적대적 청중과 표현의 자유 －집회목적의 공공시설 사용에 관한 일본 최고재판소의 법리를 중심으로－

This study examines legal disputes arising from the refusal of public facility use for assemblies due to opposition from dissenting groups. The Supreme Court of Japan, by adapting the U.S. Supreme Court’s “hostile audience doctrine,” established that refusal of public facility use is generally impermissible when organizers intend a peaceful assembly, unless an objectively imminent and unpreventable danger caused by dissenting groups cannot be prevented even through police control. This doctrine underscores strict scrutiny in freedom of expression cases but remains limited to ordinance interpretation rather than constitutional review. The underlying rationale－preventing “the heckler’s veto” and protecting democratic discourse－invites consideration of its broader applications to online disruptions and private facilities. Korean judiciary has occasionally faced similar disputes but have yet to engage with this doctrine, which may serve as a useful reference for the adjudication of administrative refusals, the constitutional review of underlying regulatory frameworks, and the legislative reforms in the future.