2. The costs of lawsuit are assessed against the defendant.

A. On April 4, 2013, the head of Jung-gu Seoul Special Metropolitan City (hereinafter referred to as the "head of Jung-gu") created a chemical group (hereinafter referred to as the "the chemical group of this case") on the next delivery to the Socuk-gu, Seoul Special Metropolitan City (hereinafter referred to as the "Scuk-gu") of the Socyoung-ro 2 A.

B. On July 11, 2013, the Plaintiff, the chairman of the Labor Relations Commission of the attorney-at-law group for a democratic society (hereinafter referred to as the "civil society") reported an outdoor assembly with the following contents to the Defendant (hereinafter referred to as the "report on this case"; hereinafter referred to as the "Assembly of this case").

A person shall be appointed.

A person shall be appointed.

C. On July 12, 2013, pursuant to Article 12(1) of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”), the Defendant: (a) on the ground that the place of assembly reported by the Plaintiff falls under the main roads (as Class 3, Gu) under the Assembly and Demonstration Act; (b) on the ground of the instant cremation created in the Jung-gu Seoul Metropolitan Government Office (hereinafter “Y-gu Office”); (c) on the ground that there is a very narrow range of delivery; (d) on the ground that there are many citizens, visitors, crossing news reports, and general traffic users, (e.g., 1) the size of the instant plastic project, 2) the size of the instant plastic project, 3) the size of the assembly, 2) the size of the instant plastic project, 3) the size of the instant plastic project, 2) the size of the instant plastic project, 3) the size of the instant plastic project, 3) the size of the instant plastic project, as shown in the attached Form 2 drawings, and (e.g.

D. Meanwhile, while filing the instant lawsuit on July 15, 2013, the Plaintiff applied for the suspension of the validity of the instant disposition under this Court 2013 Ab286. The instant court accepted the Plaintiff’s application on July 22, 2013 and rendered a decision to suspend the validity of the instant disposition until the instant judgment is pronounced, and accordingly, held an assembly on July 24, 2013 and July 25, 2013.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The parties’ assertion

1) The plaintiff's assertion

The number of participants in the assembly of this case is less than 30 persons, and the delivery next to the written question of the Seocho-dom in which the chemical of this case is located is about 4-5 meters wide. Among them, the place of assembly reported by the plaintiff is about 1.5 meters, and the place of assembly reported by the plaintiff is limited to 1.5 meters, and since the braille block for the visually disabled is excluded from the place of assembly, there is no risk of causing interference with the passage of the visually disabled, the assembly of this case does not constitute a case where the assembly of this case is likely to cause direct danger to the traffic flow of the third class.

Since the road occupation and use refers to the use of a specific part of the road for a specific purpose in a tangible and fixed manner, the installation of the goods of this case at a place at a house does not constitute the road occupation and use, and pursuant to Article 38 of the Road Act, Article 28 (5) of the Enforcement Decree of the Road Act, and Article 2 of the Seoul Metropolitan Government Ordinance on the Collection of Road Occupancy and Use Fees, etc. (hereinafter referred to as the "Ordinance of this case"), the goods of this case are not subject to the permission of occupation and use. In addition, the use of the goods of this case during the assembly of this case does not violate the provisions of Article 68 of the Road Traffic Act.

The instant disposition pointed out that police officers are placed in the instant prohibited zone, which is front of the instant chemical group, that it is unreasonable for the Defendant who fundamentally obstructed the assembly in the instant prohibited zone, and that such circumstance was arbitrarily designated as the content and purpose of the instant assembly, which seeks to inform citizens of such circumstances, and went beyond the inherent limit of the assembly report system.

Therefore, the instant disposition is unlawful.

2) Defendant’s assertion

The next delivery of the Seodaemun-gu Seoul Special Metropolitan City is not only the narrow width among the neighboring India due to the road structure itself and the flower, etc. of this case, but also in contact with the crosswalks, and the number of people who intend to view the sub-committees is large. The opening time of the meeting of this case is in contact with the time of leaving the meeting from 5 p.m. to 9 p.m.. The prohibition zone of this case where assembly is restricted by the instant disposition, which is the place of this case, is the place where assembly is held, is carried out for the purpose of preventing any danger and injury to the surrounding police officers, and it is evident that the prohibition zone of this case is to be illegally set up from April 2, 2012 to the National Countermeasure Committee for the ○○ Motor Vehicle (hereinafter referred to as the "○○○") to install a tent and a place of fright, and thus, it is evident that there is no possibility that the surrounding police officers will use it for the purpose of preventing such danger and injury.

