최근의 집회 및 시위에 관한 법률 개정안에 대한 헌법적 고찰

First of all, the latest revised bill of law on assembly and demonstration, proposed by Choe Byeong-guk, a member of the National Assembly as the representative on May 19, 2009, is valid constitutionally since the scope of event place for freedom of assembly may unjustly restricted due to creation of maintenance line of order, to define the case of creation of maintenance line of order is applied to essential elements in the restriction of basic rights such as freedom of assembly. Next, the latest revised bill of law on assembly and demonstration, proposed by Jin Seong-ho, a member of the National Assembly as the representative on May 13, 2009, is not valid constitutionally by the following reason. In other words the foresaid revised bill of the words of serious damage herein is too vague so it is contrary to void for vagueness doctrine. And the foresaid revised bill is valid for Head of the Cultural Properties Administration to permit within the scope of adjustment of interests between the majority users and the scope of minimum requirement to protect the cultural properties. Last, the latest revised bill of law on assembly and demonstration, proposed by Kang Gi-jeong, a member of the National Assembly as the representative on May 13, 2009, is valid constitutionally by the following reason. it is agreed with the principle of balancing test to protect freedom of assembly, the right of likeness, and right to self-determination of private information.