• Title/Summary/Keyword: 집회시위

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Change of Regional Clusters on Assembly and Demonstration (집회시위 군집변화에 대한 연구)

  • Joo, Il-Yeob
    • Korean Security Journal
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    • no.51
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    • pp.293-313
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    • 2017
  • The purpose of this study is to analyze the changes of regional clusters of national 16 areas on the assembly & demonstration in 2010 and 2015. The results of this study were as follows by using hierarchical cluster analysis. First, the regional clusters on the assembly & demonstration in 2010 were divided into three clusters in the first step: (1) Gwangju, Chungnam, Incheon, Chungbuk, Gyeongbuk, Daegu, Gangwon, Jeju, Daejeon, (2) Jeonnam, Gyeongnam, Busan, Jeonbuk, Ulsan, Gyeonggi, (3) Seoul. Second, the regional clusters on the assembly & demonstration in 2015 were divided into three clusters in the first step: (1) Ulsan, Gangwon, Chungbuk, Chungnam, Incheon, Gyeongbuk, Jeonnam, Gwangju, Jeju, Daegu, Daejeon, (2) Busan, Jeonbuk, Gyeongnam, (3) Seoul, Gyunggi. Third, The regional clusters on the assembly & demonstration were Busan, Jeonbuk, Gyeongnam of 'assembly & demonstration management area(labor related)', and Seoul, Gyeonggi of 'assembly & demonstration frequency areas' in 2015. This suggests that policing policies related to assembly & demonstration can be established and implemented flexibly in consideration of the degree of increase and decrease in assembly & demonstration by districts. Furthermore, it will be helpful to manage assembly & demonstration based on the 'police for human rights'.

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Characteristics and Regulations of Assembly and Demonstration on the Sea (해상 집회 및 시위의 특성과 법적 규율)

  • Kim, Jong-Goo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.19 no.4
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    • pp.391-396
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    • 2013
  • This study discusses characteristics and regulations of assembly and demonstration on the Sea. One of the characteristics of assembly and demonstration on the sea is danger caused by vessels and nature of the sea. Thus, Korea Coast Guard prefers to regulate demonstration on the sea more strictly by applying sea related laws such as Maritime Safety Act and Public Order in Open Ports Act. However, assembly and demonstration on the sea is one of the fundamental rights which is guaranteed by the Constitution and should be regulated and protected by the Assembly and Demonstrations Law. The purpose of this article is to properly regulate and protect assembly and demonstration on the Sea based on proper interpretation of the Assembly and Demonstrations Law.

A Study on the Korean National Police's Protesting Policing Policy through the Analysis of Negotiated Management Model (협의관리모델 분석을 통한 한국 경찰의 집회시위 관리정책 연구)

  • Hwang, Kyu-Jin;Kim, Hak-Kyong
    • Convergence Security Journal
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    • v.11 no.2
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    • pp.65-77
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    • 2011
  • In Western Europo and the US, there has been a general trend over 30 years of reducing the amount of force by the police, through a paradigm shift from 'Escalated Force Model' towards 'Negotiated Management Model'. In tune with this trend, for example, the Swedish Police have implemented the uniformed 'Dialogue Police' system, in order to establish communication contact with demonstrators, before, during, and after their events, The Negotiated Management Model involves a greater respect for the rights of protesters, a more tolerant approach to community, and improved intelligence, communication, and flexibility, in order to facilitate lawful protests and to reduce the possibility of an escalation of major public disorder. The Korean National Police (KNP) appears to be operated within this negotiated management framework, since in preparation for the G20 Seoul Summit, they have also emphasized good communication between the police and protest groups, by newly creating the concept of 'Protest Policing Through Facilitation of Lawful Protests'. In this context, this study first attempts to analyze not only the negotiated management model, but also the Swedish dialogue police. Secondly, the study conducts a comparative study between the KNP's Protest Policing Through Facilitation of Lawful Protest and the Swedish dialogue police system, particularly, in conjunction with the negotiated management. Although Korean and western police have different system and history, protest policing model is now approaching with each other through a link between conflict resolution techniques, such as dialogue, negotiation, mediation and facilitation. Finally, the study is to prove if the KNP's protest policing model corresponds with the negotiated management model, and further to suggest new 'Facilitation of Conflict Resolution Model' as a desirable future of the KNP's protest policing.

