不審檢問의 許容範圍

Abstract

The police questioning has following problems:First, even though the polis act strictly limits the targets of police questioning, the current practices show that unspecified police questionings are conducted even without reasonable doubts in the form of “sweeping questioning”. Second, since the polis act allows the police questioning of the simple knowledge of criminal facts as well as the third parties with the criminal suspects, it extends the scope of police questioning. Third, it is necessary to obligate the police officers to inform the questioned of his Miranda rights before police questioning. Fourth, the police questionings usually include the confirmation of identification card such as identification card or driver's license with no stipulatory justification. Since the identification card contains the private informations irrelevant to the purpose of police questioning, the police questioning without stipulatory justification can be viewed to violate constitutional fundamental rights to privacy. Fifth, the National Human Rights Commission‘s positions on police questioning are that the police questioning is illegal if police officers do not present police IDs even in his police uniform. However, the main purpose of the presentation of police ID is to inform his identity to the questioned, the police questioning by police officer in his uniform should be considered to be legal even without presenting his police ID if he informs his name and working police station.