The instant permissible zone is included in the place of the assembly reported by the Plaintiff, and it cannot be deemed a separate place from the perspective of ordinary citizens who passed around the meeting. Therefore, there is no big difference in the degree of impact on the formation of public opinion by collectively expressing their opinions and arguments through a meeting.

The instant article prohibited the Defendant from using is merely a part of the prepared article reported by the Plaintiff, and it does not prohibit the Defendant from using any flock card, clocket, head belt, sound equipment, printed article, etc., which can be deemed the most general means in collective expression. Therefore, it does not interfere with the Plaintiff’s achievement of the objective of the instant assembly. Moreover, given that the instant water case, by its nature, is inevitable to occupy and use a road including delivery, it is in violation of the Road Act if it is not permitted to occupy and use a road, and thus, it is also in violation of the Road Act, even if it constitutes an article that may interfere with traffic.

Therefore, the instant disposition is lawful.

(b) Relevant statutes;

Attached Form 4 is as shown in the relevant statutes.

(c) Facts of recognition;

1) On March 3, 2013, ○○○○○○, which had been holding an assembly to commemorate the victim of the layoff of ○○ Motor Vehicle, was set up a tent on the next in India, on which he had been holding the said tent and banner between the wall of the said tent and the sub-committee of the sub-committee. However, on the other hand, on March 3, 2013, ○○○○, which had been holding the said tent and the wall, set up a fire to be moved to the wall of the tent and the sub-committee of the sub-committee.

2) On March 6, 2013, the Administrator of the Cultural Heritage Administration requested on March 6, 2013, the Minister of the Cultural Heritage Administration to “to temporarily block installation of illegal facilities and assemblies and demonstrations by creating a chemical force in an area where illegal facilities are likely to occur, such as the area where a fire, etc. in front of the Sudukgun is located, in order to prevent the damage of the historic and cultural environment, and protect cultural heritage from fire, etc.” to “to increase security manpower to prevent the prolongedation of assemblies and demonstrations, and to strengthen the boundaries.” As a result, the head of the Gu, on April 4, 2013, created the instant chemical force in India adjacent to the Seodukcheon-do, and later police officers, on April 4, 2013, shall keep the instant chemical force from entering the instant Western, etc., if there is a concern for the destruction of cultural heritage following the assembly and demonstration in front of the Taeduk National Cemetery.”

3) Meanwhile, in order to hold an assembly for the same or similar purpose as the instant assembly on July 6, 2013, ○○○○○○○○○, the organizer, as the Civil Labor Relations Commission (the Chairperson), as the maximum date and time from July 11, 2013 to July 22, 2013, (excluding Sundays) as well as the number of days from July 24, 2013 to July 26, 2013: 17:0 to 00, 21:50, 200, 200, 200, 200, 5,000, 200, 5,000, 3,000, 3,000, 3,000, 17,000,000, 2,000,000,000,000,00,000).

4) On July 10, 2013, the Defendant: (a) against the Plaintiff, the Defendant: (b) notified the Plaintiff that, on the grounds that the next delivery of the Seocho-gu in the place of assembly reported by the Plaintiff constitutes a major road under the Assembly and Demonstration Act; (c) the width of India is very narrow due to the instant chemical group; and (d) the visitors, visitors, visitors to the crosswalks, the crosswalks, the general public, etc. are highly complicated; (b) thus, the Defendant held a meeting in the instant permissible zone on the grounds that the said assembly might directly cause a threat to the flow of surrounding traffic; and (c) was not used on the grounds that the said assembly violated the relevant statutes, such as Article 38 of the Road Act, Article 68 of the Road Act, and Article 68 of the Road Traffic Act.

5) On July 11, 2013, as shown in attached Table 1, the Plaintiff filed the instant report by excluding a simplified wave rash, which appears to cause inconvenience to traffic, from the instant chemical group to the braille block transfer for visually disabled persons, in the case of delivery by side of the Seodaemun-gu, the Defendant’s place of assembly (three meters from the boundary of the instant chemical group) and the Seocho-gu, the Defendant permitted the assembly, as shown in attached Table 1.

