A suspended sentence for a fine has been finalized for former lawmaker Min Kyung-wook, who took part in a Liberation Day rally at Gwanghwamun in Seoul during a period when rallies were banned due to the spread of COVID-19.
The Supreme Court's Second Division (presiding Justice Kwon Young-jun) said on Feb. 5 that on Dec. 24 last year it finalized a lower court ruling that sentenced Min, who was indicted on charges of violating the Infectious Disease Control and Prevention Act, to a fine of 500,000 won with a one-year suspended sentence.
Min, together with the April 15 Fraudulent Election National Struggle Headquarters, held a large-scale rally on Aug. 15, 2020, in the Jongno and Euljiro 1(il)-ga Station areas, which were not permitted rally zones, defying the Seoul Metropolitan Government's ban on assemblies.
The court did not accept Min's argument that Seoul's public notice banning assemblies was unconstitutional or illegal. Meanwhile, prosecutors also indicted Min on charges of violating the Act on Assemblies and Demonstrations. However, the first-instance court found it difficult to recognize Min as the organizer of the rally and ruled not guilty on that charge.
The appellate court found no error in that judgment. The Supreme Court also dismissed the appeal, saying the lower court did not misunderstand the law.