영국의 집회시위 규제권한의 실효성 확보 움직임에 대한 고찰: 「2021년 경찰, 범죄, 양형 및 법원에 관한 법률안」을 중심으로

Currently, there are ‘Public Order Act 1986’ as basic law and ‘Police Reform and Social Responsibility Act 2011’ as supplementary law for regulations of assemblies and processions in the UK. However, in the ‘Police, Crime, Sentencing and Courts Bill 2021’ submitted to the House of Commons in March this year, the two current laws are revised significantly, implying a departure from the position of minimizing the regulations of assemblies and processions. To summarize the changes, these are ①establishment of imposing conditions on noise regulation, ② expansion of the scope of imposing conditions on public assemblies, ③ reinforcement of punishment for non-compliance with conditions, ④ establishment of imposing noise regulation conditions for ‘one-person protest’ and of additional regulations of imposing conditions, ⑤preparation of delegation to enact detailed Regulations on the meanings of 'Serious disruption to the life of the community' and 'Serious disruption to the activities of an organisation which are carried on in the vicinity of the procession(due to noise)’, ⑥expansion of the spatial scope of the ‘controlled areas’, ⑦designation of acts that obstruct the passage of vehicles entering and exiting the parliament as ‘prohibited activities’, and ⑧ preparation of delegation to enact Regulations on the designation of a new ‘controlled area’ when relocating the parliament building. These changes are to secure the effectiveness of the regulatory powers over assemblies and demonstrations. This study aimed to analyze the bill in detail based on the understanding of the current British assembly and procession laws, and to preemptively identify the changes expected. Furthermore, predicated on this micro-analysis and understanding, it investigated the changes in the regulations for management of assemblies and processions from a macroscopic point of view, and also briefly presented policy implications for Korea.