가정폭력 범죄 장소에 대한 경찰의 강제출입 가능성 검토

Abstract

Police officers who received a report of a domestic violence crime, entered an apartment house designated as the crime scene through unlocked front door. They were assaulted by the house owner, and he was charged with obstructing public service. However, the court found him not guilty for the fact that the situation at the scene was different from the report. This article focuses on the case to examine whether police officers who have been notified of domestic violence crime can forcefully enter the home of crime scene. As the investigational disposals, Article 216 (1) 1 and (3) of the Criminal Procedure Act were reviewed. Police officers may forcefully enter the house by Article 216 (3), if there is a resonable belief that domestic violence is underway in it. After the crime, under Article 216 (1) 1, police officers may get into the house in case a suspect subject to emergency arrest is still there. As the administrative disposals, Article 7 of the Act on the Performance of Duties by Police Officers and Article 9-4 of the Domestic Violence Prevention Act were reviewed. By the Article 7, police officers may forcefully enter the house, if the offenses are at present and it is difficult to find alternatives to protect victims from dangers to life, etc. However, at the same condition police officers have power to enter house by Criminal Procedure Act, and it is difficult to meet the requirements of the Article 7. Thus, the effectiveness of the Article is not great. Article 9-4 may be recognized as compulsory administrative investigations, and when we see it that way, police officers can actively protect victims under the Article. Revising the Article to clearly endorse police officers the power to forcefully enter the house reported as the domestic violence crime scene in case police officers have made considerable efforts but cannot confirm the authenticity of the report, will be a solution to the problem.