본문 바로가기 주메뉴로 바로가기
All
TITLE 【Syllabus of Latest Opinion】Supreme Court Decision 2015Do17738 Decided December 22, 2017【Violation of the Punishment of Violences, etc. Act (Joint Commission of Breaking and Entering); General Traffic Obstruction; Violation of the Assembly and Demonstration Act】* First draft [full Text]
Summary
[1] Constitutional guarantee of the freedom of assembly and demonstration
Purport of Article 6(1) of the Assembly and Demonstration Act that provides for the submission of a report on an outdoor assembly or demonstration, and Article 10 of the same Act that limits, in principle, an outdoor assembly or demonstration from being held either before sunrise or after sunset
[2] Requirement and process for a legitimate order of dispersing a nighttime outdoor assembly or demonstration that is in violation of Article 10 main text of the Assembly and Demonstration Act, and an outdoor assembly or demonstration that was not reported in advance pursuant to Article 6(1) of the same Act
Whether the intent behind a voluntary dispersion demand should be explicitly included in the dispersal order (affirmative)
Standard for determining whether such dispersal order was issued
Whether the phrase “voluntary dispersion is ordered” must be used or the dispersal order should be verbally expressed (negative)
Prev
Next 【Syllabus of Latest Opinion】Supreme Court Decision 2017Da238837 Decided December 22, 2017【Decision on Enforcement】* First draft
219 Seocho-ro,Seocho-gu,Seoul 06590,Republic of Korea 02-3480-1100