위험 방지를 위한 출입- 경찰관 직무집행법 제7조의 현황과 개정 방향에 대한 고찰 -

Abstract

rticle 7 of the Police Officer's Duty Execution Act, “Access to Prevent Danger,” is intended to deter, prevent, and make provisions against crimes and dangers. The access of police officers to certain places based on Article 7 is a typical and “classic” police action. In particular, access to the land etc. of other persons in Paragraph (1) is an important means of protecting the legal interests of life and safety of persons in such a case as rescuing crime victims, those who attempt suicide, and those who need help. In practice, the legality of execution such as breaking through the door of a building in the process of entering without the consent of the related person such as the owner of the building comes into question in many cases. In general, legitimacy is reviewed with regard to the state’s reparations, compensation for losses, and crimes against public execution. Article 7 can be evaluated as mostly providing the correct basis and judgment criteria for the entry of a police officer. However, there are some questions about whether Article 7 is the optimal prescription to harmonize the need for access as a police measure with the guarantee of basic human rights such as freedom of residence, privacy and business. First of all, there is the question of whether the requirement to allow access in Article 7, Paragraph (1) properly covers the case in which a police officer must enter another person's land etc. in an urgent situation, or if Paragraph (1) properly includes the necessary actions. In Paragraph (2), it is asked whether the place to be accessed is in accordance with the purpose of the paragraph. What does it mean that Paragraph (3) stipulates a search, and is it appropriate that the paragraph sets limits to conducting counter-espionage operations? It is also questionable whether the mere presentation of a police officer’s identification card at the time of entry in Paragraph (4) is sufficient to protect basic human rights and to make the police operation legal and safe. Furthermore, there may be controversies about whether effective police actions can be implemented only by the current regulations in the case of interfering with or resisting entries and searches. This paper examines the current status and features of each paragraph of Article 7, identifies the problems presented in the current regulations and reviews the appropriate direction for legislative revision.