6) India, that is, the delivery prior to the chemical of this case, which the Plaintiff reported for the first outdoor assembly, is about 4-5 meters in width.

[Ground of recognition] Unsatisfy, Gap's statements and videos, and the whole pleadings, as well as Gap's statements and videos

D. Determination

1) The constitutional meaning and function of freedom of assembly

Article 21 (1) of the Constitution of the Republic of Korea provides that "All citizens shall have the freedom of speech and publication, and freedom of assembly and association," thereby guaranteeing the freedom of expression, which is a fundamental right for exchanging opinions with others, as a fundamental right of the people. In other words, the Constitution guarantees the freedom of assembly as a fundamental right of the people, and thereby guaranteeing the freedom of assembly as a fundamental right of the people, the peaceful assembly itself shall not be deemed as a danger or infringement on the public safety and order, and any inconvenience to the general public or danger of legal interests that inevitably arise by exercising the freedom of assembly in group by an individual shall be approved by the State and a third party to the extent consistent with the legal interest protected by the law.

The freedom of assembly is one of the two constitutional functions, which form a part of individual personality and democracy. First, within our constitutional order, the freedom of assembly is also the fundamental right that contributes to the realization of individual self-determination and personality, as in all other fundamental rights. It belongs to the fundamental right that humans seek contact with others and exchange opinions among others, which is the most fundamental right of human beings. The freedom of assembly is one of the fundamental rights that guarantees the freedom of expression jointly with others through exchange of opinions among others, and that is, the fundamental rights that protect individuals from being isolated from the society by the government power. In other words, the freedom of assembly is one of the fundamental rights that protect the freedom of assembly and demonstration, which is one of the fundamental rights of individuals, and is one of the fundamental rights that protect the freedom of assembly and demonstration in a democratic society. The freedom of assembly and demonstration is one of the fundamental rights that can be jointly expressed by the public in a democratic society.

2) Determination

In light of the constitutional meaning and function of the freedom of assembly as seen earlier, and the following circumstances that can be seen by comprehensively taking into account the entire purport of the pleadings, it does not seem that even if an assembly is held in the prohibited zone of this case, it would pose a direct risk to traffic flow as Class III. Accordingly, the instant disposition is unlawful.

① The freedom of assembly shall guarantee the right to decide on the time, place, method, and purpose of the assembly by itself. In other words, major acts specifically protected by the freedom of assembly are the preparation for, and the position, direction, participation in, and place and time of the assembly. As such, the organizer may freely decide on the subject, purpose, place and time of the assembly (see the foregoing Order 200Hun-Ba67, 83 (Joint)).

② The place of assembly has a special symbolic meaning. In other words, in general, the place of assembly is determined as a place where an object intended to oppose the assembly (such as a nuclear power plant, waste incineration plant, etc.) is located, or where an event providing an opportunity for the assembly occurred (for example, the office building of a State agency that issued the determination of the problem). Moreover, since the purpose and contents of the assembly are generally in close relationship with each other, there are many cases where the selection of the place of assembly is decided on the outcome of the assembly. If an assembly is moved into a place where three people are not paid attention by state power or an opinion expressed in the assembly, the importance of the place is clearly revealed in the freedom of assembly (see, e.g., Supreme Court Decision 208Hun-Ba for the purpose and effect of the assembly to effectively determine the meaning of the freedom of assembly (see, e.g., Supreme Court Decision 200Hun-Ba for the purpose and effect of the assembly).

③ The purpose of the instant assembly is to confirm that the prohibited area of this case is a space in which the freedom of assembly is guaranteed under the Constitution and to inform citizens of this fact, and as the instant prohibition area is closely related to the purpose and contents of the instant assembly, it is very important for police officers to see that there is a close relation to the instant assembly, the object of which is to ensure the freedom of assembly. Thus, the instant assembly is a place where a peaceful and non-vicious assembly and demonstration is restricted and prohibited by the Constitution in India.

