주취범죄자에 대한 경찰즉시강제 직무집행의 적법성과 효율성에 관한 연구

Abstract

Social anxiety factors affect the quality of people's lives, which affect the people's satisfaction with the nation. Given that the most important element of social anxiety among the people of the Republic of Korea is based on crime, we can see how important the prevention of crime and the safe social environment are, after all, remind us once again of the importance of the police mission, which is in charge of the prevention of crime at the forefront, the closest place to us. In its extension, crimes involving violence, such as assault, robbery, rape, and murder, can be considered the most representative and most serious crimes that pose harm to the safety of the people's lives and bodies, among which the above-mentioned crimes are caused more frequently by" unstable mental and physical conditions" caused by alcohol that is easily encountered in daily life than those that are not, causing serious and unresolved damage to the people's lives. To solve the problem, we looked at what practical laws were in place to respond to these crimes and what kinds of immediate enforcement could be implemented as an administrative action to prevent crime against drunken men's threats to commit drunken violent crimes or harm before they occurred among the police activities based on law. In this process, the conditions and scope of the police force intervention were confirmed and the basis for the actual and procedural justification of the enforcement was observed. By comparing the structure of such legitimate exercise of authority to various overseas legislation, we have also come to recognize new aspects that can be improved. Based on these studies, relevant laws and internal guidelines were derived and specific measures were presented. The greatest risk of drunken crime lies in unpredictable suddenness. In order to protect not only citizens but also police officers themselves from potential unexpected risks and, consequently, achieve the purpose of crime prevention, specific, objective and clear guidelines and grounds for activities that can be carried out on the site are needed. Based on this necessity and research, this paper reflects the willingness to establish a legal system to carry out crime prevention activities in the field more practically and to promote harmony of human rights protection functions.