경찰상 보호조치에 대한 법적 문제

Abstract

Act on the Performance of Duties by Police Officers defines the protection of people's health, life and property as the priority of the police's duties and recently violation of human rights and observance of due process due to the protection measures in police have been raised as social issues. The previous studies on protection measures in police were confined to discussing validity of protection measures, protection measures for non-recipients of emergency rescue and heavily drunken people, poor protection facility and management and limitation of compulsory measure of protection subjects. In addition, the studies on limitation and procedure according to legal property of protection measure on Act on the Performance of Duties by Police Officers, embodiment of protection measure subjects, security of principle of proportion on protection measure period, observance of due process and effectiveness of protection of rights are insufficient. Therefore, this study examined requirements, legal properties and procedures of the police according to Act on the Performance of Duties by Police Officers, reviewed legal problems such as validity and limitation of protection measures, the subjects of protection measures, stipulation of rescue agency, consolidation of punishment in case of refusal, security of due process and protection of human rights from protection measure and principle of proportion on period of protection measure and protection of rights for the victims from illegal or legal protection measure, suggested improvement methods of these problems, and aimed to make protection measure of the police prevent harm to people's health, life and property, guarantee human dignity and value on the Constitution and then realize the people's basic human rights.