경찰 신변보호제도의 개선방안

Abstract

This dissertation aims to improve the personal safety protection system of investigative agencies. It first examines the current domestic legal framework for personal safety protection measures, analyzes its shortcomings, and explores relevant foreign legislative examples to derive implications. Furthermore, it revisits previous improvement directions and proposes specific improvement measures for the personal protection system. The current legal framework lacks systemic consistency, as personal safety measures are fragmented across individual statutes including the Act on Punishment of Specific Serious Crimes, the Whistleblower Protection Act, the Act on the Prevention of Domestic Violence, and the Act on the Punishment of Stalking. This dispersion hinders a unified interpretation of such measures. Additionally, the eligibility for personal safety measures is restricted by requiring individuals to meet specific criteria, such as being a witness, a complainant, or a victim of domestic violence or stalking. The absence of mandatory separation orders between perpetrators and victims also undermines the efficacy of these measures. Furthermore, the requirement of prosecutorial review for temporary or provisional measures under the Domestic Violence Act and the Stalking Punishment Act introduces unnecessary procedural hurdles and delays the implementation of protective measures. Our review of foreign legal systems indicates that many jurisdictions have enacted witness protection statutes, comparable to Korea's Witness Protection Act. However, for crime victims, police regulations often provide the primary mechanism for preventing further victimization by issuing orders such as eviction, no-contact orders, and restraining orders to separate perpetrators from victims. To enhance the enforceability of these orders, many jurisdictions have provisions for protective custody or arrest for violations. Consequently, this paper proposes a legislative amendment to: (i) establish a statutory basis in the Police Act and the Criminal Procedure Act for comprehensive personal safety protection measures; (ii) develop effective measures, such as restraining orders, to deter perpetrators; (iii) authorize judicial police officers to take immediate measures at the scene of an incident to ensure prompt implementation of safety measures; (iv) establish judicial oversight mechanisms for emergency measures taken by judicial police officers; (v) eliminate unnecessary prosecutorial review procedures to expedite the implementation of measures; and (vi) establish penal provisions to enhance the enforceability of personal safety measures.