경찰의 직무수행과 관련된 국가배상실태와 개선방안

Abstract

Generally if any citizen is injured by unlawful act committed by police officers in the exercise of police actions, he or she may claim just reparation against the State. So police officers in today's litigious environment live under the constant threat of civil litigation. The purpose of this study is to analyse the state compensation system which related to police action and to suggest some reform measures. Before suggesting on the reform measures, we researched 95 legal cases against police officers. Until now there have been some issues for state compensation related to police actions. The basic issues are abusive exercise of compulsory investigation, publication of facts of suspected crime, the lack of training for traffic policeman, assaults among riot police and abusive use of firearms. The following items can be suggested as solutions and alternatives for the issues. First, it is necessary to make it a rule that investigation without physical detention and avoid publishing of facts of suspected crime before conclusive judgment. Second, it is need to improve the training method for traffic policeman and develop traffic safety equipment. Third, it is needed to make a effective riot police management system. Forth, it also necessary to install constant firearm training center to develop policeman's ability for firearms.