A/HRC/32/36/Add.5
and also since law enforcement activities of the police are strictly reviewed by the
Judiciary.
8.
Para 38: The KNPA has adhered to the principle of placing experienced police
officers on the frontlines to manage assemblies and demonstrations. In urgent cases, a
temporary disposition of conscripted policemen on the frontlines may be required.
However, even in such cases, police officers substitute for the conscripted and stand on the
frontlines upon their arrival and the conscripted officers are placed at the back so as to
prevent any direct clash between the conscripted officers and the participants.
Investigation and penalization
9.
Paras 39-41: The organizers of an assembly may have collective liability with the
participants committing unlawful activities only in a case of compensation for damages
incurred due to intention or negligence in a civil case. They have the duty to ensure a
peaceful assembly both in terms of its purpose and procedure. Thus, if the organizers
intentionally or negligibly fail to do so, and it is clear that they are in control of the
participants, they are liable for the collective illegal actions.
10.
Mr. Park Lae-goon was convicted of leading an illegal and violent assembly in April
2015 held one year after the Sewol ferry disaster, and he has appealed the decision. SR’s
comment that “the case of Mr. Park Lae-goon exemplifies the intimidation and harassment
that organizers of peaceful protests face” should be revised, since it is in conflict with the
fact that the criminal prosecution of Mr. Park for his own actions and the protests he
organized were not peaceful ones.
11.
Para 42: Only when assembly participants intentionally break away from the protest
paths that they reported in advance and cause major obstruction to traffic, are they charged
with general obstruction of traffic. Such charges are not to discourage assemblies on the
streets. The Supreme Court also does not declare participants of lawful assemblies guilty of
the crime of general obstruction of traffic.
12.
The Government allows the use of public space for assemblies. In order to protect
the rights of other citizens and to maintain public order, the organizers are required to
report the course of the march in advance, and to appoint moderators to ensure the
assembly marches as planned.
13.
Para 43: As stated at the debriefing in January as well as in the supplementary
information provided in April by the Government of the Republic of Korea, the attachment
of name tags on riot gear is under ‘careful consideration’ as this may disclose the police
officers’ personal information and infringe on their privacy.
Freedom of association Associations
14.
Paras 50-51: The Government believes it is necessary to regulate the unlawful
collection and use of donations for the public interest. As part of its efforts, the Government
has amended relevant laws to promote a sound and mature donation culture. Following the
revision in 2006 from a license system to a prior registration system made to lift control
over donations, the Government plans to submit to the National Assembly an amended bill
of the Act on Collections and Use of Donations, which aims at expanding the range of
collections registration.
15.
Para 52: The Prime Minister’s Advisory Committee for Civil Society Development
serves as a consultative body with participation of representatives of civil society. It
discusses the ways to establish a constructive relationship between the Government and
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