주취자 보호조치의 문제점 및 입법적 개선방안

Abstract

The Law of Execution of Policemen’s Duties, Article 4 stipulates that when a drunken person (drunkard) needs first aid or disturbs public peace and order, policemen should take protective activities. However, there are problems in the protective activities that policemen can take in accordance with this Article, and these problems are divided into the problems in the system of protective activities for those who need first aid and the problems in restraint means against the drunkards and the former problems consist of (1) the problem of the main agent judging the need for first aid, (2) the ambiguity of the scope of public aid agencies, (3) the problem of protections within police stations, and the latter problems consist of (1) limitations of utilizing criminal compulsory measures, (2) limitations of utilizing administrative compulsory measures, and (3) the problem of using police equipment. Thus, in our country, actually drunkards are in a socially abandoned state due to inadequate legislation and very poor protective functions and the police is made to bear the burden of protecting and managing these people. Based on the problems of the exiting system, the ways of improvement of the protective activities for drunkards in the legislative aspect are as follows. First, the cooperative system of multi-organizations in which medical institutions and firefighting organizations participate should be established as the main agent that judges the need for first aid. Second, protective organizations for drunkard should include local autonomous entities and various medical institutions and particularly it should be made clear that local autonomous entities which are the main agents of welfare administrative service are the main agents as protective organizations. Third, the rational protective model for drunkards should be developed. Fourth, protective detention regulations should be established so that the legal basis for the exercise of the police authority can be made. Fifth, the requirements of those who are subject to compulsory measures should be clearly defined so that the abuse of the police authority can be prevented,Sixth, the expansion of using the police equipment and introduction of new police equipment are needed. Seventh, the amendment of the Law of Execution of Policemen’s Duties, Article 7, the access regulations for danger prevention, is needed. Eighth, new law for the protection of drunkards should be enacted.