Court Rules Ban on Rally Demanding Removal of Comfort Woman Statue in Front of School Is Justified

Concerns Over Infringement of Students' Right to Learn
Consideration Given to the Rights of Comfort Woman Victims

The court has ruled that the police's decision to ban a rally calling for the removal of the Comfort Woman Statue in front of a school was justified.

On May 6th, a police officer was removing the barricades surrounding the Statue of Peace in front of the former Japanese Embassy in Jongno-gu, Seoul. Photo by Yonhap News Agency

On July 9, the 12th Administrative Division of the Seoul Administrative Court, presided over by Chief Judge Kang Jaewon, ruled in favor of the defendant in a lawsuit filed by Kim Byunghun, head of the National Action for the Abolition of the Comfort Woman Law, who had sought to overturn the police's notice banning an outdoor rally and demonstration.

Kim had reported plans to hold a rally titled "Stop the Comfort Woman Fraud and Demand the Removal of the Comfort Woman Statue" in front of a high school in Seoul on January 1. However, when the police issued a ban in accordance with the Assembly and Demonstration Act, Kim filed a lawsuit challenging the decision.

The court first pointed out that students' right to learn could be infringed even if the scheduled rally date falls on a public holiday. The court emphasized, "Unless the school is closed, the school continues to function as an educational institution even during holidays or vacations, and the surrounding educational environment must equally be protected."

The court further ruled that the National Action for the Abolition of the Comfort Woman Law's expressions at the rally, which described victims of the Japanese military’s comfort women system as "prostitutes" and distorted historical facts, did not merit significant protection under the pretext of "freedom of expression." The court stated, "Using biased and distorted expressions in the vicinity of a school, which serves as a space for students' right to learn, constitutes an infringement on that right. Expressions such as 'prostitutes' are not merely exaggerated or partially inaccurate comments made in the course of free debate, but rather cross the line permitted in a democratic society by violating the rights of others."

Meanwhile, Kim was arrested and indicted in April 2024 on charges of spreading false information, after posting 69 messages and videos on Facebook and other platforms from January 2024 to the previous January, referring to the victims of comfort women as "fake comfort women victims," among other terms.

This content was produced with the assistance of AI translation services.