[Reader Submission] Compliance with Assembly Noise Standards: The Beginning of Balancing Freedom of Assembly and Citizens' Right to Peace

Johyeon-gi, Chief of Security Operations Division, Gwangyang Police Station

Recently, there has been a sharp increase in complaints from citizens suffering due to excessive noise from broadcasting vehicles during frequent rallies and demonstrations caused by social disputes and conflicts.

Article 21, Paragraph 1 of the Constitution states that "All citizens shall have the freedom of assembly." However, this also refers to the guarantee of lawful assemblies and demonstrations within the framework of the law.

According to Article 14 of the Assembly and Demonstration Act, "If the organizer of a demonstration causes noise exceeding the standard and harms others, an order to maintain order or stop usage may be issued, or necessary measures such as temporary confiscation of loudspeakers may be taken." Furthermore, with the partial amendment of the Enforcement Decree of the Assembly and Demonstration Act last year (strengthening noise standards for loudspeakers, announced on 9.1 / effective 12.2), noise standards for nighttime and residential areas have been strengthened, and the maximum noise level has been introduced and is being enforced.

The equivalent noise level standards have been strengthened as follows: for residential areas, schools, and general hospitals, daytime (07:00 until sunset) must be 65dB or below, nighttime (after sunset until 24:00) 60dB or below, and late night (00:00?07:00) 55dB or below; for public libraries, daytime 65dB or below, nighttime and late night 60dB or below; and for other areas, daytime 75dB and nighttime and late night 65dB or below.

The maximum noise level (exceeding the standard more than three times within one hour) must be maintained as follows: for residential areas, schools, and general hospitals, daytime 85dB or below, nighttime 80dB or below, late night 75dB or below; for public libraries, daytime 85dB or below, nighttime and late night 80dB or below; and for other areas, 95dB or below regardless of daytime or nighttime.

The police operate a noise management team to ensure the freedom of assembly and demonstration and to protect citizens' right to peace.

They guide and manage compliance with noise standards by responding to complaints based on affected areas on site or by conducting their own measurements.

However, some organizers of rallies and demonstrations believe that noise generation is natural due to the nature of assemblies and that these regulations restrict their freedom of assembly.

This is a very undesirable way of thinking.

While organizers want to widely publicize their claims through loudspeakers, excessive use of loudspeakers beyond the standard levels creates additional victims and ultimately results in demonstrations that fail to gain public sympathy.

Although violent rallies and demonstrations have significantly decreased compared to the past, the culture of assemblies causing excessive noise beyond the standard levels in asserting one’s rights must also disappear.

We hope that by refraining from excessive use of loudspeakers and complying with noise standards, a healthy culture of assembly and demonstration that guarantees both freedom of assembly and citizens’ right to peace will be established.