集會 및 示威와 警察權 發動에 관한 小考

Abstract

The Assembly and demonstration is right of constitution which pursue profit and goal of commonness. But the sponsor or the attendees of assembly and demonstration have precedence for the requirement of the themselves. Consequently, the assembly and demonstration became various anger and diversification and with radical projection conduct, the fire legal violent of force is spreading. For these illegal and violent police must protect the life and body and property etc. fundamental right of the citizen. Simultaneously, police must guarantee the freedom of the assembly and demonstration which is legitimate. By the way participants of assembly and demonstration endeavor in order to accomplish the assertion of the themselves. But the police wish it will be prompt and peaceful. Consequently, the collision occurs to between two, but the political and social circumstances which relate with assembly and demonstration is change. Consequently, the government, police, press, the civil society all must be exchanged about the recognition and role of the assembly and demonstration. The government must construct a new paradigm for the public conflict resolution. And the police will be institutional and must rearrange inspect for the legal assembly and demonstration. Also, the press or civil society must do role recognition newly. Consequently, the recognition of the fair assembly and demonstration will be converted. This paper explained these problem points. Namely, first observed of contents of our country assembly and demonstration. And observed confrontation plan of the foreign nation. Last presented the problem point and improvement program of confrontation plan. In short, ①The peaceful assembly and demonstration are few dangerous for the stability order of the general public. To like this case the police must induce in order to autonomously manage. ②Illegal violent demonstrations are dangerous for the stability order of the general public. To like this case the police must strictly handle. and ③Recently, new type assembly and demonstration can be regulate according to the other law. and ④About the transformed assembly and demonstration is necessary legislation complement.