우리나라 집회․시위 관련 소음문제와 그 개선방안

Abstract

According to Article 21, Paragraph 1 of the Constitution, freedom of assembly and demonstration, like other basic rights, must be guaranteed broadly or superiorly, and anyone must be able to be an organizer and participant of assemblies and demonstrations for the relief of rights. In this respect, a certain level of noise generated during assembly and demonstration should be accepted by ordinary citizens. However, it is now necessary to publicize the issue of excessive noise levels that occurred during assemblies and demonstrations. This is because ordinary citizens, who are not at all related to the assembly and demonstration conducted by a specific group, are disturbed by the noise generated from their daily work and are infringed upon their privacy and right to study, and are suffering tremendous damage to health rights such as depression and sleep disorders. . Since the exercise of someone's rights should not cause harm in good faith to someone else, it is essential to reorganize the current rules of the assembly law to solve this problem. In addition, this modest regulation of noise could rather attract the full support of ordinary citizens for assemblies and demonstrations. For citizens suffering from various noises in the city, another noise through loudspeakers can cause resentment regardless of the importance of the content. It is now that citizens' reactions to the fatigue of excessive noise have become a necessary and sufficient condition for change (reinforcement) of noise-related regulations. In the future, it is necessary to more closely review the noise and vibration related laws and cases of foreign comparative law, and through a refined and detailed revision of the Assembly Act, the right to public health, the right to tranquility and the right to freedom of assembly and demonstration given under the Constitution should be respected and co-existed as much as possible.