• Title/Summary/Keyword: Police Power

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Bureaucratic Corruption in Korea: focused on Police Officer

  • Kim, Taek
    • International Journal of Advanced Culture Technology
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    • v.8 no.2
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    • pp.226-230
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    • 2020
  • The nation is currently deeply dissatisfied with the corruption of power. The incumbent government promised to create a fair society without fouls and privileges. However, the public is deeply distrusted by the prosecution's investigation of the justice minister. Korean society has very low national integrity due to corruption in public offices. In the past, corruption in public offices was mostly corruption in the form of livelihood, but it has now turned into corruption in power. This paper looks into the concept and theory of corruption in public office and tries to find alternatives.

A Study on the Regulative Principle of Law in Respect to Police Function in Internationalized Age - Centering on Limitation to Police Authority Exercise - (국제화 시대의 경찰작용 통제법리에 관한 연구 -경찰권발동의 한계를 중심으로-)

  • Oh Tae-Kon;Kim Dong-Bok
    • The Journal of the Korea Contents Association
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    • v.5 no.3
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    • pp.63-71
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    • 2005
  • The police have a responsibility to exercise the police authority in the sphere of peril prevention. Such right may be decided at their discretion. So, as a management according to the police's discretion is based on order and compulsion, it can not help infringing the rights of the people. Therefore, the exercise of the police authority has to be accompanied by a legal management policy according to the principle of legal reservation based on the principle of constitutionalism. This study is to find proper directions of the police function through preparing reasonable plans to guarantee freedom and rights of the people at its maximum while maintaining the public peace and order.

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Police in the Disappointed Era of the Korean Empire - After the Russo-Japanese War(1904) before the Korea Japan Annexation(1910) - (대한제국 좌절기의 경찰 - 러일전쟁(1904) 이후 일제강점(1910) 전까지를 중심으로 -)

  • Choi, Sun-Woo
    • The Journal of the Korea Contents Association
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    • v.8 no.12
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    • pp.310-321
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    • 2008
  • In the era of the Korean Empire, the identity of nation is not secured, therefore police system are also changed many times which has not an consistent directions. There are efforts of the ruler to reinforce or protect the nation against the invasion of outside power in the process, of course. But these efforts which reinforce the power of despotic emperor and modernize the nation are disappointed by the exclusive control of japan after the Russo-Japanese War in 1904. Therefore, japan disseized the police power of the Korean Empire in various forms(general police and military police). And these general police and military police are faced role conflict often, finally integrate to the military police, which take root the basic model of colonial police in 1910.

General Idea of Danger in Police Law (경찰법상 위험개념)

  • Gu, Hyung-Keun
    • The Journal of the Korea Contents Association
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    • v.7 no.4
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    • pp.178-183
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    • 2007
  • The exercise of police power for danger prevention gives top priority to the prevention of injury occurrence. However, the controversy over the concept of danger has hitherto focused on the limit establishment, namely which scope is to be a target of prevention in the danger prevention area of the Police Law. After all, the police's duty for maintaining public peace and order is forced to be peformed through individual measures for danger prevention, and the preventive police action, which aims at the prevention of danger against the protection interest in the Police Law, can be performed on the premise of a precise understanding of danger in order to carry out a legitimate preventive police action. In addition, it examines the legal meaning in each constitution element by dividing the minimum common components of danger into loss, sufficient probability and time accessibility, and the interpretation problem of danger as uncertainty concept.

A Study on The Law and System of The Private Body Guard in Korea (한국(韓國) 민간신변보호(民間身邊保護)의 발전(發展)을 위한 법규(法規) 및 제도(制度)에 관한 고찰(考察))

  • Lee, Han-Ick
    • Korean Security Journal
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    • no.1
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    • pp.283-319
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    • 1997
  • Our society witnesses the rapid progress in the areas of politics, economy, society and culture in the process of national modernization since 1960s, which in turn as a reverse function gets to contract a societic pathology, totally lowering the security level of citizens' lives owing to various violent crimes like hostage commotions and murders with rifles and deadly weapons. what is the main reason for that? That may be partly because the chief police force concentrates on the current situation resulting in the vacuum of the public peace. However, the main reason is that the police fall short of man-power and equipments even if the whole police power were put to use in preventing and quelling the crimes. That is true not only of Korea but also of the advanced countries like the U.S.A., England and Japan. We realize that these advanced countries have higher level of security in every individual's life and property than Korea because their progress of the private guard systems can fill in a vacuum of the shortage of the police power, Therefore, we should without delay internationalize our private guard systems expecting the widely opening of the guard service markets in the age of Uruguay Round. To do this, we need to change our ideas for fostering the policy of the private guard from passive defense ideas into positive aggressive ones. Our police should urgently set up a plan to pursue the orientation of vision that we should dispatch our private guards overseas before foreign guards rush into our markets. Accordingly it goes without saying that the private guard group should distinguish their services from the public services initiating their own theory and strategy of private guard services and also readjust themselves between the public duties and the private services with the study of minimizing the reverse function of the private guard systems. The history criminal justice has always shown that the criminal system progressed at the initiative of the civil factor in case its demand and supply do not make both ends meet. Nevertheless, in the process the power of the government never weakens, rather it is built up in general. In conclusion, the necessity of the build-up of the private guard services must duly be acknowledged by the police as well as by the business which has its unique sphere within the criminal justice instead of as the suplemtary services of the simple the police power on the long-term basis. The purpose of the private guard services can be largely classified into the two categories; first it means the function to prevent the crimes against the citizens and secondly to enhance the national interest as an increasing mammoth business with a worldly competition capacity. The police has an absolute responsibility that they should protect the modem public in general from feeling the crisis of the personal threat, tension, anxiety and nervousness. In short, if we develop the complete private guard system to guarantee the societic atmosphere for all citizens, keep the public peace, and protect all citizens' lives and properties, we will sure enjoy a beautiful land, a wholesome society and a happy life in goodharmony of law and order.

