실질적 지방분권을 위한 경찰권의 제주특별자치도 이양방안

Abstract

From the Special Act on Decentralization enacted by the Roh Moo-hyun administration in 2004 to the current Special Act on Decentralization and Restructuring of Local Administrative Systems, discussions have been held continuously about the realization of decentralization and complete local autonomy. Also, each relevant Special Act has stipulated the implementation of the autonomous police system, making the introduction of the autonomous police system as a core task. As a result, the autonomous police system was implemented in 2006 only in Jeju Special Self-Governing Province and has taken root since then. Nonetheless, questions have steadily been raised about the status, scope of the affairs, and investigation functions of the Jeju autonomous police. Therefore, it is urgently required to supplement the Jeju autonomous police system so as to materialize substantial decentralization of Jeju Special Self-Governing Province. This paper has examined the autonomous police system addressed by previous governments, and has pointed out that the Jeju autonomous police has limitations: the police have only the status as security assistants; the scope of its affairs is limited to those unrelated to power; and arrest rights, investigation rights, and the authority bestowed by the Act on the Performance of Duties by Police Officers are limited. In order to remove these limitations and thereby realize substantial decentralization, this paper has suggested the establishment of a single police agency and two autonomous police authorities within Jeju Special Self-Governing Province; deleting the provisions on the affairs of the Jeju autonomous police as well as the provisions on the conclusion of an agreement on business which are specified in the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; granting the Jeju autonomous police all the investigation rights within the province to expand their investigation functions; amendment to the Criminal Procedure Act; and exercise of all the authority prescribed in the Act on the Performance of Duties by Police Officers.