집회 및 시위에 관한 법률상 집회·시위소음 규제 조항의 문제점 및 개선방안

The freedom of assembly should be protected as much as possible under clause 1 of article 21 of the Constitution of Korea. Therefore, the state should protect the noise of the assembly and demonstration as much as possible. However, since the freedom of an assembly is not absolutely protected, it can be restricted to the minimum by clause 2 of article 37 of the Constitution. Clause 1 of article 14 and number 4 of article 24 of the current law on an assembly and a demonstration and 2 an annexed list of article 14 of the Enforcement Decree of this law has a problem of unfairly limiting the freedom of an assembly. Therefore, it is desirable to improve this noise regulation provisions of law on an assembly and a demonstration in the future as follows. First, it is desirable to establish a clear regulation on the definition, type and form of loudspeakers in clause 1 of article 14 of law on an assembly and a demonstration in the future. Second, it is desirable to establish a clear regulation on whether the noise of the assembly and demonstration will be subject to sanctions or regulations of police when the noise of the assembly and demonstration larger than the size of the background noise of the assembly and demonstration’s place in clause 1 of article 14 of law on an assembly and a demonstration and 3 of 2 an annexed list of article 14 of the Enforcement Decree of this law in the future. Third, it is desirable to establish a new regulation that can regulate the background noise level of the daytime more than the nighttime of the assembly and demonstration’s places in clause 1 of article 14 of law on an assembly and a demonstration and 2 an annexed list of article 14 of the Enforcement Decree of this law in the future. Fourth, it is desirable to establish a maximum allowable decibel regulation of the assembly and demonstration by distinguishing between morning and evening time zones, daytime zones, and nighttime zones in clause 1 of article 14 of law on an assembly and a demonstration and 2 an annexed list of article 14 of the Enforcement Decree of this law in the future. Fifth, it is desirable to establish a new regulation that distinguishes by weekday, weekend and holiday in clause 1 of article 14 of law on an assembly and a demonstration and 2 an annexed list of article 14 of the Enforcement Decree of this law in the future. Sixth, it is desirable to establish a new regulation that distinguishes the number of participants and the size of the assembly and demonstrations in clause 1 of article 14 of law on an assembly and a demonstration and 2 an annexed list of article 14 of the Enforcement Decree of this law in the future. Seventh, it is desirable to revise this regulation that penalty can be imposed in addition to punishment such as imprisonment, fines, detention and fines depending on the situation in number 4 of article 24 of law on an assembly and a demonstration in the future. Meanwhile, in order to protect the health rights of others from the noise of the assembly and demonstration, it is desirable to establish a new regulation that can properly regulate the duration of noise of the assembly and demonstration and the time of suspension in clause 1 of article 14 of law on an assembly and a demonstration and 2 an annexed list of article 14 of the Enforcement Decree of this law in the future.