④ Article 12(1) of the Assembly and Demonstration Act provides that “The head of the competent police authority may prohibit an assembly or demonstration on major roads of major cities, if deemed necessary for the purpose of traffic communication, or restrict it by attaching conditions to maintain the order of traffic.” However, in order to restrict an assembly by attaching conditions to maintain the order of traffic pursuant to Article 12(1) of the Assembly and Demonstration Act, where a specific or unspecified number of persons form a common opinion and temporarily gather at a certain place for the purpose of externally expressing it, an assembly which is held for the purpose of externally expressing it, may not in itself cause inconvenience to the general public, or interfere with traffic communication, unless the assembly is held at any place without the passage of the assembly.” The restriction on the freedom of assembly guaranteed by the Constitution may only be limited to cases where it is essential for the protection of important legal interests.

In this case, considering the following facts: ① the Plaintiff included the instant prohibition zone that the Plaintiff reported as the place of assembly, and the width is 4 to 5 meters, whereas the instant prohibition zone is merely about 1.5 meters, which is from the instant chemical group to the street block for the visually disabled, and ④ The instant report submitted as the original high-priced level, the number of participants expected to participate in the instant assembly is not only more than 30 persons, but also the assembly is scheduled to sit inside the assembly and sit or go in a form that is likely to interfere with the passage of citizens, and the collection of goods, such as ample, screen, etc., such as ample, etc.,, which are likely to be used in the right side of the Seodaemun-do, cannot be seen as seriously impeding the flow of surrounding traffic even if the instant assembly was held in the instant prohibition zone.

⑤ In the instant lawsuit, the Defendant appears to have added the grounds to the effect that: (a) it is highly probable that ○○○○○○○○○’s subrogation was illegally committed for more than one year from April 2012, 201; (b) it may cause physical conflicts with the members of Jung-gu Office who intend to install a tent and a fright, and remove it; or (c) it may cause collective assault and damage in front; and (d) there is a need to prohibit assemblies in the instant prohibited area. However, the reason that the Defendant initially used as the grounds for the instant disposition is likely to directly cause the surrounding traffic flow; (e) it is difficult to view that the aforementioned grounds are identical in light of the social factual relations, which form the basis for the instant disposition, and thus, it is difficult to deem the Defendant as the grounds for the foregoing disposition to be prohibited from being added to the above grounds ( even if additional grounds are permitted, the organizer of the instant assembly is the owner of the instant motor vehicle, who is a public organization that belongs to the Plaintiff, for the purpose of the assembly’s assembly or assembly’s unlawful development of society.

④ Article 38(1) and (2) of the Road Act, Article 28(5) of the Enforcement Decree of the Road Act, and Article 2 of the Ordinance of this case provide for structures, goods, or facilities subject to permission to occupy and use a road. Since the instant objects do not fall under any of them, it is deemed that they are not subject to permission to occupy and use a road.

In addition, Article 68 of the Road Traffic Act provides a prohibited act on the road, and among them, Article 68 of the Road Traffic Act provides that "any person shall not leave without permission any things that may interfere with the traffic on the road," and it is difficult to view it as "the use of the table, chair, fat, etc. on the road without permission when holding a meeting."

Thus, the plaintiff's claim of this case is reasonable, and it is so ordered as per Disposition by admitting it.

shall be ruled.

Judges Kang Jeong-hee

Judges Jeon Sung-sung

[Reforest 1] [Reforest 2] * The part of India within approximately 1.5 meters in width from the boundary of the fleet to the boundary of the chemical (Provided, That the direction of Korean language is about 3 meters (3 meters in width) [1] and [2] of the forest, the part inside the rapid color tamper, as marked on the tamper boundary of the forest - the part from the tamper boundary of the forest to the block in braille for disabled persons with a yellow disability]

* In the above forest the street the street block in braille for the disabled and the outer part of the block for the disabled are not included in the place of assembly (in addition, it is planned to actively cooperate so as not to cause inconvenience to the passage of the disabled).

* The assembly of this case will be carried out in the form in which the participating attorneys and citizens are sitting or standing inside the assembly place.

* An assembly article, such as vial, ample, simple table, screen, etc., is expected to be used mainly on the front side of the Korean language (3m wide).

Attached Form 23

A person shall be appointed.

Attached Table 4

Relevant statutes

▣ 집회 및 시위에 관한 법률

Article 6 (Report, etc. on Outdoor Assembly and Demonstration)

(1) Any person who intends to hold an outdoor assembly or demonstration shall hold an outdoor assembly or demonstration a report stating all the following matters in relation thereto:

A demonstration shall be submitted to the chief of the competent police station from 720 hours to 48 hours: Provided, That an outdoor assembly shall be submitted.

