해상시위의 기본권성과 집시법적용가능성 고찰

Abstract

new type of demonstrations in the temporal and spacial aspects, such as accidental and unprepared demonstration, urgent assembly, demonstration-on-sea, demonstration-on-highway, and etc., which are not intended in the Law of Assembly and Demonstration, are becoming a social problem. Especially, the law on demonstration-on-sea needs to be discussed further because it is not clear if the Law of Assembly and Demonstration is applicable here. If so, how can it be explained logically? Or, if not so, which law should be applied to this context? So far, various theories on demonstration-on-sea have been opposed aggressively vs. submissively. However, it should be guaranteed that the demonstration-on-sea is one of the constitutional rights based on the self-decision right of demonstration′s place. Accordingly, these contents have to be interpreted with a concept of demonstration in Demonstration′s law in coordination with the Constitution. Therefore, it is not persuasive that Demonstration′s law is analogized, or general police law is applied, to such untypical demonstrations. In addition, taking into consideration a demonstrative function for minority under modern situation of demonstration, it is right to apply the Law of Assembly and Demonstration to the demonstration-upon-sea directly.