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. 64

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