특수공무집행방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal is that the place of the instant demonstration falls under the major roads of major cities prescribed by Presidential Decree under Article 12(1) of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”). Since the time of demonstration falls short of 8:00 hours from work to and from the workplace with a large volume of traffic volume, ordering dissolution to the police demonstration team and blocking the course constitutes legitimate performance of official duties, and thus, the Defendant’s act of assaulting police officers along with many members of the D labor union constitutes special obstruction of performance.
2. According to Articles 6(1), 20(1)2 and (2), and 24 subparag. 5 of the Assembly and Demonstration Act, the duty to report is imposed on a person who intends to hold an outdoor assembly or demonstration, by requiring the person to submit a report stating a certain matter to the chief of the competent police station from 720 hours to 48 hours before commencing the outdoor assembly or demonstration. As to an outdoor assembly or demonstration for which a report has not been filed, the head of the competent police authority may order the person to dissolve through a specific procedure and punish the person who has not been dissolved without delay even after receiving the order of dispersion.
The purpose of the Assembly and Demonstration Act’s prior reporting system is to protect legitimate outdoor assembly or demonstration by understanding the nature, size, etc. of the outdoor assembly or demonstration by a report in advance, and to prepare measures to maintain public safety and order together by preventing any danger to public safety and order resulting therefrom.
In full view of the constitutional value and function of the freedom of assembly, the constitutional spirit that declared the prohibition of permission for assembly, the purport of the reporting system as seen earlier, etc., the report should not be changed into an application seeking permission for assembly, as it is intended to provide specific information on assembly to an administrative agency for cooperation in the maintenance of public order.