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TITLE Supreme Court en banc Decision 2010Do6388 Decided April 19, 2012¡¼Violation of the State Public Officials Act and the Assembly and Demonstration Act¡½ [full Text]
Summary
[1] Where a public school teachers¡¯ expression of collective opinion constitutes a ¡°collective act beyond official duties¡± prohibited by Article 66(1) of the State Public Officials Act (hereinafter ¡°Act¡±) and standard of its determination
[2] Where the Defendants (teachers) were indicted on charof violating the former Act by engaging in ¡°a collective act beyond official duties¡± by conspiring with the Korean Teachers and Educational Workers Union (¡°KTU¡±) executives to pursue and get actively involved in the First and Second Rounds of Declaration in 2009 and the ¡°rally against the suppression of teacher/public officials¡¯ Declaration,¡± the case affirming the judgment below convicting them on the ground that the act constitutes ¡°a collective act beyond official duties¡± under Article 66(1)
[3] Whether dispersion may be ordered and any non-compliance punished for the mere reason that an outdoor assembly or demonstration was not reported in accordance with the Assembly and Demonstration Act (negative)
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