강제집행에 있어 경찰 개입의 법적 근거와 한계 - 사법 및 행정 경찰로서의 권한 행사와 방식

Abstract

Police forces are required to be present at the scene of civil execution or administrative vicarious execution to prevent possible risks and to control crimes committed in due course. Often times, police forces are even requested by the executors to participate in compulsory execution itself. Under such circumstances, could the direct participation by the police forces in compulsory execution be justified? What is the scope of justified involvement by the police forces with compulsory execution? In what manner and form the legal authorities of the police forces need to be exercised?This paper, after analysing that Civil Execution Act or Administrative Vicarious Execution Act does not provide any legal basis for the police forces to participate in compulsory execution in a manner in conflict with the original duties of police, illustrates the possibilities and limitations of police participation in compulsory execution based on the two different legal authorities of police granted under i) the Criminal Procedure Act and ii) the Act on The Performance of Duties by Police Officers. Each legal authority has its own aim-i) crime investigation as judiciary police and ii) risk prevention as administrative police-requiring to adhere its own procedures and limitations. However, though it may seem simple and easy to distinguish retrospectively the compulsory execution situations requiring different legal authorities to be exercised, police in the field confronting the immergent situations have difficulties in making proper and immediate differentiation. Thus, this paper suggests the proper legal authorities to be exercised and the limitations to be sustained by the police in regard to the crimes or risks usually encountered by the police during compulsory execution.