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(영문) 서울서부지방법원 2016.01.21 2015고정920
집회및시위에관한법률위반
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. Defendant A is the director of the education and publicity division of the D Trade Union E branch.

A person who intends to hold an outdoor assembly or demonstration shall submit a report stating all the matters referred to in the subparagraphs of Article 6 (1) of the Assembly and Demonstration Act (hereinafter referred to as the "Act") to the head of the competent police station from 720 hours to 48 hours before commencing the outdoor assembly or demonstration.

Nevertheless, on May 13, 2014, the Defendant held an outdoor assembly (hereinafter referred to as “instant assembly”) in India near Yongsan-gu Seoul Special Metropolitan City, where more than 30 members of the D Union E branch offices of the D Union are engaged in relief, creation of a community, and progress of society (hereinafter referred to as “instant assembly”) and did not report the assembly to the competent police station.

2. Comprehensively taking account of the following circumstances acknowledged by the record of judgment, it is difficult to find that the facts charged in this case, based on the evidence submitted by the prosecutor, was proven beyond reasonable doubt, to the extent that the Defendant was the organizer of the instant assembly.

A. As to the facts charged in the instant case, the prosecutor brought a public prosecution by applying Articles 22(2) and 6(1) of the Assembly and Demonstration Act, and the relevant provisions of the Assembly and Demonstration Act are as follows.

Article 2 (Definitions) The definitions of terms used in this Act shall be as follows:

3. The term " promoter" means a person or organization taking part in an assembly or demonstration under his/her own name and under his/her responsibility;

The organizer may have a supervisor (person in charge) separately to entrust him/her with the management of the conduct of an assembly or demonstration.

In such cases, the person in charge shall be deemed the organizer within the scope of delegation.

Article 6 (Report, etc. on Outdoor Assembly or Demonstration) (1) A person who intends to hold an outdoor assembly or demonstration shall submit a report stating all the following matters related thereto to the head of the competent police station from 720 hours to 48 hours prior to the commencement of the outdoor assembly or demonstration:

(hereinafter referred to as "nomenclature") Article 22 (Penalty Provisions) (2) an assembly or demonstration in violation of Article 5 (1) or 6 (1) or notification of prohibition pursuant to Article 8 shall be held.

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