지방자치에 부합한 자치경찰제도의 변화 방안 - 「지방자치법」상 교육․소방자치와 비교 -

Abstract The autonomous police system is a system that contributes to the promotion of residents' welfare through regional safety. The autonomous police system is a system in which local residents participate in securing regional security and safely secure the safety of the region and residents. In order to secure regional security, local residents participate in the autonomous police system and take responsibility for the safety of the region themselves. The implementation of the autonomous police system, one of the systems for realizing local autonomy, can be said to be the completion of complete local autonomy. Up until now, firefighting and education of residents, which are closely related to the safety of residents, have been implemented under local autonomy. In particular, educational autonomy is stipulating a separate law to expand the participation of local residents and directly elect the superintendent of education, thereby guaranteeing the participation of residents. Educational autonomy is expanding the participation of residents so that local education is centered on the region and residents handle it autonomously. Firefighting affairs are also placed under the jurisdiction of the city/provincial governor to handle local firefighting affairs in order to conform to local autonomy. Local fire departments were also converted to national fire departments in 2021, and have limitations that are somewhat incompatible with local autonomy. However, in the case of education and fire departments, the Local Autonomy Act clearly states that they are autonomous affairs. The Local Autonomy Act clearly provides grounds for education and fire departments, stating that they are autonomous affairs, and this Act also provides grounds for their establishment and operation. The local police system does not have clear grounds in the Local Autonomy Act, the basic law of local autonomy. In order to realize the system of local autonomy, it would be in line with the realization of local autonomy to provide grounds for the work, organization, and operation of autonomous police in the Local Autonomy Act. The fact that the basic law does not provide for the autonomous police system raises questions about whether the autonomous police system was introduced to realize local autonomy. In order to realize local autonomy and establish the autonomous police system, the basic law for local autonomy, the “Local Autonomy Act,” must provide the basis for its affairs, organization, and operation. In other words, unlike educational autonomy and fire autonomy, autonomous police is not regulated in the “Local Autonomy Act,” and although it is an important system that ensures the safety of local residents, it is an incomplete element of the legislative system that it is not regulated in the basic law. Therefore, this study presented the limitations of the autonomous police system in the “Local Autonomy Act” and the Police Act in order to conform to local autonomy through a comparison with education and fire autonomy. In order to establish the institutional purpose of local autonomy, it presented an institutional improvement plan to overcome the limitations of the autonomous police system and establish it as a complete autonomous police system.