경찰권의 민사관계불간섭 원칙에 관한 소고- 일본에서의 논의를 중심으로 -

Recently the traditional legal principle of police power limit under practical concept of police power that is reasonable limit has been reviewed. Constitutional country by practical rule of law needs to reorganize the theory about that. It is related to the request that police work has to be considered functional. The function and duty of police cannot be restriction of national right and freedom but protection of them. It is not proper that until now public peace and order too much emphasized result in the argument that the protection of national right and interest by police law is just declaratory. The protection of individual rights and interests also should be considered the central concept of police administration. Thereby it is necessary to review whether principle of the public in the police authority debated among reasonable limits ought to be cancelled or revised. Under the police law of the protection of national life, body and wealth it has been proposed in Japan with the close frame of Korean law if principle of the public in the police authority has lost its own normativeness. There are two arguments such as that principle of the public in the police authority has been abolished and that principle of the public in the police authority nothing less than Principle of the nonintervention in civil affairs is not relevant to the protection of individual rights and interests because the intervention in civil, as a matter of fact. The two has the common ground that principle of the public in the police authority has been meaningless. In this context the public principle of police among logic limits is necessary to be reexamined functionally. The protection of national life, body, and wealth may be thought independent value but it is not General standard norm of police power exercise due to principle of statutory reservation. principle of the public in the police authority has still been significant in that police can not intervene into the typical civil affairs. That the public principle of police's lost its position from narrow definition of public function of police is not adequate. The civil relation nonintervention of police power should be also reorganized and civil relation should be identified conceptually. Therefore it can be classified what the police is not able to intervene in except for the typical civil affairs. Specifically there are two patterns that the police helps out the realization of private rights that unreasonable demand and illegal selp-help are about to the done. The latter can be prevalent.