경찰관의 현장 출입 여부 판단의 문제점과 개선방안 - 대법원 2019.7.4. 선고 2019도4821 판결을 중심으로 -

Abstract

In police practice, police officers' access to reported sites constitutes the most typical and basic action for 'risk prevention and elimination'. Moreover, if suspicions exist about crime risks, such as the target judgment, but it is difficult to prove the danger situation, "confirm the risk after entering the site" through prompt and active judgment by the police. Under the current law, however, no clear rules can be found to determine whether police officers are allowed to enter the house to check for risks, adding to confusion at the scene. In this study, the Supreme Court's ruling (2019 degrees 4821) was analyzed to examine the problems and improvement of the police's determination of whether or not to enter a house for risk prevention and verification. Without identifying the specific nature of domestic violence, the Supreme Court quickly acquitted the suspect of obstruction of justice by judging the legality of the police's forced entry into the house, namely whether the police met the requirements of police officers. In addition, the poor performance of the objective reinforcement evidence to prove the inevitability of police officers entering the house has also affected the ruling. In this regard, the police need to improve the following points in determining whether to enter a house in the future: First of all, legal improvement measures require the addition of resident consent non-required requirements for entering and leaving a house under the "police officer's duty law" the granting of actual questions and investigative authority for victims' relief, the expansion of the scope of house entry under the "Home Violence Prevention Act," inclusion of those suspected of domestic violence, and the preparation of step-by-step forced entry procedures for denial of unjustifiable acts. And as practical improvement measures, efforts should be made to improve the National Police Agency's guidelines for house entry and identification in case of emergency, actively utilize the "judgment margin" against specific risks, and secure procedural justification for house entry.