rights to assemble and protest to safeguard the country's democratic values, according to a police official.

"But based on the ongoing fiasco, the laws should be redressed from the very fundamental point of view, which must simultaneously reserve the right to assemble and demonstrate as well as maintain order."