국회의 경찰통제에 대한 실태 분석: 제16･17･18대 국회의 입법활동･예산결정･국정감사를 중심으로

Abstract

Controlling police is one of the main functions which manage police to achieve police purpose and its plan effectively. It is becoming essential not only for police administration’s credit, political neutrality and policing legality but also for the prevention of police corruption and its right way. Specially, controlling police by the National assembly, as a systematic and periodic type, plays important role on setting prior or post agreement and approvals or measuring corrects to the police. Controlling the police of the assembly fundamentally aims for maximizing public security services by allowing police to have its own authority and flexible expansion while by exercising political power on the police by the name of appropriateness and effectiveness of police controlling. Meanwhile, the National Assembly has placed critical situations as representative political organization even it has diverse and useful ways to control the police. On the purpose of raising productivity of controlling police, this research evaluates effectiveness of assembly’s controlling police with documental investigation about policing legislative activities, budget reviews and statistical data. The research set 10 year duration(2000~2010) from 16th to 18th assembly limits its investigation range to focus on the correct tendency of the police general account budget and profundity and complete level of parliamentary inspection of police administration. Also the study set the other over 60 year duration from 1948 where the Constituent Assembly founded in order to view legislative bills for police administration and actual processing condition. With documentary records related to legislative bills and budget deliberation issued by the National Assembly, the study draws results below. First, presentation of bills related police tends to be increasing each year, but the proposed bills’ processing performance stays low degree. Legislative bills came from lawmaker’s proposals are much more than from government’s submission. But when it comes to processing performance or approval rate, legislative bills from government has been beyond the lawmaker’s. Second, assembly's control system for the administrative laws of the police department seems to be operated by political formality such as the lack of public hearing application on the bills, unbalanced proposals only focusing partial letter amendments, and bills abolition due to expiration of terms in office(4 years). Third, the police budget control is greatly influenced by political factors. It surely seems to be determined by which party would take power and more seats. The National Assembly has great influence on police budget, especially, on flexible expenses like criminal investigation or purchase of police vehicle etc. On the other hand, it is found that the Assembly tends to let the fixed expenses like personnel expenses, utilities fee go on. Finally, in regard to parliamentary inspection, the 17th assembly has more accomplished inspection outcomes and less in-depth inspection than the 16th assembly. Overall, according to this study, it is found that the National Assembly has shown better effective and autonomous control on police budget decision processing than on legislative activities for police and has achieved the expected results in that the parliamentary inspection of police administration has outcome fruits.