프랑스법상 집회와 시위에 관한 소고

Abstract

Article 21 Section 1 of Korean Constitution, providing that “All citizens shall enjoy freedom of speech and the press, and freedom of assembly and association”, recognizes the freedom of assembly as one of rights to express opinions collectively. It is thought that the freedom of assembly under the Constitution has dual function which has components of manifesting the personality of people and consisting of democracy. Although the freedom of assembly which has such an important constitutional function was unquestioningly supported by Koreans on the basis of the necessity for overthrowing the old dictatorial government and democratizing the government, the freedom of assembly, after establishing the democratic government in Korea, has been asked to be consistent with public order, welfare or other fundamental principles. As a result, it is indispensable for the debate concerning the freedom of assembly under the Constitution today to embrace various social values and demands which is in the need of the changed social situation and in the way of being conformed to the constitutional order. Since there were complex constitutional experiences and history in France such as the introduction of direct democracy, the oppression by authoritarian regime, and the efforts to harmonize the freedom with public order, she developed more systematic and well-defined legal systems on the freedom of assembly. In this paper, I will introduce the French legal systems regarding the freedom of assembly and demonstration in a general way, which is recognized as coming to the ripening stage of harmonizing the freedom of assembly with the constitutional order. In so doing, I will provide an appropriate and reasonable insight with the debate on the freedom of assembly and demonstration in Korea.