영국법상 경찰권 행사의 근거와 한계 - 「경찰관직무집행법」의 비교법적 검토와 관련하여 -

Although the U.K. police system has assumed the form of decentralization, central control over local police has gradually been strengthened to meet the changes in circumstances and improve the efficiency of policing. But it is expected that harmony and balance between local autonomy and centralization would be done more carefully in the future according to legislative reform of 「Police Reform and Social Responsibility Act 2011」. Meanwhile, the most outstanding feature with regard to the basis of the police power in the U.K. police system is the enactment and application of 「Police and Criminal Evidence Act 1984」(hereinafter called ‘PACE’). This article compared ‘stop and question’ under 「Act on the Performance of Duties by Police Officers」 in Korea with ‘powers to stop and search’ under PACE. PACE enacted requirements and procedures of the search in detail and set out the duty to make records concerning searches. These provisions could be highly regarded as the control device for side effects which might be caused by stop and question. In addition, the distinct feature with regard to the limits of the police power in the U.K. police system is the control in terms of structure. There is no clear framework for the limits of police power in terms of operational law in the U.K. unlike Germany, Japan or Korea. However, it can be seen that the control principle has been relatively developed in terms of structure. Mutual checks and balances was made between “police authority - chief constable - Secretary of State” in the past, and then those are being made between “police and crime panel - police and crime commissioner - chief constable - Secretary of State” at present. This control principle, that is, the distribution of authority over the police organization in terms of its fundamental structural aspects, has great implication for controlling police and managing organization in Korea.