변형 집회ㆍ시위의 피해 경감방안에 관한 연구

• 영문명: Measures to reduce Victim of Transformed Public Gatherings and Demonstrations
• 발행기관: 한국피해자학회
• 저자명: 김병준(Kim, Byung-Joon)
• 간행물 정보: 『피해자학연구』제12권 제1호, 231~255쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.06.30

영문 초록

The death of two middle school girls in June 2002 by an rumored vehicle of United States Forces-Korea touched off "Commemorative Candlelight Vigils" throughout Korea. Since then, these candlelight vigils have become a matter of concern and interest at home and abroad. In 2003, candlelight vigils also occurred during demonstrations by residents protesting the Government's plan to install a Nuclear Waste storage in Pu-an County of North Cholla Province. Candlelight vigils now seem to be a new type of demonstration strategy. In accordance with the Law and Regulations on Assemblies and Demonstrations (Article 13), academic seminars, artistic performances, religious events and ritual performances are exempt from regulations, prior application reporting, and time and place restrictions. Article 10 of this law, however, does not allow assemblies and demonstrations before sunrise and after sunset hours except for the aforementioned events. These candlelight vigils, if strictly examined in accordance with the Law and Regulations on Assemblies and Demonstrations, are subject to application for prior approval. Nevertheless, these vigils seem to be an increasing trend through which protesters manipulate laws and regulations to avoid prior application reporting Moreover, rallies and demonstrations are consecutively staged under the name of a "three-step and one-bow" march, prayers meetings and press interviews under the pretext of being religious ceremonies or cultural events. These people are not strictly observing the Law and Regulations on Assemblies and Demonstrations. In this thesis, the actual state of candlelight vigils and other rallies and demonstrations staged under the pretext of a "three-step and one-bow" march, prayers meetings and press interviews are analyzed and examined to identify how these events are violating the Law and Regulations on Assemblies and Demonstrations. In conclusion, a countermeasure policy is presented to balance the rights of freedom and the Law of Assemblies and Demonstrations to maintain public security for the peace and safety of our citizens.

목차

Ⅰ. 서론

Ⅱ. 주요집회ㆍ시위 사례의 유형

Ⅲ. 종교문화행사를 빙자한 집회ㆍ시위의 문제점 분석

Ⅳ. 변형 집회시위의 효율적 대응을 통한 피해경감방안

Ⅴ. 결론

참고문헌

Abstract