A Study on the Role of the Minor OFFENSE Screening Committee in Republic of KOREA

Abstract

Recently the Korean police organization has faced the domestic and international changes; the rapid social changes and increasing desires of various civil human rights. So social asks for the quality-improvement of the procedure of investigation have been increasing and various ways for satisfying their needs have been focused. In connection with this situation, the academic world has been interested in the minor offense screening committee to guarantee appropriateness of investigation. The police invited citizens and formed the minor offense screening committee that decides which offender should go to summary trial or be dismissed on warning. Korea minor offence screening committee is the system to preserve civil right through rapid procedures. Therefore the purpose of this study is to analyze present condition and problem of minor offense screening committee. Consequently this study will offer effective ways to guarantee human right. Firstof allthe minor offense screening committee shall screen the following matters: Larceny, Embezzlements of Lost Articles, Fraud(free riding, eating without paying a bill), Crime of Violence, Object of Summary Judgments in a criminal offence and so forth. And Subject for Screening shall be following persons; the person who has no criminal history recode, the person who needs social the person who has no summary judgments recode within the limit of one year and economical protection in the reason of disabled person and basic living security received people and so on. And the committee shall be comprised of at least seven but not more than nine members, including the chairperson. Consultants are chosen three to five people who have much knowledge and experience in and take respect from community. The terms of office for the consultant shall each be three years and they may be reappointed or recommissioned only once. The chiefs of police stations may dismiss any consultant of the Committee who falls under politicians who are elected, party member and the persons who are concerned in policing. Also committee can make a decision on the minor crime by the summery judgements or initial disposition maintenance and on the summery judgements by the dismissal with a caution or initial disposition maintenance. The chief of committee makes a decision by over two thirds of attendant members including the chief and members recode the opinions on the report of the minor offence screening committee. Also the chief of the police station can take a support action to prevent the repeated crime of the subject of screening: the connection to the welfare department of the local government. On the basis of above study result, this study suggested some necessary ideas on managing and administrating the minor offense screening committee effectively in the future. Concretely, this study proposed exclusion, recusal and refrainment of minor offence screening committeemembers. Also this study suggested Procedure for raising an appeal and mediation.