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Court sides with Incheon Queer Festival organizer in suit over city hall plaza use

Published: 14 Feb. 2026, 11:17

Participants march in the 17th Daegu Queer Culture Festival parade near Dongseong-ro in Jung District, Daegu, on Sept. 20. [NEWS1]

A court ruled in favor of the Incheon Queer Culture Festival organizers against the city of Incheon, which had denied the festival organizers a permit to use the plaza in front of City Hall.

“The rejection disposition is hereby revoked, and the litigation costs shall be borne by the defendant," said the court on Friday, siding with the parade organizers seeking to cancel the city's rejection.

The dispute began in September last year when the organizers and the city clashed over the use of the plaza during the festival. An ordinance on the use and management of the plaza stipulates in principle that all notifications of use must be accepted. However, it allows rejection in cases involving profit-making purposes or activities deemed contrary to the public interest.

The organizers submitted papers to use the plaza for the eighth Incheon Queer Culture Festival in 2025. The city rejected the permit, citing difficulties in maintaining public order, prompting the organizers to proceed with the event regardless. The city then imposed a 2 million won ($1,400) compensation fee for unauthorized occupation of state property.

The organizers argued that including grounds for rejection in the ordinance effectively amounted to a "permit" system for assemblies. When the ordinance was first enacted in 2019, the city operated the plaza under a permit system, allowing authorities to approve or deny applications. Civic groups in Incheon, including the festival organizers, filed a constitutional complaint in December that year, arguing that the system infringed on the constitutionally guaranteed freedom of assembly and demonstration.

The Constitutional Court of Korea ruled in September 2023 that the permit system was unconstitutional. “The lawn plaza is located in the city center and is freely open to the public. Considering that it is suitable for large numbers of people to gather and express shared opinions, and that it serves as an administrative hub with City Hall and the City Council buildings nearby, the freedom to choose the lawn plaza as a venue for assembly should, in principle, be guaranteed,” the court said.

Following the ruling, Incheon City amended the ordinance to shift from a permit system to a notification system. However, even after the change, the city rejected the festival organizers’ notification to use the plaza, leading to another legal battle.

“The court has confirmed that the freedom of assembly cannot be restricted by municipal ordinance," said an executive committee member of the organizing committee.

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
BY BYUN MIN-CHUL [[email protected]]