The freedom of assembly is the fundamental freedoms guaranteed by the
Constitution. However, as far as our reality is concerned, the freedom of assembly is
guaranteed only when it is under the control of the police, and otherwise it is perceived
as an object to be suppressed. Police say even that they will not tolerate even a small
illegal law while referring to the “broken window theory”. Therefore, regardless of the
peaceful nature of the rally, it is too obsessed with ‘compliance’. This attitude is causing
the citizens who participated in the assembly to be put to the object to be suppressed.
This paper analyzes the requirements and current status of police force, focusing on
the vehicle-wall-blocking and water cannon as a means of using the police force, which
is a recent problem, and suggests ways to improve it.
First of all, the installation of the wall cuts off the essential communication function
of the assembly by separating the meeting place from the object of protest. Thus,
despite the warning for prevention in the face of illegal acts, other than installing a
barrier, it should be allowed only in the ‘urgent case where there is a risk of causing
damage to the life, body or property of the person’. Without this urgency, the
vehicle-wall-blocking should not be allowed to be proactive as well as preventive.
Secondly, the water cannon is a police force that is likely to harm people’s life and body.
Therefore, aiming shots, which could pose a significant risk to the human body, should
in principle be prohibited. However, considering its risk, it should be supplementary
used only when there is no other alternative, only when the direct risk to the legal
interest of the other person or the order of public well-being is ‘obvious’. In addition,
as for the use standard of such a thing, it is necessary to be specified by law.