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Issues of Police Investigation in Korea

  • Public Land Law Review
  • Abbr : KPLLR
  • 2019, 87(), pp.387-407
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : July 31, 2019
  • Accepted : August 20, 2019
  • Published : August 27, 2019

Kwang-soo Kim 1

1건국대학교

Accredited

ABSTRACT

Accurate information is needed for proper administrative activities. Administrative investigation and police investigation systems are provided to collect information from private persons. This article is to explain the system and practice of police investigation in Korea. The process of collecting the necessary information by police agencies should be legitimate. In other words, there must be a legal basis for the police investigation. Moreover, police investigations must comply with the procedures prescribed by law. In this article, the issue of modern police investigation in addition to the issues raised by traditional police investigations will be discussed. For instance, issues of an unexpected crackdown on drunk driving will be considered. It is also important to review the problems of the operation and management for video recording with a closed-circuit television (CCTV) in major traffic facilities and in private premises. Police investigations are a type of administrative investigation carried out for the aim of police administration purposes. The basis for this is the Police Officers' Job Execution Law and the Road Traffic Law. However, police investigations are likely to develop into police criminal investigations, so they must strictly follow legal grounds and procedures. Recent police investigations have pointed out the problem of drunk driving control and CCTV. In order to protect the public interest, the need for collection and utilization of information is increasing. However, protection of human rights and freedom is important, too. There are problems that cannot be solved only by the discussion on the conventional police administrative investigation. In this article, we discussed the issues of the police investigation in the past and dealt with the issues raised by the new administrative investigation methods for road traffic and child safety of these days. The legal issues of political investigation as the legal grounds, investigating procedures, and the legitimacy of dispositions based on unlawful investigations are evolving into other forms of issues. For example, it is the subject of discussion whether the setting of CCTVs can be enforced on private business premises and how the evidence obtained by them should be used. In the future, these problems are expected to boost the conflict between the promotion of public interest and the protection of privacy through police investigations. Through this forum, I hope to share the troubles of Germany and Korea for this issue and to exchange opinions on correct disciplinary measures.

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