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한국경찰법학회> 경찰법연구

경찰법연구 update

Journal of police and law

  • : 한국경찰법학회
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11권1호(2013) |수록논문 수 : 14
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KCI등재

1경찰의 소년범 처리절차에 대한 비교법적 연구

저자 : 최대현 ( Dae Hyuan Choe ) , 장응혁 ( Eung Hyeok Chang )

발행기관 : 한국경찰법학회 간행물 : 경찰법연구 11권 1호 발행 연도 : 2013 페이지 : pp. 3-32 (30 pages)

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On the basis of a comparative perspective, this study has explored the distinctive features of the youth justice system in South Korea. In particular, the research focuses on the investigation process by the police. There are a lot of studies which show the necessity of the police diversion for the young offenders at the early stage of the investigation. However, in South Korea, no explicit provisions are in laws, which allow the police officers to deal with juvenile delinquency by diverting them from normal criminal process.   As a consequence, the police are in general reluctant to employ a diversion with various rehabilitation programmes. Young offenders as well as their guardians are not very cooperative with the authorities. As there is no legal provision for the police diversion including conditions and process, the juvenile diversion by the police cannot be conducted both efficiently and effectively. Furthermore, this cannot lead young offenders to be actively involved in rehabilitation programmes.   In order to increase the effectiveness and efficiency of diversion for young offenders, as in England and Wales, Germany, and Japan, various conditions and process must be clearly and precisely provided in the relevant laws. More importantly, legal grounds for the police diversion should be created in the juvenile law.

KCI등재

2발간사

저자 : 조국

발행기관 : 한국경찰법학회 간행물 : 경찰법연구 11권 1호 발행 연도 : 2013 페이지 : pp. 5-6 (2 pages)

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KCI등재

3경찰의 가정폭력 대응과 피해자보호

저자 : 김재민 ( Jiae Min Kim )

발행기관 : 한국경찰법학회 간행물 : 경찰법연구 11권 1호 발행 연도 : 2013 페이지 : pp. 33-58 (26 pages)

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The police are in charge of the initial response if the domestic violence occurs. At the dangerous situation of those crimes, they must secure the citizens` life and their personal safety, which they are enacted in a Korean Police Law and Korean Constitution as one of the official duties. Therefore, if the improper response of the police would cause them fatal injuries, they should take the legal responsibility for that throughly. Likewise, the police intervention which is deficient in discerning or choosing the proper measures makes the victim not only feel painstaking for the recovery of the damage but also be endangered in vulnerable situation to revictimization through second attack. For solving these problem, the police initial response activities should be improved in quality. It could be achieved through their efforts to make sure the essential goals and carry out those targets for victim protection such as securing safety for battered women and children, stopping the violence, accountability of perpetrators, divesting perpetrators of their belief of ownership over women, restoration of battered women and enhancing agency in the lives of battered women. To realize these core values, the strategies could be taken in three parts ; behavioral, legal and institutional areas. If the suitable measures would be put into the strategies to improve the three dimensions` problems after examining the negative traits regarding traditional police responses to the domestic violence, it will make a great contribution to enhancing the victim protection policies of the domestic violence.

KCI등재

4주요국의 화재조사 및 방화수사제도 비교 연구 -미국, 일본, 영국, 독일, 프랑스와의 비교를 중심으로-

저자 : 김재운 ( Jae Woon Kim ) , 박형민 ( Hyung Min Bark ) , 이성기 ( Seong Ki Lee ) , 이주락 ( Ju Lak Lee ) , 박노섭 ( Ro Seop Park ) , 김택수 ( Taek Su Kim )

발행기관 : 한국경찰법학회 간행물 : 경찰법연구 11권 1호 발행 연도 : 2013 페이지 : pp. 59-83 (25 pages)

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Because the evidence is burned out in the field of fire events unlike other crimes, it is very difficult to specify a criminal and estimate the fact of an offense. Thus, professional knowledge and a high degree of reasoning are required. It urgently needs to strength investigation skills for fire events in reality that evidence trial based on trial judge is emphasized today. Therefore, it is significant to investigate the actual state of fire and arson investigation system in Korea, identify the problems in the light of systems in advanced countries and propose the implications of fire and arson investigation system of each advanced country. This paper classified the investigation on the fire cause investigation and arson event which was identified to be caused by arson into step-by-step investigation procedures, and investigated how investigation of fire events and arson events is conducted on the focus of fire protection agency and police agency in Korea, the US, Japan, the UK, Germany and France. As a result, responding to fire events in advanced major countries is different based on the social and cultural characteristics, foundation of criminal law and administrative system in each country. Thus, Korea needs to establish the institutional framework to cooperate smoothly in a fire investigation with fire protection agency and police agency based on current situation, broaden the public fire investigation to give expertise, and develop private fire investigation agency such as fire insurance company or private investigators.

