• Title/Summary/Keyword: Law on Assembly and Demonstration

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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.

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.

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.

A Study on Legal Limitations of Teachers' Right for Expression (초.중.고교 교원의 정치적 표현과 제한법리에 관한 탐색적 연구: '시국선언' 관련 판례를 중심으로)

  • Lee, Jae-Jin;Lee, Jeong-Ki
    • Korean journal of communication and information
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    • v.54
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    • pp.32-57
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    • 2011
  • This study examined how the Korean courts have made a balance between rights of school teachers' expression and the public interests derived from regulating their rights for expression in related cases. Under the Korean laws such as National Public Service Law and the Law on Assembly and Demonstration, school teachers are considered as civil servants and basically not allowed to assemble to demonstrate for their own interests. The analysis revealed that in 24 cases from a total of 31 teacher-related court cases, teachers were found guilty in violation of related laws. In deciding whether the teachers' participation on anti-government assembly was guilty or not, the courts put an emphasis on public purpose of their expression, the degree to which their expressions affect the society, and specific contents of their expression. Conclusively, it was found out that in applying the related law, Korean courts tend to overweigh the public interests, rather than the teachers' right to express.

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A Study on the Reality and Improvement of Autonomous Police System in Jeju Special Self-Government Province (제주자치경찰 시스템의 실태와 발전모델에 관한 연구)

  • Cho, Chul-Ok
    • Korean Security Journal
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    • no.14
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    • pp.485-516
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    • 2007
  • Jeju Special Self-Government Province adopted an autonomous police system for the first time since 60 years in Korean police. The purpose of autonomous police system is to offer a police service to be suitable in regional conditions. But Jeju autonomous police system for nearly one year after adoption is criticized to be established on the ground of political reason but not local decentralization. Actually Jeju autonomous police has not a clear cut jurisdiction and operation scope because of the jurisdiction duplication between national and autonomous police. The original task is confined on environment and sightseeing so on given to administration police for local self-government. So criminal investigation authority on general crimes is not to Jeuju autonomous police on account of special judicial police. First, it is the structural rationalization of Jeju autonomous police system. It speaks that Jeju provincial police bureau and police station have to be as national police institution, on the other hand, patrol district station and police box have to be as autonomous police institution. Of course, functional division has to be followed. National police performs managing all the assembly and demonstration by the management law on assembly and demonstration including the suppression against any large scale demonstration and disturbance, also the investigation on serious crimes just as international crimes and broaden area crimes including all the felony. Together national police performs the duty concerned to all the foreign affairs and national securities in along with the investigation on traffic accidents. On the other hand, autonomous police performs the function for citizen's life safety as crime prevention and the enforcement on the violation against police operation law, together the traffic management and the regulation on traffic violations. and the investigation on minor crime as simple violence or petty larceny including the management on local big events. Second, the budgetary of autonomous police is rationalized by the share of budgeting between Korean government and Jeju special self-government province. Third, urgent arrest authority on general crime and the rights of claims for the summary trial on minor crimes are given to autonomous police. Of course, this problem is resolved naturally in case of giving the investigation rights to autonomous police on minor crimes.

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The Origin and Formation of Korean Public Art Theories in the 1980s (1980년대 민중미술론의 기원과 형성)

