宗敎ㆍ文化行事를 憑藉한 集會ㆍ示威處罰方案에 관한 硏究

The death of two middle school girls in June 2002 by an armored 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.