「도로교통법상」 교통안전시설물 설치ㆍ관리에 관한 경찰과의 관계 검토

Governors of local self-governments and police agencies are designated by the present law as those who have the rights to install and manage traffic safety facilities. However, in case local autonomous police system is introduced, the issue of who has the rights mentioned above could be occurred. Thus, it is needed to regulate clearly by law whether installing and managing traffic safety facilities should be regarded as a national affair or as one of local self-governing police. The current law stipulates that a upper law of 「Road Traffic Act」 should designate governors of local self-governments as those who have the rights to install and manage traffic safety facilities. But enforcement rules of lower administrative legislation regulate traffic safety facilities should be installed in the place which police agencies designate. In this case, the upper law differs from the lower ones in entitled people who have the rights to install and manage traffic safety facilities, so it could result in obscurity when the lower legislation stipulates what the upper law regulates. Therefore, the upper law should make that clear. Also, ordinance should specify whether installing and managing traffic safety facilities is belonged to national affairs or local self-governing police's ones before local autonomous police system is operated. By doing this, legal stability and law-abiding administration should be achieved. The following purposes to analyze problems related with the rights of installing and maintaining traffic safety facilities stipulated in the current 「Road Traffic Act」, and make those clear. Futhermore, this research suggests a securely established theory about whether local autonomous police has the right to install and manage traffic safety facilities in order to prepare to introduce local self-governing police.