경찰의 위험방지활동에 대한 형사법적 통제의 문제점과 개선방안 – 경찰관직무집행법을 중심으로 -


Improvement method of the legal issues And Problem of the criminal procedure control of police Counter-measures on the criminal risk prevention - Focused on the Act on the Performance of Duties by Police Officers -


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Endangering offense(Gefahrdungsdelikt) prescribed in the Penal Code are would extend the range of the severe punishment because it has possibility which is punished by the occurrence of the risk, because the punishment can be severe punishment can extend the range, and violates the replacement of the Criminal Code and s the principle of clarity. In particular, the realization of constituent acts as a slight distortion of the case by case Punishment on summary conviction to a misdemeanor charged to the decriminalizing, but rather punishment endangering offense this serious distortion of the constitutional liberty and the right to a speedy trial or other legal interests, such as might be violated. In order to overcome these concerns must be oriented specifically Endangering offense, and abstract Endangering offense should be excluded in the realm of the Criminal Code. If it is estimated the risk of crime, corresponding approach is prevention and stop. And the stage which places Act infringement and public danger the criminal law should be a last resort. For this purpose, properly and powerful tool respond to the risk of crime should be granted to police. In addition, public safety, as well as the individual's life, health, property with an emphasis on the protection of the Police Act specifically police authority trigger should be set in the range. In addition, the police act with an emphasis on the protection of public safety, as well as the individual's life, health, property should be set in the range of specifically police authority trigger. So it protects the human rights and should be based on fair enforcement execution.


Ⅰ. 문제의 제기
 Ⅱ. 경찰의 위험방지 활동과 형사법적 통제의 문제점
 Ⅲ. 개선방안
 Ⅳ. 맺는 말


  • 전우관 Cheon, woo kwan. 동국대학교 범죄수사법 전공, 박사과정.


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