Noise damage due to prolonged ‘impeachment rally’ in Hannam-dong… “Residents’ right to housing must also be guaranteed.”
7Day, Protesters increase after presidential arrest warrant is reissued24time noise duration… people “I can't even sleep at dawn”“high decibel, Freedom of expression is not guaranteed”“Noise measurement results, If the threshold is exceeded, appropriate action is taken.” As protests related to the impeachment of President Yoon Seok-yeol prolong near the presidential residence in Yongsan-gu, Seoul, noise damage is increasing.. Accordingly, the legal community is pointing out that measures such as sanctions are needed for noise that exceeds legal standards..‘12.3 martial law’ Since then, the area near the official residence in Hannam-dong, Yongsan-gu, Seoul is filled with protesters every day.. 7After the arrest warrant for President Yoon Seok-yeol was reissued, more people began to gather.. Supporters of President Yoon Seok-yeol marched on the northern and southern roads centered around his official residence in Hannam-dong., Civic groups in favor of impeachment are continuing their rallies near the Volvo Building in Hannam-dong.. Protesters play loudspeakers “Arrest Lee Jae-myung” “Execute Yoon Seok-yeol” He continued speaking, etc., There was also swearing and shouting between protesters with different opinions..As the meetings continue, residents' complaints about noise are growing.. Running a restaurant alone near the President's residence AMr. “It's mentally difficult because the loud noise lasts all day.”He complained.Right next to the official residence 1Residing for years 20big CMr. “When I first protested, it was quiet in the early morning., Lately, I can't sleep because the noise is so loud even in the early morning.”as “I filed several complaints with Yongsan-gu Office, but, It becomes quiet for a while, but then repeats again, making it difficult to continue with daily life.”He confessed.Living near Hannam Elementary School 50Mr. Dae Choi “I don't know what the children will learn from seeing this much swearing.”as “It's a shame that there are children living around here even when school is on vacation.”said.At Hannam Elementary School, located close to the official residence. “impeachment invalid” Slogans are echoing loudly.. There is a police fence installed around the main gate., An employee dispatched by the Office of Education was standing guard.. Currently, Hannam Elementary School is on vacation, but students are using care classes, Neulbom School, winter camps, and kindergartens. 70Several people are going to and from school.Police are installing noise meters and measuring noise from gatherings.. ‘Equivalent noise level’go 79.8decibel(db), ‘Highest noise level’go 91.2decibel(db)There were also places that exceeded the regulatory standards, such as recording.Equivalent noise level is the average value of noise during the measurement time.. The highest noise level is 1in time 3more than once 90decibel(db)If it exceeds this limit, it is considered to be in violation of the regulations.. ‘LAW ON ASSEMBLY AND DEMONSTRATION(gypsy law)’ According to the enforcement ordinance, rallies held during the day in residential areas, schools, general hospitals, and public libraries are prohibited. 5Average value of noise measured per minute 60decibel(db) below, Other areas 10Average value of noise measured per minute 70decibel(db) It is stipulated below..In the legal world, the decibel level of noise is regulated.(db)It is pointed out that if the limit is exceeded, the protest may be dispersed..Choi Hyeondeok(bar exam 8episode) Attorney Daeryun Law Firm “House and Demonstration Act14According to Joe, loudspeakers or drums, If you use a gong, etc., Time zone prescribed by enforcement ordinance, When the decibel standard for each target area is exceeded, the head of the competent police station may impose restrictions.”as “If it continues to exceed, a dissolution order may be issued.”explained.mudfish “Failure to comply with this constitutes obstruction of official duties.”as “If you injure a public official or interfere with official duties by using a dangerous object, it may be considered special obstruction of official duties.”pointed out.And then “Police must take action based on noise meter results”as “If the police does not take appropriate action even though the equivalent noise level continues to exceed, it is considered dereliction of duty.”and said.However, it is not easy to sanction rallies where noise from multiple groups is mixed, even if they exceed the permitted standards.. There are no provisions in the current law to separate, calculate, and crack down on duplicate noise..Attorney Choi “If there are multiple rallies and protest groups and noise is generated simultaneously, it is difficult to find the cause of the noise.”as “Nevertheless, the only legal way to reduce the noise problem is to further lower the decibel level stipulated by the Enforcement Decree of the House and Housing Act.”explained.And then “Freedom of expression is not guaranteed by using a loudspeaker to express your opinion at a high decibel.”saying “It is not something that can be guaranteed even if it infringes on other people’s basic rights, such as their right to housing.”said.A lawyer in Seocho-dong “Meetings are usually held in squares or public places.”as “Hannam-dong is close to general residential areas, so the residents' right to housing and freedom of assembly are in direct conflict.”I was concerned.And then “Although we cannot ban gatherings,, (the police) There is a need to guarantee the housing rights of nearby residents by regularly informing them of excessive decibel levels and lowering the decibel level.”and said.Cheon Joo-hyeon(bar exam 48episode) A lawyer specializing in criminal law “According to the Gypse and Demonstration Act, the maximum threat of violence for disorderly conduct is 3year, Violation of the ban on the use of loudspeakers can result in up to 6The sentence is somewhat low (months, etc.)”He said “This is ‘freedom of assembly’Punishment regulations are set low to ensure maximum”explained.mudfish “It was intended to strengthen the basic constitutional right of freedom of assembly and association by ensuring that most acts receive low punishment even if broadly interpreted as disturbing order.”It was said.And then “However, if unrest or violence occurs, the purpose of broadly guaranteeing freedom of assembly may be lost.”While “Guarantee freedom of assembly as much as possible, If it is judged that public safety and order are being harmed, appropriate measures must be taken.”said.Meanwhile, the Presidential Office appears to have strengthened its alert posture to prevent arrests.. The entrance to the official residence was blocked by several minibuses, blocking the view., New barbed wire was also installed.. Security officers frequently patrol near the police line., Citizens who stopped for a moment or took pictures were immediately stopped.. Reporters are only allowed to film outside the designated lines.. Reporter Oh In-ae(olive@koreanbar.or.kr) [View full article]
Noise damage due to prolonged ‘impeachment rally’ in Hannam-dong… “Residents’ right to housing must also be guaranteed” (link)