Article 1(Purpose) #
The purpose of this Act is to achieve an appropriate balance between the guarantees of the right to assemble and demonstrate and public peace and order by guaranteeing the freedom of lawful assemblies and demonstrations and protecting citizens from unlawful demonstrations.
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Dec. 22, 2020>
1. The term "outdoor assembly" means an assembly in a place that has no roof or covering or is in an open space with none of its four sides closed;
2. The term "demonstration" means an act of a group of persons associated under common objectives parading along, or displaying their will or vigorous determination in, public places available for the free movement of the general public, such as roads, plazas, parks, etc., with the aim of exerting influence on the opinions of a large number of unspecified persons or overwhelming them;
3. The term "organizer" means a person or organization holding an assembly or staging a demonstration in that person or organization’s name and with his or her or its own responsibility; the organizer of an assembly or demonstration may designate a general supervisor to entrust with the management of the conduct of such assembly or demonstration. In such cases, the general supervisor shall be treated as the organizer in so far as he or she performs duties within the limitations of the entrusted responsibility;
4. The term "moderator" means a person designated by the organizer in order to assist the organizer in conducting an assembly or demonstration in an orderly manner;
5. The term "police line" means a boundary marker, such as a cordon, barricade, traffic lane, etc., which the chief of the competent police station or the commissioner of the competent City/Do police agency has set up by setting boundaries around a place in which an assembly or demonstration takes place or in a section of a road along which a parade is proceeding, in order to protect a lawful assembly and demonstration, to maintain public order and to ensure smooth flow of traffic;
6. The term "police agency" means a national police agency.
Article 3(Prohibition of Obstruction of Assembly and Demonstration) #
(1) No one shall interfere with a peaceful assembly or demonstration or disrupt its order by means of violence or threat or by any other means.
(2) No one shall obstruct the organizer and the moderator of an assembly or demonstration in the course of the performance of their duties under the provisions of this Act by means of violence or threat or by any other means.
(3) In cases where it is feared on reasonable grounds that a peaceful assembly or demonstration may be interfered with, the organizer of the assembly or demonstration may notify the competent police agency of such risk and request its protection. In this case, the head of the competent police agency shall not decline such request for protection without any justifiable reason.
Article 4(Exclusion of Specified Person from Participation) #
The organizer and the moderator of an assembly or demonstration may exclude a specified person or organization from participating in the assembly or demonstration: Provided, That they shall guarantee free access by a reporter belonging to a media organization, but in this case he or she shall display an identification card, and wear an armband indicating that he or she is a reporter.
Article 5(Ban of Assemblies and Demonstrations) #
(1) No one shall hold any assembly, or stage any demonstration, which falls under any of the following subparagraphs:
1. An assembly held or a demonstration staged in an attempt to obtain the achievement of objectives of a political party that has been dissolved by the decision of the Constitutional Court;
2. An assembly or demonstration which clearly poses a direct threat to public peace and order by inciting collective violence, threats, destruction, arson, etc.
(2) No one shall conduct any propaganda campaign for such assembly or demonstration as is banned under paragraph (1) or incite people to hold such assembly or stage such demonstration.
Article 6(Report on Outdoor Assembly or Demonstration) #
(1) Any person who desires to hold an outdoor assembly or to stage a demonstration shall, from 720 to 48 hours before such assembly or demonstration is held, submit a report on the details in all the following subparagraphs to the chief of the competent police station: Provided, That if two or more police stations have jurisdiction over such assembly or demonstration, such report shall be submitted to the commissioner of the competent City/Do police agency, and if two or more City/Do police agencies have jurisdiction over it, such report shall be submitted to the commissioner of the competent City/Do police agency exercising jurisdiction over the place where it takes place: <Amended on Dec. 22, 2020>
1. Objective;
2. Date and time (including hours involved);
3. Place;
4. The following matters concerning the organizer (in the case of an organization, including its representative), the person in charge of liaison, and moderators:
(a) Address;
(b) Name;
(c) Occupation;
(d) Contact information;