KCI등재

5음주운전자에 대한 집행유예의 재범 억지효과

저자 : 정철우 ( Cheol Woo Jeong ) , 윤성철 ( Seong Cheol Yoon )

발행기관 : 한국경찰법학회 간행물 : 경찰법연구 11권 1호 발행 연도 : 2013 페이지 : pp. 85-102 (18 pages)

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The purpose of this study is to suggest a basic materials in criminal policy making by analysing the effectiveness of probation to the DWI offenders. For this study, written investigation data of 32 drivers who had the experience of being sentenced probation and imprisonment for the DWI in a police station, Busan Province Metropolitan Police Agency, 2006-2007, were collected. To compare re-offense deterrence effectiveness of probation and imprisonment, three MOEs(Measurement Of Effectiveness)-observance duration, ACB(Alcohol Concentration in Blood), and driving distance-were used. This study conducted Kolmogorov-Smirnov test to compare deterrence effectiveness between probation and imprisonment. The result of this study showed that probation is more effective than imprisonment: a group of sentenced probation is longer in observance duration, lower ACB, shorter in driving distance than that of imprisoned. This study has some limitations. First, socioeconomic variables such as education level, marriage status, and economic condition were not controlled. Second, the number of sample is small. Nevertheless, this study made valuable contribution in that analysing the effectiveness of probation with empirical data and also the first attempted to use the new MOEs.

KCI등재

6집시법상 해산명령에 관한 연구 -판례 분석을 중심으로-

저자 : 백창현 ( Chang Hyun Ba다 ) , 문경환 ( Kyeong Hwan Moon )

발행기관 : 한국경찰법학회 간행물 : 경찰법연구 11권 1호 발행 연도 : 2013 페이지 : pp. 103-126 (24 pages)

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By the Law on Assembly and Demonstration, police can order demonstrators of several types of illegal assembly·demonstration to disperse, such as unregistered, prohibition-noticed assembly and those being held in prohibited time and place. However, conditions and limitations about order of disperse by police need to be dealt with more precisely in accordance with the judgements by the supreme court that even unregistered or prohibition-noticed assembly and demonstrations should be dispersed under the conditions of generating substantial risk to benefits of people or public safety. This study aims to suggest conditions and limitations about ``disperse order`` by reviewing legal characteristics of the Law on Assembly and Demonstration and the supreme court judgements. 'Disperse order' in Administrative law is ``Police Forcing Order``. Most of the Police Order by police are Forbidding Orders because police order, in general, is brought to prevent a danger of damaging public safety and to eliminate damages that are already occurred. 'Disperse order' as a Police Forcing Order, by the Law on Assembly and Demonstration imposes duties to leave from a designated place. Accordingly, police law enforcement need the definite legal ground and interpretation. Legal precedents hold opinions that conditions where assembly is unreported or prohibition notice is given are not enough to impose disperse order. By the same token, disperse orders should be brought under the condition of the presence of direct and obvious danger to benefits of people or public safety. In this context, the interpretation of 'danger' is very important. When applying to assembly and demonstration cases, the level of danger can be interpreted ``potential`` as is the case with sedition, rather than ``realistic`` danger. Therefore, disperse order can be imposed if there is a possibility of direct and obvious danger. Again, the presence of potential danger is enough requirements. This means that disperse order can be imposed where collective assault, a menace, property damage and, arson are occurred or the organizer declare the end of the assembly or when there is a possible danger of disorder by violating a traffic order maintenance stipulation.

KCI등재

7사례연구를 통해서 본 위기협상의 정당성 근거 -미국을 중심으로

저자 : 이종화

발행기관 : 한국경찰법학회 간행물 : 경찰법연구 11권 1호 발행 연도 : 2013 페이지 : pp. 127-143 (17 pages)

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Crisis Negotiation in the United States has been established after Downs v. United States, (1975). The failure of tactical operation by the F.B.I agents against hostage situation forced the F.B.I. to implement the crisis negotiation. Legal issues such as the selection of personnel, vicarious liability, training, tactics, sensory enhancing technology and the right to privacy during crisis negotiation, and enforceability of promises made during crisis negotiation also have been recognized for crisis negotiation in the United States. The case study on crisis negotiation of the United States will help for the creation of crisis negotiation in Korea.

