@article{ART003274390},
author={Lee, In Gon},
title={Administrative Discretion of the Police and the Legal Limits of the Disciplinary System - Focusing on the Harmonization between Public Interest and Human Rights Protection -},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2025},
volume={13},
number={4},
pages={251-281}
TY - JOUR
AU - Lee, In Gon
TI - Administrative Discretion of the Police and the Legal Limits of the Disciplinary System - Focusing on the Harmonization between Public Interest and Human Rights Protection -
JO - Legal Theory & Practice Review
PY - 2025
VL - 13
IS - 4
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 251
EP - 281
SN - 2288-1840
AB - This study explores the legal limits of police administrative discretion and the disciplinary system, seeking institutional reforms that harmonize public interest with the protection of human rights. As an authority entrusted with both the protection of citizens’ rights and the enforcement of state power, the police are required to ensure legality, fairness, and accountability in their administrative actions. However, the current disciplinary framework often functions as a means of internal control rather than as an instrument of lawful oversight, which undermines due process and weakens the rights of disciplined officers.
Grounded in administrative law theory, this research analyzes the nature and boundaries of discretionary power in police disciplinary practices and identifies the structural and procedural issues that give rise to human rights infringements. The findings indicate that excessive administrative discretion, ambiguous disciplinary standards, and the lack of procedural transparency are major sources of rights violations. Moreover, the dependency of disciplinary committees on hierarchical authority compromises impartial review and leads to inconsistent outcomes.
To address these limitations, the study proposes several reform measures: (1) clarification and codification of disciplinary criteria to enhance legal predictability, (2) strengthening the independence and transparency of disciplinary committees, (3) reinforcing procedural safeguards and effective remedies for affected officers, (4) establishing independent ombudsman and citizen oversight mechanisms, and (5) introducing digital record management and AI-based analysis systems to secure consistency and fairness in disciplinary actions.
Ultimately, the study emphasizes that human rights–oriented reform of the police disciplinary system is not merely an administrative improvement but a fundamental task for ensuring democratic accountability and the rule of law. Sustainable human rights governance in police administration requires not only institutional and technological reforms but also a transformation of organizational culture and ethical awareness.
KW - Police Administrative Discretion;Disciplinary System;Legal Limitations;Public Interest;Human Rights Protection;Institutional Reform
DO -
UR -
ER -
Lee, In Gon. (2025). Administrative Discretion of the Police and the Legal Limits of the Disciplinary System - Focusing on the Harmonization between Public Interest and Human Rights Protection -. Legal Theory & Practice Review, 13(4), 251-281.
Lee, In Gon. 2025, "Administrative Discretion of the Police and the Legal Limits of the Disciplinary System - Focusing on the Harmonization between Public Interest and Human Rights Protection -", Legal Theory & Practice Review, vol.13, no.4 pp.251-281.
Lee, In Gon "Administrative Discretion of the Police and the Legal Limits of the Disciplinary System - Focusing on the Harmonization between Public Interest and Human Rights Protection -" Legal Theory & Practice Review 13.4 pp.251-281 (2025) : 251.
Lee, In Gon. Administrative Discretion of the Police and the Legal Limits of the Disciplinary System - Focusing on the Harmonization between Public Interest and Human Rights Protection -. 2025; 13(4), 251-281.
Lee, In Gon. "Administrative Discretion of the Police and the Legal Limits of the Disciplinary System - Focusing on the Harmonization between Public Interest and Human Rights Protection -" Legal Theory & Practice Review 13, no.4 (2025) : 251-281.
Lee, In Gon. Administrative Discretion of the Police and the Legal Limits of the Disciplinary System - Focusing on the Harmonization between Public Interest and Human Rights Protection -. Legal Theory & Practice Review, 13(4), 251-281.
Lee, In Gon. Administrative Discretion of the Police and the Legal Limits of the Disciplinary System - Focusing on the Harmonization between Public Interest and Human Rights Protection -. Legal Theory & Practice Review. 2025; 13(4) 251-281.
Lee, In Gon. Administrative Discretion of the Police and the Legal Limits of the Disciplinary System - Focusing on the Harmonization between Public Interest and Human Rights Protection -. 2025; 13(4), 251-281.
Lee, In Gon. "Administrative Discretion of the Police and the Legal Limits of the Disciplinary System - Focusing on the Harmonization between Public Interest and Human Rights Protection -" Legal Theory & Practice Review 13, no.4 (2025) : 251-281.