5. Organizations expected to participate and the estimated number of participants;
6. Methods of demonstration (including a route map).
(2) Upon receipt of the report referred to in paragraph (1), the chief of the competent police station or the commissioner of the competent City/Do police agency (hereinafter referred to as the "head of the competent police agency") shall forthwith issue a certificate of receipt specifying the date and time of receipt to the person submitting the report. <Amended on Dec. 22, 2020>
(3) If it is decided that the outdoor assembly or demonstration that has been reported under paragraph (1) will not be held or staged, the organizer of the assembly or demonstration shall submit a cancellation report stating reasons for cancellation, etc. to the head of the competent police agency 24 hours before the scheduled date of the assembly or demonstration as specified in the report. <Amended on Jan. 27, 2016>
(4) If the head of the competent police agency, upon having received the cancellation report as provided for in paragraph (3), has banned any assembly or demonstration under Article 8 (3), the police agency head shall forthwith notify such fact as referred to in paragraph (3) to the organizer of such assembly or demonstration who was issued with a notice of ban. <Amended on Jan. 27, 2016>
Article 7(Complement of Report) #
(1) In cases where the head of the competent police agency has found the report under Article 6 (1) lacking in the required details, he or she may, within 12 hours from the issuance of a certificate of receipt, give the organizer of the assembly or demonstration instructions to complement the required details of the report within a time limit of 24 hours.
(2) The instructions for complementing the report as referred to in paragraph (1) shall be notified in writing, specifying matters to be complemented; such instructions shall be given to the organizer of the assembly or demonstration or the person in charge of liaison.
Article 8(Notice of Ban of, or Restriction on, Assembly or Demonstration) #
(1) The head of the competent police agency who has received the report as provided in Article 6 (1) may, if such outdoor assembly or demonstration as reported to him or her falls under any of the following cases, notify its organizer of the ban of the assembly or demonstration within 48 hours after the receipt of the report: Provided, That in cases where an assembly or demonstration poses a direct threat to public peace and order by inciting collective violence, threats, destruction, arson, etc., he or she may, in respect of the remaining period of such assembly or demonstration, notify its organizer of the ban on the continuation thereof even after a lapse of 48 hours from the receipt of the report:
1. When it is deemed that such outdoor assembly or demonstration violates Article 5 (1), the main clause of Article 10, or Article 11;
2. When the required details under Article 7 (1) have not been complemented;
3. When it is presumed that such assembly or demonstration must be banned under Article 12.
(2) If at least two reports request the same time and place for assemblies or demonstrations or their objectives are deemed mutually contradictory or hindering, the head of the competent police agency shall endeavor to ensure that the relevant outdoor assemblies or demonstrations are held and carried out in a peaceful way without hindering each other, by recommending that each outdoor assembly or demonstration should use different time slits or spots or by coming up with other measures. <Amended on Jan. 27, 2016>
(3) If the recommendation under paragraph (2) is not accepted, the head of the competent police agency may notify a ban on an outdoor assembly or demonstration reported later than the other outdoor assembly or demonstration in accordance with paragraph (1). <Newly Inserted on Jan. 27, 2016>
(4) Where a ban is notified against an outdoor assembly or demonstration reported later under paragraph (3), a person who has reported earlier and thus is able to hold an outdoor assembly or demonstration shall notify the head of the competent police agency of such fact one hour before the relevant assembly or demonstration starts. <Newly Inserted on Jan. 27, 2016>
(5) If a resident in a specific place or an administrator of facilities who falls under any of the following subparagraphs requests such place or facilities to be protected, the ban of, or restriction on, any assembly or demonstration at such place or facilities may be notified. In such cases, paragraph (1) shall apply mutatis mutandis to the notification of the ban of the assembly or demonstration: <Amended on Dec. 21, 2007; Jan. 27, 2016>
Article 9(Complaint against Notice of Ban of Assembly and Demonstration) #
(1) The organizer of an assembly or demonstration may file a complaint with the head of the next superior authority to the competent police agency within 10 days after he or she is issued with the notice of ban under Article 8.
(2) The head of police agency who has received a complaint as referred to in paragraph (1) shall forthwith issue a certificate of receipt specifying the date and time of receipt to the demurrer concerned, and shall make a ruling within 24 hours after receipt of such complaint. Where no written ruling has been sent within 24 hours after receipt of such complaint, the notice of ban issued by the head of the competent police agency shall become void retroactively.
