TITLE	Supreme Court en banc Decision 2008Do7562 Decided June 23, 2011¡¼Interference with Business¤ýViolation of the Assembly and Demonstration Act¡½ [full Text]
Summary
[1] Whether the Constitutional Court¡¯s ruling of inconsistency with the Constitution as to the provision on prohibiting outdoor demonstrations at nighttime is deemed a decision of unconstitutionality (affirmative), and whether the above provision is retroactively null and void (affirmative) [2] [Majority Opinion] Where the lower court convicted the Defendant on charges of organizing an outdoor nighttime demonstration by applying the main text of Article 23 subparag. 1 and Article 10 of the Assembly and Demonstration Act, but the Constitutional Court subsequently rendered a ruling of inconsistency with the Constitution as to the above legal provisions and called for a legislative amendment to be made within a certain time period, which did not take place, the case holding that the above legal provisions must be deemed to be retroactively null and void, and thus, should find the Defendant not guilty of the indicted charges of this case [Concurring Opinion by Justice Ahn Dai-hee, Justice Shin Young-chul, and Justice Lee In-bok] In this case, the relevant provisions become retroactively null and void from the day after the legislative amendment period expires, and as such, a judgment of acquittal should be pronounced

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