경찰의 풍속업소 출입 및 단속에 관한 연구

Abstract

Generally, the police or public officers are able to enter into the business premisesfor the purpose of criminal or administrative investigation by due process of law. However, although the public officer can administratively investigate brothels andamusement arcades with proprietors’ consent, they cannot search them by using force. Agencies must comply with the due process of law and if they do not follow it,following administrative actions can be affected by the prior violation of the procedure. On the other hand, if a police officer has a suspicion of crime, a warrantlessnonconsensual entry into a suspect’s premises can be permissible where legalrequirements of the Code of Criminal Procedure are met. 35)Meanwhile, there are many cases that have administrative and criminalcharacteristics at the same time. And the collected data through the procedures isoften used as evidences for a criminal trial. In this case, the problems about theinfringement of administrative purpose and right to silence can occur. And it shouldbe determined with the principle of proportionality whether to use them as evidencesfor a conviction. Thus, crackdowns on the businesses affecting public morals have dual natures, andthe standards of administrative and criminal laws are applied respectively. As a result,various confusions occur. Through a review of these problems, the followingimprovements are suggested. First, because of the lack of the legal basis, the scope ofadministrative investigations by the police is limited and the purpose of them is alsounclear. To solve these problems, it is desired to grant the police administrativedisposition authorities with those of administrative investigations. Second, sanctions on the rejections or interferences of administrative investigation need to be established toensure the effectiveness of the police law enforcement. Lastly, it should be preparedthe legal basis for the police to notify all the law violations of authoritative agencies.