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(영문) 서울행정법원 2018.04.13 2017구합83645
옥외집회금지통고처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On November 1, 2017, the Plaintiff conducted a demonstration in India on the following grounds: (a) the Defendant; (b) approximately 100 members of the number of the organizations other than the Plaintiff, including the Plaintiff, from November 10, 2017 to July 22:00 of the same day; and (c) the purpose of holding the “defluence and withdrawal of the placement of a Cheongdae Ho-man” from November 7, 2017 to November 7, 2017; and (d) the Plaintiff filed a report on an outdoor assembly (rupture) with the purport of holding the “defluence and withdrawal of the placement of a Cheongdae Ho-man Lo Loi” (hereinafter “instant assembly”).

B. On November 3, 2017, the Defendant issued a notice prohibiting the assembly of this case pursuant to Article 12(1) and (2) of the Assembly and Demonstration Act on the ground that “The part of the reported routes constitutes a major road under the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”), and on the day of the report, the U.S. President’s decision is anticipated to be the date of the report, and there is a need for traffic control in the place of the reported assembly and the walking path, and there is concerns over the danger of security for the sake of security, etc.

(hereinafter referred to as “instant disposition”). (c) The instant disposition

On November 3, 2017, the Plaintiff filed an application with this Court for the suspension of execution of the instant disposition under 2017 A12848. On November 6, 2017, this Court decided to suspend the execution of the instant disposition until the instant judgment is rendered.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 8 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination on the defense prior to the merits

(a) The details of the relevant statutes are as shown in the attached statutes;

B. The Plaintiff held the instant assembly as planned by the Plaintiff according to the Defendant’s decision to suspend the execution of the Defendant’s defense prior to the merits.

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