Seoul Seodaemun-gu

Standing Representative Do○○

Law Firm Lee & Lee, Counsel for defendant-appellant

Attorney Yang Hong-seok, Counsel for the plaintiff-appellant

Litigation Performers Kim Jong-chul

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

A. On October 27, 2015, the Plaintiff submitted a report under Article 6 of the Assembly and Demonstration Act (hereinafter “Act”) to hold an outdoor assembly as listed below (hereinafter “instant outdoor assembly”). The Plaintiff submitted a report to the Defendant on October 27, 2015, in order to hold the following outdoor assembly as follows: the date and time, venue, each of the “date and place of holding the instant assembly”, and “place of holding the instant assembly” (hereinafter “Act”).

B. The defendant's holding place of this case constitutes a place where assembly is prohibited under Article 11 of the Assembly and Demonstration Act.

A person shall be appointed.

B. On October 29, 2015, the Defendant issued the Plaintiff a notice of prohibition of the instant outdoor assembly (hereinafter “instant disposition”) on the ground that the instant holding place constitutes a place prohibited from assembly under Article 11 of the Assembly and Demonstration Act, and the grounds for the Defendant’s determination as above are as follows.

1. The venue of the holding of the instant case is within one hundred meters from the boundary of the U.S. Embassy.

② Inasmuch as the Plaintiff’s motion to place a private seal, and continued to engage in activities for criticism of the United States, it is evident that the instant outdoor assembly was subject to the U.S. Embassy.

③ The date and time of the instant conference is likely to infringe upon the functions and well-being of the said Embassy when the U.S. Embassy holds the conference as it falls under a usual day for which it performs its duties.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Relevant statutes

The entries in the attached Table-related Acts and subordinate statutes are as follows.

(b) Markets:

1) According to Article 11 subparag. 4 of the Assembly and Demonstration Act, an outdoor assembly shall not be held at a place within 100 meters from the boundary of the office building of a diplomatic organization. However, in a case where a diplomatic organization is not subject to diplomatic organization, ② a case where there is no possibility of spreading due to large-scale assembly or demonstration, ③ a case where a diplomatic organization is held on a holiday that does not have the duties of a diplomatic organization falls under any one of the cases where it is held, and where it is recognized that there is no possibility of infringing on the functions or well-being of a diplomatic

2) In full view of the purport of the entire pleadings, the facts of Gap evidence Nos. 3 through 8, and Eul evidence Nos. 3 are recognized as the same.

① From February 2015 to September 2015, the Plaintiff held an outdoor assembly at the instant venue (except April 1, 2015 and August 2015) (only around 52 meters away from the boundary of the U.S. Embassy). The Plaintiff participated in approximately 50 persons each time to hold an outdoor assembly or operate an outdoor assembly, and there is no example in which the number of people inside 50 persons was increased to a large scale of a demonstration or a rate of violence.

② After the instant disposition, the Plaintiff reported to hold an outdoor assembly by moving the place of the assembly from the boundary of the U.S. Embassy to the south of 100 meters or more away from the point of the U.S. Embassy to India, and held an outdoor assembly on five occasions from November 2015 to March 2016. In particular, activities, such as diskettes demonstration, survey, promotional material distribution, etc. were mainly conducted (in lieu of the instant outdoor assembly, the front of the 193 U.S. Embassy, which was held on November 17, 2015, was concluded as the said small peaceful assembly).

3) According to the above facts, there was no case where the Plaintiff, prior to the instant disposition, held an outdoor assembly in the vicinity of the instant place and caused a large-scale demonstration, etc., thereby obstructing the business operation of a foreign diplomatic institution or threatening the physical safety of diplomats (the examples cited by the Defendant seem to vary in the purpose, place, organizer, etc. of the instant outdoor assembly and assembly), and even after the instant disposition was issued, it is difficult to view that there is a possibility that even if an outdoor assembly is held at the location of the instant place, it might be spread by a large-scale assembly or demonstration, or that it would infringe on the functions and security of a foreign diplomatic institution. Accordingly, the instant outdoor assembly constitutes exceptional grounds for permission that may be held in the vicinity of a foreign diplomatic institution pursuant to the proviso to Article 11 subparag. 4 of the Act at the time of its establishment.

On a different premise, the instant disposition should be revoked as it is unlawful.

3. Conclusion

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.

Judges Kim Jong-Un

Judges Kim Tae-won

▣ 집회 및 시위에 관한 법률

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

(1) When an outdoor assembly or demonstration reported in accordance with Article 6 (1) falls under any of the following subparagraphs, the head of the competent police authority who has received the report may notify the largest person of his/her prohibition of the assembly or demonstration within 48 hours after receipt of the report: Provided, That where the assembly or demonstration poses a direct threat to public peace and order due to collective violence, intimidation, destruction, fire prevention, etc., he/she may issue a notification of the prohibition of the assembly or demonstration for the remaining period even after 48 hours from receipt of the report:

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

Article 11 (Places Prohibited for Outdoor Assembly and Demonstration)

No person shall hold any outdoor assembly or stage any demonstration at a place within 100 meters from the boundary of any of the following office buildings or residences:

4. Diplomatic offices or residences of heads of diplomatic missions in the Republic of Korea: Provided, That where it falls under any of the following items:

time when it is deemed that there is no possibility of infringing on the functions or well-being of diplomatic agencies or residences of diplomatic missions; and

shall not be subject to any provision of this section.

(a) Where it is not directed at the diplomatic offices or residences of heads of diplomatic missions;

(b) Where it is unlikely to spread due to a large-scale assembly or demonstration;

(c) Where a diplomatic institution is held on a holiday on which no diplomatic institution’s operations are available. The end;