한국과 일본의 자치경찰제 비교에 관한 공법적 연구 - 자치경찰위원회 제도와 지방경찰 독립성의 구조적 한계를 중심으로 -

This study undertakes a comparative public law analysis of the autonomous police systems of Korea and Japan, with particular focus on the institutional design of the Autonomous Police Commission and the structural limits of local police independence. Since the nationwide implementation of the autonomous police system in Korea in 2021, questions have persisted as to whether meaningful decentralization has been achieved under the unified organizational framework of the National Police Agency. In particular, the limited authority of the Autonomous Police Commission over personnel, organization, and budget has raised concerns regarding the substantive independence of local policing. By contrast, Japan’s Police Act establishes a dual structure consisting of the National Public Safety Commission and prefectural police organizations. Through a collegial commission-based control mechanism and the statutory recognition of prefectural police headquarters, the Japanese model institutionalizes both democratic oversight and localized police administration while maintaining national responsibility for public security. This structural arrangement provides a significant comparative reference for evaluating the normative coherence and institutional completeness of Korea’s system. This study examines the legal framework, allocation of authority, composition and functions of police commissions, and mechanisms of democratic control in both countries. It analyzes these elements from the perspective of constitutional responsibility, decentralization, and the rule of law, identifying structural constraints embedded in the Korean model. Based on this analysis, the study proposes avenues for reform, including strengthening the substantive authority of the Autonomous Police Commission, enhancing personnel independence, and improving the consistency of democratic accountability mechanisms. Through a comparative public law approach, this research aims to reassess the normative legitimacy and institutional sustainability of autonomous police systems and to provide theoretical and policy implications for the future development of police decentralization in Korea. In addition, this study demonstrates that the independence of local police is not merely a matter of organizational separation, but is determined by the appropriate design of the scope of state intervention, the allocation of responsibility, and the structure of democratic control. Through the Japanese case, the study shows that the autonomy of local police and the national unity of public safety do not necessarily conflict with each other. Based on this analysis, it suggests public law standards and policy directions for improving the Korean autonomous police system.