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Problems and measures to secure effectiveness in implementing the current autonomous police system

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2023, 11(4), pp.75-109
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : October 20, 2023
  • Accepted : November 29, 2023
  • Published : November 30, 2023

Lee, In Gon 1,  Shin Joo-Hyun 1

1호서대학교

Accredited

ABSTRACT

The old Police Act was enacted as Law No. 4369 on May 31, 1991 and went into effect on July 31, 1991. The old Police Act had 23 partial revisions or other revisions, and the 24th complete revision (Act No. 17689), came into effect on December 22, 2020, and came into effect on January 1, 2021, and its name was changed to the “Act on the Organization and Operation of National Police and Autonomous Police” (hereinafter referred to as the “Police Act”). The fully revised Police Act was first partially revised on March 30, 2021 with Law No. 17990 and went into effect on July 1 of the same year, and the second partial revision was made with Law No. 19023 on November 15, 2022, and came into effect in 2023. It has been in effect since February 16, 2018. The current Police Act divides police work into national police work and autonomous police work, distributes command and supervision authority for each office, and requires city/provincial autonomous police committees to command and supervise autonomous police work, which is the legal basis for introducing an autonomous police system. By providing a variety of high-quality security services suited to the needs of residents by resolving concerns about the enlargement of police power and securing connectivity between local administration and public security administration, the goal is to efficiently strengthen the security capacity of the entire nation. The main contents of the current Police Act are: ① Police affairs are divided into national police affairs and autonomous police affairs, ② the National Investigation Headquarters is established in the National Police Agency, the head of the National Investigation Headquarters is appointed as the Inspector General of Police, and recruits from outside the National Police Agency. When there was a need for appointment, it was possible to appoint people with certain qualifications. ③ In order to take charge of autonomous police affairs, the city provincial autonomous police committee was established as a consensus administrative agency under the city provincial governor, and the work falls under its authority. ④ Matters related to the appointment of city provincial police chiefs were determined, and were subject to the direction and supervision of the police chief, city provincial autonomous police committee, and head of the National Investigation Headquarters according to the duties under their jurisdiction. This paper aims to study the legal issues arising from the relationship between the national police and autonomous police, and the relationship between national police power and autonomous police power, resulting from the enactment of the current Police Act, which aims to introduce an autonomous police system. To this end, we will first look at the concept of police work based on Kang Hak-sang's concept of police, and examine the distinction between national police work and autonomous police work with a focus on the disciplinary content of the Police Act. In particular, the National Police Commission is defined as a deliberation and decision-making body, while the city provincial autonomous police committee is defined as a consensus-based administrative body, and its legal nature is different. Therefore, the subjects exercising police power and the Minister of Public Administration and Security and the National Police Commission are the competent ministers. By reviewing the relationship between the Minister of the Interior and Safety and the Commissioner General of the National Police Agency, and the relationship between the Commissioner General of the National Police Agency and the Commissioner General of City Provincial Police, the purpose is to derive legal problems and suggest legislative improvement measures.

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