자치경찰제의 발전을 위한 입법적 개선 과제 – 경찰권의 효율적 분산과 민주적 통제를 중심으로 –

Abstract

As nine months have passed since the autonomous police system was implemented in South Korea, demands for improvement of the autonomous police system are growing. This kind of discussion needs to actively consider the achievements of the Local Autonomy Act, which has been constantly improved and developed since 1991, when local autonomy began. This is because the autonomous police system is also a part of the local government system that improves the lives of residents, the subject of resident sovereignty, and innovatively expands the responsiveness of the police to residents. This study analyzed the reason and background for the complete revision of the Police Act, and reviewed the purpose and contents of the revision of the Local Autonomy Act, which is evaluated as having made remarkable improvements recently. Through this, the framework of research analysis was derived: ①efficient dispersion of police rights, ②democratic control of police rights, and ③increase of resident responsiveness. However, for the purpose of this study, legislative improvement tasks were derived and analyzed focusing on two issues excluding resident responsiveness. As for the contents of the proposed legislative improvement, first, the limitations of the existing approach to distinguish police affairs first for efficient dispersion of police power were pointed out, and a new approach was proposed as a so-called 'reversed unified police system'. Second, since the provisions related to the National Police Commission, which were excluded from the revision of the Police Act, still stipulate that the jurisdiction of the committee is 'a matter of national police administration', it was pointed out that there is a problem in terms of inconsistency with the provisions of The City and Provincial Police Commission. Third, it was proposed to remove the authority of the National Police Commission to recommend The City and Provincial Police Commission members and expand the number of city and provincial governors to two, reflecting the Supreme Court's collective position that local governments should guarantee as much as possible. In order to expand the scope of residents' participation, the necessity of establishing a (tentative) Central Local Public Security Cooperation Meeting was suggested by actively accepting the purpose of the establishment of the Central Local Cooperation Council under the Local Autonomy Act.