위험 방지를 위한 경찰관의 가택 출입권에 관한 정당성과 입법적 개선 방안

Abstract

「Law enforcement officer's job execution Act」 Article 7 is grounds for police intervention in an imminent situation for risk prevention. The rule stipulates that forced entry into a house can intervene against privacy which is protected by the law of State power. It is very important to be in harmony with the conflict interests. Police power in dangerous situations should be very specifically described and controlled to ensure maximum rights of the people. A police officer who is given one-sided compulsory power to go against the will of a resident should be assured by the legal requirement of Article 7, which is the authority clause. And the criteria to enter the private sector depends on the risks to human life, body or property which are imminent. It should be a situation where rescue measures are needed through police intervention immediately and police intervention should be supplemented. At this time, the criteria of the police officers include the protection of life and the body, the seriousness of crime such as murder and kidnapping. It includes who is the subject of the protection, relative to the violent crime such as women, children, and the elderly. The vulnerable groups are considered to be highly vulnerable and the important consideration in determining whether or not they are urgent. Article 16 of 「the Constitution」 creates a problem of conflict between the fundamental rights of freedom of dwelling, In the case of Article 7 of 「Law enforcement officer's job execution Act」, It is reasonable to assume that the warrant, which is a means of guaranteeing procedural and fundamental rights is not used. The Constitutional Court found that the search for finding a suspect has separate procedural and legal benefits in comparison with arrest warrants. The exercise of the power of the police should be very limited in relation to the range of exercise of police authority after access to home, As the Constitutional Court has shown, the search for a residential area has not been granted a provision. you will need a separate search warrant for search of the house to find the suspect even if the arrest warrant have been issued. Even if you go to a residence based on Article 7 (1) of the 「Law enforcement officer's job execution Act」, you can not search through the inside of the house. If there is a search, it should be seen that it is converted into an act of investigation by judicial police. Legislative amendment should be made according to the examples of 「Domestic Violence Prevention Act」 and the 「Child Abuse and Punishment Act」, which have the right to verify and inquire the suspicious situation on the basis of authority. Confirmation and the reason for the police officer's action, and the loss occurred by the process of the police officer's execution should be notified for the proper method to ensure the privilege. The fact that you may be eligible for rehabilitation and a written confirmation of your procedural. After the Police action at the house entrance, there is a plan to send documents containing remedies for loss compensation incurred during the enforcement process.