Constitutional Court lifts a ban on nighttime rallies

Rallies between sunset and midnight, which had been banned by law, have become possible. The Constitutional Court ruled that two clauses of the Assembly and Demonstration Act are against the Constitution. Article 10 of the Act defines that no one shall participate in a rally before sunrise or after sunset, and Article 23 says that those who participated in a rally in violation of Article 10 shall be punished. The Constitutional Court ruled that the clauses are unconstitutional in the context in a six-to-three decision.

The Constitutional Court said the National Assembly should decide on whether to continue to ban rallies between midnight and sunrise. Given that few rallies are held past midnight, it can be seen that nighttime rallies are practically allowed. Some are concerned that people can be disadvantaged without a measure on nighttime noises or traffic congestion in downtown areas due to nighttime protests.

The court added, “Most office workers and students work and study from 8 or 9 a.m. to 5 or 6 p.m. They would be virtually deprived of their freedom of assembly as they are not able to participate in assemblies on weekdays of winter season when daytime is relatively short.”

The court, however, made it clear that the clauses banning nighttime assemblies are to maintain the order of society and protect people’s residential life and privacy. It must have made the decision given that a ban on nighttime rallies is necessary but an extensive limitation is unconstitutional.