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| TITLE | Supreme Court Decision 2012Do14137 Decided March 13, 2014【Violation of the Assembly and Demonstration ActㆍGeneral Traffic Obstruction】 [full Text] |
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| Summary | |
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[1] Where a specific ground for dispersion is not notified in the dispersion order, or where dispersion is ordered with notice of an illegitimate ground under Article 20(1) of the Assembly and Demonstration Act, whether non-compliance with such an order can be held as a violation of Article 20(2) of the above Act (negative) [2] Criteria to determine the identicalness of the reported outdoor assembly or demonstration under the Assembly and Demonstration Act with the actnal outdoor assembly or demonstration that took place, and the elements to establish an unreported demonstration where the organizer of an outdoor assembly or demonstration committed an act in considerable deviation from the reported scope [3] Where the Defendant participated in the demonstration, occupied the road, marched, received a dispersion order from the competent police authority on the ground that the demonstration was unreported, but disobeyed, and was charged with violation of the Assembly and Demonstration Act (hereinafter “the Act”), the case holding that the lower court erred in convicting the Defendant by misapprehending the legal principles, since the demonstration which was the basis of the order can hardly be seen as one that occurred despite prohibition or without report, and non-compliance with such a dispersion order based on the failure to report a demonstration does not constitute an offense of violating the Act |
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