ENFORCEMENT DECREE OF THE ASSEMBLY AND DEMONSTRATION ACT
Wholly Amended by Presidential Decree No. 20307, Oct. 4, 2007
Amended by Presidential Decree No. 22224, jun. 28, 2010
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25488, Jul. 21, 2014
Presidential Decree No. 27672, Dec. 13, 2016
Presidential Decree No. 27751, Dec. 30, 2016
The purpose of this Decree is to provided for the matters delegated by the Assembly and Demonstration Act and matters necessary for the enforcement thereof.
| Article 2 (Methods of Demonstration) |
| 1. | Formation of demonstrations; |
| 2. | Whether vehicles, loud speaker, standing signboards, or other equipment expressing assertions are used and the number used; |
| 3. | Whether slogans are chanted in unison; |
| 4. | Course (starting point, land marks passed, halfway event site, destination point, etc.); |
| 5. | Route map (the progression of the demonstration parade indicated by a chart); |
| 6. | Methods of passage on driveways, sidewalks, and intersections; |
| 7. | Other matters relating to the methods of demonstration. |
| Article 3 (Service of Instructions for Complement) |
If the instruction for complement as referred to in Article 7 (2) of the Act cannot be directly served on the organizer or the person in charge of liaison due to the fault of the organizer or the person in charge of liaison, the chief of the competent police station or the commissioner of the competent regional police agency (hereinafter referred to as the "head of the competent police authority") who has received the report as referred to in Article 6 (1) of the Act may serve it by the following means: | 1. | Where the organizer is an organization: |
It shall be served on the agent of the organizer or the person in charge of liaison, or an employee working at the office of the organization. Where it cannot be served on the said agent or employee, it may be served on the custodian of the building wherein the office of organization is located or on the head of Tong/Ban having jurisdiction over the said building;
| 2. | Where the organizer is an individual: |
It shall be served on the householder or an adult family member of the organizer or the person in charge of liaison. Where it cannot be served on the said householder or adult family member, it may be served on the custodian of the building wherein the organizer or the person in charge of liaison dwells or on the head of Tong/Ban having jurisdiction over the said building.
| Article 4 (Scope of Residential Area, etc.) |
| (1) | "Place similar thereto" in Article 8 (5) 1 of the Act means the area wherein the residence or the building which is used in fact for a dwelling use is located and the place including the adjacent vacant lots, roads, etc. <Amended by Presidential Decree No. 27672, Dec. 13, 2016> |
| (2) | An assembly or demonstration as provided in Article 8 (5) 1 of the Act means an assembly or demonstration which is likely to cause serious damages to the property or facilities or to seriously affect the privacy of residents by means of outcry, chanting of slogans, use of such devices and instruments as loud speakers, drums, small or large gongs, etc. (hereinafter referred to as "loud speaker, etc."), graffiti or distribution of printed materials capable of insulting the people, act of violence such as the throwing of stones or petrol bombs, or similar. <Amended by Presidential Decree No. 27672, Dec. 13, 2016> |
| (3) | "Surrounding areas" in Article 8 (5) 2 and 3 of the Act means the gateways and wells of schools or military installations, and places, including vacant lots or roads adjacent thereto. <Amended by Presidential Decree No. 27672, Dec. 13, 2016> |
| Article 5 (Requests for Ban of, or Restrictions on Assemblies or Demonstrations in Residential Areas, etc.) |
Any resident or administrator in a residential area or a place similar thereto, a school, or a military installation shall, when he/she requests the protection of facilities or places under Article 8 (5) of the Act, make a request in writing or orally with a clear indication of reasons therefor to the head of the competent police authority or a national police officer at the place of the assembly or demonstration. In this case, if the request has been made orally, he/she shall submit a document forthwith stating clearly the reason therefor. <Amended by Presidential Decree No. 27672, Dec. 13, 2016>
| Article 6 (Details of Restriction on Assembly or Demonstration in Residential Area, etc.) |
Where an assembly or demonstration is restricted pursuant to Article 8 (5) of the Act, the details to be restricted shall be as follows: <Amended by Presidential Decree No. 27672, Dec. 13, 2016> | 1. | Date and time and place of the assembly or demonstration, and the number of participants; |
| 2. | Methods of the assembly or demonstration, such as the use of loud speakers, etc., chants in unison, graffiti, and distribution of printed materials. |
