「경찰관직무집행법」 제11조의5 물리력 사용 경찰관의 형사책임 감면조항의 타당성에 관한 연구

Abstract

Public distrust of police grew over two police officers’ poor response to an attempted murder case in Incheon, Korea on November 15, 2021. The incident resulted in a public outcry for police reform and measures to address police incompetence as a female officer left the crime scene while a victim was stabbed in her neck. After the incident, the Korean National Police Agency initiated a revision to the Act of the Performance of Duties by Police Officers on the ground that the potential for criminal liability from use of police force is a primary obstacle to officers’ proactive law enforcement in the field. As the National Assembly approved the revision, police officers can be immune to criminal liability or their liability can be mitigated when they meet the requirements in the immunity clause. Nevertheless, the legislation faces strong opposition as it fails to adopt the concept of objectively reasonable mistakes in use of police force situations. In this regard, the current study critically reviewed the adequacy of the immunity clause within the context of legal nature of police force, police use of force standards as well as immunity to criminal liability clauses in 41 states in the United States of America. The present study proposed several policy implications for proper use of police force including the revision of the current immunity clause, changes in police officers’ weapon carrying systems and police officer requalification systems.