Court acquits environmental activists for tent protest against Sejong Weir

A South Korean court has acquitted environmental activists of charges related to a 700-day tent protest against the Sejong Weir, ruling that their actions were protected by constitutional rights to environmental protection and freedom of expression. The verdict came on April 27, with the court stating that the activists' protest was a legitimate act not violating social norms.

The activists, part of the 'Citizens' Action for the Removal of Weirs in the Geum, Nakdong, and Yeongsan Rivers,' had set up a tent on the banks of the Geum River to prevent the Sejong Weir from restarting its operations. Prosecutors had charged the group's situation room chief with violating the River Act for occupying land within the river zone without permission and failing to comply with the city's order for restoration.

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The environmental rights and freedom of expression are rights guaranteed by the Constitution, so they are not guilty.

Presiding Judge Choi Yu-bin stated that the protest's purpose was to express and disseminate environmental concerns regarding the Sejong Weir's restart to relevant authorities and the public. The court recognized the legitimacy of the activists' motives and objectives, emphasizing that the protest was not for personal economic gain but for a public interest purpose. The judge also pointed to the balance of interests, considering the constitutional guarantees of environmental and expression rights.

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The tent in this case is not very large, about 6 meters wide and 3 meters long, and it appears to have little possibility of obstructing the passage or use by others as it is installed next to a bridge pier.

The court further noted the protest's modest scale, with the tent measuring approximately 6 meters by 3 meters, and its location next to a bridge pier, minimizing obstruction to public passage. The judge concluded that the act of setting up the tent fell within a reasonable range acceptable by social norms to achieve the purpose of expressing and disseminating opinions.

Additionally, the court addressed the city of Sejong's order for restoration, highlighting that the authority to manage national rivers lies with the Minister of Climate, Energy, and Environment, not local government heads. As there was no evidence of any order issued by the river management authority, the court found the charges unfounded. The judge also acknowledged the urgency and supplementary nature of the activists' actions, given the lack of communication from relevant agencies despite requests for dialogue.

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The act of installing this tent by the defendant appears to be within a reasonable range that can be tolerated by social norms to achieve the purpose of expressing and disseminating opinions, considering the place, method, content, and results.