A Legislative consideration on protection and regulation of Assembly and Demonstration at sea (해상 집회 및 시위의 보호와 규율을 위한 입법정책적 고찰)

  • Soon, Gil-Tae
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.21 no.5
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    • pp.524-530
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    • 2015
  • In this study, I present solutions to properly regulate assembly and demonstration at sea which has not been relatively secured and regulated compared to that of on land and inland waters so it may not violate public safety and order, and at the same time to secure it as a basic human right. Firstly, to protect and regulate in the same way with assembly and demonstration on land, I suggest to make amendments to "Law on Assembly and Demonstration" so that Korea Coast Guard Station can accept applications and administrator maritime assembly and demonstration. Secondly, in special cases where there are difficulties in the application of "Law on Assembly and Demonstration" due to the special maritime environment, following the example of Japan, America and England who have regulations in related special laws, I suggest an legislative alternative to add regulations on maritime assembly and demonstration in "Law on Maritime Guard" so that we can administer maritime assembly and demonstration in a way which there should be no conflict between basic human right of people and conservation of public safety.

The Legal Study on the Demonstration-on-sea (해상시위의 기본권성과 집시법적용가능성 고찰)

  • Lee Kee-Chun
    • Journal of Navigation and Port Research
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    • v.29 no.3 s.99
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    • pp.235-244
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    • 2005
  • A new type qf demonstrations in the temporal and spacial aspects, such as accidental and unprepared demonstration, urgent assembly, demonstration-on-sea, demonstration-on-highway, and etc., which are not intended in the Law of Assembly and Demonstration, are becoming a social problem Especially, the law on demonstration-on-sea needs to be discussed further because it is not clear if the Law of Assembly and Demonstration is applicable here. If so, how can it be explained logically? Or, if not so, which law should be applied to this context? So far, various theories on demonstration-on-sea have been opposed aggressively vs. submissively. However, it should be guaranteed that the demonstration on sea is one of the constitutional rights based on the self-decision right of demonstration's place. Accordingly, these contents have to be interpreted with a concept of demonstration in Demonstration's law in coordination with the Constitution. Therefore, it is not persuasive that Demonstration's law is analogized, or general police law is applied, to such untypical demonstrations. In addition, taking into consideration a demonstrative function for minority under modem situation of demonstration, it is right to apply the Law of Assembly and Demonstration to the demonstration-upon-sea directly.

The Policing of the G20 Seoul Protests: A Case Analysis on the Death of Ian Tomlinson (G20 서울 정상회의 관련 집회시위 경비방안 : 이안 톰린슨(Ian Tomlinson) 사망사건 분석을 중심으로)

  • Lee, Ju-Lak
    • Korean Security Journal
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    • no.24
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    • pp.125-146
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    • 2010
  • The G20 summit is the premier forum for international economic cooperation and it will be held in Seoul in November 2010. However, protests are expected during the Seoul summit, as a part of the deepening global war against capitalism. The Korean Police need to deal with these protests effectively in order to provide security to the participating leaders and make the meeting run on wheel as planned. The current study attempts to analyze the death of Ian Tomlinson who died in the context of a heavily policed protest during 2009 G20 London summit. There are number of unique features regarding this incident, such as the public scrutiny of police conduct through video footage, the police use of excessive force, and the process to hold the police to account for misconduct. This incident caused serious damages to the public's faith in the British police. Based on the analysis, this study found that during the G20 London summit British police had the problems such as the lack of the clear standards on the use of force, improper training in the use of force, poor communications with the media and protesters, inappropriate use of the close containment tactic, and the failure to display police identification. Therefore, this study suggests the inducement of peaceful protests, the adoption of a set of standards on the use of force, public order training that is more directed and more relevant to the public order challenges facing the Korean police, improvement of the communication with the media and protesters, enhancement of individual officer's accountability as public order policing strategies for G20 Seoul summit meeting. However, the most fundamental principle is that Korean police must place a high value on tolerance and winning the consent of the public.