(3) If it is ruled that a notice of ban is unlawful or unreasonable or becomes void under paragraph (2), the demurrer concerned may hold the assembly or stage the demonstration in the same manner as was reported originally: Provided, That where such event has failed to keep to the scheduled time due to the notice of ban, etc., a new date and time may be arranged for the same assembly or demonstration to be held or staged, subject to a report to the head of the competent police agency on the holding of such event 24 hours before it takes place.
Article 10(Hours Prohibited for Outdoor Assembly and Demonstration) #
No one may hold any outdoor assembly or stage any demonstration either before sunrise or after sunset: Provided, That the head of the competent police agency may grant permission for an outdoor assembly to be held even before sunrise or even after sunset along with specified conditions for the maintenance of order if the organizer reports the holding of such assembly in advance with moderators assigned for such occasion as far as the nature of such event makes it inevitable to hold the event during such hours.
[Decision of nonconformity to the Constitution, 2008 Hun-Ga25, Sep. 24, 2009. The part regarding "outdoor assembly" in Article 10 of the Assembly and Demonstration Act, as wholly amended by Act. No. 8424 on May 11, 2007, and the part "outdoor assembly under the main clause of Article 10" in subparagraph 1 of Article 23 do not conform to the Constitution. The foregoing provisions shall continue to apply until no later than June 30, 2010, or until the legislature amends it, whichever comes earlier.]
[Decision of limited unconstitutionality, 2010 Hun-Ga2, Mar. 27, 2014. The part regarding "demonstration" in the main clause of Article 10 of the Assembly and Demonstration Act, as amended by Act. No. 8424 on May 11, 2007, and the part regarding "demonstration" in the "main clause of Article 10" out of subparagraph 3 of Article 23 are unconstitutional so long as they apply to "demonstrations that begin after sunset and last until 24th hour on the same date".]
Article 11(Places Prohibited for Outdoor Assembly and Demonstration) #
No person shall hold any outdoor assembly or stage any demonstration anywhere within a 100-meter radius from the boundary of the following office buildings or residences: <Amended on Jun. 9, 2020>
1. The National Assembly building: Provided, That this shall not apply in any of the following cases where the assembly or demonstration is deemed unlikely to undermine the functions or stability of the National Assembly:
(a) Where the assembly or demonstration is not likely to interfere with the activities of the National Assembly;
(b) Where the assembly or demonstration is not likely to escalate into a large-scale assembly or demonstration;
2. All levels of courts and the Constitutional Court of Korea: Provided, That this shall not apply in any of the following cases where the assembly or demonstration is deemed unlikely to undermine the functions or stability of all levels of courts and the Constitutional Court of Korea:
(a) Where the assembly or demonstration is not likely to influence the independence of a judge or a justice or his or her judgment in a specific case;
(b) Where the assembly or demonstration is not likely to escalate into a large-scale assembly or demonstration;
3. The Presidential residence and the official residences of the Speaker of the National Assembly, the Chief Justice of the Supreme Court, and the President of the Constitutional Court of Korea;
4. The official residence of the Prime Minister: Provided, That this shall not apply in any of the following cases where the assembly or demonstration is deemed unlikely to undermine the functions or stability of the official residence of the Prime Minister:
(a) Where the assembly or demonstration is targeted at the Prime Minister;
(b) Where the assembly or demonstration is not likely to escalate into a large-scale assembly or demonstration;
5. Diplomatic offices or residences of heads of diplomatic missions in Korea: Provided, That this shall not apply in any of the following cases where the assembly or demonstration is deemed unlikely to undermine the functions or stability of diplomatic offices or residences of the heads of diplomatic missions:
(a) Where the assembly or demonstration is not targeted at the relevant diplomatic offices or residences of the heads of relevant diplomatic missions;
Article 12(Restriction on Assembly or Demonstration for Smooth Flow of Traffic) #
(1) The head of the competent police agency may ban an assembly or demonstration on a main road of a major city as determined by Presidential Decree, or may restrict it, specifying conditions for the maintenance of traffic order if it is deemed to be necessary for smooth flow of traffic.
