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(영문) 서울중앙지방법원 2015.04.07 2014노4642
도로교통법위반등
Text

The Defendants’ appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of legal principles or factual errors);

A. An order of dissolution may be issued only when a failure to report is clearly likely to cause a direct danger to the legal interests of others or public peace and order, even if the assembly or demonstration violates the Assembly and Demonstration Act.

However, the Defendants attempted to enter the crosswalks when green etc. turned on the crosswalks due to their passive resistance, and attempted to enter the crosswalks, and obstructed the suppression of the police, and went out of the relief by asserting and fostering the freedom of assembly and demonstration. Thus, the Defendants cannot be deemed to have clearly caused direct danger to the legal interests of others or public peace and order.

Therefore, the dispersion order issued on the ground that the assembly of this case was a non-reported assembly does not meet the requirements for the dispersion order.

B. As to the violation of the Road Traffic Act, even if the assembly of this case interferes with the traffic of the road, it is inevitable to occur in exercising the freedom of assembly and demonstration, which is the fundamental right guaranteed by the Constitution, and it constitutes a justifiable act that can be accepted by social norms within the reasonable extent necessary to achieve the purpose of assembly

2. Determination

A. In full view of the constitutional value and function of the freedom to hold a judgment on the argument on the violation of the Assembly and Demonstration Act, the constitutional spirit that declared the prohibition of permission to hold an assembly, the purport of the reporting system under the Assembly and Demonstration Act, etc., the report is significant in providing specific information on assemblies to an administrative agency to ensure cooperation in the maintenance of public order, but it is not changed into an application for permission to hold an assembly. Thus, the outdoor assembly or demonstration is allowed to be held beyond the protection of the Constitution solely on the ground that the report was not filed.

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