After its decision of ‘constitutional nonconformity’ about a night assembly
on September 24th, 2009, then the Korean Constitutional Court decided the
‘limited violation of constitution’ saying, ‘Even a night demonstration should
be allowed to be held up to the midnight’ on March 27th, 20104. Since such
a decision, the revision of Assembly and Demonstration Act has not been done,
and the revised act is currently pending on the National Assembly on October,
2016.
Amid the controversy about the ‘Legislative Deficiency’, some articles of
the Assembly and Demonstration Act are revised and created like the
imposition of the fine about a ghost assembly and the notice duty of fact to
hold an assembly, the police superintendent’s recommendation about the
assembly place and partitioned assembly holding by time in order to protect
the people’s basic rights and convenience.
However, this revised bill of Assembly & Demonstration Act limits the duty
of assembly withdrawal report only to overlapping assemblies and a police
superintendent can only recommend about the partition of assembly place and
time, but has not a certain authority to forcibly enforce, so it is expected that
the recommendation will be eventually ended to a formal procedure. And as
this revised act has no punishment article concerning the violation of the notice
duty within 1 hour before holding an assembly in this revised act, so there
is a problem that the police can’t force an assembly to follow the article.This study proposed some political suggestions concerning the articles to be
supplemented and corrected in the Assembly & Demonstration Act after
analyzing its articles around its 2016 revised Act. The Assembly &
Demonstration Act has several problems to be continually corrected and
supplemented further including the matter of ‘Night Assembly & Demonstration’
which is in the condition of ‘Legislative Deficiency’ since 2009.