• Title/Summary/Keyword: 불심검문

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A Study on limit of Policeman's Exertion in Police Questioning (불심검문시 경찰관의 유형력행사의 한계)

  • Yoo, In Chang
    • Journal of Digital Convergence
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    • v.10 no.10
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    • pp.229-235
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    • 2012
  • Police questioning is police measure for acquiring information or inquiring an identification without questionee's will in order to accomplish the goal under the Police Act. However, like spear and shield, it has its own inherent limits between both sides of public power and human right and has stirred an hot issue in our society for longtime. The core problem is whether policeman can force a questionee stop when the questionee refuses policeman's stop requirement, the first step for police questioning. Some opinions argue that police questioning has somewhat effects on crime prevention and suspect arrest but people still have inconvenience and refusal from experiences of reckless police questioning in the past. Because of this, the police needs to recover people's trust on police questioning. In order to do so, in case of police questioning, human right should be superior to crime prevention or suspect arrest. This is the time's call. So when there is a police questioning, policeman's exertion of it on the questionee who refuse it should be conducted under strict conditions.

A Study on the Legal Character and Admissible Scope of Inspection and Police Questioning of a Vessel (선박 임장임검 및 불심검문의 법적성격과 허용범위에 관한 고찰)

  • Kim, Jong-Goo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.14 no.4
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    • pp.309-316
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    • 2008
  • This article discusses the legal character and admissible scope of inspection and police questioning of a vessel with force in comparison with the systems of the US and Japan. The author focuses on the factual differences between vessels and cars which justifies the varying standard. A ship at sea may easily slip away and destroy evidence while authorities attempt to get a warrant. Thus, a warrantless boarding and safety inspection could be validated because of the exigent circumstances of the sea.

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Consideration of Voluntary Company by Police to Legality of Criminal Investigation (경찰의 임의동행에 의한 수사의 적법성에 대한 고찰)

  • Son, Bong-Son
    • The Journal of the Korea Contents Association
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    • v.7 no.12
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    • pp.105-113
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    • 2007
  • Company without voluntary agreement(nature) of police, violation on the reason of company, violation on identification state, Violations on duties to notify the party's family members and to allow the party have a chance to be notified. Violation on duty to notify the party to have the right to call an investigation authority, Violation on the time of company, Violation on the place of company, and Violation on using force such as compulsory during the process of voluntary company in state of illegal voluntary company. It also has to decide whether the evidences are illegal and eliminated by these two requisites even in probative value and evidence admissibility on confession of the party under the illegal voluntary company.

The Reinforcing plan of private security capabilities (민간경비역량의 강화방안)

  • Park, Ho Jeong
    • Convergence Security Journal
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    • v.15 no.6_2
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    • pp.19-28
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    • 2015
  • Recently in the condition of increasing of cruel-hearted crime, it is limited to keep the community safe by only police force and expanding role of private security is required. But current private security law and relation law have many delimitations. So reinforcing of Private security capabilities is needed and several measures are required. Integration of private security law and private police guards is the foundation of rule introduced of specific rights of private guards. Also authority of the private security should be ruled in private security law to prepare the conditions of performed guard duties. In relation to this, questioning of a suspicious person by a patrolman should be granted to the private security. Strengthening authority of private security can be helpful in preventing crime and policing.