On June 26, 2023, South Korea's Constitutional Court issued a decision regarding the provision of the Assembly and Demonstration Act (Act No. 22(2)), which mandates uniform punishment for outdoor assemblies that are not reported in advance. In a split ruling of 4-4-1, the court declared the provision unconstitutional but allowed it to remain in effect until the National Assembly can amend it by August 31, 2027. If not amended by this deadline, the provision will lose its effectiveness, reflecting concerns over potential social unrest if the law is suddenly discarded.

The contentious provision requires organizers of outdoor assemblies or demonstrations to submit a notice to the relevant police chief between 720 hours and 48 hours before the event, with violators facing up to two years in prison or fines of up to 2 million won. Four justices expressed that the uniform penalty for unreported outdoor assemblies infringes excessively on the right to assemble, especially when historical evidence indicates that many such gatherings have occurred peacefully without endangering public order. They argued that exceptions should be made for gatherings that pose minimal risks, contrary to the current blanket punishment under existing law.

Conversely, Justice Jo Han-chang argued in favor of the law's constitutionality, asserting that unreported outdoor assemblies could significantly jeopardize public safety, thus validating the need for such punitive measures. In conjunction with this ruling, the Constitutional Court upheld another provision that mandates advance notice for assemblies, stating that requiring notification at least 48 hours in advance is not excessive and aligns with legal expectations. This ongoing legal debate underscores the balancing act between individual rights and public safety within South Korea's evolving legislative landscape.