1. With respect to a traffic obstruction in general traffic, Article 185 of the Criminal Act shall be punished by imprisonment for not more than ten years or by a fine not exceeding 15 million won;

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The purpose of general traffic obstruction is to punish not only damage or influence of land, etc., but also all acts that make it impossible or considerably difficult to pass by interfering with traffic by other means (see Supreme Court Decision 2003Do4485, Oct. 10, 2003, etc.). Freedom of assembly and demonstration is a fundamental right of a citizen guaranteed by the Constitution, and it is likely to unfairly restrict the freedom of assembly and demonstration in cases of applying the obstruction of general traffic under the Criminal Act to the participants of assembly and demonstration.

However, the general traffic obstruction method is comprehensively prescribed as above. However, when an assembly or demonstration on the road is conducted on the road, taking into account the risk of direct infringement of the traffic safety of the general public, the assembly or demonstration may constitute a general traffic obstruction, unless there are any special circumstances.

Even if an assembly or demonstration which has completed lawful reports pursuant to the Assembly and Demonstration Act (hereinafter “the Assembly Act”), if it exceeds the initial report scope, or if it makes it impossible or considerably difficult to pass by interfering with road traffic due to serious violation of the conditions under Article 12 of the Assembly and Demonstration Act, it constitutes a crime of interference with general traffic under Article 185 of the Criminal Act (see, e.g., Supreme Court Decision 2006Do755, Nov. 13, 2008). However, even in this case, it does not necessarily constitute a crime of interference with general traffic by a participant as a matter of course.