경찰관 인권행동강령의 제정 의의 고찰

Abstract

As stated in 「Police Charter」, the Korean police have duty to pretect the freedom and rights of the people, maintain the peace and order of the society, and make sure every individual enjoy well-beings and happy life. The Charter clearly confirms the value of human rights in the law enforcement practices the police hopes to achieve. However From history of Korea, however, the police force used to appear as a agency of State violence, and still now, it is widely understood as a main authority invading the human rights of the people. Through times of regret and reflection, the police have put great efforts into becoming the defender of the rights. And such can be found in the 「The Police Code of Conduct of Human Rights」of June 10th, 2020. The Code is a norm that require voluntary internalization of officers. Therefore a comprehensive understanding of the purpose of the Code as well as meanings of the human rights articulated on each line must be preceded. Thus this study is to present direction of action that the human rights police should pursue by exploring the Code’s implications of the human rights. Each line of the Code was examined based on the Constitution, related Acts, prior research, and precedents. And following implications were found: First, by reaffirming the recommendations of the International Human Rights Organization for police and administrative power, this study reflected on the duty as a human rights defender and stressed will to assure rightful exercise of power entrusted by the people. Second, it upholded dignity of the weak, minority, and victim, as well as affirmative actions for them. Third, it clarified that Human Rights Education is for internalization and empowerment of both police organization and individual officers, leading to the inclusion of specific practice methods. In order to achieve goals above, first of all, practical efforts through self-reflection and criticism on the inside and outside of the current police based on the Code is needed. Also, Police Human Rights Education should not be constrained with the Code’s normativity, but rather constituted of extensive thoughts by both internalizing officers and improving human rights sensitivity so that adequate actions and values can be exercised in the field. Plus, current Human Rights Education for Police Officer needs to be reformed and efforts to reconsider its efficiency should taken. Lastly, to become both human rights officers and organization, equal and fair culture should be promoted in the inside, resist various discrimination and hate deeply rooted in our society by objecting unjust order and thus protect citizens from it.