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RISS 인기검색어
- 검색키워드
- 저자 : 김형율(Kim Hyeong Yul) (검색결과 3 건)
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김형율(Kim Hyeong Yul) 경찰대학 경찰학연구편집위원회 2013 경찰학연구 Vol.13 No.1
When public peace and order was in serious danger or the crime occurred in massive unlawful violent assembly and demonstration, the police has taken shooting and recording to understand the situation and to collect the evidence of guilty. But progressives civic groups have long insisted that such measures of the police have no plain legal basis under existing law. I agree with their opinion on the matter partially. but, Today the mankind society lives under the disclosure to all types of danger unknowingly. In the circumstances, if we do not broadly interpret the individual empowerment clauses in the Act on the Performance of Duties by Police Officers or do not authorized the police to his own discretion, the police can not prevent new patterns of danger despite the hazard to the public and system very soon. This is also true in assembly and demonstration. To prevent serious danger in public peace and order and to collects the evidence of guilty, the police must take such measures in massive unlawful violent assembly and demonstration. Therefore, Article 2, No 6, of the Act on the Performance of Duties by Police Officers must be interpreted broadly as the general empowerment clause. As a result, the shooting and recording of the police in massive unlawful violent assembly and demonstration have legal basis on this regulation. First of all, an authority rule for the shooting and recording of the police in assembly and demonstration should be established in the Law on Assembly and Demonstration.
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김형율(Kim Hyeong Yul) 경찰대학 경찰학연구편집위원회 2011 경찰학연구 Vol.11 No.2
When people fought against governmental authority by power, the police booked them on suspicion of disturbance crime of affairs, not obstruction crime of the performance of official duties. because as behavior types the former included the word “power”, while the latter included only the word “assault and threat”. and the police interpreted that the word “affairs” in disturbance crime of affairs included the word “official duties” in obstruction crime of the performance of official duties. but recently The Korea Supreme Court judged that could not agree with the police`s opinion. I think The Korea Supreme Court judged illogical in some viewpoint of literally and unitedly interpretation of the word “affairs”, the need for protection of the performance of official duties, a gap of behavior types between disturbance crime of affairs and obstruction crime of the performance of official duties, the meaning of law-making in obstruction crime of the performance of official duties, cases of The Japan Supreme Court's ruling, difficulty in the performance of official duties at the scene of the accident etc. Thus, to punishment for obstruction of the performance of official duties by power, we have to enact the word “power” as behavior types in obstruction crime of the performance of official duties. Before the word “power” enact, the word “affairs” in disturbance crime of affairs must be interpreted that included the word “official duties”.
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김형율 ( Hyeong Yul Kim ) 한국경찰학회 2010 한국경찰학회보 Vol.12 No.3
When massive unlawful violent assembly and demonstration was scheduled to be held shortly, the police has taken implement a measure that is block coming up to the Seoul from starting point to reduce the assembly and demonstration scale. According to The Korea Supreme Court Attitude, the rules immediate compulsion in police are provided in the Act on the Performance of Duties by Police Officers. but Article 6, Section 1, of the Act on the Performance of Duties by Police Officers is based on insufficient evidence as ``the police containment tactics`` and Neither is any of the legislation. Today the mankind society lives under the disclosure to all types of danger unknowingly. In the circumstances, if we do not broadly interpret the individual empowerment clauses in the Act on the Performance of Duties by Police Officers or do not authorized the police to his own discretion, the police can not prevent new patterns of danger despite the hazard to the public and system very soon. Therefore, we have to not only broadly interpret the individual empowerment clauses but also enact the general empowerment clause in the Act on the Performance of Duties by Police Officers Law. Before the general empowerment clause enact, Article 2, No 5, of the Act on the Performance of Duties by Police Officers must be interpreted broadly as the general empowerment clause.
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