경찰공무원의 독직폭행에 관한 연구

Abstract

This study analyzed and reviewed about the legal grounds and features, the realities and cases, and the un-constitutionalities of its law related to the Corrupt Violence of the police officers. Viewed in the criminal law, the Corrupt Violence is the crime of abuse of police’s authority among the crime of the duties of civil service in Chapter 7. And the Crime of Violence of the criminal law(article, 125) corresponded to the Corrupt Violence among the crime of abuse of police’s authority. In here, the concept of ‘violence’ means ‘the use of tangible force to the humans body.’ The Corrupt Violence is illegal in principle, but the special cases, for example, when the police officers doing his works according to the reasonable enforcement of duties or the order of a senior officers, the illegalities can be excluded. And the general crime of violences are approved, but in the case of the Corrupt Violence which is done by the special civil service, that is the police, there is no room for acknowledgment. Statistically, the accidents of the Corrupt Violence are constantly growing. And the rates of prosecutions of its are low dramatically compare with other general criminal cases. We can find or estimate the reasons as following. That is, though the consciousness about the human rights of the police are improved, the improper customs are existed as usual. And the relief consciousness of individual’ rights are reinforced, and the interests are largely increased. As everyone knows, the scandal of Corrupt Violence committed by the detectives of the Yangcheon Police Station in 2010 is recognized on of the most notorious case. The five detectives infringed the rights of the twenty one criminal suspects in the course of investigation for finding the substantial truth. Of course, these police behaviors are obviously wrong without an objection. But, sometimes offensive criminal suspects or citizen(such as a heavy drinker) can protest or attack to the police when in the course of the police perform of his lawful duties, eventually being victimized such as violences or injuries by them. Such being the case, an police officer claim the Constitutional petition(about the criminal law(article, 125) to the Constitutional Court of Korea. About this case, the court make a judgement that the article does not violate the principles of clearness, proportion, and equality. But although the result, the possibilities of the dispute between the lawful performance of the duties of the police and the Corrupt Violence are remained. In my opinion, to solve the problems of the Corrupt Violence some degree, we must or need to approach more basically in the situation of the national‧criminal policies. Recently, in criminal justice the discussions of arbitration about the authority of investigation between the police and the prosecutor are continued actively. In this situation, if the police can not suggest the solution to the problem of the Corrupt Violence, we can not worry about that the Government endow the police with the authority of investigation.