지방정부의 특별사법경찰제도에 관한 연구

Abstract

A special judicial police system can be said to have been introduced to grant judicial police rights to general administrative officers with expertise in the administration to secure the efficiency of enforcement and increase the effects on the establishment of statutory order with the effectiveness of administration. Since its introduction in 1956, the scope of job functions with personal in charge of the special judicial police has increased and reached over 50 kinds as of December 2011 for many reasons. Among them, the affairs for the special judicial police of which municipalities are taking charge cover the areas with 79 laws in 25 areas including food, medicine, origin of goods, environment, park management and river monitoring among others. According to the preceding studies, the special judicial police system in the past has been operated in nothing but the name despite the continuous increase in the scope of job functions and personnel in charge of the special judicial police unlike its intents on the introduction. The reasons have been pointed out such as the lack of expertise in the job area, lack of continuity on the job and lack of investigation capability in a systematic way among others. Subsequently, metropolitan municipalities including Seoul Metropolitan Government are making efforts to install a metropolitan special judicial police squad or special judicial police group and enable good human resources after the specialized education on the investigation practices to cope with administrative crimes promptly through the planned investigations in a level of metropolitan municipalities since 2008 in an attempt to overcome problems on the special judicial police activities of municipalities which had been operated mainly in a unit of a city or county. Most of the preceding studies on the special judicial police system have talked mainly about situations before 2008 but few discussions on efforts on reform since 2008. Accordingly, this study aimed the status and operating situations around some of metropolitan municipalities in their effort to implement the operations of the special judicial police system of municipal governments in a fruitful way, which has progressed since 2008. It also attempted to suggest efficient plans to settle down an institutional base to secure the law enforcement ability which can be trusted in operating the special judicial police system in municipal governments and to provide the life for local residents in a better way than before. First, it is necessary to secure the specialized manpower to efficiently carry out and continue to provide the specialized training suitable for their functional job because the affairs of the special judicial police belong to the special areas requiring techniques in very specialized and highly skilled ways. Second, it is necessary to arrange the appropriate environments for special judicial police officers to carry out their jobs, including the facilities such as the investigation room and police cell in addition to police gears, equipments to gather proofs and mobile equipments among others in carrying out their jobs. Third, it is necessary to build up an organic cooperation system among the related organizations and consider the device for the participation of citizens in addition to councils in an effort to secure supports from citizens.