@article{ART001235546},
author={Lee Hie Houn},
title={A Study on The Problems of a Prior Interception Management of The Police when an Assembly Is Held and The Plan of Their Improvement- Focused on The Provision of Prohibit The Assembly Absolutely, Prohibition Notice System and Demurrer System The de Facto Law on Assembly and Demonstration -},
journal={Public Land Law Review},
issn={1226-251X},
year={2008},
volume={39},
pages={479-498}
TY - JOUR
AU - Lee Hie Houn
TI - A Study on The Problems of a Prior Interception Management of The Police when an Assembly Is Held and The Plan of Their Improvement- Focused on The Provision of Prohibit The Assembly Absolutely, Prohibition Notice System and Demurrer System The de Facto Law on Assembly and Demonstration -
JO - Public Land Law Review
PY - 2008
VL - 39
IS - null
PB - Korean Public Land Law Association
SP - 479
EP - 498
SN - 1226-251X
AB - The Notice which the Law on Assembly and Demonstration(hereafter "L.A.D.") provides has the Notice to be got the acceptance, so the Head of the police station
should make an examination for the form of the condition of the notice. So the Head should determine the prohibition notice for the assembly as the discretionary act which has Zero option, actually like the tied administrative action. In this point of view, in order to stop the transforming of the pre-notice rule of the de facto L.A.D. into the license system which has been prohibited by article 21, clause 2 of the Constitutional Law, before giving the prohibition notice, the competent Head Officer should give the limitation notice to the parties, which can replace the time or the place or the way or the means, machines of the another ones in order to keep the liberty of the participants even if the assembly satisfy the conditions of the prohibition notice rule of L.A.D. In this way, the head can avoid breaking the principle of balance. And article 5, clause 1 and number 2 of the L.A.D. which says that the police can prohibit the assembly absolutely should be revised in order to make the condition obvious for controlling the abuse of police power. Also, the demurrer system to the prohibition notice which the L.A.D. article 9, clause 1 provides should be substantially taken by the present advisory committee for the assembly and demonstration as the decision agent so as to make the fair decision for the demurrer of the host of the assembly.
KW - 집회 및 시위에 관한 법률(Law on assembly and demonstration);절대적 집회 금지규정(Provision of prohibit the assembly absolutely);금지통고제도(Prohibition notice system);이의신청제도(Demurrer system);허가(Permission);등록(Registration);비례의 원칙(Principle of balance)
DO -
UR -
ER -
Lee Hie Houn. (2008). A Study on The Problems of a Prior Interception Management of The Police when an Assembly Is Held and The Plan of Their Improvement- Focused on The Provision of Prohibit The Assembly Absolutely, Prohibition Notice System and Demurrer System The de Facto Law on Assembly and Demonstration -. Public Land Law Review, 39, 479-498.
Lee Hie Houn. 2008, "A Study on The Problems of a Prior Interception Management of The Police when an Assembly Is Held and The Plan of Their Improvement- Focused on The Provision of Prohibit The Assembly Absolutely, Prohibition Notice System and Demurrer System The de Facto Law on Assembly and Demonstration -", Public Land Law Review, vol.39, pp.479-498.
Lee Hie Houn "A Study on The Problems of a Prior Interception Management of The Police when an Assembly Is Held and The Plan of Their Improvement- Focused on The Provision of Prohibit The Assembly Absolutely, Prohibition Notice System and Demurrer System The de Facto Law on Assembly and Demonstration -" Public Land Law Review 39 pp.479-498 (2008) : 479.
Lee Hie Houn. A Study on The Problems of a Prior Interception Management of The Police when an Assembly Is Held and The Plan of Their Improvement- Focused on The Provision of Prohibit The Assembly Absolutely, Prohibition Notice System and Demurrer System The de Facto Law on Assembly and Demonstration -. 2008; 39 479-498.
Lee Hie Houn. "A Study on The Problems of a Prior Interception Management of The Police when an Assembly Is Held and The Plan of Their Improvement- Focused on The Provision of Prohibit The Assembly Absolutely, Prohibition Notice System and Demurrer System The de Facto Law on Assembly and Demonstration -" Public Land Law Review 39(2008) : 479-498.
Lee Hie Houn. A Study on The Problems of a Prior Interception Management of The Police when an Assembly Is Held and The Plan of Their Improvement- Focused on The Provision of Prohibit The Assembly Absolutely, Prohibition Notice System and Demurrer System The de Facto Law on Assembly and Demonstration -. Public Land Law Review, 39, 479-498.
Lee Hie Houn. A Study on The Problems of a Prior Interception Management of The Police when an Assembly Is Held and The Plan of Their Improvement- Focused on The Provision of Prohibit The Assembly Absolutely, Prohibition Notice System and Demurrer System The de Facto Law on Assembly and Demonstration -. Public Land Law Review. 2008; 39 479-498.
Lee Hie Houn. A Study on The Problems of a Prior Interception Management of The Police when an Assembly Is Held and The Plan of Their Improvement- Focused on The Provision of Prohibit The Assembly Absolutely, Prohibition Notice System and Demurrer System The de Facto Law on Assembly and Demonstration -. 2008; 39 479-498.
Lee Hie Houn. "A Study on The Problems of a Prior Interception Management of The Police when an Assembly Is Held and The Plan of Their Improvement- Focused on The Provision of Prohibit The Assembly Absolutely, Prohibition Notice System and Demurrer System The de Facto Law on Assembly and Demonstration -" Public Land Law Review 39(2008) : 479-498.