| Article 7 (Service of Notice of Ban or Restriction) |
The head of the competent police authority may, when he/she cannot serve the notice of ban of, or restriction on an assembly or demonstration set forth in Article 8 (6) of the Act directly on the organizer or the person in charge of liaison due to the fault of the organizer or the person in charge of liaison, serve it by the means falling under any subparagraph of Article 3. <Amended by Presidential Decree No. 27672, Dec. 13, 2016>
| Article 8 (Notice of Complaint and Submission of Written Reply) |
| (1) | The head of the police authority who has received a complaint pursuant to Article 9 (1) of the Act shall forthwith notify the head of the police authority who has banned or restricted the assembly or demonstration of the purport of and reasons for such complaint (including the main points of evidential documents or material evidence, if submitted with the complaint) and shall require him/her to submit a written reply. |
| (2) | The written reply set forth in paragraph (1) shall specify the reply along with the grounds and reasons for banning the assembly or demonstration: Provided, That any evidential document or material necessary shall, if any, be submitted together therewith. |
| Article 9 (Notices of Ruling) |
Upon making a ruling set forth in Article 9 (2) of the Act, the head of police authority who has received the complaint shall, without delay, notify the head of the police authority who has banned the assembly or demonstration of the contents of such ruling.
| Article 10 (Attachment of Written Ruling or Copy of Decision) |
The report on a new date and time of the assembly or demonstration pursuant to the proviso to Article 9 (3) of the Act or after the procedure of administrative litigation shall be submitted with the written ruling or a copy of the decision.
| Article 11 (Conditional Permission for Night Time Outdoor Assembly) |
| (1) | Anyone who intends to hold an outdoor assembly either before sunrise or after sunset pursuant to the proviso to Article 10 of the Act shall file a report stating the reasons therefor and present any supporting material. |
| (2) | Where the head of the competent police authority permits an outdoor assembly to be held either before sunrise or after sunset pursuant to the proviso to Article 10 of the Act, he/she shall specifically point out the conditions for maintaining order in a written notice to the organizer. |
| Article 12 (Assembly or Demonstration on Main Roads of Major Cities) |
| (1) | The scope of the main roads of major cities as set forth in Article 12 (1) of the Act shall be indicated in attached Table 1. |
| (2) | Where the head of the competent police authority restricts an assembly or demonstration on the main roads of major cities specifying conditions for maintaining traffic order pursuant to Article 12 (1) of the Act, he/she shall specifically notify the organizer in writing of such conditions. |
| Article 13 (Setting-up and Notification of Police Lines) |
| (1) | In any of the following cases, the head of the competent police authority may set up a police line pursuant to Article 13 (1) of the Act for the protection of an assembly or demonstration or for the maintenance of public order: |
| 1. | Where it is necessary to limit the place of an assembly or demonstration or separate the participants of an assembly or demonstration from common people; |
| 2. | Where it is necessary to protect the participants of an assembly or demonstration from common people or vehicles; |
| 3. | Where it is necessary for the passage of common people or smooth flow of traffic; |
| 4. | Where it is necessary to ban or restrict the access or parade to the place or facility falling under any of the following items: |
| (b) | Important facilities, such as communication facilities, etc; |
| (c) | Facilities for dangerous goods; |
| (d) | Other places or facilities for which security or protection is needed; |
| 5. | Where it is necessary to secure the parade course for an assembly or demonstration, or the temporary crosswalk for it; |
| 6. | In other cases where it is necessary for the protection of an assembly or demonstration and the maintenance of public order. |
| (2) | The notification of setting up a police line under Article 13 (2) of the Act shall be made in writing: Provided, That where a police line is newly set up or changed according to the circumstances of the place of an assembly or demonstration, a national police officer at the place of the assembly or demonstration may notify it orally. |
| Article 14 (Noise Level of Loud Speakers, etc.) |
| Article 15 (Uniformity of Armband, etc. of Moderators) |
The type, shape, and color of armbands, caps, shoulder bands, coats, etc. of moderators under Article 17 (3) of the Act shall be unified.
