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A Study on the Police Law in South Korea and United States

  • Public Land Law Review
  • Abbr : KPLLR
  • 2009, 44(), pp.355-376
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

WON JUNG KIM 1

1청주대학교

Accredited

ABSTRACT

The police law in South Korea and the one in the U.S. do not have same married codes of laws. What is representative as the police law of the U.S. is ‘Stop and Frisk’ That is enforced by the police, whereas the one of South Korea is ‘Police Official Enforcement Law’ regulating police enforcements. Among enforcements of the Korean police law, particularly what could be discussed comparing with the U.S. is ‘Stop and Frisk’ of the Third Amendment of the police official enforcement law. Therefore, this study insighted into ‘Stop and Frisk’ of the both countries, South Korea and the United States. With a different law system each other, the two nations also don't have same grounds on law enforcement. They depend on where placing grounds on. Law enforcements in the U.S. are operated by Federal Amendment Constitution and are active or otherwise according to precedents of the Supreme Court. In other words, Federal Amendment Constitution regulates basic rights and states are held accountable for the other things. ‘Stop and Frisk’ as a dominant operation of the police, however, is subjected to judgements of the Supreme Court and is given legal rights by it. Contrary to that, in the case of South Korea, the police official enforcement law is a directive lawful foundation of the police enforcement. The police department judges only ambiguous conceptions about necessities and contents of judicial regulations and takes into execution. Law court and constitutional court decide whether these kinds of police executions are legitimate or not. Especially, a court of justice usually has a power to decide ‘Stop and Frisk’ according to a period and society of a country. The Supreme court of the U.S. has the last word on ‘Stop and Frisk’, so it considers the enforcements of the police as being fair, or it restraints them. the judges of the Supreme Court have showed active attitudes in accordance with transforming era, while law courts in South Korea perform inactive judgment within the minimum category and the police enforce their officials by using those judges as a consented admission that is limitative, rather than using them as their legal basis. Thus, judgment made by law courts of South Korea are not similar with those of the U.S. because law courts in South Korea have only a right to decide whether present law enforcement is legal or illegal. They uncover inactive and limited attitudes. Comparing the police law of South Korea with that of the U.S. is what does police enforcements of the two countries. Although having different law systems, they share a common purpose : law enforcement must be done to protect basic rights of the people.

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