集會및示威에 관한 法律의 問題點과 改善方案 = Problems in Assembly and Demonstration Act and Proposed Improvements

다국어 초록 (Multilingual Abstract)

The right of assembly, a fundamental right of freedom guaranteed by the Constitution describes the right that many persons who have common objectives may voluntarily have a temporary or regular assembly, or join together. This right also carries the characteristic of the right to express like the right of press, through which people may form common intention through contacts with others and collectively represent the formed intention.
On the contrary, its unorganized collectivity may lead to the risk of violence. Accordingly, as the Constitution declares that "the freedom and rights of the people may be restricted by a law only when necessary for the national security, maintaining order, or public welfare. However, in any case their essential contents may not restricted", one of the most typical laws to this end is "Assembly and Demonstration Act".
Under the current laws, the trends of the assemblies and demonstrations in Korea are turning to more peaceful ones as democratization has evolved from the past authoritarian regimes through this "Participation Government". However, as the recent assemblies and demonstrations have assumed the aspect of indiscriminating interest pursuit, the number of assemblies and demonstrations is increasing. In particular, the first year of the Participation Government experienced conflicts and confrontations in various fields such as those conflicts and confrontations between the conservatives vs. the revolutionists, the labor vs. the management, and different regions. Under the circumstances, the law which was revised during the 13th Assembly session, in which the leading party was the minority and the opposition parties were the majority, so that the freedom of assembly was greatly expanded, has been revised again.
This article summarizes the contents of the revised Act and reviews some proposed improvements. Any enactment or revision of a law may not become the purpose itself. When an existing law has failed to solve problems reasonably, revisions of the law is necessary in order to overcome the difficulties and they should be efficient. In this regard, if there don't exist cultural bases of people and the public power that are necessary for the operation of the Assembly and Demonstration Act, desired effects may not accomplished by the enactment or revision of the Act.
Korean people have experienced many trials and errors in assembly and demonstration culture. Accordingly, assembly organizers or the governmental agencies such as the police need to avoid such an idea to rely on the enactments or revisions of laws, and try to establish more mature culture to adjust and control mutual interests and conflicts. This change of mind may lead to elimination of unlawful violence demonstrations that cause wasteful conflicts, and lead to peaceful assembly and demonstration culture.