The purpose of this article is to analyze the judicial inclination of the fifth Korea Constitutional Court regarding right to freedom of assembly and association. Qualitative and quantitative analyzes were attempted and it was revealed that, as the fr...
The purpose of this article is to analyze the judicial inclination of the fifth Korea Constitutional Court regarding right to freedom of assembly and association. Qualitative and quantitative analyzes were attempted and it was revealed that, as the freedom of assembly and association conflicts with public safety and order, the Constitutional Court was unable to easily present an opinion on the unconstitutionality of the certain law. Also, it was revealed through analysis that great efforts are being made by the Constitutional Court to find a harmonious interpretation method. As the freedom of assembly and association guarantees collective expression, the conflict of fundamental rights is often occurring. It is hoped that the Constitutional Court will continuously be governed in a way that maximizes harmony between freedom of association and other fundamental rights.