Criteria for determining assemblies and demonstrations falling under Article 3 (1) 4 of the Assembly and Demonstration Act;

The Assembly and Demonstration Act has the fundamental spirit of protecting peaceful assemblies or demonstrations in a democratic society as well as maintaining public peace and order, and is likely to destroy public safety and order and cause social confusion, it constitutes an assembly or demonstration which is likely to cause considerable social anxiety, and it shall be determined in full view of all the circumstances, such as the place, purpose, mode, contents, etc. of the assembly or demonstration.

Articles 1 and 3(1)4 of the Assembly and Demonstration Act

Supreme Court Decision 86Do1785 Decided October 14, 1986, Supreme Court Decision 87Do434 Decided April 28, 1987

Defendant

Defendant

Seoul Criminal Court Decision 86No1363 delivered on November 13, 1986

The appeal is dismissed.

We examine the grounds of appeal.

The Assembly and Demonstration Act has the fundamental spirit not only to protect peaceful assemblies or demonstrations in a democratic society, but also to maintain public peace and order. If there is a concern about the risk of destroying public safety and order and causing social confusion, it constitutes an assembly or demonstration which is likely to cause social uncertainty, and it shall be determined by comprehensively taking into account all the circumstances, such as the place, purpose, mode, contents, etc. of the assembly or demonstration. In light of this standard of judgment, it is just that the court below has taken the defendant against the defendant as a preliminary crime of an assembly or demonstration under Article 3 (2) and (1) 4 of the above Act, and there is no error of law such as a theory of lawsuit.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jae-hee (Presiding Justice)