"Noise Regulation for Futile Gatherings Ignored, Neglecting Public Harm... Effectiveness Must Be Enhanced"

3 out of 4 Citizens "Daily Life Disrupted by Protest Noise"
Need for Practical Regulations ↑ Referencing Overseas Cases

Regulations on noise generated during assemblies are not functioning properly, causing increased inconvenience to citizens. The relevant law uses the average noise level of assemblies as the basis for enforcement, but organizers respond by producing noise that exceeds the standard and then lowering the volume for a certain period to reduce the average. There are calls to strengthen regulations by referring to overseas cases.

The current Assembly and Demonstration Act (Jipsibeop) uses the average noise level of assemblies as the enforcement criterion. However, organizers respond by producing noise that exceeds the standard and then lowering the volume for a certain period to reduce the average. There are virtually no regulations on the content and duration of noise, such as personal attacks, slander, or profanity.

Protest site in front of a company building in Sincheon-dong, Seoul

A 2020 public opinion survey by the National Police Agency found that 74.6% of Koreans answered that assembly noise causes serious harm to daily life. This means that three out of four ordinary citizens suffer from noise damage. In contrast, overseas countries such as Japan and the United States have effective measures, such as immediately regulating noise violations after a single offense or establishing noise-related penalties in criminal law that reflect the realities of protest sites. A legal expert said, "Even countries like the UK, which have broadly guaranteed the freedom of assembly and demonstration, are recently strengthening regulations," adding, "It is time to consider introducing appropriate regulations to protect the basic rights of ordinary citizens."

In New York City, even if an assembly is reported, a separate daily permit must be obtained from the police and the local government to use loudspeakers. While only one initial assembly report is required for protests lasting several days, the noise permit for loudspeaker use must be renewed daily. The New York Police Department charges a daily fee of $45 for noise permit applications to prevent indiscriminate use of loudspeakers. They also decide on the noise permit for the next day by comprehensively considering the previous day's protest noise and the inconvenience to nearby residents. If unpermitted noise devices are used, sanctions such as confiscation of the device or fines may be imposed.

Some places, like Louisiana in the United States, have noise-related penalties explicitly stated in criminal law. They specifically categorize noise-inducing acts and impose fines or detention as punishment for violations. In Washington D.C., under the Noise Control Act, noise exceeding 65 dB during the day and 60 dB at night in commercial areas is prohibited. If violations continue, protesters can be arrested on-site and face criminal penalties.

Environmental activists are protesting with loudspeakers in front of the hotel where the White House Correspondents' Association dinner was held last April.

In Japan, most local governments define noise exceeding 85 dB at a point 10 meters away from the protest site as "violent noise" (폭(暴) 소음), which is strictly prohibited. Even a single violation is immediately regulated by the police. If the violation persists, forced eviction or house arrest is possible. Some local governments, such as Kanagawa, have strict regulations requiring a 10-minute noise period followed by a 15-minute pause when using loudspeakers.

The UK, which has maintained minimal protest regulations, recently enacted the Police, Crime, Sentencing and Courts Act, introducing new noise regulations for protests. Police can intervene if protest noise causes serious disruption to nearby institutions or poses significant harm to local residents. Penalties are severe, including imprisonment and fines. Other countries like Germany, which classifies protest noise alongside environmental pollution under the Federal Environmental Pollution Control Act and sets detailed permissible standards, and France, which requires noise countermeasures to be submitted to nearby residents at the reporting stage, have long established measures to protect ordinary citizens from indiscriminate protest noise.

The current domestic Assembly and Demonstration Act is widely criticized for failing to adequately protect the basic rights of ordinary citizens, who should be equally protected alongside protesters. Regulation is possible if the average noise measured over 10 minutes exceeds 65 dB (residential area standard) or if the maximum noise exceeds 85 dB three or more times within an hour. Protesters avoid sanctions by producing loud noise for 5 minutes and then lowering the volume for the remaining 5 minutes to reduce the average or by exceeding the standard only twice per hour.

Protest site in front of a company building in Yangjae-dong, Seoul

Areas around large corporate headquarters are frequently affected by protest noise. Protesters exploit the sensitivity of companies to public opinion to conduct provocative protests to enforce their demands. Mr. A, who protests near the Hyundai Motor Group headquarters, has been holding noisy protests for 10 years, demanding reinstatement at the headquarters without legal grounds after a contract was terminated due to conflicts with a former sales agency representative.

The court ruled that the company was not responsible for Mr. A's dismissal and that some of Mr. A's expressions were excessive. Mr. A only modified some expressions pointed out by the court and changed a funeral march to a protest song but has continued protests that hold company employees and nearby residents hostage. Last year, when noise occurred during a union protest near the SPC building in Seocho-gu, nearby residents protested with banners demanding the protection of their right to live. Citizens near the HiteJinro headquarters also submitted petitions demanding the cessation of protests.

In the current National Assembly, nine legislative bills aimed at strengthening noise regulations have been proposed, but discussions remain stagnant. An expert pointed out, "Excessive and repetitive protest noise should be strictly limited by speeding up amendments to the Assembly and Demonstration Act, referring to overseas cases."

This content was produced with the assistance of AI translation services.