  • Choi, Youl
    • The Journal of Art Theory & Practice
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    • no.7
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    • pp.37-64
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    • 2009
  • The theories of Korean Public Art originated by the artists who were against dictatorship and they associated with democratic politicians. They criticized the Fine art that were supported by the dictatorship and gave their efforts for restoration of 'resistance paintings(against dictatorship)', 'proletarian painting', 'realism painting'. In addition, they participated new social ideology(democracy) movement and demonstrated for their rights in arts. These became the main kernel the public art theory was initiated. The public artists splitted into several different parts and participated in the democratic social movement as well as the art movement for freedom. They opened various art exhibitions within different genre, diverse space for various art section such as an exhibition hall, a factories, a university, or a congregation square. Furthermore, the public art theorists published their divergent views through newspaper/broadcasting or unauthorized printed materials. Most of the public artist and the theorists kept their relationship strongly until 1985, the time when 'National Arts Association' started. In 1983 and 1984, they were clearly separated into two parts; artists(move only in art museums) and activists(move in public spaces like school, convention square etc). Their ideological separation also took out national problems. The division; professional artists and armatures, became the social issue as a social stratification matter. And in creating method, there are also other conflicts; critical realism, and public realism as well as western painting and traditional one. These kinds of separation and conflicts made different Public artists associations, under divergent names; 'Reality and Speak'(R&S), 'KwangJu Art Association', 'Durung', 'Dang(Land)', and 'Local Youth Students Association'. In addition, their ideology and pursuit toward art movements were very difference. However, the differences and conflicts weakened When the oppression of democratic education from new dictatorship(Pres. Jun, Doo Hwan) came out. In August. 1985 the government opened to the public so called, 'The draft of School stabilization law'(Hankwon Anjung Bup) to control the teachers' rights and that initiated bigger street demonstration and conflicts between police and educators. In November.1985, assembly meeting of National Arts Association in democracy opened as 'ONE' combined organization. In this presentation, I'd like to summarize the stream of art movement until 1984, and clarify the main art theories that lead the Public Art Movements in 1980s. The main theories in 1980s are crucial because they become the origin of public art theories. This presentation started with O,youn's "Hyunsil Dong In the first declaration" and explained the absent of practice in 1970s. In addition, Won, Dong Suk 's theory was mentioned as all over struggles in theories before 1980s. GA and R&S 's founding declarations in 1970s were the start of public art theorists' activities and this article reported the activities after the declarations. First, realism base on the consciousness of reality. Second, practice art democratization based on the ideology. Third, the subject of public art movement based on understanding people's social stratification structure. Fourth, the matters of national forms and creative ways in arts based on showing reality. Fifth, the strong points in arts that the practitioners accepted. About the public art theories around 1984, I discussed the dividing point of public art theories that were shown in 'generation theory', 'organization theory', and 'popularization theory' by the practitioners. The public realism theory that subjects the contradiction of reality and point out the limits of critical realism not only showing the new creative ways but also giving the feeling of solidarity to the public art activist groups. After that, public art movements expressed 'Dismentlement of Capitalism' and 'Public revolution'. In addition, the direction of public art movements were established strongly. There were various opinions and views during the start and formation of the public art theories. The foundation of theorists activities derived from the practitioners who had the concept based on stratification and nationalism. The strong trend of group division spreaded out by practitioners who opened art work together in factories, universities, squares and rural areas. Now many lively active practitioners are gone to the other field not related with arts, and others join into professional art field not public art one with unknown reason. The theorists have the same situation with the practitioners. It means to me that theory always have to be based on the practice.

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Introduction of a System for a Sustainable Ecotourism and International Cooperation - Focusing on the Korea-China-Japan Ecotourism Certification/Designation System - (생태관광의 지속가능성 확보를 위한 제도 도입 및 국제협력방안 - 한·중·일 생태관광 인증/지정제도를 중심으로 -)

  • Choi, Hee-Sun;Kim, Hyun-Ae
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.6
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    • pp.13-22
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    • 2012
  • This study was conducted to establish ecotourism as an introduction to sustainability and international cooperation. As a plan to retain the original meaning of ecotourism, the introduction of a program to certify/designateecotourism is being vitalized in many countries around the world. In Korea as well, an agenda to the introduction of an "Ecotourism Designation System,"which aims to ensure the quality of ecotourism at a certain level, was submitted by the Ministry of Environment to the National Assembly in June 2011, and the promotion for a demonstration program is planned this year to introduce the system. Japan has been carrying out the certification systems Good Eco-tour, which certifies the sustainability of ecotourism providers and accommodations since 2006, respectively, and has been securing the sustainability of ecotourism by enactment in 2008, as the world's first law to promote ecotourism. And the second general conference of the first Global Partnership for Sustainable Tourism(GPST) was held in Korea in March 2012, particularly, there was an agreement that the promotion of Asia and the Pacific Area Network for sustainable tourism would center around Korea, and accordingly, it is expected that Korea's status as a core country for ecotourism in the Asia-Pacific Area will increase. While the demand for an approach to natural resources is rapidly increasing, we should be active in providing an institutional strategy such as a designation system to secure the sustainability of ecotourism and seeking a plan for cooperation and network vitalization in the Asia-Pacific Area where similar natural resources and cultures are shared.