@article{ART003344927},
author={Park, woong-kwang},
title={Preventive Police Activities and Smart Technology - Focusing on discussions on ways to improve the legal system -},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2026},
volume={14},
number={2},
pages={605-629}
TY - JOUR
AU - Park, woong-kwang
TI - Preventive Police Activities and Smart Technology - Focusing on discussions on ways to improve the legal system -
JO - Legal Theory & Practice Review
PY - 2026
VL - 14
IS - 2
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 605
EP - 629
SN - 2288-1840
AB - This study aims to analyze the current status of preventive policing utilizing smart technologies, such as Artificial Intelligence (AI), Big Data, and the Internet of Things (IoT), and to discuss the resulting legal issues and institutional reform measures. Predictive policing and intelligent video surveillance systems, introduced to counter the increasing sophistication of modern crime, maximize policing efficiency. However, they also raise significant concerns regarding the infringement of constitutional fundamental rights—specifically the right to self-determination of personal information and the freedom of privacy—as well as the potential for discriminatory law enforcement due to algorithmic bias.
In particular, the current "Police Officers' Duties Act" and the "Personal Information Protection Act" lack the specificity required to regulate rapidly evolving technological tools, posing a risk of violating the principle of legal reservation under administrative law. Accordingly, this research examines the latest legislative frameworks and operational cases from the United States and the European Union (e.g., the EU AI Act) to derive implications for the South Korean legal system. In conclusion, this study proposes several reforms: amending the "Police Officers' Duties Act" to establish a clear legal basis for smart policing, codifying algorithmic impact assessments and the "Human-in-the-loop" principle, and strengthening democratic control through the establishment of an independent external oversight body.
KW - Preventive Policing;Smart Technology;Predictive Policing;Principle of Legal Reservation;Human Rights Impact Assessment
DO -
UR -
ER -
Park, woong-kwang. (2026). Preventive Police Activities and Smart Technology - Focusing on discussions on ways to improve the legal system -. Legal Theory & Practice Review, 14(2), 605-629.
Park, woong-kwang. 2026, "Preventive Police Activities and Smart Technology - Focusing on discussions on ways to improve the legal system -", Legal Theory & Practice Review, vol.14, no.2 pp.605-629.
Park, woong-kwang "Preventive Police Activities and Smart Technology - Focusing on discussions on ways to improve the legal system -" Legal Theory & Practice Review 14.2 pp.605-629 (2026) : 605.
Park, woong-kwang. Preventive Police Activities and Smart Technology - Focusing on discussions on ways to improve the legal system -. 2026; 14(2), 605-629.
Park, woong-kwang. "Preventive Police Activities and Smart Technology - Focusing on discussions on ways to improve the legal system -" Legal Theory & Practice Review 14, no.2 (2026) : 605-629.
Park, woong-kwang. Preventive Police Activities and Smart Technology - Focusing on discussions on ways to improve the legal system -. Legal Theory & Practice Review, 14(2), 605-629.
Park, woong-kwang. Preventive Police Activities and Smart Technology - Focusing on discussions on ways to improve the legal system -. Legal Theory & Practice Review. 2026; 14(2) 605-629.
Park, woong-kwang. Preventive Police Activities and Smart Technology - Focusing on discussions on ways to improve the legal system -. 2026; 14(2), 605-629.
Park, woong-kwang. "Preventive Police Activities and Smart Technology - Focusing on discussions on ways to improve the legal system -" Legal Theory & Practice Review 14, no.2 (2026) : 605-629.
