맞불집회의 제한과 한계에 관한 소고

We are taking a step further towards the formation of a sound rally and demonstration culture, including candlelight vigils. Nevertheless, critical opinions on rallies and demonstrations are still being raised, and it is believed that various papers that have studied them have achieved considerable results, such as approaching problems and solutions. However, the existing research is mainly focused on the analysis of social and legal issues related to the exercise of police power over a single rally/demonstration, and it can be said that it is relatively lacking in multiple rallies, especially in the context of counter-rallies. Therefore, this paper attempted to examine the constitutional meaning and limitations of the confrontation. Specifically, it examines the concept of counter-assessment, the constitutional meaning, the comparison of assembly and counter-assessment, the “permission” of Article 21 (2) of the Constitution, Article 8 of the Assembly and Protest Act, and the possibility of restrictions on counter-assessment. Today's frequent news gatherings can also lead to a feeling of refusal depending on what point of view we are looking at. In other words, if one side of the rally is supported in the mind, it would be natural that the rallies held on the other side seem uncomfortable. However, the opposition rally, defined as'the gathering held by temporally and temporally adjacent groups with political ideologies that oppose precedent gatherings', is a typical form of freedom of expression guaranteed by the Constitution, and furthermore, diversity and coexistence It is said that the principle of democracy for Korea is a normal implementation and does not assume the state's involvement in the possibility of holding a opposition rally.