제주자치경찰의 특별사법경찰사무

Abstract

This study investigated autonomous police affairs pursuant to 「The Judicial Police Duty Act」 by reviewing the idea, details and characteristics of Special Judicial Police affairs pursuant to Article 90(4) of the Special Act of Jeju Special Self-Governing Province. The purpose of this study, by doing so, is to present a desirable interpretation and way-forward in regards of the special judicial police affairs of autonomous police to provide a more locally-customized practical policing service. With respect to the affairs of autonomous police, the focus is placed on the authority transfer from the national police. In this sense, the affairs of autonomous police are entrusted duty. Based on the principle of self-responsibility, however, the affairs of autonomous police become its original duty. From this perspective, it was found that the autonomous police duty is to provide locally-customized series of practical policing services on the continued bases in line with its essential nature. Under the Jeju Autonomous Police and Special Judicial Police Affairs, special judicial police officers designated by Chief of Prosecutor are viewed as unusual form of judicial police duty treatment, who receive order of prosecutors only. But they are not police officers. Since the Jeju Autonomous Police is to perform the judicial police affairs, Jeju police is normal judicial police and not special judicial police with regards to the corresponding duty. In this sense, it is viewed that the special judicial police affairs of Jeju Autonomous Police took the perspective of public policing service as general judicial police affairs of autonomous police. If the special judicial police duties of Jeju Autonomous Police is integrated with other designation-based special judicial police duty, more efficient investigation would become possible. Thus, the Jeju Autonomous Police could differentiate itself from other regional special judicial polices. In addition, the Jeju Autonomous Police could include the special judicial police duty and summary trial request duty in its essential affairs. By doing so, the police could generalize its functions as a fully administrative and practical local policing body while providing practical policing service for the region to satisfy the demand for basic public policing.