On the other hand, it is also necessary to consider the opinion that a legislative response is
necessary for damage to nearby residents due to hate speech at assemblies and excessive
noise. However, in principle, regulation of substance, not the format, of an assembly is
prohibited,176) and since the level of noise can be assessed differently depending on the
measuring method, a careful discussion is needed on how to respond to such problems.
As such, the Assembly and Demonstration Act seems to require consideration and social
consensus from various perspectives. However, it is regrettable that the expansion of the no
assembly zone is being pursued only through an agreement between the ruling and
opposition parties, rather than the National Assembly trying to bring about social consensus
on whether restricting assembly near the presidential office is the minimum invasion,
whether the former president's residence performs the constitutional function at the same
level as other institutions related to the no assembly zone under Article 11 of the Assembly
and Demonstration Act, or whether other provisions of the Assembly and Demonstration
Act need to be amended to suit the current situation in Korea.
176) UN Human Rights Committee General Comment No. 37 (2020).
67
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