제3의 탈경찰화와 민간경비원의 권한확대 : 영국의 지역사회 안전인가제도 중심으로

Abstract

In Continental Europe, the concept of “Entpolizeilichung” meansthe reduction of duties and powers of the regular police to simplymaintaining law and order. However, since the 1990s, the thirdEntpolizeilichung has gradually emerged, where the responsibilityof maintaining law and order began to be re-distributed betweenstate, local authorities, and the private business sector. In otherwords, the police started to entrust limited, but targeted, policepowers to the private sector in order to complement thedeficiency of manpower and resources of the police. In a similarvein, the UK police force has also implemented the CommunitySafety Accreditation Scheme (CSAS), based on the Police ReformAct 2002. Through the CSAS, the Chief Constable of a localpolice force can grant a limited, but targeted, range of policepowers to employees of non-police organisations, such as privatesecurity officers who can also contribute to community safety. Individuals who have been granted these powers are known underthe Act as Accredited Persons, and they are also required to wear a uniform and a badge approved by the police when exercisingtheir powers. In particular, the badge must show and detail thepowers which they are entitled to exercise. Under thesecircumstances, the UK’s CSAS can be theoretically connected tothe third Entpolizeilichung. In Korea, academic discourses on the entrustment of policepowers to the private security industry has recently occurred, butseems to fail to provide robust theoretical grounds and modelexamples, particularly based on cross-cultural studies. In thiscontext, the study first tries to investigate the procedures andconditions of the CSAS from the perspective of the Third“Entpolizeilichung”. Drawn from the critical discussions of thefindings, the study finally provides the following policysuggestions: 1) the accreditation body should be the KoreanNational Police Agency (KNPA), 2) In order to evaluate privatesector companies seeking approval, the Korea Security Associationshould be nominated on behalf of the KNPA, 3) the target ofpolice powers needs to be confined to misdemeanours in acommunity, 4) the entrustment of limited, but targeted, policepowers with the exception of arrest, detention, and weapons, 5)accredited persons should be restricted to legally-licensed privatesecurity officers, 6) education programs should include “crime andincident scene management” and “disaster and crisis management”,7) the criminal record check standard needs to be reinforced, and finally 8) the imposition of criminal charges against accreditedpersons in the event the given powers are abused, and againstany civilians who challenge their legitimate powers.