president and the former president's residence to resolve legislative deficiencies due to
changes in the law after the relocation of the presidential office and to protect the people's
right to peace.165)
The Constitutional Court declared on Dec. 22 that the provision concerning the
presidential residence in Article 11(3) of the Assembly and Demonstration Act was
unconstitutional.166) This seems to have a similar purpose167) with the previous decisions in
which the provisions on the National Assembly Building, various courts, and Prime
Minister's office, which did not have proviso provisions, were each determined to be
unconstitutional. Some media expressed an opinion criticizing the amendment to the
Assembly and Demonstration Act, which is being promoted by agreement between the
ruling and opposition parties, and the addition of the presidential office and former
president's residence to the no assembly zone under Article 11 of the Assembly and
Demonstration Act based on the above decision of the Constitutional Court.168)
B) Controversy Over Expanding the No Assembly Zone Through Amending Article
11 of the Assembly and Demonstration Act
Freedom of assembly is freedom of communication in a collective form. By exercising
this, people with the same opinion gather in one place to express their intentions and
participate in forming public opinion. The reason for Article 21(2) of the Constitution
fundamentally prohibiting the assembly permit system is to guarantee the freedom of
assembly, which is an indispensable fundamental element in a democratic society, as much
as possible, along with the freedom of speech and the press.169)
The Assembly and Demonstration Act is a law that specifies the standards for restrictions
on assembly and demonstration so that the guarantee of the right to assembly and
165) Korean National Police Agency Press Release, Nov. 17, 2022.
166) Constitutional Court, Decided on Dec. 22, 2022, 2018HunBa48, 2019HunGa1
167) It violated the principle of excessive prohibition by setting the area near the presidential residence as a no assembly
zone, even places where prohibition is not necessary and by prohibiting small-scale assemblies that are unlikely to
turn into a large scale assembly or demonstrations.
168) Kyunghyang Shinmun, “Welcoming Constitutional Nonconformity Over Prohibition of Assemblies Within 100m of
the Presidential Residence,” Dec. 22, 2022.
169) Constitutional Court, Decided on Oct. 30, 2003, 2000HunBa67 En Banc Decision.
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