시·도자치경찰위원회의 법적 성격 및 지위, 그리고 자리매김을 위한 소고(小考)

Abstract

In February 2019, the introduction of the Self-governing Police System was confirmed for Metropolitan and Provincial Governments, and on December 22, 2020, the 「Police Act」 was amended to the 「Act on Organization and Operation of National Police and Self-governing Police」 and took effect on January 1, 2021. As a result, a series of preparatory procedures were carried out to implement the Self-governing Police System, including the establishment of the Municipal and Provincial Self-governing Police Commission and the formation of members, from April 1 to June 30, supplementing the system and reorganizing the ordinance. The Self-governing Police System has dualization and Unification models, and the revised 「Police Act」 takes a Unification model. The law divides police affairs into national police affairs and self-governing police affairs while taking a Unification model, and among them, self-governing police affairs are led and supervised by the newly established the Municipal and Provincial Self-governing Police Commission. The establishment of the Municipal and Provincial Self-governing Police Commission. This is the biggest feature of the current Self-governing Police System, which is the core of the Self-governing Police System. Meanwhile, as the law adopted a Unification model, organization system to accomplish self-governing police affairs remained the same as the existing police system. The Municipal and Provincial Self-governing Police Commission is a local administrative agency belonging to the Municipal and Provincial Governor, but as a collegiate administrative agency, it independently performs its duties belonging to its authority. However, there is still controversy over the legal nature of the Municipal and Provincial Self-governing Police Commission, and confusion arises in the operation process. Under these conditions, the strategic direction of local governments is required to minimize side effects and make a soft landing at the beginning of the introduction of the Self-governing Police System. For the successful settlement of the Self-governing Police System, the following matters shall be noted in the operation of the Municipal and Provincial Self-governing Police Commission. First, the purpose of the Self-governing Police System should be to aim for the value of democratic, local, and self-governing police administration. Second, the scope of the affairs of the Municipal and Provincial Self-governing Police Commission needs to be established in detail. Third, it is necessary to further refine the authority of the Municipal and Provincial Self-governing Police Commission to direct and supervise the Chief of the Municipal and Provincial Police Agency by deliberating and voting on self-governing police affairs, and appointment rights shall also be delegated and exercised in accordance with the legislative purpose of the Self-governing Police System. Fourth, we should also pay attention to how to maintain the independence of the police administrative duties held by the Municipal and Provincial Self-governing Police Commission from the heads of local governments, the fourth elected official. This is because it is also directly related to the independent performance of the Chief of the Municipal and Provincial Police Agency. In order for a system to be established, many trials and errors are expected, and so are the Self-governing Police System. Therefore, instead of discussing the failure of the Self-governing Police System by pointing out the above problems, efforts should be made to repair and supplement the problems. The Municipal and Provincial Self-governing Police Commission are at the center of a balanced Self-governing Police System that maintains unity with the national police administration while connecting with residents-friendly and local administration.