경찰상 즉시강제로서의 출입에 관한 연구

Abstract

‘The Police Administrative Instant Compulsion’ is a means of ensuring legitimized use of force by enforcement officials against people or property when necessary, under urgent situations in which they need to remove the obstacles in the course of duties, nonetheless don’t have enough time to get a required authorization in order to fulfil their duties. Based on the laws concerning the police administrative instant compulsion, police are allowed to enter in private property where obstacles or risks are exist and are able to ask questions, research, collect data, and demand submission from the persons concerned. However, breaking down door is not allowed regardless of regulated penalties for the denial of entrance or obligations to comply with request by police. That is, penalties exert an indirect effect on the use of force. The use of police administrative instant compulsion can be authorized only when satisfying conditions such as urgency, the presence of risk, and supplement within the limits of the principle of proportionality. Because it can be understood as an exception of the warrant system, which may breach the fundamental human right, there are relevant regulations requiring legal procedure satisfying the warrant system. The Supreme Court uphold the decision that the police administrative instant compulsion should follow the procedure of the Criminal Procedure Code to collect evidence of crime which already occurred. Therefore, laws, regulations, requirements and limitations regarding the police administrative instant compulsion should be strictly and restrictively interpreted to protect the fundamental human right.