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

The grounds of appeal are examined.

Article 20(1)2 of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) does not provide for separate dispersion requirements when an outdoor assembly or demonstration subject to a dispersion order is not reported, the said outdoor assembly or demonstration may be ordered to dissolve pursuant to the said Article only when it clearly poses a direct risk to another person’s legal interests or public peace and order, and only when it refuses to comply with such requirement, it shall be punished pursuant to Article 24 subparag. 5 of the Assembly and Demonstration Act.

Unlike this, if it is interpreted that an outdoor assembly or demonstration can be dissolved solely on the ground that the report is not filed, it is in fact an operation of the prior report system like the permission system, and thus, it infringes on the freedom of assembly.

(2) In light of the aforementioned legal principles, the lower court should have deliberated and determined whether the Defendants’ failure to comply with the dispersion order constitutes a violation of the Assembly and Demonstration Act, by deeming that the Defendants’ failure to report constitutes a violation of the Assembly and Demonstration Act, as long as the Defendants’ assembly was an unreported assembly. However, in light of the aforementioned legal doctrine, the lower court should have deliberated and determined whether the Defendants’ failure to comply with the dispersion order constitutes a violation of the Assembly and Demonstration Act, and accordingly, should have determined whether the Defendants’ failure to comply with the dispersion order, as indicated in the instant facts charged.

In the end, the court below erred by misapprehending the legal principles as to non-compliance with the dispersion order of the Assembly and Demonstration Act, which affected the conclusion of the judgment. The ground of appeal assigning this error is justified.

Therefore, without further proceeding to decide on the remaining grounds of appeal, the judgment of the court below shall be reversed, and the case shall be remanded to the court below for further proceedings.