불심검문에 관한 비교법적 고찰

Abstract

The random questioning is typical duties of a police officer for the prevention of crime and risk prevention. The random questioning is occupied an important position in the event police power to commit a crime prevention and early detection of the occurrence of another crime and other crimes in the modern world, characterized by massive castle of the damage caused by crime. Police officers through careful due process and the rule of law, while realizing strong public power must be exercised to prevent and avoid the risk of crime in their duties as executive should protect the fundamental rights of citizens. Thus, police officers should realize the purpose of harmonizing the objectives and police power exercise of fundamental rights of the people protected in the exercise of police power . The random questioning of our country can be seen that focuses on the fundamental rights of citizens rather than protect the purpose of maintaining peace and order police public when compared to those who recognize the compulsory inspection of police random questioning case of major foreign countries. In this context, the paper first and then a general discussion on random questioning, comparison about the act on the performance of duties by police officers random questioning and legal random questioning of major foreign legal review and draw implications and legal improvements regarding random questioning it presented.