Municipal Police System in Korea (Ⅰ)
- LanguageKorean
- Authors Junhwi Park, Sunghoon An, Junhee park, Hyeonggeun Lee, Seongrak Choi, Yonggil Kang, Juseong Yoo, Ilsik Chang
- ISBN979-11-89908-43-0
- Date December 01, 2019
- Hit436
Research Background and Content
* Research Background
- On March 11, 2019, the proposed legislation for full amendment of the Police Act and the Police Officials Act was submitted to the National Assembly with National Assemblyman Ik-Pyo Hong as the representative sponsor. The gist of this legislation is to adopt a dual police system of national police and municipal police in a national scale after six-month preparation period following the legislation’s passage and three-year test implementation period.
- Based on the assumption that such an municipal policy system would be adopted, this research was planned with the intention to analyze the problems and successes during the test implementation of such system and finding measures to adopt the municipal policy system appropriate for our circumstances. However, as the passage of the legislation was mired in uncertainty, the research’s significant as an ex-ante uation of the police system was enhanced, and the related research was conducted.
* Research Content and Methodology
- Review of the theories related to municipal police system and the literatures in Korea, as well as survey of municipal police system proposals under past and current governments
- After analyzing the level of autonomy of each government and the police system thereof with focus on OECD countries, perform case studies on the UK, France and Japan
- After analyzing the theoretical background for uating success of municipal police system, analysis framework and uation indicators, analyze the results of survey questionnaire
- Conduct on-site investigation of municipal polices in Seoul, Sejong and Jeju
- Legislative uation by each issue regarding the proposed legislation for the full amendment of the Police Act and the proposed legislation for the amendment of the Police Officials Act
- This research is a medium-term research conducted over three years with research team which was enhanced with researchers capable of empirical research, such as researchers specialized in police administration, public administration, business management and psychology, in addition to normative researchers specialized in legal studies and others.
Decentralization of Power, Municipal Police and Criminal Justice Indicator in OECD Countries
* Relationship between Decentralization of Power and Criminal Justice Indicator
- Based on the analysis of the decentralization of power and criminal justice indicator, the higher the level of decentralization, obvious positive correlation was found in relation to the level of trust for the police; however, crime rate only showed weak negative correlation. Proportion of public order budget also represented almost no correlation other than the weak negative correlation for burglary.
- Moreover, in analysis by government type, the proportion of public order budget relative to the government expenditure was meaningfully high in federal governments, and the level of trust toward police was also higher in federal governments.
- However, with respect to crime rate, unitary states showed higher violence and burglary rates while federal governments showed higher murder rate. Imprisonment rate was also higher in federal governments.
* Characteristics of Countries Implementing Municipal Police System in Terms of Analytical Indicators
- If the characteristics of the countries currently implementing the municipal police system in terms of indicators are examined, from the aspect of the size of the country, such as population and size of the economy, GDP per capita appeared to be irrelevant to the implementation of the municipal police system, but population and GDP (each a value in log index) were larger in the countries that implemented municipal police system. Larger number of metropolitan or regional governments or larger number of overall local governments including local municipal governments did not indicate the implementation of municipal police system.
- With respect to the level of decentralization of power, countries where local government’s revenue accounted for a larger share in the general government’s revenue - i.e., high level of decentralization in tax revenue - implemented municipal police system, and such countries had larger share of local taxes and higher financial autonomy. However, meaningfully important characteristics were not observed with respect to financial independence. Even from the aspect of expenditure, countries which implement an municipal police system showed higher share of local government expenditure relative to the general government and GDP, and such countries also had clearly higher tax autonomy and integrated decentralization index, or regional authority index (RAI).
- In case of countries that implement an municipal police system, the public order budget accounted for a slightly larger share compared to those countries that did not implement an municipal police system; however, in case of police per capita ratio, the number in countries which implement an municipal police system was extremely higher. Countries implementing municipal police system generally tend to operate national police together with municipal police force at the provincial or regional levels.
- However, implementation of municipal police system showed that it did not affect public confidence in the police as there was no difference between countries that implemented such system and those that did not; further, in terms of crime rate and imprisonment rate, the countries that implemented municipal police system had characteristically higher rates for both categories.
Comparative Analysis with Municipal Police Systems in Three Major Countries
* France
- France has traditionally assumed a centralized political system, and its police system is also characterized by its operation around the centralized national police. Historically, the municipal police made its appearance in earnest during the French Revolution, but gradually lost its power in the subsequent historical process only to make a strong developmental return recently around communes, the primary municipal local governments in France.
