Finding the Loudspeaker Owner Through Hide-and-Seek... Plaza Taken Away by Rally Noise [Controversy over the Assembly and Demonstration Act]

①Duplicate noise, source identification difficult
Reducing and increasing speaker volume to evade regulations
Experts say "Loudspeaker regulations need revision"

Editor's NoteThe freedom of assembly and association is a fundamental right guaranteed by the Constitution. However, the inconvenience caused by assemblies has clashed with another basic right, the pursuit of happiness, causing cracks in public consensus. Some assemblies exploit loopholes in lax laws. Asia Economy examines various controversies and alternatives surrounding the Assembly and Demonstration Act (Assembly Act) over four installments.

"My ears hurt as if they are being torn apart."

On the 9th, Gwanghwamun Square in Jung-gu, Seoul, was crowded with an estimated 100,000 people according to the organizers (about 30,000 according to the police). It was not the protesters but the noise they generated that broke through the police barricades. When the organizers turned on the speakers, the rally slogans echoed across the entire 12-lane road of Gwanghwamun.

Citizens avoiding the protest site stopped in their tracks and covered their ears. Lee Dong-jin (29), who runs a cafe near Gwanghwamun, said, "I come to work every weekend with the mindset of enduring it, but the noise seems to be getting worse."

On the 9th, when noise measurement was conducted at Gwanghwamun Square in Jongno-gu, Seoul, a maximum noise level of 105.7 decibels (dB) was detected.

On that day, noise measurements taken directly at Gwanghwamun Square showed a maximum noise level of 105.7 dB and an equivalent continuous noise level of 95 dB averaged over 10 minutes. This is comparable to noise levels inside a factory.

5 Minutes of Noise Followed by a Break... Police Struggle to Crack Down on Assembly Tactics

The police measure noise in two ways according to the noise standards set by the Presidential Decree: equivalent continuous noise level and maximum noise level. The equivalent continuous noise level is the average noise over 10 minutes, and in urban areas such as squares excluding residential areas, it must not exceed 70dB during the daytime.

The maximum noise level is considered a violation if it exceeds 90dB more than three times in an hour. The police issue a noise maintenance order to the assembly organizers who violate the regulations for the first time, and if the noise continues, they can issue an order to stop the noise.

A citizen participating in the rally for the resignation of the government held on the 9th at Gwanghwamun Square in Jongno-gu, Seoul, is staring at the police while holding a megaphone.

The problem arises when multiple groups simultaneously generate overlapping noise. Especially in large-scale assemblies, many groups or solo protesters use loudspeakers separately, making it difficult to identify the source of the noise. Since current laws do not have provisions to separate and calculate overlapping noise for enforcement, assemblies with mixed noise from multiple groups often exceed permissible limits without easy sanctions.

In fact, on that day at Gwanghwamun Square, some solo protesters using loudspeakers for speeches were noticeable in the crowd. A police official explained, "When 3 to 4 loudspeakers are operating simultaneously at the assembly site, it becomes difficult to measure the equivalent continuous noise level, which averages the noise over 10 minutes. We monitor the protesters all day and issue noise maintenance orders if the maximum noise level is violated."

There are also protesters who cleverly evade noise measurement standards. A police officer met at an assembly site in Seocho-gu, Seoul, said, "Some people avoid sanctions by turning the speakers on and off, knowing that the equivalent continuous noise level requires the same dB level for 10 minutes during measurement. Some protesters even adjust the sound at a level comparable to audio experts, exploiting the ambiguous boundaries of noise regulations."

To crack down on such tactics, the National Police Agency promulgated an enforcement decree of the Assembly Act in 2020 that includes the maximum noise level as a measurement standard. However, the police officer added, "Since the maximum noise level violation requires exceeding the dB standard more than three times in an hour, if it is exceeded twice, they temporarily stop the noise to evade enforcement."

Recommended 1.5 Times Rest After Using Loudspeakers... Immediate Noise Response in the U.S. and Japan

In Japan, if the instantaneous maximum noise exceeds 85 dB at a point 10 meters away from the protest site, an order to stop can be issued. Failure to comply with police orders can result in imprisonment for up to six months or a fine of up to 200,000 yen (about 1.8 million KRW). Additionally, most local governments have ordinances requiring loudspeaker use to stop for 10 to 15 minutes after 10 minutes of use.

On the 9th, protesters demanding the resignation of the government and police faced off across the road at Gwanghwamun Square in Jongno-gu, Seoul.

In New York, USA, in addition to notifying the authorities about the assembly, a separate noise permit application must be submitted when using loudspeakers. If the assembly lasts several days, the noise permit must be renewed daily. Professor Lee Woong-hyuk of Konkuk University's Department of Police Science emphasized the need for improvement, saying, "Considering the peace of residential areas that citizens should enjoy, the current dB standards are too lenient."

Professor Lee Hee-hoon of Sunmoon University's Department of Law and Police Science suggested, "It could be an alternative to mandate prior reporting of the types and numbers of loudspeakers in assembly notifications," adding, "The police should set maximum dB limits according to the loudspeaker types and be able to sanction immediately when those limits are exceeded."