집회의 자유와 대화경찰관 제도에 관한 소고

Abstract

The Constitution guarantees the fundamental right of freedom of assembly to all citizens by stating, "All citizens shall have the right to freedom of speech and the press, and freedom of assembly and association." The Constitution stipulates that peaceful assembly is not considered a danger or infringement on public order, and the state and third parties are required to accept any inconvenience to the general public or danger to legal interests arising from the collective exercise of freedom of assembly by individuals, provided that it is in harmony with the legal interests to be protected. To prevent various physical clashes and conflicts at rallies and protests, the Korean-style Dialogue Police system was implemented on August 1, 2018, benchmarking Sweden's Rally and Demonstration Management Policy and the UK's “Police Liaison Officer”. The Dialogue Police mediate complaints and demands from those near the rally or demonstration site to the rally organizers and communicate with rally and demonstration participants to create a peaceful atmosphere. They work to ensure that rallies do not escalate into physical clashes and may hold consultations with rally organizers if they express dissatisfaction. They play a variety of roles to ensure that rallies and demonstrations are peaceful and non-violent, such as coordinating the start time, route, and dismissal time of rallies, demonstrations, and roadblocks with the executive team prior to the start of the rally/demonstration, and preventing friction with other groups. Although there has been an increase in the number of rallies and demonstrations organized by various social organizations and interest groups demanding improvements to citizens' rights, social change, and regularization of the labor sector, the number of illegal and violent demonstrations has not increased. This is a result of the police's efforts to ensure "peaceful" rallies and protests, including the implementation of the Dialogue Police System. The system acts as a communication channel between the police and participants, including organizers and residents near the rally site, and improves citizens' awareness of law and order. The Korean-style dialogue police system contributes to the creation of a culture of peaceful rallies and protests. To ensure its establishment in Korean society, it is necessary to establish provisions on the dialogue police system in the Assembly and Demonstration Act rather than the National Police Agency Order. This will clarify the system's grounds, duties, powers, and limitations.