The Constitutional Court of Korea has made a significant ruling regarding the law on assembly and demonstration, determining that the mandatory reporting requirement for participants in outdoor rallies is unconstitutional. The court emphasized that penalizing individuals for not notifying authorities about peaceful assemblies infringes on the fundamental right to freedom of expression protected by the constitution. This decision stands in stark contrast to a previous Supreme Court ruling that found individuals guilty under the same provisions, making it a noteworthy case of judicial reconsideration in Korea's legal landscape.

On December 26, 2016, the case arose when individuals were prosecuted and subsequently found guilty for holding a press conference in front of the New Democratic Party's (formerly the Saenuri Party) headquarters without prior notice. The Constitutional Court acknowledged that while the legislation is unconstitutional, it will retain its effect temporarily while the National Assembly undertakes legislative amendments. The court also pointed out that the risk of infringing on the rights of others or disrupting public order is minimal in cases of peaceful assemblies, indicating that penal actions based solely on prior notification requirements are excessively restrictive against the freedom of assembly.

Furthermore, the court clarified that the requirement to report gatherings in advance remains intact, emphasizing that it is necessary for maintaining public order and allowing the police to manage various assemblies effectively. This proactive registration is aimed at protecting civil liberties rather than serving as a vehicle for governmental permission or punishment. Contrasting with the Supreme Court's more punitive approach, the Constitutional Court’s ruling encourages civic participation while highlighting the importance of balancing civil liberties with public safety considerations in legal frameworks.