경찰의 공무집행 방해 대응 현황과 법적 허용 수단

Abstract

Penal Code 136 Article, and defines a public affairs executive interference crime to allow punished by a fine of not more than five years in prison or 10 million won. The spirit, which defines the public service interference as punishment, by state agencies to control that to interfere in order to enforce the proper law, are trying to protect the public service is a country of function. In this paper, and is configured in Chapter 4. Chapter 2, for obstructing executive officers, for the corresponding situation in the police, it was examined the current state of public affairs executive interference judicial processing of five years. Chapter 3, the legal authorization of defined public affairs executive to legal criteria and the police duties of enforcement methods required to determine the public affairs executive interference to imply the legal provisions relating to public affairs executive interference, it was examined mainly on drunkperson problem, checkpoints, police equipment. Obstructing executive officers crime that occurs during the execution of the duties of the police civil service has a public service to try to achieve a public authority execution, has been able to use the dominant position and authority in relation to its subject, and its authority, by utilizing the enforcement must be to avoid abuse public power. Under the judgment of the intimidation and violence of the scene police officers has exceeded the limit in the process of implementing a public power, hard-line Policy of investigation agencies, and led to an increase in the arrest warrant, so that human rights violations can be generated in this process, become. In a free democratic constitutional state, All the people should observe the law and state power protects the people's freedom and rights, the power action in order to guarantee the basic rights of the people. Furthermore, should not be unduly infringe on the national basic rights in preference to governance action of the state the basic rights guaranteed national. In a country of rule of law, to the state power to limit the fundamental rights of citizens, it must be always law, the limited national security, maintain order, is limited due to the public well-being, if you want to limit, also, its essential content can not be a violation. And thus when the exercise civil servants a state power to the public service executive also become restricted by these general methods reserves, it is necessary to protect the appropriate public service executive defined by the law and the legal public service.