If the place of demonstration or demonstration falls under the jurisdiction of two or more police stations, it shall be submitted to the commissioner of the competent local police agency

institution shall be placed under the jurisdiction of at least two local police agencies and shall be placed under the jurisdiction of the commissioner of a district police agency having jurisdiction over the host area

shall be withdrawn.

1. Objectives;

2. Date and time (including necessary hours);

3. Place;

4. The following resignations concerning the organizer (in the case of an organization, including the representative thereof), the person in charge of liaison, and order keepers:

(a) Address;

(b) Name;

(c) Occupation;

(d) Contact information;

5. Organization and persons scheduled to participate;

6. Methods of demonstration (including course and map);

(2) The head of the competent police station or the commissioner of the competent district police agency (hereinafter referred to as "head of the competent police agency") shall receive reports pursuant to paragraph (1).

A receipt stating the date and time of receipt shall be issued to the reporter immediately.

(3) Where the organizer ceases to hold an outdoor assembly or demonstration reported pursuant to paragraph (1), he/she shall file a house mentioned in the report.

The head of the competent police authority shall notify the head of the competent police authority of such fact before the date.

(4) The head of the competent police authority in receipt of the notification under paragraph (3) shall hold an assembly or demonstration for which a notice of prohibition has been given pursuant to Article 8 (2)

In cases of notification, the organizer shall immediately notify the fact under paragraph (3) to the organizer in receipt of such notification of prohibition.

(5) Upon receipt of the notification under paragraph (4), the organizer shall hold the assembly or demonstration as reported first.

may commence an assembly or demonstration: Provided, That if the time has been set due to a notice of prohibition, etc., the date and time shall be newly set;

Any assembly or demonstration may be held after submitting a report to the head of the competent police authority 24 hours prior to the following.

Article 8 (Notice of Prohibition of, or Restriction on, Assembly or Demonstration)

(1) The head of the competent police authority who has received a report pursuant to Article 6 (1) shall hold an outdoor assembly or demonstration reported as follows:

In any case, an assembly or demonstration shall be prohibited within 48 hours after the date on which the report was received.

B. A notice may be given to the organizer: Provided, That an assembly or demonstration shall be made by means of collective assault, intimidation, damage, fire prevention, etc.

Where a direct risk to public peace and order exists, a new assembly or demonstration for the remaining period of time;

Even after the lapse of 48 hours from the receipt of a written complaint, a notice of prohibition may be issued.

1. Where it is deemed that Article 5 (1), the main sentence of Article 10, or Article 11 is violated;

2. When he/she fails to supplement matters to be stated in a report under Article 7 (1);

3. Where it is deemed that such assembly or demonstration is prohibited under Article 12;

(2) The head of the competent police authority shall, in cases where two or more reports are filed in which the time and place of the assembly or demonstration overlap, objective thereof.

paragraph (1) of this Article shall apply to assemblies or demonstrations received later, if such assemblies or demonstrations are deemed to be in conflict or interference with each other.

corresponding notice of the prohibition of assembly or demonstration may be given.

(3) In any of the following cases, the relevant resident or manager requests the protection of facilities or places:

notice of the prohibition or restriction of the assembly or demonstration. In this case, notice of the prohibition of the assembly or demonstration shall be given.

Paragraph (1) shall apply mutatis mutandis to the case.

1. A place entered in the report under Article 6 (1) (hereafter referred to as "place for report" in this paragraph) is a residential area of another person;

B. A similar place where an assembly or demonstration causes serious damage to property or facilities or privacy;

(S) Where it is likely to seriously undermine the peaceful sea area of the resident;

2. Right to study through an assembly or demonstration as an area around a school under Article 2 of the Elementary and Secondary Education Act;

Where it is obviously likely to infringe on an interest;

3. Areas in the vicinity of military installations under subparagraph 2 of Article 2 of the Protection of Military Bases and Installations Act;

Where an assembly or demonstration is likely to cause serious damage to the performance of facilities or military operations;

(4) Notice of the prohibition or restriction of an assembly or demonstration shall be given in writing, specifying the reasons therefor.

service must be made to the person.

Article 9 (Objection, etc. against Notice of Prohibition of Assembly and Demonstration)

(1) The organizer of an assembly or demonstration shall hold the assembly or demonstration at the relevant police agency within ten days after he/she is notified of the ban under Article 8.

