성폭력 범죄의 공소시효에 대한 비교법적 연구

Abstract

When public peace and order was in serious danger or the crime occurred in massive unlawful violent assembly and demonstration, the police has taken shooting and recording to understand the situation and to collect the evidence of guilty. But progressives civic groups have long insisted that such measures of the police have no plain legal basis under existing law. 55) I agree with their opinion on the matter partially. but, Today the mankind society lives under the disclosure to all types of danger unknowingly. In the circumstances, if we do not broadly interpret the individual empowerment clauses in the Act on the Performance of Duties by Police Officers or do not authorized the police to his own discretion, the police can not prevent new patterns of danger despite the hazard to the public and system very soon. This is also true in assembly and demonstration. To prevent serious danger in public peace and order and to collects the evidence of guilty, the police must take such measures in massive unlawful violent assembly and demonstration. Therefore, Article 2, No 6, of the Act on the Performance of Duties by Police Officers must be interpreted broadly as the general empowerment clause. As a result, the shooting and recording of the police in massive unlawful violent assembly and demonstration have legal basis on this regulation. First of all, an authority rule for the shooting and recording of the police in assembly and demonstration should be established in the Law on Assembly and Demonstration.