집시법 개정논의에 대한 고찰 - 발의된 입법안을 중심으로 -

Abstract

Although the freedom of assembly is a fundamental right guaranteed in the Constitution as a valuable contribution to the realization of democracy, it is inevitable to regulate this right through the Act on Assembly and Demonstration in order to keep public safety and to harmonize with other basic rights. The purpose of this paper is to analyse the recently proposed amendments to the regulation on the freedom of assembly. Due to the importance of fundamental rights, the justification for proposed bills should be examined on the constitutional point of view. In principle, all assemblies, that do not involve violence should be permitted, except in the case, when the abstract danger of public safety or concrete risk of that exist. When it comes to the regulation on assembly, the imposing conditions on the assembly method should be a priority, in comparison with prohibition of assembly. Proposed amendments to the pseudo-assembly is desirable, because that will enhance the fundamental rights guaranteed in Constitution. But the total ban on night vigils is constitutionally unacceptable. For the legalization of that, the generalized universal and abstract danger should be acknowledged. It is more recommendable, to restrict the individual assembly following the judgement concrete risk. The assembly restriction in the vicinity of child care facilities and cultural assets is legally justifiable as a matter of legislative policy for the purpose of public safety.