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The permissional range of night outdoor meetings - On the review of the legal reform for the Assembly and Demonstration Act -

  • DONG-A LAW REVIEW
  • 2017, (75), pp.57-86
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : March 8, 2017
  • Accepted : May 24, 2017
  • Published : May 31, 2017

Kim, Choul-Joon 1

1부산외국어대학교 경찰정보보호학부

Accredited

ABSTRACT

Article 21 of the Constitution recognizes the freedom of assembly as a fundamental right under the Constitution by specifying the freedom of assembly and prohibition of a permit system. However, because the freedom of assembly appears in the form of a political and collective expression of opinion premised on the relationship with others, it cannot be recognized infinitely. Thus, the temporal, special, and contextual limitations are being discussed. The Constitutional Court has maintained its constitutional decision regarding Article 10 of the Assembly and Demonstration Act and then decided the constitutional nonconformity in 2008, however, after the decision on restricted constitutionality regarding night protests in 2014, has not been able to prepare an alternative legislation until present. As such, this article seeks to review the validity and improvement measures over the revision bill for the Assembly and Demonstration Act that has been proposed by the 19th National Assembly, and to urge the preparation of a proper revision bill for the Assembly and Demonstration Act including concepts such as maintenance of order and public peace from the perspective of freedom of expression under the Constitution in the near future, since the 20th National Assembly has opened.

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