자치경찰제도 도입 정부(안)에 관한 지방자치 부합성 검토

Abstract

Moon, Jae-in government recently announced that it will introduce local self-governing police system by showing strong willingness. However, the local self-governing police system cannot be discussed by separating from local autonomy because it should be operated within its local autonomy. For this reason, introducing the local self-governing police system should be accorded to local autonomy. Thus, the system should not be carried out by the need of the government and local autonomy. Furthermore, the system should not be a purpose for local autonomy because it is just a component consisting of local autonomy. Also, the local self-governing police system should make sure its local security that is one of its duties. However, the system has some limitations so it does not go well with the original purpose of local autonomy. As a first limit, the government allows the local self-governing police system to be settled only in large-size cities, such as Incheon, Daejeon, and Gwangju, so forth. Thus, this limit could damage the self-governing right of basic local autonomy. Next, the system also puts a limit on the duties of the self-governing police so its duties are restricted only in administrative works of a narrow-meaning and simple sexual and family violences. As a result, these limits keep the local self-governing police from doing their duties well. Therefore, this study reviewed if the local self-governing police system, which is recently issued by Moon jae-in government, is correspondent to local autonomy. In addition, the local self-governing police system should achieve grass-rooted democracy as well as the original idea of local autonomy stated in the Constitution. To do this, the local self-governing police system should be operated within basic local autonomy.