한국 헌법의 경찰제도 관련 조항의 문제점과 개헌방향

Abstract

The police system is made and developed by the actualized clauses in constitutional law. As the purpose of constitution, Protecting the fundamental right, dignity and value of human beings can be both basis and limit on police operation. In this regards, police operation is required to act only in the constitutional law boundary. The law and system concerning police organization and operation must not be against the constitutional law, and has to serve to implement the purpose of constitutional law. Therefore the study on the clauses of police system in all countries of the world including Korea enables to not only expand the area of police science, but also to provide desirable ways to solve the problems confronting Korea Police. The purpose of this study is to suggest guidelines how to amend police clauses in the constitutional law while finding the problems derived from police clauses in the way of collecting overall police system provisions of other countries. The study analyzes constitutional laws of the total number of 43 countries by literature search, and technical research methodology. As a result, it found that Korea which has nation-state, presidential system, centralized police system adopts relatively very few of police provisions on the constitutional law comparing with other countries. This study points various disadvantages of the police system such as unsecured constitutional status and political neutrality, lack of independence of police investigation in jurisdiction, abusive prosecutor's monopoly of warrant right, insufficient constitutional provisions for autonomy police, prohibiting double compensation for police officer, and problem of assembly provision against civil liberties, which all resulted from current problems of Korean constitutional provisions. In this perspective, the study presents examples came from constitutional provisions relating police system in other nations and suggests resonable constitutional amendment.