KCI등재

8경찰공무원 직위해제처분의 법적 성격과 한계 -판례와 소청 결정례 분석을 중심으로-

저자 : 김영식 ( Young Sik Kim )

발행기관 : 한국경찰법학회 간행물 : 경찰법연구 11권 1호 발행 연도 : 2013 페이지 : pp. 145-165 (21 pages)

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Cette etude a pour objet de faire une analyse sur la legitimite de la mesure de suspension de fonctions pour les fonctionnaires de police, lesquelles accordent a l`autorite administrative un certain pouvoir discretionnaire. La suspension de fonctions est une mesure conservatoire et provisoire dans l`interet du service qui a pour effet d`ecarter momentanement du service un fonctionnaire de police et elle appartient au pouvoir discretionnaire de l`autorite. La susp ension de fonctions ne presente pas par elle-meme un caractere disciplinaire. Pour autant, elle est une mesure defavorable a l`avancement des policiers concernes et entraine une retenue sur remuneration. Elle fait donc de l`effet d`une sanction disciplinaire similaire. Cependant, on doute que le pouvoir discretionnaire de l`autorite administrative ne soit outrepasse car les motifs legaux de la suspension de fonctions sont enones avec le concept abstract et indetermine. En particulier, considerant que la police est une organisation administrative qui fonctionne sous la direction et le controle rigoureux, le jugement arbitraire de l`autorite administrative pourrait intervenir dans la decision d`une mesure de suspension de fonctions et la mesure de la suspension de fonctions peut etre employee abusivement comme une mesure de sanctions pour les fonctionnaires de police. En consequence, la suspension de fonctions des fonctionnaires de police doit etre appliquee soigneusement par l`autorite administrative et son pouvoir discretionnaire doit etre exerce conformement a l`objectif institutionnel et legislatif de la meme mesure.

KCI등재

9자치단체와 국가경찰의 범죄예방사무의 협력방안 -CCTV 설치 및 운용상 협력에 관하여-

저자 : 안성조 ( Seong Jo Ahn )

발행기관 : 한국경찰법학회 간행물 : 경찰법연구 11권 1호 발행 연도 : 2013 페이지 : pp. 167-196 (30 pages)

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Generally speaking, CCTV is a necessary evil in our life. It has been thought to be an equipment of crime prevention and social safety. However, it also has been thought to infringe on our basic rights such as portrait rights, privacy and right to self-control over personal informations if the equipment is incautiously installed and operated. Therefore, we have to take the merits and defects of CCTV into consideration when using CCTV for the purpose of crime prevention. This paper suggests the ways to cooperate on crime prevention between local government and police in case of installing and operating the CCTV. Firstly, local governments should cooperate with the police in order to share the expenses of CCTV installation. Secondly, local governments should pay due regard to the analysis of high crime areas and conditions of public security made by the police. Thirdly, among the police, local governments and civil services, at least two of them should be the subject of operating CCTV within the Joint Control Center. For this, personal information protection act should be partly revised. Fourthly, the national assembly or a local assembly should be subjects of supervising the CCTV operation of local government and the police.

KCI등재

10제주자치경찰과 국가경찰과의 협력방안 -특별사법경찰제도를 중심으로-

저자 : 최준혁 ( Jun Hyouk Choi )

발행기관 : 한국경찰법학회 간행물 : 경찰법연구 11권 1호 발행 연도 : 2013 페이지 : pp. 197-219 (23 pages)

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Several welfare criminality that discomfort us such as food hygiene, violation of origin, environmental pollution is becoming wide, intelligent and diversification. To solve these problems, Special Judicial Police System was introduced. Special Judicial Police Officials mean officials who don`t belong to the police, but have the investigative authority by “Act on the Persons performing the Duties of Judicial Police Official and the Scope of their Duties.” And currently local governments such as Seoul is operating special judicial police system that administration officials who are expertise are given judicial police authority and they perform their work from 2008. But this System ist not only theoretically but also practically difficult to justify and the author will show Special Judicial Police in Jeju Municipal Police as a ideal alternative. Jeju Special Self-Goverment Province adopted an autonomous police system and the purpose of this system ist to offer a police service to be suitable in regional conditions. The Work which Special Judicial Police in Jeju takes is closely related to life of citizens. Moreover, it is a good example how National Police and Municipal Police have to share their duty and working area.

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