(2) If the organizer of an assembly or demonstration assigns moderators for the occasion of parading along the road, the ban as referred to in paragraph (1) shall not be ordered: Provided, That if such assembly or demonstration could cause obstruction to the smooth flow of traffic on the road concerned and other roads nearby, thus giving rise to serious inconvenience to traffic, the ban as referred to in paragraph (1) may be ordered.
Article 13(Setting-Up of Police Lines) #
(1) The head of the competent police agency who has received a report as provided in Article 6 (1) may set up a police line with a minimum part reserved for such police line if he or she deems it necessary for the protection of the assembly or demonstration and for the maintenance of public order.
(2) If the head of the police agency sets up the police line as provided in paragraph (1), he or she shall notify it to the organizer of the assembly or demonstration or the person in charge of liaison.
Article 14(Restriction on Use of Loud Speaker) #
(1) No organizer of any assembly or demonstration shall be permitted to produce any noise which causes serious harm to others by using such devices or instruments as loud speakers, drums, small or large gongs, etc. (hereafter in this Article, referred to as "loud speaker, etc.") and which is beyond the noise levels determined by Presidential Decree.
(2) If the organizer of any assembly or demonstration is causing harm to others by producing any noise that is beyond the noise levels under paragraph (1), the head of the competent police agency may order the organizer to reduce such noise levels or to suspend the use of such loud speaker, etc. or may take necessary measures, including the temporary seizure of the loud speaker, etc.
Article 15(Exclusion from Application) #
@Articles 6 through 12 shall not apply to assemblies related to sciences, art, sports, religion, rituals, promotion of friendship, entertainment, ceremonies of coming of age, marriage, funeral and ancestral worship, and national ceremonies.
Article 16(Matters to Be Observed by Organizers) #
(1) The organizer of an assembly or demonstration shall conduct the assembly or demonstration in an orderly manner.
(2) The organizer of an assembly or demonstration may designate persons who are eighteen years of age or older as moderators to assist him/ her in conducting the assembly or demonstration in an orderly manner.
(3) When the organizer of an assembly or demonstration fails to maintain such order as referred to in paragraph (1), he or she shall declare that the assembly or demonstration is concluded.
(4) The organizer of an assembly or demonstration shall not commit any act set forth in the following subparagraphs:
1. Bearing or using, or requiring other persons to bear or use, firearms, explosives, swords, iron bars, sticks, stones, or any other implements that may cause danger or harm to the life or physical safety of other persons;
2. Disrupting order by means of violence, threat, destruction, arson, etc.;
3. Obviously breaching the bounds of the reported objectives, date and time, place, method, etc.
(5) The organizer of an indoor assembly shall not commit any such acts as may attract outdoor participation from the surrounding neighborhood, including the setting up of a loud speaker, etc.
Article 17(Matters to Be Observed by Moderators) #
(1) The moderators of an assembly or demonstration shall endeavor to maintain order in the assembly or demonstration under the directions of the organizer of such assembly or demonstration.
(2) No moderators of any assembly or demonstration shall commit any act falling under any of subparagraphs of Article 16 (4).
(3) The moderators of an assembly or demonstration shall wear armbands, caps, shoulder belts, or coats so as to be easily distinguished by participants, etc. in the assembly or demonstration.
(4) The head of the competent police agency may adjust the number of moderators to an optimum number of persons in consultation with the organizer of the assembly or demonstration.
(5) In cases where the number of moderators is adjusted pursuant to paragraph (4), the organizer of an assembly or demonstration shall submit an amended list of moderators to the head of the competent police agency before the commencement of the assembly or demonstration.
Article 18(Matters to Be Observed by Participants) #
(1) Any person who participates in an assembly or demonstration shall obey the directions given by its organizer and its moderators to maintain order.
(2) No person who participates in an assembly or demonstration shall commit any act falling under Article 16 (4) 1 and 2.
Article 19(Access by Police Officer) #
(1) A police officer in uniform may have access to the place of an assembly or demonstration after notification to the organizer of the assembly or demonstration: Provided, That access to a place where an indoor assembly is held shall be limited to cases where there is an urgent need to perform his or her duty.
