본 논문은 경찰관직무집행법상 동행요구에 관한 연구이다. 동행요구는 불심검문에 있어서 질문을 충실히 수행하기 위한 보조수단으로서의 성격을 갖기도 하지만 제3조 2항의 요건상 불심검문을 통해 수사의 단서를 얻게 되는 경우 본격적인 수사절차로 진행되는 과정에서 중요한 역할을 담당하고 있다. 이러한 중요성 때문에 일선 경찰관들은 사실상 수사편의를 위한 수단으로 남용하는 오류를 범했던바, 오늘날 가장 많은 시정을 요구받는 분야가 되었다. 따라서 본 연구는 경찰관직무집행법상의 불심검문과 동행요구의 법적 성격을 규명하고 제규정에 대한 해석론을 제시함과 더불어 문제점을 찾아보고자 한다. 또한 이를 통해 인권보장과 경찰업무의 효율성과의 조화를 도모하기 위한 대안을 제시해보고자 한다.

A Study on the Voluntary Accompaniment in the Law of Police Officers' Task Enforcement The voluntary accompaniment is a primary and important measure of police for crime prevention. However, its compulsory nature related to the use of physical power poses a potential danger to the invasion of an individual rights when authorities take advantage of it. Act 3 of Police Officers' Task Enforcement, which is the basis for the Voluntary Accompaniment, has imposed a jurisdictional restriction. According to regulations, When a police officer accompanies a conductor who is thought to be some strange or doubtful, the police officer can keep him in a police-related agency for 6 hours. The agenda does not correspond with the purpose of the administrative police operations. Now, Stop and Frisk in our daily live asks people to show their identification card. This is not conducted by the law of police officers' task enforcement, but conducted by the identification law. Therefore, it is a blind spot of legislative law. In order to promote the efficiency of Stop and Frisk by policemen, it is the most important thing that every policemen must have the sense of the due process of law.

A Study on the Voluntary Accompaniment in the Law of Police Officers' Task Enforcement The voluntary accompaniment is a primary and important measure of police for crime prevention. However, its compulsory nature related to the use of physical power poses a potential danger to the invasion of an individual rights when authorities take advantage of it. Act 3 of Police Officers' Task Enforcement, which is the basis for the Voluntary Accompaniment, has imposed a jurisdictional restriction. According to regulations, When a police officer accompanies a conductor who is thought to be some strange or doubtful, the police officer can keep him in a police-related agency for 6 hours. The agenda does not correspond with the purpose of the administrative police operations. Now, Stop and Frisk in our daily live asks people to show their identification card. This is not conducted by the law of police officers' task enforcement, but conducted by the identification law. Therefore, it is a blind spot of legislative law. In order to promote the efficiency of Stop and Frisk by policemen, it is the most important thing that every policemen must have the sense of the due process of law.

voluntary accompaniment, crime prevention, Police Officers' Task Enforcement, due process of law.