@article{ART001057581},
author={Lee Hie Houn},
title={A Study on The Use and Restriction of a Place when an Assembly Is Held - Focused on the Public Property -},
journal={Public Land Law Review},
issn={1226-251X},
year={2006},
volume={34},
pages={211-228}
TY - JOUR
AU - Lee Hie Houn
TI - A Study on The Use and Restriction of a Place when an Assembly Is Held - Focused on the Public Property -
JO - Public Land Law Review
PY - 2006
VL - 34
IS - null
PB - Korean Public Land Law Association
SP - 211
EP - 228
SN - 1226-251X
AB - Since the freedom of assembly is exercised when a group of people gather together at a place to show their opposition to something or their support for something, it necessarily has need of a place where people come together in a group. On the other hand, for the public weal and the public order, it also has to be restricted to some degree by the law on assembly and demonstration and so on. From this respect, the use and restriction of a place need some careful consideration in case an assembly is held at a public property. The police chief of a police region can prohibit an assembly held at a major road of a major city defined by the Presidential decree under Article 12 of the law on assembly and demonstration, because the assembly naturally brings traffic congestion. It would be more reasonable, however, to permit an assembly by making people change the time of an assembly or use only a half of a one-way lane. And according to the Article 40, Clause 1 of Law on Road besides a prior notice of the de facto Law on Assembly and Demonstration, as for the use of the place where an assembly is to be held, he or she does not need to get permission for occupancy from Road Management Agency in case that an assembly need to install some objects on the road. However, if an assembly is to be held installing a structure in the plaza of the Seoul Metropolis and the city's Park, it is required to get the permission for occupancy of the mayor of the Seoul Metropolis and the mayor and so on of managing the relevant city's park, unless Article 5, Clause1, Number 2 of Law on Assembly and Demonstration is applied. Meanwhile, in this case the effect of permission for occupancy shall be applied to whether an object is installed or not. And when an assembly is held at a place where cultural property is located or near to the property and may cause excessive noise, the assembly is required to get a permission from Cultural Heritage Administration head to protect cultural treasure from possible damage according to the Article 20, Number 4 of the Cultural Properties Protection Law and the Article 15 of enforcement ordinance of the Cultural Properties Protection. And Article 11, number 1,2,3,4 of the law on assembly and demonstration ought not to prohibit every assembly around unless a participant in the assembly interrupt function and role or activity of each a state organ in principle.
KW - Freedom of assembly;Law on assembly and demonstration;Public property;Public forum theory;Übermaßverbot
DO -
UR -
ER -
Lee Hie Houn. (2006). A Study on The Use and Restriction of a Place when an Assembly Is Held - Focused on the Public Property -. Public Land Law Review, 34, 211-228.
Lee Hie Houn. 2006, "A Study on The Use and Restriction of a Place when an Assembly Is Held - Focused on the Public Property -", Public Land Law Review, vol.34, pp.211-228.
Lee Hie Houn "A Study on The Use and Restriction of a Place when an Assembly Is Held - Focused on the Public Property -" Public Land Law Review 34 pp.211-228 (2006) : 211.
Lee Hie Houn. A Study on The Use and Restriction of a Place when an Assembly Is Held - Focused on the Public Property -. 2006; 34 211-228.
Lee Hie Houn. "A Study on The Use and Restriction of a Place when an Assembly Is Held - Focused on the Public Property -" Public Land Law Review 34(2006) : 211-228.
Lee Hie Houn. A Study on The Use and Restriction of a Place when an Assembly Is Held - Focused on the Public Property -. Public Land Law Review, 34, 211-228.
Lee Hie Houn. A Study on The Use and Restriction of a Place when an Assembly Is Held - Focused on the Public Property -. Public Land Law Review. 2006; 34 211-228.
Lee Hie Houn. A Study on The Use and Restriction of a Place when an Assembly Is Held - Focused on the Public Property -. 2006; 34 211-228.
Lee Hie Houn. "A Study on The Use and Restriction of a Place when an Assembly Is Held - Focused on the Public Property -" Public Land Law Review 34(2006) : 211-228.
