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(영문) 서울행정법원 2017.04.20 2016구합81536
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 22, 2016, the Plaintiff submitted a written report to the Defendant on the assembly that “from November 25, 2016 to 18:00, to 23:59, the Cheongmunmun Seo Seo Seo Seogmung (e.g., e., departure) was carried out using two laness of the Cheongmungmung (i.e., automatic Rindo), and (ii) was to hold an assembly at the place of departure and destination (hereinafter “instant assembly”).

B. On November 23, 2016, the Defendant notified the Plaintiff of the condition that the Plaintiff would restrict assemblies and demonstrations within the Cheongdo Residents’ Center’ Center’s assembly and demonstration, based on Article 12 of the Assembly and Demonstration Act (hereinafter “Act”).

hereinafter referred to as "disposition of this case"

(c) On November 25, 2016, this Court rendered a decision to suspend the execution of the instant disposition until the instant judgment is rendered (2016 A. 12445). [In the event there is no dispute over the grounds for recognition, the entries in Gap’s 1, 2, and Eul’s 1, 2, and 3, and the purport of the entire pleadings.]

2. As to the legitimacy of the instant lawsuit, the Defendant held the instant assembly as originally reported by the Plaintiff according to the decision to suspend the execution of the instant lawsuit, the Plaintiff’s defense of safety that there was no interest or legal interest in the lawsuit seeking the revocation of the instant disposition.

Article 9(3) of the Assembly and Demonstration Act provides that if a notice of prohibition of an assembly or demonstration is judged to be illegal or unfair, or becomes invalid, an assembly or demonstration may be held as reported first. However, if the time is set due to a notice of prohibition, etc., it may be held by reporting the date and time to the head of the competent police authority 24 hours prior to commencement of the assembly or demonstration.

However, if the effect of the notification of prohibition of assembly was suspended and it was possible to hold an assembly or demonstration at the scheduled time and place, it is reasonable to deem that the purpose was achieved.

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