As human rights issues are currently being promoted and drawing attention worldwide, the emergence of internet and various media is protecting freedom of expression and basic rights. On the other hand, attention towards obstruction of the performance of official duties and public officials enforcing law are relatively intimidated and pushed into blind spot. The current environment or role of police officers is relatively neglected than the past. Since early 2000s, national policy responses have been required because of increasing crimes of obstruction of the performance of official duties, including violence or false accusation against the police.
On the basis of the analysis on crimes of obstruction of the performance of official duties, it tries to suggest an improvement plan from a functional and criminological perspective based on in-depth interview, researchㆍanalysis of advanced countries’ related acts and s, and the police’s actual experiences and related cases.
Thus, in order to understand the case of crime of obstruction of the performance of official duties, including violence, threat, insult against police officers who enforce law, it recognised the actual state of obstruction of police’s performance of official duties through interviewing police officers who were responsible of frontline work in police station, police substation, and police patrol division. In addition, in order to provide a legal system and implication adequate to our case by examining related legal system, it searched for an improvement plan by comparing and studying legal system in foreign countries related to obstruction of the performance of official duties from a criminological perspective. From such overall perspective, it provided an implication based on research study discussed beforehand and legal system in foreign countries in order to search for effective policies and to accurately assess the current status of obstruction of police’s performance of official duties in South Korea. Furthermore, based on case law and theoretical discussion on obstruction of police’s performance of official duties in South Korea, the study focused on examining current legal, regulatory framework and providing criminological assurance plan where police officers and citizens can both achieve a win-win situation.