집회 및 시위에 관한 법령상 집회 소음 규제 조항들의 문제점과 입법적 개선방안

Abstract

In the future, various legislative improvements to the Assembly and Demonstration law and enforcement decree on the strengthening of assembly noise regulations will pass the National Assembly quickly to ensure that the assembly's right to peace and health will be more balanced and harmoniously protected and restricted. First, in Article 8 (5) 1 of the same Act, it is desirable to improve the prohibition or restriction notice of the assembly when a resident requests protection if there is a possibility that the peace or health of privacy may be clearly damaged by the noise of the assembly. Second, it is desirable to establish a provision in Article 22 (2) of the same law that appropriately punishes the organizer of a assembly for Article 8 (5) 1 of the same law in the future. Third, it is desirable to establish a new regulation in Article 22 (4) of the same law that appropriately punishes participants who violate the prohibition or restriction notice of Article 8 (5) 1 of the same law while knowing the violation of assembly noise. Fourth, in the future, it is desirable to strengthen assembly noise regulations by reducing the measurement time of equivalent noise to 5 minutes in accordance with the need to further protect the right to tranquility, health, or learning in residential areas, schools, general hospitals, and public libraries. Fifth, in the future, it is desirable to strengthen the regulation of assembly noise by shortening it from the previous one in the form of punishment for violating the maximum noise standard twice an hour in attached Table 2 of Article 14 of the same law and enforcement decree. Sixth, it is recommended that the police regulate the output size of sound amplifiers, such as loudspeakers, in advance before the confrontation is held, by improving the type of loudspeaker and maximum output sound pressure in Article 2 of the same law and enforcement decree.