1인 시위의 문제점과 개선방안

A 'one-person demonstration' is a kind of act of expressing one's own protest. Accordingly, a 'one-person demonstration' does not belong to the protected area of 'freedom of assembly', which is the freedom of collective expression of opinion under Article 21, Paragraph 1 of the Constitution, but to the protected area of 'freedom of speech and publication', which is the freedom of individual and individual expression of opinion. Nor does it meet the requirement of ‘multiple persons‘, as stipulatedin Article 2, No. 2 of the Law on Assembly and Demonstration. In light of this, it is not reasonable to continue to use the term 'one-person demonstration' in our society. Therefore, it is desirable to appropriately replace it to 'one-person protest' instead of 'one-person demonstration' and such in the future. Meanwhile, this the 'one-person demonstrator' may be cateogrized as an 'original one-person demonstrator' or as a 'transformative one-person demonstrator', the latter including types such as ‘relay protestors’ and ‘human band demonstrators.’ The problems of these various types of one-person demonstrator and the desirable improvement plans for each in the future are largely divided into two and presented as follows. First, in light of the legislation regulatingserious noise disturbances cased by one-person demonstrators under the Public Order Act of the United Kingdom, Korea shall punish any person who falls under Article 3, Paragraph 2, No. 5 of the Misdemeanor Punishment Law, for example, a fine of up to 200,000 won, detention, or minor fine, if the "original one-person demonstrator" emits excessive noise that violates the attached second table of the noise standards of loudspeakers, etc. under Article 14 of the Enforcement Decree in this same law and Article 14, Paragraph 1 of the Law on Assembly and Demonstration … 5. (Violation of police regulations by one-person demonstrator who emits excessive noise) It is desirable to introduce a new provision that one-person demonstrator who violates the asterisk’s two of the noise standards of loudspeakers, etc. under Article 14 of the Enforcement Decree in this same law and Article 14, Paragraph 1 of the Law on Assembly and Demonstration violates regulations such as suspension of the use of loudspeakers or temporary storage of loudspeakers by the police. In addition, it is desirable to strengthen the protection of the public peace and order in the future by introducing a new regulation that imposes a "penalty of 160,000 won" in violation of Article 3, Paragraph 2, No. 5 of this same law in the attached table of Article 2 of the Enforcement Decree of the Misdemeanor Punishment Law. Second, in the future, it is desirable to strengthen the protection of public peace and order by improving the new preliminary protest report under Article 6, Paragraph 1 of the Law on Assembly and Demonstration in cases where there is an internal bond or functional domination of actions that allows several people to know or know each other to hold assembly or demonstration for the same or similar purpose for a certain period of time (including those who want to hold outdoor assembly or demonstration,including those where several people know or know each other for the same or similar purpose, and take turns close to each other for a certain period of time or at regular intervals).