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A Comprehensive Review of the Foreign Literature regarding Protest Crowd Counting (집회시위 참가인원 집계방식에 대한 선행연구 고찰 - 국외연구 분석 중심으로 -)

  • Kim, Hak-kyong
    • Korean Security Journal
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    • no.58
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    • pp.9-34
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    • 2019
  • The Korean Police Force is equipped with the dual responsibility to not only protect the constitutional right to protest, but also prevent potential disorder and misconduct might be caused by the abuse of such a right. To this end, the Korean national police employ the crowd counting methodology, termed 'Maximum Figure at Any One Time' with a view to dispatching the proportionate number of police officers to protest scenes for safety management. However, protest organizers rather take advantage of 'Cumulative Figure' methodology, the purpose of which being to publicize the wide recognition of success, noticeably by demonstrating that as many people as possible support for their cause or voice. Hence, different estimates generated by different methods have raised serious political issues in Korean society. Nevertheless, it is found out that there are only three existing academic studies in Korea regarding crowd counting methods, and they are mainly geared towards comparing the two methods, unfortunately without any attempt to analyze the foreign literature in details. Keeping the research gap in mind, the research conducts a comprehensive review of the foreign literature with relation to protest crowd counting methods. Derived from the review and analysis, the counting methods can be broadly categorized into the three models such as: 1) Grid/Density Model, 2) Moving Crowds Model, and 3) Electronic & Non-Image Model. In the end, the research provides brief explanations regarding specific research findings per each model, and further, suggests some policy implications for the development of more accurate crowd counting methodology at protests in Korea.

A Study on the Direction for Revision of the Assembly and Demonstration Act - 'around the Article 6 and Article 8 of 2016 Revised Assembly and Demonstration Act' - (집회 및 시위에 관한 법률 개정 방향에 관한 연구 - '2016 개정 집시법 제6조·제8조를 중심으로 -)

  • Cho, Se-hee
    • Korean Security Journal
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    • no.49
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    • pp.39-63
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    • 2016
  • After its decision of 'constitutional nonconformity' about a night assembly on September 24th, 2009, then the Korean Constitutional Court decided the 'limited violation of constitution' saying, 'Even a night demonstration should be allowed to be held up to the midnight' on March 27th, 20104. Since such a decision, the revision of Assembly and Demonstration Act has not been done, and the revised act is currently pending on the National Assembly on October, 2016. Amid the controversy about the 'Legislative Deficiency', some articles of the Assembly and Demonstration Act are revised and created like the imposition of the fine about a ghost assembly and the notice duty of fact to hold an assembly, the police superintendent's recommendation about the assembly place and partitioned assembly holding by time in order to protect the people's basic rights and convenience. However, this revised bill of Assembly & Demonstration Act limits the duty of assembly withdrawal report only to overlapping assemblies and a police superintendent can only recommend about the partition of assembly place and time, but has not a certain authority to forcibly enforce, so it is expected that the recommendation will be eventually ended to a formal procedure. And as this revised act has no punishment article concerning the violation of the notice duty within 1 hour before holding an assembly in this revised act, so there is a problem that the police can't force an assembly to follow the article. This study proposed some political suggestions concerning the articles to be supplemented and corrected in the Assembly & Demonstration Act after analyzing its articles around its 2016 revised Act. The Assembly & Demonstration Act has several problems to be continually corrected and supplemented further including the matter of 'Night Assembly & Demonstration' which is in the condition of 'Legislative Deficiency' since 2009.

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