한국자치경찰제도 도입방안에 관한 연구

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A Study on the Introduction of Autonomous Police System
and the Model in Korea

An jae kyung
Adviser. prof. Oh soo yol
Department of Political Science and International Relations
Graduate School Chosun niversity

Korea has sustained centralized national police system for the last 70 years. This national police system contributed to not only enhancing effectiveness and responsibility in the state of division of South and North Korea, but also maintaining unprecedented stable national security in the world. However, there has been criticism that limited participation of citizens in public safety administration and uniformalized service of national police decreased trust and efficiency. In addition, as local autonomy system has been taking root, introducing autonomous police system has became inevitable. Under the Roh Moo-hyun administration, the introduction of autonomous police system has been discussed and law of autonomous police system was proposed to the national assembly. However, there has been no progress until now. Autonomous police system was launched only in Jeju special self-governing province in 2007. Current administration is promoting the introduction of autonomous police system as one of the key policy goals. At this point, this study aims at exploring an autonomous police system model which is adequate for domestic circumstances in Korea. To fulfill this purpose, theories of autonomous police system and the cases of other countries will be discussed. The concept of autonomous police system is defined differently according to on what perspectives we emphasize between local autonomy and function.
The premise of the introduction of autonomous police system is to realize basic principles of local autonomy. Therefore, this study defined the concept of autonomous police system as the institution of enforcing authority and responsibility by local autonomy. This study selected the relevant cases from the countries having Continental law or Anglo-American law system. Specifically, this study examined the cases of autonomous police system in France, Spain, Italy, Germany, U.S.A., U.K. and Japan. These countries have developed autonomous police system under the different historical, political, and cultural backgrounds, however, their experiences are expected to give institutional implications to us in terms of the same historical background of national police system.
Next, this study examined the autonomous police system of Korea. Even though there has been much discussion, however, the introduction of autonomous police system has failed. Therefore, examining the process of its development will help to minimize mistakes in the course of implementing autonomous police system in the future. Autonomous police system has been mainly discussed by scholars and the opposition party since the Kim Dae-Jung administration. Under the Roh Moo-hyun administration, the government played a leading role in introducing autonomous police system, and the Law of autonomous police system was proposed to the national assembly. However, it failed to be passed. Alternatively, autonomous police system was launched in Jeju special self-governing province in March 2007, however, its form was different from the propsed Law of autonomous police system. The performance of autonomous police system of Jeju special self-governing province should be evaluated in detail. This study also discuss proper level of its implementation in the Korean context. I proposed that it should be introduced at the self-governing city level as an optional form. Under the National police system, one of the most important issues in operating autonomous police system is stipulating the appropriate assignment of it. Because it is difficult to clearly divide roles between national police and autonomous police, especially with regard to its joint tasks. Failure to this may result in not only a decrease of efficiency but also unnecessary overlapping of tasks. To avoid these problems, agreements on joint tasks and the rules defining the duties of the agencies are needed. These will also enhance the responsibility of the agencies for the tasks that are delegated.
The problem of the status of autonomous police officers should be focused on keeping a balance with those of national police officers. In addition, it needs to be considered to facilitate coordinating relationships with other departments of self-governing cities. To this end, the status of autonomous police officers needs to be in special occupational category and its ranking needs to be 8-levels system. The ranking of the chief of the department need to be in line with that of other departments and automated promotion system also needs to be applied. Additionally, the rotation of senior officials with other departments in the self-governing cities needs to be considered.
Designating the prescribed number of autonomous police is very important issue which can affect whether its system succeeds or not. The criteria to determine its size should be follow a demand for the police request. If the size exceeds the scope of the city finance, it may cause inefficiency and conflicts with national police. Therefore, in the early stage of the introduction, central government needs to support the personnel expenses.
The problem of the finance of autonomous police system is one of the core issues for the success of the system. Self-governing cities should have responsibilities for the operation and management of the system. However, the level of fiscal viability of self-governing cities; on average, 51%, is very low. In these circumstances, the introduction of autonomous police system can have negative effects on the fiscal soundness of the cities by increasing a tax. Therefore, support from the central government is needed. In addition, some of the national tax should be converted into local tax and the government needs to find a new source of tax revenue.
Introducing autonomous police system means reaching completion of local autonomy. However, this study proposed a stepwise introduction with national consensus will be more appropriate under the current circumstances, because possible conflicts between organizations and a potential controversy between parties are expected. This study also discussed important factors which can lead to successful autonomous police system.
Alternative Title
A Study on the Introduction of Autonomous Police System and the Model in Korea
Alternative Author(s)
An jae kyung
일반대학원 정치외교학과
Table Of Contents
목 차

제1장 서론·············································································· 1
제1절 연구의 목적······························································ 1
제2절 연구의 범위와 방법················································· 3
1. 연구의 범위································································· 3
2. 연구의 방법································································· 3

제2장 자치경찰제 개념과 유형············································ 5
제1절 자치경찰의 개념······················································ 5
1. 자치경찰제의 정의····················································· 5
2. 자치경찰제의 이념····················································· 7
3. 자치경찰제의 장·단점················································ 9
제2절 자치경찰제의 유형·················································· 11
1. 독립형·········································································· 12
2. 종속형·········································································· 12
3. 절충형·········································································· 13

제3장 외국의 자치경찰제도 ················································ 14
제1절 대륙법계 국가의 자치경찰제도····························· 14
1. 프랑스 ········································································· 14
2. 이탈리아 ····································································· 16
3. 스폐인 ········································································ ·19
4. 독일 ············································································· 23
제2절 영미법계 국가의 자치경찰제도 ···························· 24
1. 일본 ············································································· 24
2. 미국 ············································································· 27
3. 영국 ············································································· 30
제3절 외국사례의 시사점 ···················································32

제4장 자치경찰제 추진과정과 운영실태 평가··················· 34
제1절 한국경찰제도 성립과 자치경찰제 도입필요성···· 34
1. 한국경찰제도성립 및 특징········································ 34
2. 자치경찰제 도입필요성과 법적근거 ······················· 36
제2절 역대정부의 추진과정··············································· 39
1. 국민의 정부·································································· 39
2. 참여 정부······································································ 40
3. 이명박 정부·································································· 44
4. 박근혜 정부·································································· 48
제3절 제주특별자치도 자치경찰 실태 및 평가··············· 49
1. 도입과정······································································· 49
2. 운영현황······································································· 51
3. 제주자치경찰운영평가··············································· 55
제5장 자치경찰제 도입방안·················································· 60
제1절 도입단위····································································· 60
1. 도입단위에 대한 논거 ················································ 60
2. 도입단위별 장·단점 ···················································· 62
3. 소결론 ·········································································· 65
제2절 국가경찰과 자치경찰간의 사무배분······················ 67
1. 자치경찰사무의 성질·················································· 68
2. 사무배분의 원칙·························································· 69
3. 업무협약········································································ 71
제3절 인사와 정원산정························································ 73
1. 자치경찰의 인사··························································· 73
2. 자치경찰의 정원산정··················································· 76
제4절 재정마련 방안···························································· 79
1. 자치단체의 재정여건··················································· 79
2. 자치경찰재정 확충방안··············································· 87
제5절 자치경찰도입관련 실패 원인 분석과 해결 방안··· 91
1. 실패원인 분석······························································· 91
2. 해결방안········································································ 94

제6장 결론················································································ 95

참고문헌··················································································· 101
안재경. (2014). 한국자치경찰제도 도입방안에 관한 연구.
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