해상집회ㆍ시위에 대한 연구
A Study on the Assembly and Demonstration on the Sea
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Considering that participants in assembly and demonstration on the sea can manifest their own personality, supplement democratic justification under representative democracy and protect the minority by opening assembly or demonstration and that an effect of assembly or demonstration against ludicrous statements related to Dokdo will be maximized when opened rather on the sea than on land, the place on the sea is pertinent to the protected area of freedom of assembly. On the other hand, it is valid to apply law on assembly and demonstration to peaceful assembly and demonstration on the sea. For, the place on the sea is pertinent to ‘where general people can pass through freely’ out of Article 2,Clause 2 of law on assembly and demonstration since most of participants in assembly and demonstration on the sea don’t use large-scale ships besides hybrid vessel. And it is pertinent to ‘Behaviors which have an effect on diverse unspecific people’s opinions or control them by showing power and force to others’ out of Article 2, Clause 2 of law on assembly and demonstration since,if participants in assembly and demonstration on the sea argue their common opinions by moving a lot of ships on the sea at once, it will have an effect on diverse unspecific people. Therefore, it is reasonable to apply assembly and demonstration on the sea to law on assembly and demonstration in the present. However, it is invalid to restrict or regulate assembly and demonstration on the sea by applying sea related laws such as public order in open ports act and sea traffic safety act enacted to protect sea traffic since it restricts freedom of assembly by sea related laws with different purpose of legislation, which restricts natural rights in constitution which is freedom of assembly without clearly stated ground law.
Abstract
Considering that participants in assembly and demonstration on the sea can manifest their own personality, supplement democratic justification under representative democracy and protect the minority by opening assembly or demonstration and that an effect of assembly or demonstration against ludicrous statements related to Dokdo will be maximized when opened rather on the sea than on land, the place on the sea is pertinent to the protected area of freedom of assembly. On the other hand, it is valid to apply law on assembly and demonstration to peaceful assembly and demonstration on the sea. For, the place on the sea is pertinent to ‘where general people can pass through freely’ out of Article 2,Clause 2 of law on assembly and demonstration since most of participants in assembly and demonstration on the sea don’t use large-scale ships besides hybrid vessel. And it is pertinent to ‘Behaviors which have an effect on diverse unspecific people’s opinions or control them by showing power and force to others’ out of Article 2, Clause 2 of law on assembly and demonstration since,if participants in assembly and demonstration on the sea argue their common opinions by moving a lot of ships on the sea at once, it will have an effect on diverse unspecific people. Therefore, it is reasonable to apply assembly and demonstration on the sea to law on assembly and demonstration in the present. However, it is invalid to restrict or regulate assembly and demonstration on the sea by applying sea related laws such as public order in open ports act and sea traffic safety act enacted to protect sea traffic since it restricts freedom of assembly by sea related laws with different purpose of legislation, which restricts natural rights in constitution which is freedom of assembly without clearly stated ground law.
참고문헌 (20)
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