헌법상 지방자치 원리에 따른 자치경찰제의 개선방안

Abstract

It can be said that the participation of residents of the local community is essential for true local autonomy. Legislators should prepare various institutional mechanisms for residents to participate in local autonomy practically. The basis can be found in the nature of local autonomy. In the case of local autonomous police, in order for residents to participate directly or indirectly and become autonomous police by residents, their essence must be found in resident autonomy. The essence of the autonomous police system is that local governments have authority and responsibility for the police organization and operate the police organization with the participation of residents. In this dual model, when the national police and the autonomous police are separated, local governments have authority and responsibility for police organization and operation and perform autonomous police affairs. In other words, in the dual model, the most basic prerequisite is that the national police organization and the autonomous police organization are distinguished. The model of decentralized local autonomous police should organize an autonomous police organization composed and operated with its own budget and its own manpower in accordance with autonomous decisions in local assembly formed by direct elections of residents at least. In this case, the dual model that provides autonomous police services for local residents under the responsibility of the head of the local government, which is the mayor/governor, is more consistent with the principle of local autonomy than the unification model. In conclusion, in order for everything related to autonomous police to be organized and operated in accordance with the ideology of local autonomy, basic local governments should have an autonomous police force that can actually exercise police power, and an area patrol unit or police substation should also be established. And in particular, in the autonomous police system, it should be stipulated so that full authority and self-responsibility for police affairs can be well guaranteed.