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KICJ Research Reports

Special Judicial Police Force in South Korea 사진
Special Judicial Police Force in South Korea
  • LanguageKorean
  • Authors Kyungrae Park, Jeahyen Soung, Hyunki Shin, Dowoo Kim
  • ISBN978-89-7366-985-1
  • Date October 01, 2012
  • Hit816

Abstract

1. Purpose of study

In addition to violent and serious crimes, crimes may involve various activities that make up ordinary lives, such as corrupted business practices, distribution of food products like pepper powder and beef by lying their country of origin, use of expired food materials for food services, release of waste water, engagement in illegal lending activity, attachment of bogus trademark, and intentional tax evasion regardless of one’s ability to pay. Solution of such problems require more than simple judicial knowledge. These are the crimes that require expertise, the crimes that take place in isolated places, the crimes that necessitate on-site management, and the crimes that need to be handled carefully in terms of confidentiality. Special judicial police (SJP) officers are assigned to resolve such crimes.
The purpose of this study is to make a diagnosis of the current status and to seek development strategies for the special judicial police system. In particular, this study aims to focus on the importance of task force team in order to demonstrate effectiveness of a dedicated organization as well as to exhibit the need to vitalize such organization for the further development of special judicial police. In addition, the study will present policy alternatives that may enhance the current system.

2. Issues of the special judicial police system

In Korea, special judicial police is under the direction and management of the Special judicial police operation team, which belongs to the second division of the criminal department, Supreme Prosecutor’s Office. This team is composed of only five staff members. Operation of the team is stipulated by the order of the Supreme Prosecutor's Office (number 130), due to which this team lacks external force. It is necessary to build a system, which comprehensively and effectively directs and manages special judicial police bodies across the nation.

3. Prospects of the special judicial police officers

The strengths of SJP officers are that they are capable of handling violations of administrative criminal law with expertise, complementing expert knowledge of general police, effectively performing administrative control, and professionally carrying out administrative inspection. The weaknesses of SJP officers are that they are burdened with work since they must simultaneously handle their own tasks and SJP tasks, tend to avoid dangerous and cumbersome inspections, are short of expertise related to inspection and relevant regulations, lack continuity of tasks due to frequent reshuffles and there is not a clear communication of the scope of tasks.
As for the factors that may threaten activities of SJP officers, the study indicates the lack of interest from the heads of organizations and bodies, lack of public awareness, deficiency of SJP task force team, low morale of those in charge of special judicial police, downsizing of the SJP body due to possible introduction of the municipal police system, and resistance of those under investigation in regards to the use of legal force. However the study also discovered that the special judicial police may achieve further development thanks to its ability to provide customized reaction to regional demand for public peace, have expertise in specialized fields, prevent crimes by eliminating the cause in advance, increase public demand for safety and law and order, and expand connectivity between general administrative and special judicial police tasks.

4. Short-term and long-term policy alternatives for the special judicial police.

Development of the special judicial police may be achieved in a short term by enhancing specialty of investigation, securing continuity of tasks, removing discrimination between the special judicial police and general administrative tasks. In addition, since the SJP tasks may be dangerous and even cause physical harm, it is necessary to increase allowance attached to the duty to encourage officers and enhance their attitude towards the job. As for long-term strategies it is critical to improve public awareness about the special judicial police through publicity activities and enact legislation in regards to the installation of task force team and performance appraisal system.

5. Conclusion

Local self-governing bodies without task force teams (in relation to those with) do not have clear deions of the SJP duty as well as task-supporting infrastructure, and provide a weak incentive for those who perform such duties. In particular, such local governments face a greater difficulty in carrying out the tasks due to a larger work burden with less external support and non-cooperation of the public with whom they must work. Also, such local governments internally have a low awareness of the importance of the special judicial police tasks, due to which they tend to just “do away with” such tasks. Based on the research, this study presents the following suggestions and strategic alternatives for the development of the SJP.

First of all, it is important to install dedicated organizations.
Second, the special judicial police duties must be systemized.
Third, job series specializing in investigation must be set up.
Fourth, there must be more support for those in charge of the special judicial police.
Fifth, an enhanced job training and on-site training must be provided.
Sixth, there must be a better awareness of the public and organization heads in regard to
the special judicial police.

In the recent eighteenth presidential election, all major candidates promised to introduce the municipal police system. However, the current status of the special judicial police raises concerns whether a municipal police system, if introduced, will function properly. There are worries that a new organization will only descend to playing a role of old guard for local government heads. Even if not, it may also repeat the case of the municipal police system of Jeju Island, which has failed to establish itself even until the present. Normalization of the special judicial police system should come before introducing the municipal police system, considering similarity of the functions of the two bodies. Given that the SJP system is not yet operating properly, addition of the municipal police system to the picture will only cause confusion to the local self-governing bodies and administrative private law.
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