자치경찰사무의 법적 성격을 토대로 현행 자치경찰제에 대한 법리적 검토

Abstract

According to the Police Act, which has been fully amended and came into effect on January 1, 2011, police affairs were divided into national police affairs and autonomous police affairs. Autonomous police affairs include affairs related to safety activities for residents in the local area, affairs related to traffic activities in the area, affairs related to traffic congestion and safety management related to large gathering events in the area, and investigations on school violence, child violence, and domestic violence crimes. However, the legal nature of the autonomous police affairs is not clear whether it is an autonomous work of a local government or a delegated work. In relation to this, if we look at the provision of the Local Autonomy Act and the Police Act, it seems to closer to delegated than autonomous work. Based on these characteristics of autonomous affairs, the following is a look at whether the current Police Act properly implements the purpose of local autonomy. First, at the level of self-governing rights, it is difficult to recognize self-governing rights from an organizational point of view, and in terms of personnel, they are quite limited. In the legislative aspect, the autonomy of local councils is guaranteed, while the autonomy of the heads of local government is limited. It addition, self-governing rights are guaranteed from a financial standpoint. Second, the authority of the heads of local governments in directing and supervising the autonomous police affairs are quite limited, and most of the authority is exercised by the Autonomous Police Authorities. Third, the local council’s control over autonomous police affairs is limited to the right to audit the affairs involving the local budget and to request attendance and data submission of the presidents of the Authorities. Fourth, while the Authorities exercise most of their powers except for promotion and appointment right to inspectors and senior inspectors, there are few provisions under which they are controlled. Therefore, as an alternative to this, it is necessary to reset the autonomous police affairs. Above all, it is necessary to exclude the investigation of crime and focus on crime prevention activity. Second, measure to control the Autonomous Police Authorities should be considered. To this end, it is necessary to establish a new regulation that recognizes institutional litigation for re-resolution by the Authorities, and the right to request cancellation or suspension and the right to reque st an order to perform duties according to the legal nature of delegated affairs. The current Police Act contains the above problems according to the legal nature of autonomous police work. However, rather than the view that it should be converted to a dual model or return to the national police system, it seems that efforts should be made to settle the problems of the current autonomous police system into a so-called ‘Korean-style autonomous police system’ by gradually resolving the problems.