경찰손실보상 심의사례의 경찰법적 검토

The Constitution stipulates the national organization’s duty of protecting the safety of the nation and its people, and as a component police rights should also contribute to the safety of the people and to guarantee people’s basic rights. But in criminal procedures, such as the suppression of a crime or arresting a criminal, the loss of people’s lives, bodies, or property may occur, and police actions for prevention of danger such as suicide prevention can also cause loss of people’s lives, bodies and property in the process. Like this, the damage to people’s lives, bodies, and property may be caused by an unlawful duty of the police, or by a lawful duty of the police. Except for cases where the duty of the police is illegal and direct losses, we must file a suit for national compensation or damage compensation to request additional compensation such as a mental damage. Among these, the typical remedy for violation of the people’s rights due to legitimate police actions is the police loss compensation system. It has been five years, since the loss compensation system was introduced under the Act on the Performance of Duties by Police Officers. It is time to prepare concrete standards for loss compensation to analyze a number of cases of review. To specify the criteria for the target and scope of loss compensation and to establish a certain principle, it is very important that assessing the danger, applying the police responsibility principle, imputation of responsibility for cause of loss and judgment on complying with the principle of proportion. So the police action is based on the premise of danger, if there is sufficient probability that concrete danger will occur and if the police action is consistent with the principle of proportion, the police action is considered legitimate. However, police officers will face not only real dangers but also outward dangers or suspicious dangers. Therefore, in order to establish a detailed standard for loss compensation, it should be given priority that assessing the outward dangers, suspicious dangers and preparation for dangers as well as the real dangers. A detailed review of equity and scope of loss compensation is required in relation to the determination imputation of responsibility for cause of loss. Especially the loss compensation problem of outward person in the police responsibility is complicated, recognition of loss compensation for him depends on whether he can be held accountable for the specific circumstances that have led to the appearance of the danger. It is also very important to observe the principle of proportion in the police action. As a result, the legality or illegality of the police action and the scope of loss compensation may change.* Professor of Chodang University, Ph.D in Law. In short, to determine the target and the scope of police loss compensation, I emphasize once again that it is very important to assess danger, imputation of responsibility for cause of loss. Finally, I hope that this research will serve as a basis for establishing the review criteria of the committee on loss compensation in fact, by taking a step further from the legal dogma of the police law about dangers.