경찰관직무집행법상 경찰관 직무행위의 구체화 방안

Abstract

In the current Act on the Performance of Duties by Police Officers, duties of police officers are regulated as a series of standard duty measures including questioning, protection, prevention of dangerous situation, and prevention of crime, and collection and handling of information are mostly defined vaguely in duties of police. In other words, duties of police officers are restricted by obscurity and broadness of duties thereof. In order to solve the problem of duties of police in Act on the Performance of Duties by Police Officers, there is a need for a specific standard and guideline for police. since duties of police in the act is too comprehensive, there is a demand for more detailed enforcement regulations. Although the logic in administrative act such as principle of proportionality is applied to duties of police, detailed policy or detailed law will be necessary for systemization, standardization, and precision of their duties. First, since the duty of protecting basic rights of the people such as life, body, and property is too abstract and its limit is vague, it requires detailed protection regulations. Second, since the duty of preventing crime in advance is also too abstract and comprehensive and it may not be realistic and efficient due to the constraint of manpower, support of cooperative system such as crime prevention guards, local residents, private companies, and private security companies should be reinforced, and monitoring system, advanced technology & equipment, and budget should be expanded. These items should be also expressed in detailed policy. Third, since the office of presidential security provides security service on the president and private security companies provide the service in all other events, the measure for the police in providing basic security should be considered. Also, the measure for the military in providing overall security in a counterespionage operation should be considered. Fourth, clear and detailed policies on range, contents, limit, and procedure are necessary for information police so that basic rights of the people are not violated in collection information for national security. Fifth, the measure of transferring traffic regulation and driving to local governments should be considered. Also, the policy on local police should be introduced and expanded. Sixth, since the duty of maintaining public safety and order is too abstract and its limit is vague, detailed system and principle of proportionality should be applied to enforcement of the act. Therefore, clear standard and detailed system in duties of police officers are required in order to reinforce the police and provide the best security service in maintaining public safety and order. In other words, reliable and high-class statue of police should be established through efficient execution of duties by police officers with systemization thereof and competitiveness of the police.