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The Random Questioning in Act on the Performance Duties by Police Officers

  • Public Land Law Review
  • Abbr : KPLLR
  • 2008, 39(), pp.211-233
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

구형근 1

1조선대학교

Accredited

ABSTRACT

The necessity and importance of the use of police authority are growing more and more in highly dangerous society of these days. Moreover, the danger related to the police, unlike in the past, causes significant damages to the benefit and protection of the law in nation and society, individual. Therefore, it needs to keep going concretely and efficiently to the prevention of danger in the police law. In these days, random questioning acts as measures to prevent danger, especially to prevent the crime, most efficiently in the police operation, and takes a front seat by prevention of a crime and predetection and interception of a crime. But regretably, random questioning is one of the compulsory measures used by national authorities and it is regarded as top priority to control and restrain random questioning because of the violation of human rights and fundamental rights protected under constitutional law by abusing it. Therefore, it has been in frequent collision between the police and a nation because random questioning in practical affairs is in between the public power and the human rights. For the public concern over the violation of human rights and the control of the police operation, by imposing the abstract legal requisites and the rigid procedural limits, it is also true that random questioning as measures of the police operation to prevent a crime is not in effect. As a result, it can lead to the higher expense and the lower efficiency in the public security and administration, and weigh with the job performance of the police officers on duty by falling the public power. In case of regarding random questioning in the Act on the Performance of Duties by Police officers as the significant measures, it is no doubtfully important task to study the plan of raising the efficiency of random questioning. Despite the concerns about the violation of the rights caused by abusing act of the police power, but because of sufficient measures done by the control of the court such as accumulation of the precedent and limit theory of the police authorities, it must be done to prevent the benefit and protection of the law in nation and society, individual through the use of the police authorities.

Citation status

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