Issues of Freedom of Assembly and the direction of revision of the Assembly Act

Although there are no explicit provisions in our Constitution, it is only peaceful and nonviolent rallies that are protected by freedom of assembly. And the permit system for assembly and demonstration is prohibited. This is because a society that can hold assembly and demonstration only under the permission of the state cannot be regarded as a democratic society. The Constitutional Court has repeatedly emphasized the importance of ensuring that political power or the public can hold assembly and demonstration in a 'place where they can be seen and heard'. The United Nations Convention on the Rights of Freedom (International Convention on Civil and Political Rights), which Korea has joined and ratified to take effect of domestic law, recognizes the 'right to peaceful assembly'. Even if assembly and demonstration interferes with traffic or causes confusion in economic activities, the assembly and demonstration should be protected as long as it is peaceful, and assembly and demonstration (so-called 'illegal assembly and demonstration') that does not meet the requirements of domestic law is also subject to peaceful protection. Of course, we must respond accordingly to illegal activities. However, it is unconstitutional and anachronistic to take issue with rallies without illegal activities, drive rallies themselves illegally, and claim bans or forced dissolution. Moreover, wasn't it the government of Yoon Suk Yeol that shouted “freedom” first? In his inaugural address, he gave special meaning to 'freedom' 35 times, but it is truly incongruous to touch the freedom of rallies and demonstrations guaranteed by the Constitution. How can we increase the volume of what needs to be done only when responding to illegal activities during rallies, and what needs to be solved only in a small way? Previously, he said “freedom,” but later he is making a law that infringes on basic rights. The state should faithfully embody the values of the rule of law and democracy by guaranteeing the freedom of assembly and demonstration as much as possible, which is a key element of democracy, in line with the purpose of the Constitution and the International Human Rights Act (especially the Convention on the Rights of Freedom). Starting with the fundamental question of what is freedom of assembly in this paper, the constitution guarantees freedom of assembly, the Constitution guarantees freedom of assembly, and the ordinances review issues and problems such as “permission and prohibition” and “permission and prohibition” in anticipation of the spring of the Assembly Act, and suggest directions for revising the Assembly Act that harms freedom of assembly.