(2) The organizer of an assembly or demonstration, moderators, or the custodian of a place of such assembly or demonstration shall cooperate with police officers in the performance of their duties to maintain order.
Article 20(Dispersion of Assembly or Demonstration) #
(1) With respect to an assembly or demonstration as set forth in any of the following subparagraphs, the head of the competent police agency may demand the voluntary dispersion thereof within a reasonable time, and if such demand fails to be fulfilled, he or she may order dispersion: <Amended on Jan. 27, 2016>
1. Any assembly or demonstration in violation of Article 5 (1), main clause of Article 10, or Article 11;
2. Any assembly or demonstration which has not been reported under Article 6 (1), or which is banned under Article 8 or 12;
3. Any assembly or demonstration that has clearly threatened the maintenance of order, such as the smooth flow of traffic, etc., in violation of the restriction as provided in Article 8 (5) and the conditions as referred to in the proviso of Article 10 or Article 12;
4. Any assembly or demonstration, the conclusion of which has been declared under Article 16 (3);
5. Any assembly or demonstration which has not been conducted in an orderly manner due to the conduct falling under any of subparagraphs of Article 16 (4).
(2) When an assembly or demonstration has been ordered to be dispersed under paragraph (1), all participants shall, without delay, leave from the scene.
(3) Such matters as may be necessary concerning demand for a voluntary dispersion and dispersion order notification as referred to in paragraph (1) shall be determined by Presidential Decree.
Article 21(Advisory Committee on Assemblies or Demonstrations) #
(1) In order to balance the freedom of assembly and demonstration with a need to maintain public peace and order, they may be established in each police agency of different levels an advisory committee on assemblies or demonstrations (hereafter in this Article, referred to as the "Committee") that provides the head of such police agency with advice, etc. as requested on matters set forth in the following subparagraphs:
1. The notice of the ban of, or restriction on, an assembly or demonstration as provided for in Article 8;
2. A ruling on the case of a complaint as provided for in Article 9 (2);
3. Examination of cases of assemblies or demonstrations;
4. Such matters as may be necessary in connection with dealing with the affairs of assemblies and demonstrations.
(2) The Committee shall have one chairperson, and be composed of not less than five but not more than seven members including its chairperson.
(3) The chairperson and members of the Committee shall be appointed by the head of each police agency of different levels in consideration of specialty and impartiality from among persons as referred to in the following subparagraphs:
1. Attorneys-at-law;
2. Professors;
3. Persons recommended by civic organizations;
4. Representatives of residents in the area or region under jurisdiction.
(4) Such matters as may be necessary pertaining to the formation, operation, etc. of the Committee shall be determined by Presidential Decree.
Article 22(Penalty Provisions) #
(1) Any person who violates the provisions of Article 3 (1) or (2) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding three million won: Provided, That if a member of the armed forces, public prosecutor, or police officer violates Article 3 (1) or (2), he or she shall be punished by imprisonment with labor for not more than five years.
(2) Any person who violates the provisions of Article 5 (1) or 6 (1) or who holds an assembly or stages a demonstration against which a notice of ban has been issued under Article 8 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding two million won.
(3) Any person who violates the provisions of Article 5 (2) or 16 (4) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding one million won.
(4) Any person who has participated in an assembly or demonstration which violates the provisions of Article 5 (1) even with the knowledge of such fact, shall be punished by imprisonment for not more than six months, a fine not exceeding five hundred thousand won, penal detention or a minor fine.
Article 23(Penalty Provisions) #
Any person who violates the main clause of Article 10 or Article 11, or who violates the ban as provided for in Article 12, shall be punished according to the following classification of offenders:
1. The organizer shall be punished by imprisonment with labor for not more than one year, or by a fine not exceeding one million won;
2. The moderator shall be punished by imprisonment with labor for not more than six months, a fine not exceeding 500,000 won, penal detention, or a minor fine;
3. A person who participates in an assembly or demonstration with the knowledge of the fact shall be punished by a fine not exceeding 500,000 won, penal detention, or a minor fine.
