The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

1. In full view of the constitutional value and function of the freedom of assembly, the constitutional spirit that declared the prohibition of permission for assembly, the purport of the prior report system regarding outdoor assembly and demonstration, etc., it cannot be readily concluded that an outdoor assembly or demonstration is not allowed to be held beyond the scope of protection of the Constitution solely on the ground that it does not report or is at night.

Therefore, Article 20(1)1 and 2 of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”) subject to dispersion order as “an assembly or demonstration in violation of the main sentence of Article 10” and “an assembly or demonstration in violation of Article 6(1)” and “an assembly or demonstration in violation of Article 6(1)” does not provide for separate dispersion requirements, the outdoor assembly or demonstration may order dispersion pursuant to the above provision only when the outdoor assembly or demonstration clearly poses a direct danger to the legal interests of others or public peace and order. Only if the order of dispersion meeting such requirements is not complied with, it shall be deemed that it can be punished pursuant to Article 24 subparag. 5 of the Assembly and Demonstration Act

Article 20(1) of the Assembly and Demonstration Act provides that with respect to any of the following assemblies or demonstrations, the head of the competent police authority may demand voluntary dispersion within a considerable period of time, and may order dispersion if he/she fails to comply therewith. Article 20(2) provides that all participants shall immediately dissolve when an assembly or demonstration is ordered to be ordered under paragraph (1). Under the interpretation of the relevant provision, when the head of the competent police authority issues an dispersion order, he/she must specifically notify whether the cause for dissolution falls under any of the subparagraphs of Article 20(1) of the Assembly and Demonstration Act:

(See Supreme Court Decision 2011Do7193 Decided February 9, 2012, see Supreme Court Decision 2011Do7193).