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The problems with 「Garrison Decree」 and reform measures

  • Public Land Law Review
  • Abbr : KPLLR
  • 2013, 63(), pp.437-458
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

WON JUNG KIM 1,  Yang Cheol-Ho 1

1청주대학교

Accredited

ABSTRACT

In the past when the government was established, the army and the police had been in charge of keeping public order to set up national foundation. They were given an exceeding authority to enforce the law, leading to cause many problems. First, it is against the principle of legislation reservation in order to attain constitutional administration. Second problem is that it allows the army to have an authority to maintain public order in no war time. Especially, when granting the army the power to enforce the law, neither does it have specific regulations to support upper legislation nor have substantial regulations about the category of authority enforcement for ordering. Furthermore, questionable thing is that whether it is adequate to constitutional administration order for the army to have the power to keep public order in peace time as well as using weapons regulated by 「Garrison Decree」. It is not coincide with the virtue of Constitution that allowing the garrison headquarter, as an emergency police agency, to be charged with public order in no wartime. Thus, 「Garrison Decree」needs to be revised to make sure efficient administration. It is reasonable that the police agency should be responsible for public ordering in peace time. In the reality where the North and the South, however, are separated, it is necessary that the army should take the place of the police agency only when it is not capable of regional public ordering in a state of disaster and emergency. To do so, actual legislation is needed.

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