| Article 16 (Reporting Methods of Amended List of Moderators) |
| Article 17 (Demands, etc. for Voluntary Dispersion of Assemblies or Demonstrations) |
The head of the competent police authority or the national police officer to whom the head of the competent police authority delegates his/her authority shall, when he/she intends to disperse an assembly or demonstration under Article 20 of the Act, disperse the assembly or demonstration according to the following order: Provided, That the demand for the conclusion declaration may be omitted either if an assembly or demonstration as provided in Article 20 (1) 1, 2 or 4 of the Act is held or staged or if the organizer, general supervisor, person in charge of liaison, and moderators are not at the place of an assembly or demonstration: | 1. | Demand for conclusion declaration: |
The demand for conclusion declaration of an assembly or demonstration shall be made to the organizer, and it may be made to the general supervisor, person in charge of liaison or moderators, if the whereabouts of the organizer is unknown;
| 2. | Demand for voluntary dispersion: |
Demands for voluntary dispersion shall be made directly to the participants of an assembly or demonstration, either if the demand for conclusion declaration under subparagraph 1 is declined or if the participants in an assembly or demonstration continue the assembly or demonstration in spite of the conclusion declaration;
| 3. | Dispersion order and direct dispersion: |
The order for voluntary dispersion shall be made three times or more if the demand for voluntary dispersion under subparagraph 2 is declined, and direct dispersion may be enforced if the participants do not disperse in spite of the dispersion order.
| Article 18 (Operation, etc. of Advisory Committee on Assembly and Demonstration) |
| (1) | The term of office for the chairperson and members of the Assembly and Demonstration Advisory Committee (hereafter referred to in this Article as the "Committee") as provided for in Article 21 of the Act shall be two years. |
| (2) | The chairperson shall represent the Committee and exercise overall control of its affairs. |
| (3) | If the chairperson is unable to perform his/her duties due to inevitable reasons, the members shall act on behalf of the chairperson in order of seniority. |
| (4) | A meeting of the Committee shall be convened by the chairperson upon request from the head of each police authority of different levels. |
| (5) | The deliberation of meetings of the Committee shall commence with the attendance of a majority of all members, and resolutions on matters shall be passed with the consent of a majority of those present. |
| (6) | The Committee may, if deemed necessary, arrange for the persons who are not members to attend its meetings, and hear their opinions. |
| (7) | The heads at various levels of each police authority may pay allowances, travel expenses and other required expenses to the members, etc. of the Committee within the limit of the respective budgets. |
| (8) | Except as otherwise provided for in this Decree, the matters necessary for the operation, etc. of the Committee shall be determined by the Commissioner of the National Police Agency. |
| Article 19 (Re-Examination of Regulation) |
The Commissioner General of the Korean National Police Agency shall examine the appropriateness of the following matters every three years from each base date specified in the following subparagraphs (referring to the period that ends on the day before the base date of every third year) and shall take measures for improvement, etc.: <Amended by Presidential Decree No. 25488, Jul. 21, 2014>
| 1. | Deleted; <by Presidential Decree No. 27751, Dec. 30, 2016> |
| 2. | Details of restriction on an assembly or demonstration in a residential area, etc. under Article 6: January 1, 2014; |
| 2-2. | Noise levels of loud speakers, etc. under Article 14: July 1, 2014; |
| 3. | Deleted. <by Presidential Decree No. 27751, Dec. 30, 2016> |
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
| Article 20 (Standards for Imposition of Administrative Fines) |
The standards for the imposition of administrative fines under Article 26 (1) of the Act shall be as specified in attached Table 3. [This Article Newly Inserted by Presidential Decree No. 27672, Dec. 13, 2016]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Relationship with Other Statutes)
Where the previous Enforcement Decree of the Assembly and Demonstration Act or the provisions thereof were cited in other statutes at the time when this Decree enters into force, this Decree or the corresponding provisions in this Decree shall, if any, be deemed to have been cited in place of the previous provisions.
ADDENDA <Presidential Decree No. 22224, Jun. 28, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2010.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25488, Jul. 21, 2014>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of attached Table 2 shall enter into force three months after the date of its promulgation.
ADDENDUM <Presidential Decree No. 27672, Dec. 13, 2016>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 20 and attached Table 3 shall enter into force on January 28, 2017.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.