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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 Police Officer of the Determinants to Desire Turnover Local Autonomy Police (자치경찰 지원 결정요인에 관한 연구)

  • Seok, Cheong-Ho
    • Korean Security Journal
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    • no.10
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    • pp.149-171
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    • 2005
  • In Korea, local autonomy police has been discussed several times since Liberation in terms of expanding the democracy of police, but this suggestion has not been pursued. However under the incumbent government, the local policing system will be fully implements from 2006, and the government says that it aims to introduce 'model management' from October this year. The model of local policing now in force is based on the national police and local police forces organized in parallel within local government autorities (cities, counties and districts). The heads of local autorities have the power to appoint local police. Of these, local authorities can use public servants working for the national police for 'special purposes'. The research questions for this study were to what extent public servants working for the national police in these circumstances can desire local autonomy police, and what factors influenced their decision to desire in local autonomy police. After analyzing the results of a survey of police officers, the study found that public servants working for the national police did not have great expectations of desire in local autonomy police. The factors that influenced the decision to desire in local autonomy police were the hope that remuneration would be good, and the hope that the atmosphere within the police force would become less bureaucratic and more democratic than the current system. The study also found that the hopes that promotions and working conditions would improve and that police would be treated better in society did not influence the decision of public servants working for the national police to desire in local autonomy police.

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Special Judicial Police for Enhancing Administrative Power A Study on the Expansion of Jobs: Based on the results of 10 years' operation of Seoul Metropolitan Police Judicial Police Team (행정의 집행력 강화를 위한 특별사법경찰 직무확대에 관한 연구 - 서울특별시 민생사법경찰단 운영 10년 분석 결과를 바탕으로 -)

  • Yang, Jae Yeol;Kim, Sang Su
    • Korean Security Journal
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    • no.58
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    • pp.59-80
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    • 2019
  • Recently, our company has entered the modern knowledge company, government policy and regulation has a big influence on people's lives. Also, unlike in the past, I am hoping for administrative intervention as a problem peculiar to the environment, such as environmental housing problems, urban transportation problems, misuse problems, etc. and corporate pending issues. In this study, through the 10th year of the Seoul Special Citizen Judicial Police Force, if the local autonomy is a special envoy, it will try to present the correctness in the organization luck. As a measure to secure the nature of administrative action, the method of investigation was through the study of the execution process of administrative penalty and its result based on the statistical data of Seoul City. Therefore, we will analyze the process and operation of the 10-year organizational change of the Seoul Metropolitan Government's police force and examine how the police force of the people's livelihoods, which is a special investigation organization, is expanding its duties in order to strengthen the enforcement power of the administration. Also, we will make future-oriented suggestions to encourage the readjustment of the current relevant laws, such as the Ministry of Patriots and Veterans Affairs, and to actively accommodate the expected changes of the special law police organization in charge of the enforcement of the police system.

A Study on Empirical Analysis Improvement in Special job of Womanpower performing ablity - Focusing on the woman soldier·police woman survey - (특정직 여성인력의 직무수행능력 향상 방안에 관한 실증 분석 - 여군·여경 설문조사를 중심으로 -)

  • Choi, Mi-Ae;Lee, Sang-Yeol
    • Korean Security Journal
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    • no.43
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    • pp.147-175
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    • 2015
  • Woman officers with the power of the future is likely to be more female officers can increase castration. These changes to the times in order to meet the recent Lady, chosen to increase the Police and military, and female employees in the movement to operate inside the police organization to efficiently is increasing. This study with regard to women soldier and police women a typical one of speecial job of womanpower, there is the purpose of study to suggest the direction to improve the job performing ability through the careful anlysis. On account of the minority in number of women soldier and police women in the group which consist of many men, there are lots of difficulties on duty. In order to keep up with the times for the expansion of opportunities for excellent womanpower, army and police should lead to stronger efforts for them. Besides, in comparison with the general work of womanpower, woman soldier and police woman have a special duty assignments in the groups wihich have a specific predisposition. In conclusion, it is necessary to have lots of politicasl support and cosideration.

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A Speculation on The Independence of Police Investigational Right In Terms of Public Law (경찰수사권독립 논의의 공법적 검토)

  • Oh Tae-Kon
    • The Journal of the Korea Contents Association
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    • v.5 no.4
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    • pp.54-61
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    • 2005
  • Sixty years have passed since the police system was established in Korea. So far, there have been consistent discussions on independence of police investigational rights. Political powers have mentioned its independence as one of their public commitments and specifically, it has been a big issue in respect to establishment of the current participation government. The issues involved in investigational rights were derived from the regulations as follows: 'Prosecutors shall manage investigation(No. 195. the Criminal Procedure Act) and 'The police shall be guided by prosecutors in respect to investigation'(No. 195. the Criminal Procedure Act). President No Mu-hyun proposed he would take care of the issues involved in investigational rights at an interview. This study speculates investigational right systems of countries that follow continental law system and English law system and more valid investigational right system based on the guaranty of human rights and the principle of power division to find reasonable suggestions on independence issue.

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