- One issue to note is that the Constitutional Council of France had recently held law granting municipal police head with the power to deputize a “deputy judicial police” who can effectively conduct an investigation under the direction of a judicial police officer and law granting municipal police with the power to conduct random questioning equal to the power granted to a judicial police officer unconstitutional.
* UK
- After 1960, inefficiency and corruption of the local police occurred and the age of threatened British police began, which triggered earnest discussions on police reformation. To resolve these issues, the Police Act 1964, the Police and Magistrates’ Courts Act 1994 and Police Reform Act 2002 were passed to bureaucratize the local police and enhance the central government’s control over the activities of local police.
- With the recent passage of the Police Reform and Social Responsibility Act 2011, the UK is reducing the central government’s intervention in the local police activities, directly reflecting the opinions of residents through the elected local public order commission chairpersons and controlling the local public order commission chairpersons through local public order council composed of local parliament, thereby using efforts to secure direct responsibilities toward the local residents.
* Japan
- After the Second World War, the former Police Act was legislated in 1947 to implement an municipal police system at the municipal level (population of at least 5,000). However, with the legislation of the new Police Act, the provincial-level police system used today was implemented in 1954.
- To secure political neutrality of the Japanese police and to prevent the occurrence of malfeasance, corruption and crime of police employees, studies aimed at finding means to realize the activities of the public safety commission are being conducted; further, expansion of the national police’s direction and supervision is being requested to respond to the more broadened and globalized crimes.
uation of Success of Municipal Police and Survey Questionnaire
* Municipal Police Success uation Model
- There are multiple national police indices that can be used as municipal police indices; however, there is limitation on uating the success related to the overall works of the municipal police and the purpose of the municipal police system by selecting a few indices from the national police indices.
- Establishing uation indices based on the works of the municipal police is recommended. Based on the purpose of the municipal police and the works of the municipal police, this plan will identify whether the relevant purpose and works can be improved.
- In case of objective metric indices, uation is possible because data could be collected even after the implementation of the municipal police system; however, subjective matters, such as resident’s perception, are impossible to identify after the implementation of the municipal police system. Therefore, this research intends to implement an ex-ante investigation on the relevant indices prior to the implementation of the municipal police system so that the relevant data can be utilized as the foundational data for uating the effects of adopting the municipal police system in the future.
* Survey Questionnaire Results
- One thousand residents in three areas including Seoul, Sejong and Jeju where the test implementation has been determined were surveyed from September 10, 2019 for approximately one month on a one-on-one personal interview basis.
* Research Background
- On March 11, 2019, the proposed legislation for full amendment of the Police Act and the Police Officials Act was submitted to the National Assembly with National Assemblyman Ik-Pyo Hong as the representative sponsor. The gist of this legislation is to adopt a dual police system of national police and municipal police in a national scale after six-month preparation period following the legislation’s passage and three-year test implementation period.
- Based on the assumption that such an municipal policy system would be adopted, this research was planned with the intention to analyze the problems and successes during the test implementation of such system and finding measures to adopt the municipal policy system appropriate for our circumstances. However, as the passage of the legislation was mired in uncertainty, the research’s significant as an ex-ante uation of the police system was enhanced, and the related research was conducted.
* Research Content and Methodology
- Review of the theories related to municipal police system and the literatures in Korea, as well as survey of municipal police system proposals under past and current governments
- After analyzing the level of autonomy of each government and the police system thereof with focus on OECD countries, perform case studies on the UK, France and Japan
- After analyzing the theoretical background for uating success of municipal police system, analysis framework and uation indicators, analyze the results of survey questionnaire
- Conduct on-site investigation of municipal polices in Seoul, Sejong and Jeju
- Legislative uation by each issue regarding the proposed legislation for the full amendment of the Police Act and the proposed legislation for the amendment of the Police Officials Act
- This research is a medium-term research conducted over three years with research team which was enhanced with researchers capable of empirical research, such as researchers specialized in police administration, public administration, business management and psychology, in addition to normative researchers specialized in legal studies and others.
Decentralization of Power, Municipal Police and Criminal Justice Indicator in OECD Countries
* Relationship between Decentralization of Power and Criminal Justice Indicator
- Based on the analysis of the decentralization of power and criminal justice indicator, the higher the level of decentralization, obvious positive correlation was found in relation to the level of trust for the police; however, crime rate only showed weak negative correlation. Proportion of public order budget also represented almost no correlation other than the weak negative correlation for burglary.
