집회시위 사례연구 : 부안사례를 중심으로

Abstract

Police take charge of public welfare and order maintenance, an important and fundamental institution. Last people had a acceptable stand point from exercise of use for policing right unconditionally, but these days people raise a loud voice to protect of lights and interests for themselves. In additional some citizens have a wrong cognitions of appropriate to protect their rights and interests unconditionally, they have a tendency to repel for lawful actions of police. Police actions to achieve the goal to danger prevention is for whole nation, but when the police use police rights for causing danger conditions, individual rights should not be infringe. We must seek a device based on legalism for both to achieve police goals efficiently and to security people's rights in maximum. Nowadays these actual state will rise with high possibility because of appearing various origins for political ideology, economical, religious,cultural, dissatisfaction of a specific policy, conflict between labor and capital in the scene of assembly and demonstration. Therefore, an important matter to invoke police rights through police relate laws, the abuse of police rights should be prohibit and people's rights should be protective. But special effects of policing activities, everything should not regulate to law because of variety, prospect impossibility, time emergency and so on. The constitution guarantee to rights of assembly and demonstration. The police or the nation should not infringe people's elementary rights and should protect citizens from unlawful intrusion. But because assembly and demonstration is a group action and have a high possibility to injure for public welfare and order, the nation put in practice「the Law on Assembly and Demonstration」. This paper is focus on Buan case, is researched cause, process and confrontations for assembly and demonstration through analysis tools. Through these bases, the suggestion for policy will present efficient application of policing rights.