소방 특별사법경찰의 역할 제고 방안

Abstract

Fire service had been known to suppress fire before modern society,lately it has been recognized to protect safety and life of people while rescue and relief in the emergency conditions and not only prevention and suppression of fire but also calamity and disaster. Police is divided administrative police and judicial police as directly purpose, and judicial police in charge criminal investigation is divided general judicial police and special judicial police. Fire service administer special judicial police against violation by relation to fire such as fire common law, the law of fire institution establishment maintenance and safety management, the law of fire institution construction business, and the law of safety management for dangerous article. Fire service go start to fire spot and accomplish fire investigation the most frequently, but fire service cannot investigate arson because they have not possess the right of investigation for arson or accidental fire. Thus, the law related fire service and the reality of the works of charge is analysed. The case is researched and is taken the methods to improve the role of special judicial police for fire service. Fire special judicial police impose a fine for default more than judicial disposal in the case violation against fire common law and so on. This system utilize to accomplish administrative purpose as means to guarantee practical effect more than to accomplish judicial purpose. Below about 3% of all happening fire is arson, these case police investigate on the whole, but it is rational that fire service in charge of all fire accidents should assign to investigate of arsonist. Special judicial police system is manage to consider the specialty of administrative affairs. The plan to improve will present the role of fire special judicial police should increase and fire service should investigate arsonist and the person of accidental fire because of large experience for fire accidents.