- Moreover, in analysis by government type, the proportion of public order budget relative to the government expenditure was meaningfully high in federal governments, and the level of trust toward police was also higher in federal governments.
- However, with respect to crime rate, unitary states showed higher violence and burglary rates while federal governments showed higher murder rate. Imprisonment rate was also higher in federal governments.
* Characteristics of Countries Implementing Municipal Police System in Terms of Analytical Indicators
- If the characteristics of the countries currently implementing the municipal police system in terms of indicators are examined, from the aspect of the size of the country, such as population and size of the economy, GDP per capita appeared to be irrelevant to the implementation of the municipal police system, but population and GDP (each a value in log index) were larger in the countries that implemented municipal police system. Larger number of metropolitan or regional governments or larger number of overall local governments including local municipal governments did not indicate the implementation of municipal police system.
- With respect to the level of decentralization of power, countries where local government’s revenue accounted for a larger share in the general government’s revenue - i.e., high level of decentralization in tax revenue - implemented municipal police system, and such countries had larger share of local taxes and higher financial autonomy. However, meaningfully important characteristics were not observed with respect to financial independence. Even from the aspect of expenditure, countries which implement an municipal police system showed higher share of local government expenditure relative to the general government and GDP, and such countries also had clearly higher tax autonomy and integrated decentralization index, or regional authority index (RAI).
- In case of countries that implement an municipal police system, the public order budget accounted for a slightly larger share compared to those countries that did not implement an municipal police system; however, in case of police per capita ratio, the number in countries which implement an municipal police system was extremely higher. Countries implementing municipal police system generally tend to operate national police together with municipal police force at the provincial or regional levels.
- However, implementation of municipal police system showed that it did not affect public confidence in the police as there was no difference between countries that implemented such system and those that did not; further, in terms of crime rate and imprisonment rate, the countries that implemented municipal police system had characteristically higher rates for both categories.
Comparative Analysis with Municipal Police Systems in Three Major Countries
* France
- France has traditionally assumed a centralized political system, and its police system is also characterized by its operation around the centralized national police. Historically, the municipal police made its appearance in earnest during the French Revolution, but gradually lost its power in the subsequent historical process only to make a strong developmental return recently around communes, the primary municipal local governments in France.
- One issue to note is that the Constitutional Council of France had recently held law granting municipal police head with the power to deputize a “deputy judicial police” who can effectively conduct an investigation under the direction of a judicial police officer and law granting municipal police with the power to conduct random questioning equal to the power granted to a judicial police officer unconstitutional.
* UK
- After 1960, inefficiency and corruption of the local police occurred and the age of threatened British police began, which triggered earnest discussions on police reformation. To resolve these issues, the Police Act 1964, the Police and Magistrates’ Courts Act 1994 and Police Reform Act 2002 were passed to bureaucratize the local police and enhance the central government’s control over the activities of local police.
- With the recent passage of the Police Reform and Social Responsibility Act 2011, the UK is reducing the central government’s intervention in the local police activities, directly reflecting the opinions of residents through the elected local public order commission chairpersons and controlling the local public order commission chairpersons through local public order council composed of local parliament, thereby using efforts to secure direct responsibilities toward the local residents.
* Japan
- After the Second World War, the former Police Act was legislated in 1947 to implement an municipal police system at the municipal level (population of at least 5,000). However, with the legislation of the new Police Act, the provincial-level police system used today was implemented in 1954.
- To secure political neutrality of the Japanese police and to prevent the occurrence of malfeasance, corruption and crime of police employees, studies aimed at finding means to realize the activities of the public safety commission are being conducted; further, expansion of the national police’s direction and supervision is being requested to respond to the more broadened and globalized crimes.
uation of Success of Municipal Police and Survey Questionnaire
* Municipal Police Success uation Model
- There are multiple national police indices that can be used as municipal police indices; however, there is limitation on uating the success related to the overall works of the municipal police and the purpose of the municipal police system by selecting a few indices from the national police indices.
- Establishing uation indices based on the works of the municipal police is recommended. Based on the purpose of the municipal police and the works of the municipal police, this plan will identify whether the relevant purpose and works can be improved.
- In case of objective metric indices, uation is possible because data could be collected even after the implementation of the municipal police system; however, subjective matters, such as resident’s perception, are impossible to identify after the implementation of the municipal police system. Therefore, this research intends to implement an ex-ante investigation on the relevant indices prior to the implementation of the municipal police system so that the relevant data can be utilized as the foundational data for uating the effects of adopting the municipal police system in the future.
