경찰청 폴리그래프 검사 제도의 개선방안에 관한 고찰

Abstract

Korean investigation authorities introduced polygraph test as part of scientific investigation in order to discriminate between truth and falsehood in cases. As a result, among investigation authorities, police agencies polygraph test most actively and have the largest number of investigators and test equipment. When it comes to the number of annual polygraph test cases, police agencies have the largest number of the test cases, among investigation authorities. Therefore, there is concern about cumulative fatigue of investigators. The problems with investigators and test equipment can give test results negative effects, such as judgment errors caused by lack of their education and the errors arising from overload of investigation equipment. Precedents of the supreme court of Korea point out 1) the conditions of a suspected person, 2) judgment ability of an investigator, and 3) the performance of test equipment. Therefore, this study looks into the negative reasons of Supreme Court's precedents, and discusses the investigation procedure and system performed by police agencies. More specifically, this study takes into account the standpoints of Supreme Court to find an improvement plan for polygraph test system and makes the following suggestions: 1) clarity of the criteria of a suspected person's conditions, 2) the management of qualification of polygraph examiners, 3) professional internship education of polygraph examiners, and 4) personnel management of polygraph examiners. For the improvement plan, this study referred to「Polygraph Examiners' Act」of Texas Association of Polygraph Examiners and American Polygraph Association. The associations have stable education system, rules for examiners, and strict qualification management of polygraph examiners, which are considered to be good examples. Based on them, this study tries to suggest policies relating to the improvement plan for polygraph test system of police agencies that play a pivotal role in polygraph test.