[Decision of nonconformity to the Constitution, 2008 Hun-Ga25, Sep. 24, 2009. The part "outdoor assembly" in Article 10 of the Assembly and Demonstration Act, as wholly amended by Act No. 8424 on May 11, 2007, and the part "outdoor assembly in the main clause of Article 10" do not conform to the Constitution. The foregoing provisions shall continue to apply until no later than June 30, 2010, or until the legislature amends it, whichever comes earlier.]
[Decision of limited unconstitutionality, 2010 Hun-Ga2, Mar. 27, 2014. The part regarding "demonstration" in the main clause of Article 10 of the Assembly and Demonstration Act, as amended by Act No. 8424 on May 11, 2007, and the part regarding "demonstration" in the "main clause of Article 10" out of subparagraph 3 of Article 23 are constitutional so long as those parts apply to "demonstrations that begin after sunset and last until the 24th hour on the same date".]
[Decision of nonconformity to the Constitution, 2013 Hun-Ba322, May 31, 2018. The part regarding the "National Assembly building" in subparagraph 1 of Article 11 out of Article 23 of the Assembly and Demonstration Act, as wholly amended by Act No. 8424 on May 11, 2007, does not conform to the Constitution. The foregoing provisions shall continue to apply until no later than December 31, 2019, or until the legislature amends it, whichever comes earlier.]
[Decision of nonconformity to the Constitution, 2015 Hun-Ga28, Jun. 28, 2018. The part regarding subparagraph 3 of Article 11 out of subparagraph 1 of Article 23 of the Assembly and Demonstration Act, as wholly amended by Act No. 8424 on May 11, 2007, does not conform to the Constitution. The foregoing provisions shall continue to apply until no later than December 31, 2019, or until the legislature amends it, whichever comes earlier.]
[Decision of nonconformity to the Constitution, 2018 Hun-Ba137, Jul. 26, 2018. The part regarding "all levels of courts" in subparagraph 1 of Article 11 out of subparagraph 1 of Article 23 of the Assembly and Demonstration Act, as wholly amended by Act No. 8424 on May 11, 2007, does not conform to the Constitution at all. The foregoing provisions shall continue to apply until no later than December 31, 2019, or until the legislature amends it, whichever comes earlier.]
Article 24(Penalty Provisions) #
Any person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than six months, a fine not exceeding 500,000 won, penal detention or minor fine:
1. A person who participates in an assembly or demonstration without regard to the fact that he or she was, under Article 4, excluded by the organizer or the moderator from participation;
2. A person who holds an assembly or stages a demonstration by making a report under Article 6 (1) in a false manner;
3. A person who, notwithstanding a warning of a police officer, crosses a police line set up under Article 13 for a significant time without any justifiable reason, or damages, conceals, moves, or eliminates a police line, or does harm to the usefulness of a police line by any other means;
4. A person who violates an order given under Article 14 (2) or who refuses or obstructs necessary measures thereunder;
5. A person who violates Article 16 (5), 17 (2), 18 (2) or 20 (2).
[Decision of nonconformity to the Constitution, 2013 Hun-Ga28, Jun. 28, 2018. The part regarding "an assembly or demonstration that violates subparagraph 3 of Article 11" in Article 20 (2) out of subparagraph 5 of Article 24 of the Assembly and Demonstration Act, as wholly amended by Act No. 8424 on May 11, 2007, does not conform to the Constitution. The foregoing provisions shall continue to apply until no later than December 31, 2019, or until the legislature amends it, whichever comes earlier.]
Article 25(Application of Penalty Provisions to Representative of Organization) #
If an organization holds an assembly or stages a demonstration, its representative shall be deemed to be the organizer of the assembly or demonstration in applying the penalty provisions of this Act.
Article 26(Administrative Fines) #
(1) Where the organizer of an outdoor assembly or demonstration reported earlier falling under Article 8 (4) violates Article 6 (3) without good cause, he or she shall be subject to an administrative fine not exceeding one hundred million won.
(2) An administrative fine under paragraph (1) shall be imposed and collected by the commissioner of the competent City/Do police agency or the chief of a police station, as prescribed by Presidential Decree. <Amended on Dec. 22, 2020>
[This Article Newly Inserted on Jan. 27, 2016]