경찰법상 위험방지를 위한 출석명령

Abstract

In this study, the legal issues raised in relation to the attendance order for danger prevention were considered. The attendance order means that the police order the person directly to appear at the police station at a designated time or at regular intervals during that period for the purpose of preventing danger, not for the purpose of investigation or investigation. An attendance order is useful and necessary to prevent danger, but the Police Act does not provide for an attendance order as a standard action. In this case, the question arises whether the general authority clause can be a legal basis for an attendance order for danger prevention. Since an attendance order to prevent danger can severely violate the right to freedom of action, freedom of residence and movement, and, in some cases, freedom of assembly, general authority clause cannot be the legal basis for an attendance order. Another reason why the general authority clause cannot be the legal basis for an attendance order is that the general authority clause requires 'specific danger' as a requirement for police action, but the attendance order is issued at a stage before a specific danger occurs. Another reason why a attendance order cannot be enforced under the general authority clause is that a violation of 'public order', which the general authority clause requires as a requirement for police action, cannot justify a serious violation of rights, such as a attendance order. Finally, another reason why the general authority clause cannot be a legal basis for an attendance order is that where special standard measures are provided for in the Police Act measures more serious than these standard measures can be excluded by analogy. In the end, it can be established that general authority clause cannot be the legal basis for an attendance order for danger prevention. Since there is no explicit provision allowing attendance order for danger prevention in the current law, if the legislature prepares an explicit provision regarding this, it is necessary to prepare a legal basis that satisfies the principle of clarity, excessive prohibition and due process.