* Survey Questionnaire Results
- One thousand residents in three areas including Seoul, Sejong and Jeju where the test implementation has been determined were surveyed from September 10, 2019 for approximately one month on a one-on-one personal interview basis.
Jeju Municipal Police Operational Status and Case Study
* General Status
- Municipal police force was reorganized (police policy officer was created) on July 28, 2016, and as of July of 2019, the municipal police has 151 current officers and established “1 center, 3 departments, 1 local team and 1 center”
- Works of Jeju Municipal Police are divided into three categories: law, work agreement and regional specialization.
# Mainly focused on the resident’s safety and crime prevention activities, as well as works related to tourism order and safety.
* Status of Municipal Police Personnel
- Total of 260 officers dispatched from the national police (13 in Jeju Police Agency, 83 in Dongbu (Eastern District) Station, 83 in Seobu (Western District) Station, and 81 in Seoguipo Station)
* Results of Municipal Police Activities
- Increase in curbing traffic law violations (compared to 2017, 57.8%) and small reduction in violation of basic order
- Downward trend in results of crackdown on administrative law violators and functions of the municipal police are being converted into substantive police works.
* General Status
- Municipal police force was reorganized (police policy officer was created) on July 28, 2016, and as of July of 2019, the municipal police has 151 current officers and established “1 center, 3 departments, 1 local team and 1 center”
- Works of Jeju Municipal Police are divided into three categories: law, work agreement and regional specialization.
# Mainly focused on the resident’s safety and crime prevention activities, as well as works related to tourism order and safety.
* Status of Municipal Police Personnel
- Total of 260 officers dispatched from the national police (13 in Jeju Police Agency, 83 in Dongbu (Eastern District) Station, 83 in Seobu (Western District) Station, and 81 in Seoguipo Station)
* Results of Municipal Police Activities
- Increase in curbing traffic law violations (compared to 2017, 57.8%) and small reduction in violation of basic order
- Downward trend in results of crackdown on administrative law violators and functions of the municipal police are being converted into substantive police works.
* Key Discoveries from In-Depth Interviews
- In terms of overall working conditions, burden for success and results was relatively lower but welfare benefits were better.
- Due to the dual structure, the status of the municipal police was relatively lower.
- Absence of unlicensed driver crackdown authority was improved, and excessive crackdown was discouraged as a tourist city. Power to use PDA was distinguished from national police, and in case of vehicle search, use of Jeju administrative network made it inconvenient.
- Local security (crowd security) was mainly handled by the traffic police (municipal police), while demonstrations and protests were handled by the national police. In the event of large demonstrations (opposition to construction of new airport and other issues sensitive to the area), municipal police force was mobilized. The first line of defense was the national police, which required mutually cooperative relationship. However, in reality, there was inherent conflicts.
- In ambiguous areas in police works, clear legal basis was absent, which led to the issue of accountability. Municipal police force tends to push responsibility to the national police on ground that it lacks the authority. In case of municipal police force, as Article 11-2 of the Act on the Performance of Duties by Police Officers (compensation for loss) does not apply, it takes a more passive attitude.
uation on the Current (Proposed) Municipal Police System
* uation on Organization
- With respect to the center of municipal police activities, academics perceived that the municipal police force at the city, gun or district level must be the center, and the police officers and laypersons perceived that the municipal police headquarters at the metropolitan or provincial level must be the center. Further, in connection with the confusion in responsibilities caused by the implementation of the municipal police system, such confusion is clearly anticipated at both the regional and the primary administrative units, but it is perceived that the confusion would be greater at the primary administrative units.
* uation on Commission
- In respect of composition of metropolitan or provincial police commission, the perception that the number of overall commissioners was appropriate or insufficient coexisted, and there was meaningful number of perceptions that the number of commissioners recommended by each recommender should either be increased or decreased. In particular, there was markedly negative perception regarding the Supreme Court’s recommendation of commissioners in the metropolitan or provincial police commission.
* uation on Human Resources
- With respect to the method of appointing the chief of municipal police headquarters and the head of the municipal police force, there was perception that numerous factors composing the appointment procedures should be supplemented. In connection with the personnel exchange between the national police and the municipal police, there was perception that such exchange as well as the exchange between municipal police forces were not smooth.
