불심검문의 신원 확인 및 정복경찰관 신분증 제시에 관한 小考 - 경찰관직무집행법 개정 논의를 중심으로 -

The random questioning is an indispensable means of police, which plays an important role in crime prevention and investigation at all stages from the stage when the crime charges are not specified to the execution and completion of the crime. The current random questioning is not appropriate for the police's duty of maintaining public well-being and order, and compulsory measures cannot be taken unless the subject person's voluntary cooperation and consent is premised on the legal nature of arbitrary administrative police action. As we experienced in August last year, the police action is in a situation where we have to prepare for unpredictable risks in addition to crime prevention and investigation. Currently, an amendment to the Police Officer's Duty Execution Act on identity verification and the duty of uniformed police officers to present identification card has been initiated and the legislative review of the National Assembly is expected. In order for field police officers to achieve police objectives through smooth police action, it is necessary to establish authority and legal basis for random questioning, and at the same time, checks and controls should be operated to prevent abuse of such authority. The Police Officer's Duty Execution Act should be revised to exempt uniformed police officers from presenting identification card in consideration of equity with the Resident Registration Act and the Road Traffic Act, the purpose of the Supreme Court precedent and legislative cases such as the United Kingdom and the United States. Before the 22nd session of the National Assembly expires, I look forward to seeing legislating amendments to the Police Officer's Duty Execution Act related to identity verification and presenting id card of uniformed police officers.