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Legal problems of Police Investigation

  • Public Land Law Review
  • Abbr : KPLLR
  • 2006, 33(), pp.179-206
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

KIM, NAM WOOK 1

1명신대학교

Accredited

ABSTRACT

Police aims to secure the public peace and order and police investigation has been executed as its subsidiary means. In particular, powerful administrative examination like police investigation may infringe on man's basic rights such as freedom of residence and business and privacy and it may result in illegal collection and disclosure of private information and business secret of enterprises.This study examines concept, legal basis, type and limit of police investigation based on legal principles and seeks the suggestions to Korea by examining legislature cases of police in America and Germany. Further, it reviews legal problems including prior procedures of police investigation by the existing law, limit of discretion, application of writ, application of right to refuse statement, exercising force on police investigation and injust police investigation and aims to secure efficiency of police investigation system.

KEYWORDS

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Citation status

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