자치경찰의 현황과 쟁점 및 과제에 관한 소고 - 자치경찰사무, 시ㆍ도 자치경찰위원회, 일원제의 이원제로의 전환에 관한 검토를 중심으로 -

The current autonomous police system of the police law in our country is called a unitary system. Since the organization and personnel are the same as the national police, it is a unitary system. However, in order to secure the right to ‘autonomy’ in autonomous police, the national police affairs and autonomous police affairs are separated, and the latter is commanded by the city/provincial autonomous police committee. This structure is not suitable for the past idea of ​​decentralization, the full authority of local governments, and the principle of supplementarity, and it is a completely different model from the autonomous police system discussed historically in the past. First, when looking at the ‘affairs’, ① the principle is that they should be autonomous affairs, but the current system is a national affair and an agency-delegated affair, ② the view that risk prevention is essentially a national affair and an affair delegated to a group, and ③ depending on the type of affair, investigation affairs are a national affair but an affair delegated to the committee, and the rest, such as life safety and security affairs, are an affair delegated to a group. I agree with the view that the current autonomous police affairs are basically a national affair and an affair delegated to a group. And the city/provincial autonomous police committee should be recognized as an independent administrative agency that makes decisions and whose decisions are binding, not as a simple deliberation body. And in relation to the transition to a dual system that emphasizes decentralization, the current unified system is being criticized for its strange structure and that it is an autonomous police in name only, but in fact, good regional safety policies are being developed in terms of performance, and in the sense that we cannot gamble by recklessly transferring safety duties to metropolitan cities and provinces that have not been verified for effective risk prevention, I think it is a significant advancement in the 76-year history of the police. However, in terms of future tasks, the current unified system should be converted to a dual system. However, it should not be in its current form, but should be converted to a regional safety service agency that supplements the problem of failure to execute general order administration in the region and prevents administrative crime risks. As a model for this, we should actively refer to the discussion on the urban police (Stadtpolizei) that is being introduced in each state of Germany. The concept of ‘police’ should be transformed into an administrative police perspective, especially into a police concept in a practical sense (Polizeibegriff im materiellen Sinne). This autonomous administrative police perspective should become the orientation point of the autonomous police model of risk prevention and crime risk prevention. This direction is consistent with the modern theory of the security state, the modern change in the principle of the state’s monopoly of public power, and the new stage of depolicing.