전투경찰제도의 문제점과 개선방안

Abstract

This dissertation was written in an effort to draw the defects of combat police system through consideration on the Combat Police Unit Installation Act of 1970 as well as the Military Service Law and other applicable regulations and to present their reasonable remedies in the lawful perspective. The first problem the system suggests is that it puts applicants into serving their military service through and by forceful assignment, notwithstanding the fact that not any of its parts relates to the obligatory military service. The service at combat police unit has been mostly dependant on transfers from active-duty soldiers. The remedies relevant to the current situation provided hereafter are alternative military service by volunteering and reinforcement of manpower subject to open recruitment of police constables. The second problem on the line of duty is that its scope of duty being excessively wide and ambiguous. The law regulates it to be “counterespionage operation and assistance on tasks for the sake of public order”, so it obstructs setting up of its limits of duty. Indeed, it constitutes another problem the combat police being dispatched on protest riot suppression, hence it proves the uses of the unit system does not comply with its regulations as described. The related measure on behalf of its improvement suggested is to regulate their duty as to be “dispersing illegal assemblies and demonstrations and protecting peaceful assemblies and demonstrations”. Thirdly, although the combat police characterizes itself as the keeper of public order, and yet it operates no different from the military. Currently, the personnel designated to be combat police apply to be active-duty soldiers, complete the military training, and then get transferred as combat police. The remedy here is to train them as police as of the date their training commences. The fourth and other revisions to be made that were pointed out are the abolishment of physical detention and confinement in the guardhouse. In the case of desertion from the military, the detention must consider fairness, and handling disobedience, the measure taken better accords with the nature of police as long as it is through detention system, not through punishment.