The Supreme Court has issued a final ruling that the process by which Park Kyung-seok, head of the National Solidarity for the Elimination of Discrimination against Persons with Disabilities (Jeon Jang Yeon), and others were arrested by police after blocking a city bus in Seoul and disrupting operations was unlawful. Park and others will receive 10 million won in compensation from the state.
The Supreme Court's 3rd Division (Presiding Justice Oh Seok-jun) said on the 19th that it finalized, by dismissing without a hearing on the 15th, the appellate ruling partially upholding the plaintiffs in a damages lawsuit filed by Park and activity assistant A against the state. Accordingly, the state must pay 7 million won to Park and 3 million won to A.
Dismissal without a hearing is a system in which, for appeals in civil, family, and administrative cases excluding criminal cases, the Supreme Court dismisses the appeal without a hearing if there is no legal error in the second-instance judgment.
On July 14, 2023, Park was arrested on the spot on charges of blocking a city bus at a bus stop in Yeouido-dong, Yeongdeungpo District, Seoul, and disrupting operations during a protest, and was released a day later. A was also taken in and questioned.
Afterward, Park argued that the requirements for an on-the-spot arrest were not met. He also filed a lawsuit, saying that authorities failed to provide accommodations stipulated by the Act on the Prohibition of Discrimination against Persons with Disabilities, such as a dedicated transport vehicle for persons with disabilities, and that he was unlawfully detained after the questioning was finished.
The court of first instance found that Park's arrest was unlawful because it did not meet the requirements for an on-the-spot arrest, namely the obviousness of the crime and the necessity of arrest. It also found that police committed illegal acts during transport to the station and detention.
It said Park and others were on the road for less than one minute before the arrest, and although the gathering was unreported, it could not be concluded that it warranted a dispersal order under the Assembly and Demonstration Act. It found that the Act on the Prohibition of Discrimination against Persons with Disabilities and other laws were violated in the process of placing Park in a van and transporting him to the police station.
Police arrested Park at the time, questioned him, and detained him for about 30 hours before releasing him. Under the Criminal Procedure Act, if a detention warrant is not requested within 48 hours after arrest, the person must be released immediately.
The state appealed, but the appellate court dismissed the appeal.