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| TITLE | Supreme Court Decision 2011Do2393 Decided March 28, 2013¡¼Violation of the Assembly and Demonstration Act¡½ [full Text] |
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| Summary | |
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[1] In a case where the nature and purpose of an outdoor assembly that took place without prior notification constitutes an assembly as provided by Article 15 of the Assembly and Demonstration Act, whether it can be punished as an un-notified outdoor assembly (negative); and the standard for determining which assembly constitutes an assembly as provided by Article 15 of the same Act [2] In a case where Defendant was indicted for holding an un-notified outdoor assembly as a matter of law by presiding over a gathering which protested the government¡¯s rejection of a notification to set up a labor union through a performance-style flash mob with ten or more members of an online community at a place where multiple general citizens pass by, the case affirming the judgment below that found Defendant guilty on the ground that in light of the surrounding circumstances, the aforementioned gathering actually constitutes an outdoor assembly as provided by Article 2 subparag. 1 of the same Act, and thus the gathering is subject to the duty of prior notification |
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