집회시위현장에 대한 경찰출입의 법적 문제와 합리적 개정방안

Abstract

Recently in Korea it is passionately disputed regarding freedom of assembly whether a policeman in civilian clothes can enter a gathering or demonstration place in view of Korean Assembly-Demonstration Code which says ‘a policeman can enter a gathering or demonstration place in a full-dress uniform, after notifying the promotor of an assembly and a demonstration’(§19 ①). This paragraph 1 of Article 19 of Korean Assembly-Demonstration Code can be interpreted variously. According to the restrictive interpretation of §19 ①, a policeman in civilian clothes may not enter a gathering or demonstration place. From the interpretation a contrario of §19 ①, a policeman in civilian clothes can enter a gathering or demonstration place without serving a notice to the promotor of an assembly and a demonstration. From the interpretation a fortiori of §17 ①, a policeman in civilian clothes can enter a gathering or demonstration place, if he serves a notice to the promotor of an assembly and a demonstration. This issue brings several reform bills of Korean Assembly- Demonstration Code. These bills may be classified as follows; - One bill① crosses words of ‘in a full-dress uniform’ out in the paragraph 1 of Article 19. - Another bill② rescinds the paragraph 1 of Article 19. - Other 4 bills③ make that problem clear by saying that 'a policeman shall enter a gathering or demonstration place in a full-dress uniform. The second chapter explains about the bill①, and the third chapter reviews the bills③. The fourth chapter explains and reviews the bill②. The bill② seems to solve this problem according to Police-Duty-Enforcing Code, but actually brings many difficult legal problem. Some labor agitators or leaders assume a critical attitude toward the bill①. They think if a policeman enters a gathering or demonstration place in a civilian clothes, he keeps close watch on the people in gathering place like Stalin’s secret police, and freedom of assembly must be violated. According to the bills③ a policeman in civilian clothes may not enter a gathering or demonstration place. Some bills make a policeman mark his rank and name in addition. However, People who submit or support the bills③ don't understand or make little of why legislators of Korean Assembly-Demonstration Code allow a policeman to enter a gathering or demonstration place. When a peaceful demonstration takes a sudden turn for the worse or riot, an isolated policeman shall not be left behind defenseless or naked. So, I support the bill① that a policeman in civilian clothes or a full-dress uniform can enter a gathering or demonstration place, if he serves a notice to the promotor of an assembly and a demonstration.