행정법의 일반원칙과 경찰청장 인사재량권의 한계-2023년 상반기 총경급 정기인사를 중심으로-

Personnel internal transfers of high-ranking police officers in South Korea are often conducted at the discretion of the Police Commissioner. However, this discretionary authority is not absolute and must be exercised within the confines of administrative law principles, including the rule of law. This study examines the 2023 Superintendent Regular Personnel, which involved a large-scale downward transfer of superintendents who had participated in the "National Superintendent's Conference" in July 2022 in opposition to the establishment of ”Police Bureau“ by the Ministry of Public Administration and Security. The transfer raises concerns about potential violations of the National Public Service Act, the Regulation on the Appointment of Police Officers, and the Regulations on the Operation of Police Personnel Management. The trasfer disregarded the rational criteria for assigning important positions based on superintendents' work experience. This deviation from established norms could hinder the achievement of the police administration's goal of national security, thus violating the principle of proportionality. There is a strong possibility that the transfer was not conducted to achieve the police administration's goals but rather to punish or discipline police officers who dared to discuss the fairness of government policies. This suggests an abuse of power. Illegal and unfair exercise of personnel authority can undermine organizational capacity and lead to negative consequences for achieving organizational goals. As the Police Commissioner's exercise of personnel authority is directly linked to the goal of national security, strict evaluation and review of its legality and fairness are essential.