집회 및 시위에 대한 경찰권 행사의 근거 및 한계

The Basic and Limitation for the Exercising of the Police Power against Assembly and Demonstration

The freedom of the assembly, guaranteed by §21 of the Constitution, is the most important basic rights for its realization of democracy. Especially, for the small groups or lower classes who have relatively Fewer opportunities to access the opinions or been restricted in the ways such as expression of their rights, thoughts, the assemblies and demonstrations are the most effective legal ways of making up their rights. To the assemblies and demonstrations of political issues, the police had no choice but to suppress those activities. Because of the reactions to those suppressions, the assemblies and demonstrations would be getting intensely and unlawful and public denounced the police for their repressive measures against these activities. The purpose of this research was to find out problems in exercising the police powers restricting the freedom of assembly by considering the basis and limits of the exercising the police power, and the exercising the police authorities.