데이트폭력에 대한 경찰 대응 방안의 법적 근거와 한계에 관한 연구 - 수권근거와 개괄적 수권조항의적용 가능성을 중심으로 -

Abstract

Dating violence is a very serious problem that meets our daily lives. In addition, it is a very serious social problem that can lead to violent crimes such as murder. Recently, an active study of dating violence has also been conducted in academia. People are also demanding a strong responses from the police to dating violence. However, some of the police's responses to dating violence will inevitably limit other people's rights. The enforcement of these police forces must have legal grounds. In this study, the police's response to dating violence divided into two different ways. The one is the means already in place(e. g. Investigation, application of the Minor Offenses Act, prior warning to Offenders, protection about victims of crime) and another is recently claimed to be necessary(e. g. the application of temporary measures under the Domestic Violence Punishment Act, Domestic Violence Disclosure Scheme). And the study looked at the legal grounds and limitations of each measure. In addition, if the basis of the individual law was not clear, it was considered whether the General Empowerment Clause of Police Enforcement Law could be the basis. The application of the Minor Offenses Act and investigations are made on the basis of individual legal. In the case of advance warning or protection about victims, it is considered that this can also be done under the General Empowerment Clause. In case of victim protection, some measures that do not severely limit other people's rights may be taken under the General Empowerment Clause, but it is more desirable to have a clear legal grounds for the realization of active protective measures. However, the application of temporary measures under the Domestic Violence Punishment Act or the disclosure of dating violence restricted to basic rights very much. Therefore, the General Empowerment Clause would not be the basis of police force and a separate special law will be needed. If a special law is enacted that includes powerful means of dealing with dating violence, careful training on police officers who will enforce it on the spot should come first. That way, the special law can work properly.