최근 우리나라의 집회 소음 문제에 대한 입법적 개선방안

Abstract

Recently, many large and small assemblies have been held in Korea, and media reports and public opinion have been mounting that the government should improve regulations on the noise of various assemblies arising from them. Accordingly, the nation's regulations on assembly noise in the future need to be drastically improved to six, as follows under the law and enforcement regulations on assembly and demonstration. First, in Annex 2 to Article 14 of the enforcement regulations of law on Assembly and Demonstration, it is necessary to regulate assembly noise more strongly than currently during late-night hours at residential and general hospitals separately from other areas in order to protect residents and patients’ right to rest, sleep, or health rights in areas subject to assembly noise regulation among the equivalent noise levels. Second, it is necessary to create a new provision in the same regulations for the duration of the occurrence of a certain range of assembly noise and the criteria for its stop time, which is triggered by the assembly in the future. Third, it is necessary to create a tolerance rule for the release of very loud assembly noise for a short period of time (a short period of time) separated by the assembly noise regulation area and time zone in the future, and to create a provision for the police to impose fines or criminal penalties if these acts are repeated three times. Fourth, it is necessary to create a new provision in the same regulations on the noise of the assembly at the venue of national holidays and corresponding national anniversaries to promote national unity and national unity in the However, in order to ensure that the new clause on the regulation of assembly noise in important national events does not violate the principle of balancing test under the Constitution, it is necessary to set it as a national holiday and a time frame for a speech to commemorate the people and the people. Fifth, in Number 2 to Article 2 of the enforcement regulations of law on Assembly and Demonstration, the types of loudspeakers also need to be revised to include in the assembly notice, so that the police at the assembly site can identify the types of loudspeakers that the assembly participants intend to use in advance and identify the maximum emission volume of such loudspeakers in advance so that they can adjust the size of the noise of such loudspeakers at the assembly. Sixth, it is necessary to establish a new regulation of law on Assembly and Demonstration that allows the police to impose fines on future assembly noise in accordance with circumstances or circumstances in which they violate police regulations on the noise of the assembly.