지방분권개헌에 따른 자치경찰제도 재설정 검토

Abstract

Constitution is the foundation of ruling the nation and plays a role of controling administration and legislation. It is also the most fundamental regulation which reflects opinions of the people as wells as opinions of its society. Local autonomy, thus, is one of the foundations based on which the nation exists. For this reason, local autonomy is needed to protect rights of the people consisting of the nation. Furthermore, local self-governing police system, as a part of local autonomy, is necessary to make sure safety of local residents. In order to carry out local self-governing police system which is a central factor of local autonomy, local self-governing police system should be stipulated in Constitution so that local residents’ right of safety could be more secured. Constitution states that each region should handle with its public order by itself so it places local autonomy on a firm base. Thus, self-governing police system can be fulfilled by protecting basic right of the people as well as values of safety right of the poeople because it reflects the public’s opinions to Constitution. Local self-governing police system is essential that is not able to be separated from local autonomy. In addition, it has a close relation with local residents’ safety right. Thus, it is almost not possible to separate local autonomy from local self-governing police system so local self-governing police system should be introduced to come true local decentralization. In case of local self-governing police system, meanwhile, it is important that how it is categorized depending on local decentralization. In order to be accorded to the purpose of local autonomy, local self-governing police system should be introduced and operated to make sure local safety. This study reviewed how local self-governing police system ought to be changed in the reality which is in discussion of Constitution reform on local decentralization. In short, local self-governing police system should be matched with the institutional purpose of local autonomy so the study suggested what direction local self-governing police system should head into, which is appropriate to Constitution reform on local decentralization.