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Recommended Lifting of Prohibition on Assembly within 100 Meters from a Foreign Embassy to Korea [2003] KRNHRC 18 (1 January 2003)

an organization for which the complainant is a permanent
representative, submitted an application for permit of assembly stating `it will
hold an assembly at locations more than 100 meters away from Embassy,
Embassy, and the Consulate of Embassy, at Gwanghwamun Public
Park.' The respondent notified the complainant of the prohibition on assembly
stipulated in Article 11 of the Assembly and Demonstration Act. The
complainant filed a complaint with the Commission that the notification was an
infringement of freedom of assembly.

After examination, the Commission concluded that the prohibition of
assembly reportedly to be held at specific locations more than 100 meters away
from foreign embassies on the ground that it falls under Article 11 of the
Assembly and Demonstration Act would constitute a violation of the freedom
of assembly guaranteed by Article 21 of the Constitution. On this ground, the
Commission recommended that the assembly not be prohibited.