Any objection may be raised to the head of the immediately higher-level police office.

(2) Upon receipt of a complaint under paragraph (1), the chief of a police agency shall immediately file a receipt stating the date and time of receipt to the appellant.

shall make a ruling within 24 hours after receipt of the order. In this case, 24 hours after receipt of the order.

If a written ruling is not sent within the deadline, the notification by the head of the competent police authority shall lose its effect retroactively.

(3) A person who has filed an objection pursuant to paragraph (2) shall either be deemed illegal or unreasonable to serve as a notice of prohibition or lose its effect.

may hold an assembly or demonstration as initially reported: Provided, That a notice of prohibition, etc. shall be given at the time;

an assembly or demonstration may be reported to the head of the competent police authority at least 24 hours prior to the commencement of the assembly or demonstration.

may hold an assembly or demonstration.

Article 12 (Restriction on Traffic Communication)

(1) The head of the competent police authority shall transport an assembly or demonstration on the main roads of major cities prescribed by Presidential Decree.

If deemed necessary for communication, it may be prohibited or restricted by attaching the conditions for maintaining the order of traffic.

(2).

(2) Where the organizer of an assembly or demonstration appoints moderators and drives along the road, he/she shall prohibit him/her from doing so under paragraph (1).

not, however, that there is a concern that serious inconvenience to traffic by impeding the traffic flow between the road in question and its neighboring roads;

If any, a ban under paragraph (1) may be imposed.

▣ 집회 및 시위에 관한 법률 시행령

Article 12 (Assembly and Demonstration on Main Roads of Major Cities)

(1) The scope of major roads of major cities under Article 12 (1) of the Act shall be as specified in attached Table 1.

(2) The head of the competent police authority shall hold assemblies or demonstrations on the major roads of major cities pursuant to Article 12 (1) of the Act.

State to specify the terms and conditions in writing where restrictions are imposed to maintain traffic order;

notice to the least person.

[Attachment 1]

Major roads of major cities (related to Article 12 (1))

1. General roads;

A person shall be appointed.

▣ 도로법

Article 2 (Definitions)

(1) The terms used in this Act shall be defined as follows:

1. The term "road" means a road provided for general traffic, which is listed in Article 8;

4. The term "road appurtenances" means the preservation of road structures, securing of safe and smooth road traffic, and the management of roads.

facilities or structures necessary for the Corporation, which fall under any of the following items:

(a) A road sign, a re-mark, a repair area sign, a road boundary sign and a road sign;

(c) Protective fences, roadside trees or street lamps, which are installed by a road management agency;

(c) Parking lots or storage areas for materials for repair of roads, which are located adjacent to roads, and such facilities comprehensively;

Road management offices established by the road management agency;

(d) Road information apparatuses, weather observation apparatuses or emergency communication facilities installed by a road management agency;

Of others

(e) Others prescribed by Presidential Decree;

(2) The roads referred to in subparagraph 1 of paragraph (1) are integrated into tunnels, bridges, ferry terminals (supply wharfs), elevators used as roads, and roads, respectively.

Facilities or structures to maximize utility, including those prescribed by Presidential Decree, and road appurtenances.

Article 8 (Kinds and Grades of Roads)

The kinds of roads shall be as follows, and the grades thereof shall be as follows in the order of priority:

1 National Expressways

2. National highways;

3. Special Metropolitan City roads (special City/Do roads) and Metropolitan City roads (Metropolitan City/Do roads);

4. Local highways;

5. City/Do (City/Do).

6. Gun roads (Gun roads);

7. Gu roads (Gu roads).

Article 38 (Occupation and Use of Roads)

(1) New construction, reconstruction, alteration or removal of structures, goods or other facilities in a road zone or causes other purposes.

Any person who intends to occupy and use roads shall obtain the permission of the road management agency. Any person who intends to extend or alter permitted matters.

same shall also apply in case of paragraph (1).

(2) The types of structures, objects, and other facilities, standards for permission to occupy and use roads, etc. that can be obtained under paragraph (1).

Necessary matters shall be prescribed by Presidential Decree.

(3) A person who has obtained permission to occupy and use roads under paragraph (1) shall complete works that involve excavation of roads or alteration of the form and quality thereof.

