경찰법상 일반수권에 의한 위험방지에 관한 연구

• 영문명: A Study on the Prevention of Danger Based on the General Commission Provided by the Police Law
• 발행기관: 유럽헌법학회
• 저자명: 이재삼(Jae Sam. Lee)
• 간행물 정보: 『유럽헌법연구』제3호, 333~368쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.06.30

영문 초록

The police are defined as national activities(that is, a state function) designed either to protect an individual or the public from a danger threatening the public peace and order, or to prevent harm by removing disturbances endangering public peace and order. It is defined in the Article 3 of the Police Law that `the police are obligated to protect the people`s life, body and property and to maintain the public peace and order. Also in the Article 2-5 of the Law Concerning the Police Officer`s Performance of Duties `upholding the public peace and maintaining the public order` are defined as the primary duty of the police officer. In other words the main duties of the police include crime prevention, suppression and criminal investigation, guarding, key figures escort, counter-espionage operations, compilation, collection and distribution of information on public peace and order, maintaining a traffic order and preventing danger, and other responsibilities such as upholding the public peace and order. And the Article 5-1 of the Law Concerning the Police Officer`s Performance of Duties stipulates that `police officers shall warn the people gathered on the spot, caretakers or otherwise related persons of the impending dangers of a natural disaster, a disturbance, loss and damage, a traffic accident, explosion, appearance of a mad dog or galloping horse, extreme state of disorder or other dangers, and may detain or evacuate the endangered person or take the necessary measures or instruct the people gathered on the spot, caretakers or otherwise related persons to take the necessary measures.` In short the police are required to fulfill their commissioned duty of maintaining public order, thereby protecting the people`s freedom and rights while efficiently performing the duty of the police. For this reason the police`s crime prevention and control, prevention of traffic dangers, and prevention of dangers resulting from firearms, explosives, gunshot, a rifle range, an assembly and demonstration, businesses offering food and entertainment, a speculative act, which are based on the general commission provisions of the Police Law, are all too important. However, the police are unable to engage in the prevention of dangers without legal foundation, even though preventing dangers belong to the police administration. In other words, the office regulations of the police based on the Police Law should not bring about the restriction of the rights or disadvantage to the person in question. Since police functions, in general, belong to the category of 침해행정, and since police actions are accomplished in the form of giving orders or violating the rights of the person in question, such actions require legal foundation complying with the principles that the performance of administrative functions should be based on the law. The Article 1-2 of the Law Concerning the Police Officer`s Performance of Duties stipulates that `the authority of a police officer shall be exercised to the minimum extent necessary for his or her performance of the duties and shall never be abused.` That is, the Law Concerning the Police Officer`s Performance of Duties emphasizes the principles of the least violation and prevention of the abuse.

목차

Ⅰ. 서론

Ⅱ. 경찰법상 위험방지의 법적 근거

Ⅲ. 경찰법상 위험방지의 문제점

Ⅳ. 경찰법상 위험방지의 발전방안

Ⅴ. 결론

〈참고문헌〉

〈Abstract〉

키워드

Police Police Law Act on the Performance of Duties by Police Officers Danger Prevention Crime Prevention A Principle of Comparison