The National Human Rights Commission of Korea concluded that it is a violation of freedom of expression guaranteed under article 21 of the Constitution that the police blocked press conference of members of a political party taking place in front of the Constitutional Court.
Accordingly, the Commission recommended to head of the police station concerned to provide education to police officers to prevent recurrence of violation.
The Commission concluded that as it was difficult to distinguish the press conference from illegal demonstration, it was reasonable that the police officers were placed behind the participant to prevent illegal demonstration in front of or entry into the Constitutional Court where the demonstration is prohibited under the law. However, placing police officers in front of participants from the beginning of the press conference was excessive measure given the scope and situation of the press conference.
At the press conference, the participants read the script that they have prepared and there were not picketing or slogan chanting. Thus, the police could have observe the press conference and restrained the press conference when it turned into illegal demonstration or association.
