철도특별사법경찰제도에 관한 법리적 쟁점과 논평

Abstract

This paper was designed to derive legal issues on the railway special judicial police system, present comments on them, and ultimately promote policy suggestions. The main issues can be summarized as the appropriateness of the name, the basis for the exercise of administrative police authority, competition under the jurisdiction of general police officers, and compliance with the principle of legal reservation. The legal authority of the railway police was reviewed in the order of organizational laws, administrative police laws, judicial police laws, and administrative rules. And we looked at the cases of Britain, France, the United States, and Germany and drew implications. Railway police in developed countries were given both administrative police power and judicial police power within their jurisdiction, and security guards were helping regular railway police officers. The legal problems of the current railway special judicial police system are the railway police do not have a legal basis for exercising administrative police power and the Regulations on the Execution of Duties of Railway Judicial Police Officers are only administrative rules. In this paper, five issues were derived and the following comments were developed. First, the Railway Safety Act should be revised so that railway police can exercise their administrative police rights. Second, it is necessary to upgrade the Regulations on the Execution of Duties of Railway Judicial Police Officers to the level of legal orders. Third, There is a great need to reasonably coordinate object jurisdiction and regional jurisdiction with the general police. Fourth, railroad operators should be obligated to operate security personnel. Fifth, it is desirable to reorganize the organization of the Railway Bureau of the Ministry of Land, Infrastructure and Transport.