행정적 폭력과 법치주의 - 퇴행적 법치주의・탈민주화 와 경찰 공권력의 흉포성

Abstract

This essay deals with the abuse of police powers in the process of democratization and/or de-democratization in South Korea. Korean society has achieved both rule of law and democracy after long struggles for civil liberties against dictatorship, but still witnesses police brutality at the scene of civil demonstration and labor disputes. Law and Order politics as a distortion of rule of law, and de-democratization in high capacity state would be the key to understand the question of police brutality in a democratized society. Law and Order politics exploits people’s demands on security by strict criminal justice and criminal penalties, which are ineffective in addressing systemic causes of crime. This brings arbitrary and excessive use of police powers, which violate human rights of the minority under the name of law and order. Charles Tilly claims that democracy is not a secure place into which people can retreat from the political conflicts. According to his historical research of democracy, most regimes that have taken significant steps toward democracy over the last two centuries have later de-democratized at least temporarily. Only positive changes in trust-network integration, inequality insulation, and internal transformations of public politics secures effective and durable democracy. Those ideas of Law and Order politics and de-democratization explain the recent history of Korean democracy since the year of 1987. Law & Order Politics・De-democratization... / Kim, Han-Kyun102 Control of police power abuse is not the natural outcome of democratization, but a laborous task we keep working against the state power. The containment strategy of the police isolated individuals and groups who must have been protected by democratic politics and law. Where isolated, the ousted from their house, work or farm will be the target of the police brutality.