집회시위 소음에 대한 법적 규제

Abstract

You can find a direct regulation concerning noise occurring from demonstration or protesting in the article 14 of the Act on Duty and Law Enforcement of Policeman. This article provides, "those who host a meeting or demonstration shouldn't make noise above the level designated by executive rule which will give serious damage to others, using mechanic or instrument like a megaphone, a drum, and as such. Police can order to stop the use of megaphone or temporary seizure if it is necessary. This provision has been enacted to protect damage of people from the noise which has been made from repeated assembly and demonstration in Korean society. The number of meeting and demonstration increased with democratization of society and the use of megaphone became more and more frequent. The neighbors of places of meetings and demonstration have been the victim of the noise coming from the meetings and in some cases, the damage went too far. Efforts have been made to lessen the damage of people from meeting and demonstration through noise by changing laws. The right of assembly and demonstration belongs to fundamental rights of people protected by the Constitution. The democratization of Korean society was achieved through assembly and demonstration by people who voluntarily participated in those democratization movement. The freedom of assembly and demonstration symbolizes the Republic of Korea as a free and democratic society. Someone said that democracy will make a society noisy. In a sense, a society may develope while everyone raise his voice for the maintainment and enlargement of his own interests. But rights have their limit, people should be responsible for the result of their acts. Nobody should take advantage of other people for his own interest. We should give more attention to mental and physical danger afflicted by noise. Right of physical soundness and health is as important as the right of assembly and demonstration. In cases when people cannot abide by the rules regulating the level of noise, the intervention of police will be necessary to keep the public safe and sound.