The Constitutional Court decided to dismiss a constitutional complaint filed by the government claiming that their fundamental rights were violated by neglecting the memorial event held by the families of the Itaewon토토사이트 disaster victims held near Seoul Plaza earlier this year.
Dismissal refers to a decision to terminate a lawsuit without determining whether the claim is right or wrong because the lawsuit is illegal, such as because it does not meet the requirements.
The Constitutional Court announced last June that it had decided to dismiss the case filed by Mr. A to confirm the violation of fundamental rights as unconstitutional.
The Constitutional Court said, “A constitutional appeal adjudication can be requested by ‘a person whose fundamental rights have been violated due to the exercise or non-exercise of public power,’ which means a case where his or her fundamental rights have been currently and directly violated due to the exercise or non-exercise of public power.” He explained.
He then explained, “A third party who merely has an indirect, factual, or economic interest in the operation of public power does not fall under the category of (a person whose fundamental rights have been violated).”
At the same time, the claim was dismissed, saying, “Mr. A’s claim is nothing more than an allegation of indirect and factual disadvantage due to the non-exercise of public power, so the self-relevance of violation of fundamental rights is not recognized.”
Previously, the families of the victims of the Itaewon disaster set up a joint incense burner at Seoul Plaza next to Seoul City Hall and held a memorial event early this year.
Mr. A filed a constitutional petition with the Constitutional Court in June, saying, “It is unfair that when passing near Seoul Plaza, you have no choice but to see the portrait of the portrait even if you do not want to.”
He claimed, “The right to live in a pleasant environment was violated due to the government’s omission (failure to do its duty) in not stopping the memorial event for the families