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(영문) 대법원 2015.09.10 2014도6393
일반교통방해
Text

The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. According to Article 12(1) of the Assembly and Demonstration Act and Article 12(2) of the Enforcement Decree of the Assembly and Demonstration Act, the head of the competent police authority may prohibit an assembly or demonstration on the major roads of major cities prescribed by Presidential Decree, if deemed necessary to ensure traffic flow, or restrict the assembly or demonstration with conditions attached thereto for maintaining traffic order. In cases of restricting the assembly or demonstration with conditions attached to maintaining traffic order, the head of the competent police authority shall notify the organizer in writing specifying the relevant conditions.

The notification of the conditions for maintaining traffic order under Article 12(1) of the Assembly and Demonstration Act is different from the notification of the prohibition and restriction of an assembly or demonstration under Article 8 of the Assembly and Demonstration Act. In light of the detailed methods of notification, details, and the relationship between the recipient and the organizer, etc., if the notification of transport conditions under Article 12 of the Assembly and Demonstration Act reaches an objective state where the organizer becomes aware of such details by reaching the organizer or the person in charge of liaison with the organizer in a substantial manner, the method of serving the notification of prohibition and restriction under Article

It should be viewed valid as a notification of legitimate transport conditions.

(See Supreme Court Decision 2013Do4485 Decided December 26, 2013, and Supreme Court Decision 2012Do14625 Decided August 27, 2015). 2. In full view of the reasoning of the lower judgment and the evidence duly admitted, the following circumstances are revealed.

On August 23, 2011, the National Metal Trade Union (hereinafter referred to as the "MMMMMMM") shall hold a "Seoul Local Police Agency on the date and time of the opening of the Seoul Local Police Agency on August 27, 2011: 00:0-23:59 on August 28, 2011 (on August 27, 201) to August 28, 2011; the venue of holding: 45 branches, such as an independent door: The chairperson of the metal labor union; the person responsible for liaison: The director of the I Organization Bureau; the number of persons to participate: 30,00 persons to participate; the method of demonstration: tobacco coordinate, relief system, speech, publicity, cultural events, etc.

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