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Opinions on Freedom of Assembly and Association [2004] KRNHRC 43 (1 September 2004)

Article 21 of the Constitution stipulates that all citizens enjoy the freedom of assembly
and association and that licenses are not required for assemblies and associations. The
Commission concluded that major provisions of the bill on the Amendment to the
Assembly and Demonstration Act, including the requirements for notification by
demonstrators to the proper authorities before their assemblies and for notification of
cancellation of assemblies and marches along major roads, were incompatible with Article
21 of the Korean Constitution as they excessively limit the freedom of assembly.

In November 2003 the Commission expressed opinions that the Commission was against the
provisions and that the provisions should be reconsidered. The opinions were accepted only in part.
In accordance with the revision of the Act, a bill on the amendment to the enforcement
decree and enforcement regulations of the Act was drafted. The Commission examined the
bill and found that problems in the revised Assembly and Demonstration Act were also in
the bill on the amendment to the enforcement decree and enforcement regulations of the
Act. The Commission once again presented opinions on the bill on the amendment to the
Act. In particular, the standards for noise, which are regulated in the enforcement decree,
are uniform regardless of the size of assembly or demonstration, which in effect substantially
restricts the freedom of assembly and demonstration.

The Assembly and Demonstration Advisory Committee, which provides advice on prohibitions or
restrictions of assemblies or demonstrations, can actually restrict the freedom of assembly.
For this reason, the Commission issued its opinions that definite provisions on the standards
for noise and organization and the operation of the Assembly and Demonstration Advisory Committee
should be prepared. The Korea National Police Agency did not accept the opinions of the
Commission, and the revised bill was promulgated and put into effect in September 2004.