법령용어(체포, 검거) 사용의 정확성에 대한 고찰

Abstract

The use of two terms arrest and apprehension is no longer a rare occurrence, but the terms are used together as the same words or misused without being understood correctly. This is a universal phenomenon not only in everyday life but in the field of the law. As explained above, it's because legal terms that are currently in use aren't based on our own Korean law but on the Japanese one. The purpose of this study was to make a definition of the misunderstood and misused two terms, arrest and apprehension, and to examine the accuracy of the use of the legal terms in the current law, as legal terms are going to be modified so that people in general could easily understand the terms. When it comes to the definition of the terms, the use of arrest is limited since it is used only when a suspect is seized, but there is no limit to the use of apprehension, as it is used when someone is taken into custody or put under control or when a sentence of a suspect is executed, etc. As for the exact meaning of the terms, arrest is an umbrella term that is comprehensive of apprehension,confinement and detention, but apprehension just denotes a temporary detention. First, there are provisions that misuse apprehension when someone who is the object of arrest is seized. That is one of the typical incorrect legislation examples that must be corrected. Second, all the other provisions that misuse apprehension though arrest is the right term in terms of meaning should be corrected as well. The existing provisions make it difficult to find out whether the case is arrest, custody or execution of the sentence. At the same time, the provisions make it impossible to distinguish confinement from detention, which are the behavioral concepts of arrest. Third, some provisions made the right use of apprehension, which are about the use of police equipment in the law of the performance of the police duties or about the most wanted criminals to whom an arrest warrant is issued. The term apprehension that is comprehensive of not only the object of arrest but the object of custody must be used in these provisions. This study is expected to get a more accurate understanding of the use of the terms arrest and apprehension, and to make a contribution to the right use of the terms not only in the law and daily routine life but during the job performance of the police.