Pro-friendly, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That the Presidential Decree shall apply.

the completion drawings when the construction of major underground underground facilities (hereinafter referred to as "major underground facilities") is completed;

B. He/she shall submit it to the management agency of the B, and the management agency shall keep and manage such information, as prescribed by Ordinance of

of this section.

(4) If the management agency grants permission to occupy and use any road with any major underground facilities, it shall do so.

Notice shall be given to the manager of an buried object.

(5) Where a person who has obtained permission to occupy and use a road under paragraph (1) intends to perform excavation works on the road in which major underground facilities exist

The manager of major underground facilities shall implement the construction in the presence of the manager.

(6) New installation, reconstruction, or alteration of structures, articles, or other facilities prescribed by Presidential Decree (including access roads to and exit of vehicles).

In order to occupy and use roads for removal or other purposes, permission to occupy and use roads under paragraph (1) shall be granted.

A person shall prepare measures to prevent accidents for pedestrians, including the installation of safety signs, as prescribed by Presidential Decree.

section 23(3).

▣ 도로법 시행령

Article 2 (Road Accessories)

"Those prescribed by Presidential Decree" in Article 2 (1) 4 (e) of the Road Act (hereinafter referred to as the "Act") means the following structures installed by a road management agency referred to in Article 20 of the Act (hereinafter referred to as "management agency"):

1. On the road, the snow-preventive equipment or snow-preventive equipment (excluding snow-preventive equipment);

2. Facilities that prevent the outflow of earth and sand or the falling of stone on roads;

3. Facilities that maintain drivers' attention;

4. Facilities used to collect and manage the tolls of toll roads;

5. Rest facilities installed to promote the use of roads (gas stations, filling stations, traffic, tourism information centers, and truck drivers;

service facilities built on national highways for purposes of this section and waiting rooms;

6. Communication devices used in facilitating road management;

7. Common ditches;

8. Underpasses or overpasses;

9. Soundproof facilities (including soundproof forests);

10. Facilities for measuring the volume of traffic and for controlling traffic;

11. Facilities for the anti-road border prevention, anti-slock prevention, and vehicle control facilities;

12. Research facilities installed in connection with roads (explosive to roads) for the development of technology related to roads and the improvement of quality;

Article 3 (Roads)

"Facilities prescribed by Presidential Decree" in Article 2 (2) of the Act means the following facilities or structures:

1. Tramways;

2. Breast walls, embankment facilities, drainage and road ditches;

3. Facilities installed on the surface of the water which facilitate ferry traffic.

Article 28 (Application for Permission of Occupation and Use)

(1) A person who intends to obtain permission under Article 38 (1) of the Act shall submit an application stating the following matters to a management agency:

It shall be submitted through a document. In such cases, the period of occupation and use, the structure, etc. of a structure or facility shall be occupied and used for the occupancy and use place.

Matters concerning the use shall meet the standards under attached Table 1-2.

1. Objectives of occupation and use;

2. A small place and area of occupancy and use site;

3. Periods of occupation and use;

4. Structure of structures or facilities;

5. Methods of installing the facilities;

6. Time of works;

7. Restoration methods of roads; and

(2) Where the occupation and use of a road entails the excavation of the road, the ex post facto management of major underground facilities.

Planning (limited to cases where the applicant is a manager of major underground facilities) and deliberation and resolution by the Road Management Council under Article 34;

Documents concerning safety measures, etc. reflecting the results of mediation shall be attached.

(3) Where the management agency grants permission on application under paragraph (1), it shall issue a certificate of permission to the applicant and details of permission.

A public announcement shall be made, and a permit register shall be prepared and managed, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That it shall be

Where the occupation and use of roads does not result in the excavation of roads, public announcement of permitted matters may be omitted.

(4) A person who has obtained permission to occupy and use roads accompanying road excavation works at a place easily visible to people during construction period.

The contents of the permission must be stated.

(5) Permission to occupy and use roads under Article 38 (2) of the Act (in cases of occupation and use related to other national projects under Article 5 of the Act).

