우리나라 경찰 테이저건 사용 매뉴얼의 문제점 및 개선방안에 관한 연구 – 미국 연방법원의 판례와 미국 경찰 테이저건 사용 매뉴얼 비교분석을 바탕으로 -

Since taser guns were first introduced to the Korean police force in 2005, the total number police shoot-out incidents have been decreased dramatically. Nevertheless, police officers have heavily relied on taser guns, which results in a recent death of a metally ill individual and public outcry for police excessive use of taser guns. In this regard, the current study attempted to aassess the appropriateness of the current taser gun guidelines in the Korean Police Agency under the analytic umbrella of the U.S. federal court decisions and American police taser gun guidelines. The current study found that the use of taser guidelines of the Korean Police Agency has failed to clearly define the constitutional limits of police taser gun use compared to those in American police force. Therefore, the current study suggests that the Korean Police Ageny should adopt the concept of police use of force contiuum and specify the level of resistance by citizens. Then, the constitutional limits of police taser gun can be defined by considering subjects’ resistance level, asttempts to evade arrest by flight, the existence of imminent danger or threat of danger to police officers and others. In addition, the current study proposed a systematic chart that clearly shows when police a taser gun can be applied and when cannot.