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@article{ART001603461},
author={김창휘},
title={A Study on the problem of the evidence photographing in the assembly and demonstration},
journal={Public Land Law Review},
issn={1226-251X},
year={2011},
volume={55},
pages={291-318}

TY - JOUR
AU - 김창휘
TI - A Study on the problem of the evidence photographing in the assembly and demonstration
JO - Public Land Law Review
PY - 2011
VL - 55
IS - null
PB - Korean Public Land Law Association
SP - 291
EP - 318
SN - 1226-251X
AB - The freedom of assembly and demonstration holds a special meaning in the modern history of our country. Considering that fact that our democracy was established and developed from authoritative political military-power government through the freedom of assembly and demonstration, only adds to its importance. However, much has changed since then and, according to the constitution (37-2), the freedom of assembly is limited for public safety measures, maintenance of order, and public welfare. Yet, considering the facts that the freedom of assembly paved the way for democracy and plays a huge role in development of democracy, It is without a doubt that the freedom of assembly should be thoroughly guaranteed by the government prior to any other fundamental human rights. Despite the political value of the freedom of assembly and demonstration, we have witnessed its negative impact in reality, that is, the illegal and violent forms of assembly and demonstration. It had a great negative impact on the basic human rights, safety guarantee of the nation, and social order. This report will examine the necessity of the evidence photographing and/or filming of the assembly and demonstration actions including the illegality and violence, and the necessity of basic legislative regulations, while guaranteeing the freedom of assembly and demonstration. It deals with both the importance of the freedom of assembly and demonstration in a democratic government and the protection of the fundamental human rights in evidence photographing. Above all else, the report emphasizes the vulnerability of the fundamental human rights in indiscriminate evidence photographing. The reason behind the necessity of evidence photographing in a assembly and demonstration is that it is indispensable to the police administration in preventing danger and maintaining public order. The task regulation (the office regulation) and authority regulation (the authorized regulation) must be classified and regulated. However, no authorized regulation for the evidence photographing in an assembly and demonstration can be found in the law and regulations relating to the assembly and demonstration. Therefore, the basic requirements of legal basis for the evidence photographing without substantive enactment must be considered. The principle of evidence photographing should limit the subject of evidence photographing to illegal and violent demonstrations and in a case of a real risk, it should be restricted as possible, observing the principle of the proportion. In addition, photo/film evidence should be discarded immediately except for the ones used for the danger prevention and criminal prosecution. Also, although the photo should not be of a certain individual, it would be proper to have a legal basis about it because it may cause the problem of revealing of identity. All photographing and filming should be public because secret photographing and filming is restricted for the rights of the irrelevant 3rd person and the right to decide for the self information of the person concerned. Along with the legal reasons for photography and filming, photography and filming method, management and termination of photography and film evidence, these contents should be the basis for the regulations. The evidence photographing and filming is certainly being used extensively in the present era and it will be used in various areas by the police administration in the future along with the development of photography devices and technology. This will bring about new discussions. I am expecting no more exhaustive arguments over this topic and a legislative solution for the prevention of overstraining evidence photographing in the near future.
KW - 집회;시위의 자유(The freedom of assembly and demonstration);채증촬영(The evidence photographing);경찰정보활동(Police Intelligence Activities);공공의 안녕과 질서의 유지(maintenance of the public wellbeing and order)
DO -
UR -
ER -

김창휘. (2011). A Study on the problem of the evidence photographing in the assembly and demonstration. Public Land Law Review, 55, 291-318.

김창휘. 2011, "A Study on the problem of the evidence photographing in the assembly and demonstration", Public Land Law Review, vol.55, pp.291-318.

김창휘 "A Study on the problem of the evidence photographing in the assembly and demonstration" Public Land Law Review 55 pp.291-318 (2011) : 291.

김창휘. A Study on the problem of the evidence photographing in the assembly and demonstration. 2011; 55 291-318.

김창휘. "A Study on the problem of the evidence photographing in the assembly and demonstration" Public Land Law Review 55(2011) : 291-318.

김창휘. A Study on the problem of the evidence photographing in the assembly and demonstration. Public Land Law Review, 55, 291-318.

김창휘. A Study on the problem of the evidence photographing in the assembly and demonstration. Public Land Law Review. 2011; 55 291-318.

김창휘. A Study on the problem of the evidence photographing in the assembly and demonstration. 2011; 55 291-318.

김창휘. "A Study on the problem of the evidence photographing in the assembly and demonstration" Public Land Law Review 55(2011) : 291-318.