The judgment below

Among them, the Defendant violated the Assembly and Demonstration Act due to the “participation in Night Outdoor Assembly”.

1. The decision of the court below on the summary of the grounds for appeal (the fine of 300,000 won) is too unreasonable.

2. Determination

A. The summary of the facts charged is that no person holds an outdoor assembly or demonstration after sunset. However, the Defendant, at around 13:24:40 on February 24, 2007, as the representative of the 13th F organization and the Vice-Chairperson of the South Korean Headquarters of the 14th G organization, H, the Vice-Chairperson of the 14th G organization, was arrested by a warrant of arrest in violation of the National Security Act (e.g., impulcing, etc.) and detained in the Seoul Seongbuk North Korean Police Station, the Defendant was willing to hold a visit to urge H’s release. 60 visitors, such as students belonging to the I Party Students’ Committee, etc. from around 18:20 on February 24, 2007 to 19:35 on the same day, the Defendant held the 411 Seoul Seongbuk-gu Police Station, and held the 7th meeting with the knowledge of the National Security Act’s abolition and abolition of the National Security Act and held the Hak’s release.

B. Upon ex officio determination, the lower court convicted the Defendant of violating the Act by participating in night outdoor assemblies among the facts charged in the instant case by applying Article 20 Subparag. 3 and the main text of Article 10 of the former Assembly and Demonstration Act (wholly amended by Act No. 8424, May 11, 2007; hereinafter “former Assembly and Demonstration Act”).

On April 24, 2014, which was following the pronouncement of the lower judgment, the Constitutional Court rendered a decision that “The part on Article 10 of the former Assembly and Demonstration Act and Article 10 main text of the former Assembly and Demonstration Act among Article 20 subparag. 3 of the former Assembly and Demonstration Act shall be unconstitutional, which applies to an outdoor assembly or demonstration from sunset to 24 days from the same day.”

The decision of the Constitutional Court is made with respect to “an outdoor assembly or demonstration” under the above provisions of the former Assembly and Demonstration Act, and the part pertaining to “from sunset time to 24:00 on the same day.”