@article{ART003087664},
author={Park, woong-kwang},
title={The actual state and the legal consideration of the police rights limitation within intimate relations - With regard to securing the safety of Abused children -},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2024},
volume={12},
number={2},
pages={567-590}
TY - JOUR
AU - Park, woong-kwang
TI - The actual state and the legal consideration of the police rights limitation within intimate relations - With regard to securing the safety of Abused children -
JO - Legal Theory & Practice Review
PY - 2024
VL - 12
IS - 2
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 567
EP - 590
SN - 2288-1840
AB - As there is a large request for police intervention in child abuse cases, in reality, it leads to the inability to effectively protect victims due to delays in cases with specialized child agencies, which is due to the traditional theory of police law. This is because the approach is different in that the protection of children corresponds to welfare administration and the police correspond to the judicial action of criminal arrest, and even if it is a police action, which is a crime prevention aspect, the intervention can be considered ineffective due to the theory of limitation in terms of logic that the police should be invoked only for the passive purpose of preventing security. The theory of limitation of police power is being criticized considerably by former police practitioners in Japan and can be replaced by constitutional principles. In the case of Korea, discussions are not as active as in Japan, and only to the extent of introduction, but there is a movement to overcome the existing limitation theory. Here, with the intention of overcoming the limitation theory, the question of how the police should intervene in intimate relations or intimate areas such as child abuse cases is raised. In terms of checking the enlargement of police power, unconditional police intervention should be avoided, which requires a policy that prioritizes the safety of victims through a paradigm shift of safety by law, not by law, under the motto of restorative police of restoring relationships. In Germany, police intervention is made complementarily in relation to administrative agencies, and in Korea, where there are no prestigious regulations, a review is required to accept it as it is, but its implications can be applied to reality. Rather than vaguely a theory of limitation, an interpretive theory to effectively protect affected children can be suggested through normative propositions to ensure solidarity or connection between institutions in the field, such as the theory of complementarity or the concept of risk.
KW - Child Abuse;The limitations of the Police Force;Administrative Police;Judicial Police;The Safety of Children
DO -
UR -
ER -
Park, woong-kwang. (2024). The actual state and the legal consideration of the police rights limitation within intimate relations - With regard to securing the safety of Abused children -. Legal Theory & Practice Review, 12(2), 567-590.
Park, woong-kwang. 2024, "The actual state and the legal consideration of the police rights limitation within intimate relations - With regard to securing the safety of Abused children -", Legal Theory & Practice Review, vol.12, no.2 pp.567-590.
Park, woong-kwang "The actual state and the legal consideration of the police rights limitation within intimate relations - With regard to securing the safety of Abused children -" Legal Theory & Practice Review 12.2 pp.567-590 (2024) : 567.
Park, woong-kwang. The actual state and the legal consideration of the police rights limitation within intimate relations - With regard to securing the safety of Abused children -. 2024; 12(2), 567-590.
Park, woong-kwang. "The actual state and the legal consideration of the police rights limitation within intimate relations - With regard to securing the safety of Abused children -" Legal Theory & Practice Review 12, no.2 (2024) : 567-590.
Park, woong-kwang. The actual state and the legal consideration of the police rights limitation within intimate relations - With regard to securing the safety of Abused children -. Legal Theory & Practice Review, 12(2), 567-590.
Park, woong-kwang. The actual state and the legal consideration of the police rights limitation within intimate relations - With regard to securing the safety of Abused children -. Legal Theory & Practice Review. 2024; 12(2) 567-590.
Park, woong-kwang. The actual state and the legal consideration of the police rights limitation within intimate relations - With regard to securing the safety of Abused children -. 2024; 12(2), 567-590.
Park, woong-kwang. "The actual state and the legal consideration of the police rights limitation within intimate relations - With regard to securing the safety of Abused children -" Legal Theory & Practice Review 12, no.2 (2024) : 567-590.