(1) The types of structures, goods, and other facilities that may be subject to consultation or approval shall be as follows:

1. Antenna poles, electrical wire base stations, radio telephone terminals, terminal boxes for composite cable broadcasting, and mobile phones for exclusive use of transmission;

Electric vehicle charging facilities in the base station, solar power generation facilities, solar heat generation facilities, wind power generation facilities, and other similar facilities;

2. Water pipes, sewerage pipes, gas pipes, oil pipelines telecommunications pipes, heat pipes, underground settlement systems ( fish poppy straws), electric equipment, and cables;

New-gu common utility ducts, automatic water quality measuring facilities, and others similar thereto;

3. A gas station parking lot, passenger vehicle terminal, freight terminal, automobile repair shop, passenger fluorries cargo storage room, and other resting places;

similar to those of this Act and advanced and access roads for this purpose

4. Railroads, tracks, and others similar thereto;

5. An underground shopping mall (a building defined in Article 2 (1) 2 of the Building Act, and the National Land Planning and Utilization Act;

Land of a passage, overpasses, and others similar thereto, which are established pursuant to Article 61 (1) of the Enforcement Decree of the Act on the Promotion of the Rate.

6. Signboards, flagpoles, parking meters, placards and arches;

7. Facilities and materials for construction works, such as a wooden wall, a plate, and a waiting room for construction works;

8. Offices, warehouses, parking lots, squares, parks, sports facilities, and others similar thereto installed under elevated highways;

(excluding offices, stores, etc. dealing with inflammable substances, such as oil, gas, etc.)

9. Temporary installation of structures, goods, and facilities referred to in subparagraphs 1 through 8;

Construction sites, other similar ones, and access roads and access roads therefor;

10. In addition to those provided for in subparagraphs 1 through 9, the road management agency has authority not to impede the safety of road structures and traffic.

정한 공작물 · 물건 ( 식물을 포함한다 ) 및 시설로서 국토교통부령 또는 해당 관리청의 조례로 정한 ▣ 서울특별시 중구 도로점용허가 및 점용료 등 징수 조례

Article 1 (Purpose)

The purpose of this Ordinance is to prescribe matters necessary for the occupation and use of roads, occupation and use fees, compensation, and imposition and collection of administrative fines by the head of the Jung-gu Seoul Metropolitan Government pursuant to the Enforcement Decree of the Road Act and the Enforcement Rule of the same Act.

Article 2 (Permission to Occupy and Use Roads)

Structures, things, and other facilities subject to permission to occupy and use roads (hereinafter referred to as "road") determined by the Do management authority pursuant to Article 24 (5) 9 of the Enforcement Decree of the Road Act (hereinafter referred to as the "Decree"), shall be as follows:

1. Advertising towers, advertising boards, private guidance signs, and others similar thereto;

2. Street sales stand, oral repair stand, integrated distribution stand of living information maps, and others similar thereto: Provided, That the integrated distribution of living information maps shall be made;

ce shall be limited to those jointly produced by the living information branch.

3. Customary markets publicly announced by the head of Jung-gu Seoul Metropolitan Government (hereinafter referred to as the "head of the Gu") as they require environmental improvement projects.

Facilities similar thereto, such as pentyang, rain opening facilities, signboards, etc.

▣ 도로교통법

Article 2 (Definitions)

The terms used in this Act shall be defined as follows:

1. The term "road" means any of the following:

(a) Roads provided for in the Road Act;

(b) A toll road provided for in the Toll Road Act;

(c) A rural road under the Rural Road Improvement Act;

(d) An open area actually made available to many and unspecified persons, motor vehicles, and horses;

Places where safe and smooth traffic needs to be secured;

Article 68 (Prohibited Acts, etc. on Roads)

(1) No one shall operate signal apparatuses or remove or damage traffic safety facilities without permission, or remove or damage them.

No Tong safety facilities or other similar artificial structures shall be installed on a road.

(2) No one shall leave Articles on the road which impede the traffic flow of the road without permission therefor.

(3) No person shall commit any of the following acts:

1. Act of sticking on a road under the influence of liquor;

2. Act of lying, sitting or standing on a road in such a manner as to be likely to obstruct the traffic;

3. Plotting games, such as a ball or riding sled on a road on which the traffic is frequent;

4. Throwing a stone, a glass bottle, a metal scrap, or any article that is likely to damage motor vehicles and horses on a road;

(b) Launching;

5. Throwing articles out of any motor vehicle or any horse traveling along a road;

6. Jumping onto, clinging to, or hanging from any motor vehicle or any horse traveling along a road;

7. Other activities designated and publicly announced by the commissioner of the competent district police agency as deemed necessary to prevent danger to traffic.

6. End.