EDITORIAL from the Korea Herald on Nov. 11)

Noise as a crime

We welcome the Supreme Court ruling that defined making excessive noise as an act
of violence.
The 2nd Division of the top court nullified a lower court's acquittal of a
demonstrator who was indicted on charges of obstructing the execution of official
duties with highly amplified noise at a Seoul ward office and returned the case
to the original court.
The incident took place on Sept. 9, 2005 inside the compound of the Yongsan
District Office in southern Seoul where an evicted occupant of a building staged
a solo demonstration for five hours continuously making noise using a loudspeaker
attached to his van.
The man was accused of conducting an illegal demonstration and obstructing
official business with an act of violence. The district court found the defendant
guilty on both charges but the appeals court convicted him of illegal
demonstration only and acquitted him of the other charge.
The appeals court had ruled that the continued noise inside the ward office
compound did not constitute an act of violence, which is a requirement for
establishing obstruction of official duties.
The Supreme Court reversed the appellate court decision and said in its ruling on
Monday that it recognized the exercise of violence in this case because the
defendant had used noise to cause pain.
It is hoped that we will henceforth see a stricter control of demonstrations
accompanied by ear-splitting noise as a result of the Supreme Court verdict.
It has caused great trouble to citizens when demonstrators made endless protest
speeches through loudspeakers at full volume or played militant music at busy
intersections such as Gwanghwamun or in front of government offices. Police
checked the decibel figures to keep the noise low but have not been able to stop
its use as a means of violence.
For too long, people have been denied their right to live peacefully without
being harassed by various kinds of "violence," the definition of which has now
been a little expanded by the highest court.
(END)