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When the police announced a policy to revoke the license of vehicles involved in the Gaicheon Day vehicle assembly, they noted that the chief judge in office should consider the legal basis for revoking the license.
Busan District Court Judge Kim Tae-gyu wrote on Facebook on the 26th that “I’m curious on the basis of the license cancellation.” He said: “There is no direct regulation that indicates that the demonstration of the vehicle is the reason for the cancellation in article 93 of the Road Traffic Law. At the same time, he wrote that he should consider the following points. 1) First, if such an act is included in the scope of an assembly or demonstration, 2) How it becomes illegal in that case, 3) When individual complaints in article 93 of the Road Traffic Law are grounds for revocation the license, and 4) the provision for cancellation of the license. Is it possible to violate the principles of administrative law such as the principle of minimal infringement (the principle that infringement of the rights of citizens should be minimized)? It’s as if it is at the level of convincing when it is done.
Police Commissioner Kim Chang-ryong said on the 25th that the conservative group’s policy of enforcing the opening ceremony of the ceremony “will respond with full force.” In particular, regarding the type of ‘driving’ assembly that uses vehicles, he said, “protesters of illegal vehicles will proceed with prosecution, such as arrest and fines for current offenders, as well as suspend and cancel their driver’s license. and tow the vehicle immediately. “
Article 93 of the Road Traffic Law stipulates 20 reasons such as drunk driving, reckless driving and hit and run as grounds for cancellation or suspension of the driver’s license. “Vehicles participating in demonstrations” are not included in any of these provisions. However, he maintains that if the National Police Agency wants to “ cancel, ” the above matters must be carefully considered so that people’s rights are not violated.
Deputy Judge Kim said the motive was “(the policy of canceling the license to participate in the rally) is content that severely restricts basic mortal rights such as freedom of the people’s body, freedom of movement, freedom of assembly and manifestation “. He said: “When the public welfare dares to violate the basic rights of the people, we must show such a prudent and sincere appearance,” he said. “That is the duty of public officials and the correct attitude.”
Deputy Judge Kim said: “If you skip all these procedures and say that you are going to revoke your license if you just drive for staff, it can be misconstrued as a threat to people. He said: “I don’t know all the laws, so I would like to hear the provisions of the Police Commissioner.”
At the end of the article, he said: “I am concerned about a profound violation of the basic rights of the people, but there is no position in the assembly.”
This article was deleted on the morning of the 27th. Before the deletion, about 70 comments were posted on this article to agree with Judge Kim’s argument.
