Limiting the ability to pass of the handicapped man near Blue House by police, was a violation the right to pass and abuse of power (10/23/2002)
The handicapped man and the policemen involved, both accepted a recommendation to compromise, put forth by the NHRC.
The National Human Rights Commission of Korea (President, Kim, Chang-Kuk) recommended the compromise between Choi, Chang-Hyun (president, Balgun Naeil Hoi) and police Lieutenant Kim and Sergeant Park, who belong to the Garrison in Seoul Metropolitan Police Agency.
Lieut. Kim and Sgt. Park obstructed the passage of the complainant, Choi, who suffers from cerebral palsy, on the street near Blue House April 10 2002. This recommendation of compromise consists of the following: "The Commander should make an apology for violating the right to pass, and should recognize that that was an abuse of power.
Choi also expressed his decision not to file civil or criminal suits from in the future. The recommendation of compromise stems from Article 40 of the National Human Rights Commission Act and Article 26 of the Investigation and Measure Rules.
Choi, held a one-man demonstration for allowing investigation of facilities for the handicapped in Blue House. When he tried to move to Kwang Hwa Moon Subway Station with his patron, however, the policemen obstructed them.
Choi"s movements were blocked by the police for security from 7:15 PM to 1:10 AM April 10 and he filed a complaint to NHRC April 11.
According to the policemen, they judged that his one-man demonstration was a threat to security. Choi also said that he moved towardthe Kyung Bok Goong Station at first, but he headed for Kwang Hwa Moon Station via the area of Blue House, which was considered as being harmful to security.
However, his patron said that their final destination originally was Kwang Hwa Moon Station, which has lifts for the disabled, according to the result of the investigation by NHRC.
The NHRC also examined whether his one-man demonstration was harmful to security near Blue House or not, but determined that a one-man demonstration should be protected by the Law on Assembly and Demonstration.
And the NHRC made the conclusion that his action was not against law because he demonstrated peacefully out of the guard area near Blue House, and does not pose a threat due to his severe cerebral palsy.
The NHRC considered the actions of the policemen dealingwith the aftermath of the incident and finally recommended the compromise. The policemen then gave Choi and his patron transportation and arranged and paid for their lodgings.
