Abstract

The former Police Act was enacted as Act No. 4369 on May 31, 1991, and came into effect on July 31, 1991. The former Police Act had 23 partial amendments or other laws, and the name was changed to the Act on the Organization and Operation of National Police and Autonomous Police (hereinafter referred to as the “Police Act”) while making the 24th full amendment (Act No. 17689, Enforcement on December 22, 2020). The fully revised Police Act was partially revised to Act No. 17990 on March 30, 2021, and the second partial amendment was partially revised to Act No. 19023 on November 15, 2022, and has been in effect since February 16, 2023. The current police law divides police affairs into national and autonomous police affairs, distributes command and supervision authority for each office, and provides a legal basis for the introduction of the autonomous police system. The main contents of the current police law were divided into national police affairs and autonomous police affairs, the head of the National Investigation Headquarters was set up at the National Police Agency, and when it was necessary to recruit and appoint from outside the National Police Agency. This paper aims to study the relationship between the national police and the autonomous police caused by the enactment of the current police law, which aims to introduce the autonomous police system, and legal problems arising from the relationship between the national police and the autonomous police. To this end, first of all, we would like to examine the concept of police affairs based on the concept of police in lecture, and to examine the distinction between national police affairs and autonomous police affairs, focusing on the contents of the police law. In particular, the National Police Commission defined it as a deliberation and decision-making agency, and the city and provincial police committees were defined as consensus administrative agencies, so legal problems were derived and proposed.

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