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The Signification of a Prohibition of a Prior Authorization System of the Assembly in the Constitution and a Constitutionality and a Problem and the Improvement Bill of a Prior Report System in the Law of an Assembly and a Demonstration

  • Public Land Law Review
  • Abbr : KPLLR
  • 2016, 73(2), pp.549-570
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Lee Hie Houn 1

1선문대학교

Accredited

ABSTRACT

Prohibition of a prior authorization system of an assembly means that it must generally permit holding of an assembly under sub-section 2, section 21 of a constitution. Namely, it is no use the jurisdiction chief constable of an assembly does prior examination for an assembly and has the discretionary authority that is a arbitrariness wide and to remove general prohibition of an assembly. Next, a prior report system of an assembly method is a report as cooperation duty. Accordingly, a prior report system of a law of an assembly and a demonstration is a report as cooperation duty. So, it prescribes it so that it is generally possible for an assembly if it does a report procedure decided by an assembly method. Therefore a prior report system of an assembly is constitutionality. And, there are five improvement bills as follows to solve the problem that it can be changed in quality in the authorization system that a prior report system is prohibited in a constitution of a law of an assembly and a demonstration. Firstly, even if a person of an assembly omit the report items mentioned of a law of an assembly and a demonstration, the police command a person of an assembly to do supplement notice and must not give notice of prohibition and must not punish it. Secondly, the police must always give notice of a limit of a person of an assembly first before doing prohibition notice and an order of dissolution of a law of an assembly and a demonstration. Thirdly, the National Assembly must simplification and a legislation to reduce must improve the items mentioned of a report of an assembly of a law of an assembly and a demonstration from the present. Fourthly, the National Assembly must establish a rule of an exception not to report ahead of time of a law of an assembly and a demonstration for urgent assembly or accidental assembly a small assembly and an assembly of short time. And the police do not punish prior report duty of a law of an assembly and a demonstration to the person who violated it and must improve a fine for default to levy. Fifthly, the maximum must be careful with what naturally it punish promptly the police and prosecution for the reason of a person of an assembly having violated it in a prior report system of a law of an assembly and a demonstration for urgent assembly or accidental assembly.

Citation status

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