* uation on Budgets and Others
- In terms of possibility of securing budgets, there was a perception that adoption of shared tax was necessary as municipal police-related budget was insufficient; however, issues of tax burden and autonomy of municipal police were also pointed out.
* uation on Administrative Works
- With respect to the appropriateness of the responsible administrative works, the overall appropriateness was established, but there were more parts in the investigative works that need to be supplemented compared to the public order works. Further, from the layperson’s perspective, general violence and burglary were also perceived as appropriate area of tasks that can be handled by the municipal police. In particular, in case of investigative works, determinations on their appropriateness were often contradicting, thereby leading to the belief that diverse opinions should be aggregated and adjusted rather than being bound by a single opinion.
* uation on Other Items
- Plans for managing and controlling the municipal police contained parts that need to be partially added or removed, but the overall uation was that such plans were appropriate. However, negative perception as to whether management and control would actually be well implemented was dominant.
* Implications and Future Direction of Research
- amendment of the law and test implementation that can minimize the anxiety among the citizens.
- Improvement of issues involved in the implementation and the propose legislation exhibited up to the present.
- In terms of overall working conditions, burden for success and results was relatively lower but welfare benefits were better.
- Due to the dual structure, the status of the municipal police was relatively lower.
- Absence of unlicensed driver crackdown authority was improved, and excessive crackdown was discouraged as a tourist city. Power to use PDA was distinguished from national police, and in case of vehicle search, use of Jeju administrative network made it inconvenient.
- Local security (crowd security) was mainly handled by the traffic police (municipal police), while demonstrations and protests were handled by the national police. In the event of large demonstrations (opposition to construction of new airport and other issues sensitive to the area), municipal police force was mobilized. The first line of defense was the national police, which required mutually cooperative relationship. However, in reality, there was inherent conflicts.
- In ambiguous areas in police works, clear legal basis was absent, which led to the issue of accountability. Municipal police force tends to push responsibility to the national police on ground that it lacks the authority. In case of municipal police force, as Article 11-2 of the Act on the Performance of Duties by Police Officers (compensation for loss) does not apply, it takes a more passive attitude.
uation on the Current (Proposed) Municipal Police System
* uation on Organization
- With respect to the center of municipal police activities, academics perceived that the municipal police force at the city, gun or district level must be the center, and the police officers and laypersons perceived that the municipal police headquarters at the metropolitan or provincial level must be the center. Further, in connection with the confusion in responsibilities caused by the implementation of the municipal police system, such confusion is clearly anticipated at both the regional and the primary administrative units, but it is perceived that the confusion would be greater at the primary administrative units.
* uation on Commission
- In respect of composition of metropolitan or provincial police commission, the perception that the number of overall commissioners was appropriate or insufficient coexisted, and there was meaningful number of perceptions that the number of commissioners recommended by each recommender should either be increased or decreased. In particular, there was markedly negative perception regarding the Supreme Court’s recommendation of commissioners in the metropolitan or provincial police commission.
* uation on Human Resources
- With respect to the method of appointing the chief of municipal police headquarters and the head of the municipal police force, there was perception that numerous factors composing the appointment procedures should be supplemented. In connection with the personnel exchange between the national police and the municipal police, there was perception that such exchange as well as the exchange between municipal police forces were not smooth.
* uation on Budgets and Others
- In terms of possibility of securing budgets, there was a perception that adoption of shared tax was necessary as municipal police-related budget was insufficient; however, issues of tax burden and autonomy of municipal police were also pointed out.
* uation on Administrative Works
- With respect to the appropriateness of the responsible administrative works, the overall appropriateness was established, but there were more parts in the investigative works that need to be supplemented compared to the public order works. Further, from the layperson’s perspective, general violence and burglary were also perceived as appropriate area of tasks that can be handled by the municipal police. In particular, in case of investigative works, determinations on their appropriateness were often contradicting, thereby leading to the belief that diverse opinions should be aggregated and adjusted rather than being bound by a single opinion.
* uation on Other Items
- Plans for managing and controlling the municipal police contained parts that need to be partially added or removed, but the overall uation was that such plans were appropriate. However, negative perception as to whether management and control would actually be well implemented was dominant.
* Implications and Future Direction of Research
- amendment of the law and test implementation that can minimize the anxiety among the citizens.
- Improvement of issues involved in the implementation and the propose legislation exhibited up to the present.
File
-
(최종) 19-B-07_(박준휘)_한국형 자치경찰제 시행 및 정착에 관한 연구-4차수정(0131).pdf
(10.99MB / Download:347)
Download