「경찰관 직무집행법」의 개정 필요성과 개정방향

Abstract

The current 「Act on the Performance of Duties by Police Officers」 leaves individuals defenseless against threats of freedom and rights by not sufficiently regulating the means for the protection of individual freedom and rights, furthermore it also does not provide sufficient legislative mechanisms to effectively cope with the emerging mass national crisis. Freedom and safety have many characteristics as an anti-interest value, and in fact, there is also a conflict of values between the two. In such a conflict of two values, someone recognize superior status to only one value between freedom and safety, on the basis of it they deny and reject the other value completely. In other words, it is understood that if the emphasis is on individual freedom by identifying freedom and safety as an absolutely opposite interest rate, the safety of our society is bound to be absolutely threatened, on the contrary individual freedom will inevitably be lost in order to guarantee the safety of society. However, this approach is hard to accept as forcing the abandonment of either freedom or safety, which is a value that can never be given up. Therefore, if we seriously consider the direction of the revision of 「Act on the Performance of Duties by Police Officers」, we should change the paradigm itself of the approach to the problem. In other words, the shift to Plus-Sum gaming thinking should be made, considering ways to guarantee both sides in harmony by breaking away from the Zero-Sum gaming thinking framework that pursues only one value and rejects the other. If this discussion is applied to the 「Act on the Performance of Duties by Police Officers」, in case Police Authority is to be exercised in order to prevent serious dangers to public safety and order, it shall be recognized that there may be an infringement of minimum freedom and rights in accordance with the procedures based on the Law. And amendments should be made in the direction of implementing them.