영국의 집회 및 시위의 자유|RISS 상세보기

다국어 초록 (Multilingual Abstract)

In this essay, the author aims to introduce the laws regulating Freedom of Assembly in the United Kingdom and tries to point out its implications in comparison to Korean situation, in particular the prohibition of outdoor assembly and demonstration during the time between sunset and sunrise.
Some findings drew mainly from an examination of Public Order Act 1986 can be summarized as follows. Firstly, there is no prohibition of outdoor assembly and demonstration during night time. Secondly, there are common law offences as well as statutory offences in relation to assembly. Thirdly, Public Order Act 1986 introduces a notice system. Fourthly, the Public Order Act 1986 makes a separation between procession and assembly in that the severity and scope of police regulation are different from each other. Generally speaking, the case of procession is subject to more police regulation than that of assembly. Fifthly, the British law regulating assembly and procession consists of two categories. On the one hand, there is a general law like the Public Order Act 1986 where basic forms of regulations and accompanying offences and sanctions are stipulated and, on the other, several independent laws responding to specific disorderly activities like Football (disorder) Act 2000. Sixthly, when regulating assembly, what are accompanying is specific requirements which should be met for police to enforce the relevant laws.
In the conclusion the author observes that police power regulating assembly in the UK is becoming more and more subject to tightened judicial scrutiny.

번역하기