자치경찰법안의 개선방안에 관한 연구 -역대 정부의 자치경찰법안을 중심으로-

Abstract

After the implementation of the local autonomy system in Korea, various tasks for the decentralization were proposed and promoted by the successive governments. The introduction of the municipal police was proposed as part of the tasks for local autonomy system and the decentralization, and every governments intended to promote municipal police. Relatively recently the Korean government examined the introduction of municipal police seriously. The municipal police was discussed intermittently from the beginning of the national police in 1945 but interrupted by political and historical circumstances. After the Kim Dae-jung government adopted the municipal police as a political agenda the discussion was restarted in earnest. However, insufficient condition hold the municipal police introduction back and finally the municipal police was established July 1, 2006 by Roh Moo-hyun government. Meanwhile Lee Myung Bak government announced the early implementation of the municipal police by including the introduction of the municipal police at the city · county · district level in a-hundred- grand scheme, but it comes to a standstill due to the various political circumstances. However the introduction of the municipal police dose not lead the immediate democratization of the police and public security. The municipal police can be subordinated to local political authority and some matters should be considered including high possibility of abuse of power in the light of political neutrality failure by local authority, the operational deviation in each municipal police due to the vulnerability of the local finance, and, above all, the high possibility of human rights violation on the disadvantage from unclear role and authority of the municipal police. In order to prevent those matters, the establishment of municipal police measure suitable to Korea and its nationwide settlement is vital. In that respect this thesis has great significance to prevent possible issues. The possible measures on the municipal police are as follows. First, Considering low population in basic local government, possibility of the police service gap among local governments caused by financing ability, lack of cooperation in large-scaled cases, limitations on personnel management such as promotion or transferring, lack of training facility for police officer and difficulties in using police equipment only after implementing municipal police centering to local government, letting local autonomy system taking firm root in Korea, and building fundamental conditions for municipal police the implementation of municipal police at a basic local government is possible. Also in order to minimize disadvantage of representative system and arbitrary system and maximize their advantage, the measures that allows the police committee as an administrative office to make policy decision and police execute the decision are needed. Second, the municipal police work should be prescribed separate from that of national police to meet the purpose. The clarity in working range is the basic principle of police administration in a constitutional state and the clarity makes administrative responsibility possible Third, when it comes to the right to appoint the head of municipal police let the security administration committee rather the local governor appoint the head following recommendation from the local governor to expand the adjustment and control range beyond its area at the same time to enhance political neutrality. Fourth, the law that the governments provides the municipal police with financial supports to prevent inequality in public security service among local governments caused by the fiscal self-sufficiency of the local government should be enacted. Fifth, mutual supplementary cooperation between national police and municipal police is needed. National police and municipal police should maintain cooperation and report the operational condition of police force and police statistics to each other. Achieving that relationship requires compulsory cooperational matters such as mutual support system, sharing facility equipment, establishing networks. Sixth, extending the adjustment and control function of the security administration committee supplements limited the adjustment and control function. Citizens take a vital role in implementing the municipal police. More citizens should recognize that they are not only the object of the police service but also the main subject of the police activity and police themselves. Citizens with this recognition will actively support the municipal police. At the same time leading citizens to take part in volunteering or supporting work completes true municipal police.