The Article 21 of the constitution of Republic of Korea regulates that the rally or protest are not an absolute liberty guaranteed unrestrictedly in any circumstances but is a restricted relative liberty that guarantees the fundamental rights of the p...
The Article 21 of the constitution of Republic of Korea regulates that the rally or protest are not an absolute liberty guaranteed unrestrictedly in any circumstances but is a restricted relative liberty that guarantees the fundamental rights of the people for the national security, maintain order and the public welfare, if necessary.
In spite of that, various kinds of interested parties claim that, since rally or protest are absolute liberty and have the right to do them when there is a right object, any violent measures can be justified. They also treat the public power lightly, the so called collective pestering, with continuance of social chaos and violence.
Even though, legitimacy of violent rallies have been vanished since past military dictatorship period, some of the protest parties are keeping on with habitual illegal protest and they have huge responsibility of the loss in society by the action that they have taken. Also, the government is focusing on having regard for demonstrator's countenance, rather than taking stern legal action against them, the authority of public power start to forfeit, and unyielding of manifestant's illegal protest leads to continuance vicious cycle in real.
Following the basic rule is essential for establishment of the legal order. Falling of public power should not be a blamed only to the police, and need to get rid of public order populism, which politically caters to popularity of the public and gives a tacit consent to the violation of the law. When the public power of the nation starts to fall by losing justified authority and prestige, the damage leads to the people.
It is necessary that the government should guarantee the legal rallies and protest, but about an illegal act such as violence should be enforced with the law in principle. First, the police and also the government and the people should make an effort to make an upright social-climate of the country from collective pestering, which the public believes that making clamor of their claim is effective way to inform to the public, and also, make the society admits orthography.
As violent protest and an indiscreet demonstration in downtown infringes on the fundamental rights such as the peoples life and property rights of the body, peaceful and legal rallies should be guaranteed aggressively and illegal violent protest should be dealt with promoting a revision of the Law on Assembly and Demonstration and should take strong actions against malfeasants by dealing with them in strict fairness.
However, an abuse of public power that hurt the human rights will not have the support of the people, and consequently this will only diminish the public power. Therefore, the execution of the power should be constituted based on guaranteed human rights and its extensions.
In the future, by reforming the social environment, repletion of the law and aggressive call to account civilly, public power of the nation should be established and political care for alienated class should be accomplished, which will settle down the legitimate and peaceful rallies or protest culture. Through the settlement, it is very important to make best use of mobilizing police force at illegal violent demonstration fields to prevent crimes, to arrest criminals and to contribute their duty in safety of public welfare.