무관용 경찰활동의 인정에 대한 법적 검토

Against the recent sharp increase in crime, the government declared the introduction of the principle of ‘Zero Tolerance Policing’ and provided the guideline of police action based on it. The principle of Zero Tolerance Policing can be called practical strategy of police action theoretically based on ‘Broken Window Theory’. This theory has been claimed by Wilson and Kelling, which is a criminology theory in the United States that eventually leads to crime, even if minor disorder stands in neglect. In other words, if one window is left alone in an abandoned building, the rest of the windows are broken all soon and the building eventually becomes a breeding ground for crime. Therefore, it is the Zero Tolerance Policing that the police can maintain order in society to do powerful law enforcement against minor disorder or petty crime. This theory has been mentioned as a policy basis to eradicate the illegal demonstrations in Korea. For the meantime, The Principle of the Zero Tolerance Policing has been mainly discussed in criminology. However it should be also discussed in the police law field relating to public peace and order. At the point of view of law, it should be discussed especially in relation to the basis and limit of police authority exercise. That is, there is a need for a study of how to exercise police authority not in a stage of concrete risk. In addition, whether the Principle of the Zero Tolerance Policing is commensurate with the principle of proportionality may come into question. Under this awareness of problem, This paper will introduce the Broken Window Theory and the concept of Zero Tolerance Policing and organize them systematically. In addition, this paper will consider the introduction of Zero Tolerance Policing and justification of application of it to th positive law in a view of law.