「집회 및 시위에 관한 법률」 상 소음규정에 대한 문제점과 개선방안

On weekends, the place where people gather, it opens a lot of assemblies without fail. They are making voices and making claims to the government, to private organizations, or to citizens. Assembly and demonstration are important acts of freedom of expression, and ‘sound’ is an important means of expressing opinions. By the way, noise is the most popular complaint in the assembly and demonstration. What is the problem that noise complaints are raised despite noise regulations in the Assembly and Demonstration Act? Even if the noise regulations are observed under the Assembly and Demonstration Act, noise damage is occurring. The purpose of this article is to suggest ways to improve the noise-related regulations under the Assembly and Demonstration Act to ensure the free assembly of assembly parties and to reduce the noise damages of nearby residents. Because the current Assembly and Demonstration Act only defines the volume of sound, I review the problem of damage caused by continuous and repetitive noise, the problem of instantaneous noise within the noise standard, the noise problem caused by the outdoor assembly at night, and the problems with noise violations with no penalty provisions. Because of the current Assembly and Demonstration Act only defines the volume of sound, there are problems such as damage caused by continuous and repetitive noise, the momentary high noise occurring within the noise standard, the noise problem caused by outdoor gathering at night, and the problems with noise violations with no penalty provisions. Reviewing the noise management cases of foreign assembly and demonstration to these problems, such as the regulation of noise stop time, submission of application for noise permit, regulation of the momentary high noise, timely segmentation of noise regulations, and the establishment of selective fines for violations, We suggest ways to improve and hope to establish an autonomous and peaceful culture of advanced assembly and demonstration.