경찰청 훈령⋅예규상 위헌적 규정들에 대한 소고 - 우범자 첩보수집규칙을 중심으로 -

The exercise of police power can be exercised based on the law, and even police rights exercised by the Act have limitations based on the principles of rule of law, logic, and principle of proportion. The current police order, “Collecting the offender information” is an administrative rule based on the legal system, so it is impossible to set a rule on limiting the basic rights of individuals. Under the regulations on offenders, the collection or abolition of information, such as the procedure for selecting the right offender or an understanding of the trends of the right offender, limits a number of basic rights under the Constitution. It is the secret and freedom of privacy, the right to personal information, and the right to self-determination. However, such basic rights violations were carried out by the National Police Agency's instructions without individual authorization clauses, which ran counter to the principle of keeping the basic rights restricted to law. Under the Act on the Enforcement of Police Officers ' Duties, the clauses on the collection of security information and the prevention of crimes can be laid down as the basis for the collection of information on criminals who are guilty, but the grounds for their arrest are weak. Given that the rules for gathering security information were established by referring to the functions of the police organization's information, security, and external affairs (the provisions for preventing crimes are not actually a fundamental part of the life security function in which the offender management is responsible).