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Presentation of opinions regarding the bill draft on the Amendment to the `Assembly and Demonstration Act' [2003] KRNHRC 52 (19 November 2003)

The Committee of Government Administration and Local Autonomy of the
National Assembly accepted the bill draft on the Amendment to the `Assembly
and Demonstration Act,' which integrated and supplemented four bills on the
Amendment to the Assembly and Demonstration Act introduced separately to
the Committee. The sub committee of Government Administration and Local
Autonomy deliberated four legislative bills submitted and integrated into one
bill, which was sent to the plenary session for deliberation on November 19,
2003. The Commission examined provisions of the bill on amendment that
might infringe on human rights as follows.

The Commission studied the bill on Amendment regarding the restrictions on
the freedom of assembly the principles of clarity, the principles of excessive­
prohibition, theory of the benefit and protection of the law, and the principle
of clear and existing danger ­ pursuant to paragraph 1, Article 21 of the
Constitution which reads, "All citizens enjoy the freedom of speech and the
press, and of assembly and association," paragraph 2, Article 21 of the
Constitution which reads, "Licensing or censorship of speech and the press, and
licensing of assembly and association may not be recognized," the Universal
Declaration of Human Rights, International Covenant on Civil and Political
Rights, and paragraph 1, Article 11 of the European Covenant on the
Protection of Human Rights and Fundamental Freedom.

The Commission opposed certain provisions and expressed its opinion that
they should be reconsidered. The Commission decided that certain provisions
of the bill on the Amendment violated the general principles regarding
restriction on basic rights and the principle of clear and existing danger, and
excessively restricted the freedom of assembly guaranteed by the Constitution
and international human rights laws. The Commission delivered its opinion
requesting that:
1) paragraph 1, Article 6 of the bill on amendment be maintained as under
the present law, and new measures to prevent assembly for long term periods
and camouflaged assembly be sought.
2) `cases where there are possibilities of occurrence of serious damage '
stated in the paragraph 3 1... of Article 8 of the bill on Amendment be changed
to `cases where occurrence of serious damages are clear and existing'
3) `the diplomatic machinery' in the proviso of Article 11 4 and `the diplomatic
machinery' in (a) of the proviso be corrected to `place of abode of diplomatic
machinery or diplomatic mission'
4) proviso of Article 12 2 be deleted. In order to secure fairness and objectivity
under Article 18 2, the Commission suggested that the `Advisory Committee on
Assembly and Demonstration' be organized and operated, and that the practical
authority of the Committee to restrain be provided by law.