경찰 물리력 사용 관련 ｢경찰관직무집행법｣ 개정 필요성에 관한 연구

Abstract

Police use of force must be strictly guided and regulated by State Legislature because of its serious impact on citizens when erroneously used. Although prior research addressed several loopholes in the Act on the Performance of Duties by Police Officer with respect to police use of deadly force, no amendment has been attempted to revise the Act in accordance with research suggestions. As police use of force takes up a great amount of police recruit tests as well as promotion tests, wrongful interpretation by the Korean National Police Agency (KNPA) regarding police use of force regulations can lead to direct infringement of citizens’ constitutional rights. Nevertheless, few research studies in this field have examined potential errors in police recruit and promotion tests conducted by the KNPA. In this regard, the present study reviewed the tests for the last 10 years, finding five problematic questions regarding legal limits of police use of force based on the Act on the Performance of Duties by Police Officer. The current study found that police officers can be misguided by a few sections in the Act regarding police use of deadly force, police use of non-deadly equipment, and chemical agents or irritants. In an effort to minimize the wrongful applications of the Act, the current study reviewed police use of force regulations in state laws of 43 states and Washing DC in the United States. Finally, the present study proposed several research implications with respect to revision of the Act.