전투경찰대원 징계영창제도에 관한 연구

There is a system called “yeongchang” in the Koeran auxiliary police. “yeongchang” is a disciplinary punishment specified in the law that a commanding officer can confine an auxiliary policeman who conducted a minor offense in the police cell. It is a disciplinary punishment in a form but like a detention as a penalty. This system has a substantial problem. it doesn’t need the warrant of th judge that should be required in the criminal procedure. Nowadays the people who insist that the similar system exists in U. S. and Germany Army. But that assertion is not correct. there is not the same system in U. S. Army that corresponds to “yeongchang”. In Germany there is “Disziplinararrest” similar to “yeongchang”. But a commanding officer should receive the consent of the judge before imposing the punishment. In conclusion the system should be abolished but as the alternative is as follows. First, it needed to be judged the legality of the punishment by the chief of a police station and should be guaranteed by the principle of “due procoss of law” in the process of disciplinary punishment. Second, if there is a request about the disciplinary action, the execution of “yeongchang” should be stayed without delay. Third, it is necessary to inducing ‘the suspension of disciplinary confinement’.