The appeal is dismissed.

The grounds of appeal are examined.

1. The Constitution stipulates the freedom of assembly and association as one of the fundamental rights of the people, and prohibits the permission system therefor (Article 21). The Constitution provides that the freedom and right of the people can be restricted by law only when it is necessary for national security, maintenance of order, or public welfare.

(2) Article 37(2) of the Assembly and Demonstration Act (hereinafter “Act”) provides that “Any person who intends to hold an outdoor assembly or demonstration shall file a prior report on certain matters with the chief of the competent police station, etc. (Article 6(1)) to punish a person who violates his/her duty (Article 22(2)).” Here, “an outdoor assembly” refers to an assembly at a place where there is no ceiling or all sides are not closed.”

(Article 2 subparag. 1 of the Assembly and Demonstration Act provides that the head of the competent police station shall report certain matters in advance to hold an outdoor assembly or demonstration. The purpose of the provision is to protect legitimate outdoor assembly or demonstration by ascertaining the nature, size, etc. of the outdoor assembly or demonstration in advance by the report, and to prepare prior measures to maintain public safety and order by preventing conflict or infringement with the legal interests of others or communities by the outdoor assembly or demonstration.

(See Supreme Court Decision 2010Do15797 Decided December 22, 2011). Meanwhile, an assembly subject to guarantee and regulation under the Assembly and Demonstration Act refers to “a temporary gathering of a specific or unspecified number of people by forming their common opinions and expressing them externally” (see, e.g., Supreme Court Decision 2010Do11381, May 24, 2012). An assembly at a place where there is no ceiling or an erosion control is not closed, is located in a place where the general public can freely pass through. The location and width of the place, form, and participant.