지방자치 발전을 위한 자치경찰의 법적과제

Abstract

In 1991, the local autonomy system was revived in Korea, which has a strong central tendency, and the decentralization and the guarantee of autonomy have been strengthened. Since the mandatory introduction of the autonomous police system in the Special Decree Law of Decentralization in 2004, based on the autonomous police law of the government in 2005, the autonomous police system has been stipulated in the special law of Jeju in 2006 and the public security has been maintained by Jeju autonomous police. However, the Jeju Autonomous Police System has been functioning as a customized local police in the areas of traffic, environment, and tourism, but it lacks an independent policing system from the head of the local government, , And the limitations of preventive measures and absence of judicial police rights are revealed. In particular, Article 117 and Article 37 (2) of the Constitution require legislative measures to provide the inhabitants' peace service, which is one of the welfare affairs of the inhabitants, and to protect the lives, bodies and property of the inhabitants in order to maintain order. In addition, the autonomous police, which is one of the essential elements of local autonomy, is granted only to the Jeju Special Self-Governing Province, and the fact that the autonomous police rights are not enforced in all other local autonomous entities is considered to violate the essential part of the local autonomy system guaranteed by the Constitution. The autonomous police law, and the autonomous police officers' laws are urgently required. Moon Jae-in Government is planning to introduce an autonomous police law this year as one of the national tasks and plans to expand and implement the autonomous police system gradually. The autonomous police legislation is being set up by forming a special committee for autonomous police system in the Presidential Decentralization Committee. The National Police Agency reform committee carried out nationwide expansion of the autonomous police system of the metropolitan municipalities, established the autonomous police headquarters and the city and provincial police committee, authorized the autonomous police, autonomous police operation through national police and autonomous police agreement , The autonomous police authority of the city and provincial governor, the financial burden of manpower and equipment, and cooperation between the national police and autonomous police. The Seoul Metropolitan Government is responsible for transferring to other autonomous police departments except for the National Police Agency, establishing a city and provincial police commission with city and provincial police stations, granting autonomous police authority under the principle of subsidiarity, financing by special accounting or grants Support and so on. Therefore, after reviewing the significance of autonomous police system, the necessity of introduction of autonomous police system, the current status and limitations of the Jeju Autonomous Police System, and the major contents of introducing autonomous police system in Seoul Metropolitan City. In addition, from the viewpoint of local self-government development, the legal issues related to the introduction of the autonomous police legislation, namely the clarification of the concept of the police as the welfare office of the residents, the introduction of the regional autonomous police system, the scope and responsibility of autonomous police rights, I would like to propose a plan.