Public Transport Union Chairperson Fined for Violating Covid-19 Prevention Regulations During Demonstration
The chairperson of the Public Transport Union has been fined 2 million KRW by the Supreme Court for holding a rally against unfair dismissals, violating COVID-19 safety measures.
Hyun Jeong-hee, the chairperson of the Public Transport Union, faced legal action after organizing a rally in front of the Kumho Asiana headquarters in Jongno, Seoul, during the COVID-19 pandemic. The rally, which called for the reinstatement of unfairly dismissed workers from Asiana Airlines' subcontractor, involved approximately 40 participants, violating the government's restrictions that prohibited gatherings of more than ten people amid the ongoing pandemic. On January 15, the Supreme Court upheld a lower court's fine of 2 million KRW for her actions, confirming that such regulations were put in place to protect public health and safety during a health crisis.
The court's decision underscored the importance of public health measures over the rights to assembly and free expression during a pandemic. The first instance court argued that the government's restrictions aimed to prevent the spread of infectious diseases, which are vital for protecting citizens' lives and health. It noted that limiting gatherings is an effective means to achieve this objective, and therefore, any violation of these regulations is deemed a crime under public health laws. Both the initial and appellate courts emphasized that the public interest in preventing the spread of COVID-19 outweighs individual rights in this context.
Hyun's case illustrates the balancing act between individual rights and public safety during a health crisis, highlighting the implications for union activism and the right to protest in essential sectors. The Supreme Court's dismissal of her appeal signifies a strong judicial stance on adherence to COVID-19 regulations, potentially discouraging similar demonstrations in the future. This ruling raises concerns for labor movements and their ability to advocate for rights and protections while navigating stringent health regulations.