A Study on the new autonomous police system in Korea(英文)
AStudyonthenewautonomouspolicesystemin
by
Oh,YoonSung
Division of Law and Public Administration
Soon
Asan-si
ABSTRACT
Korean government decided to introduce new autonomous police system in 2005. It has been many argumentations what's kind of autonomous police system is the most reasonable system in the domestic surroundings for decades. It was very difficult to decide police system, as the selection whether centralized police system or autonomous police system was very important considerate factor at authority management. In 1995, there was big change at political structure in
KEYWORDS: autonomous police system, political neutralization and democracy of police, the relation between autonomous police and national police
Introduction
Among several of the law enforcement agencies, the police are working most closely with citizens in daily life, therefore the change of police system can significantly affect citizens' ordinary life. Because police is power oriented organization, most of the citizens and governmental organizations take interest in the direction of the police system alternation. Due to the fact that the Korean police system has been established as a national police system since 1945, there arose some atmosphere requesting that centralized and standardized police management should be established to satisfy the interests of residents and real democratic accomplishments during those days.
In 1995, the Korean government decided to get an election with respect to the autonomous government for multi democratic accomplishments and to the actual guarantee of citizen's basic rights. Prior to the election of the autonomous government, disputes of an autonomous police system have been discussed within Korean society continuously. The core of argument regarding autonomous police system is about merits and demerits when this system is adopted. According to the view of a sight, there seems to be a different interpretation. One of the important reasons to adopt autonomous government system is to ensure the security of residents in welfare aspect.
The autonomous police system has been discussed during the presidential election for one of the promises to the public for a decade along with the issue of the investigation actualization.
Ryo Mu Hyen government's committee of government innovation autonomous system examined the possibility of every kind of topics including autonomous police system. In Jan. 2004, the committee set up the Task Force to examine autonomous police system; TF consists of 10 members, police officers, professors, governmental officers. They visited
Theoreticalbackgroundofautonomouspolicesystem
1. Previous discussion prior to the present government
a. Assurance of political neutralization and democracy of police
To secure the political neutralization and democracy of police, the introduction of autonomous police system was continuously discussed since 1945. But authority decided to maintain with current national police system for the efficiency whenever they discussed the police system.[1]
b. Perfect completion of local self-governing realization
Autonomous police system has been discussed to complete local self-governing and a public service of police since 1995.[2]
c. Discussion within police
Korean National Police Agency has studied autonomous police system independently since 1970s.[3] From March 1998, Police System Improvement Planning Group (PSIPG) was established to compare other countries’ police system and they decided the autonomous police system introduction proposal in Aug. 1999. But it was postponed in terms of immature atmosphere including investigation conflict with Korean Prosecutor's Office.
d. Previous Overview
According to previous discussion, they prefer to political neutralization and efficiency rather than police response and democracy. Therefore, the system which consists of the foundation of police commission and elimination of President's intervention in autonomous police, wide area self-governing body unit execution and self-governing body participation was asserted in many proposals. It was common opinion that autonomous police system belongs to Prime minister's office with policy decision unit controlled by police commission and execution unit level is wide area self governing group. Personnel affairs of chief's of province police agency and police station lies in police commission and chief of Korean National Police Agency (Jong Bae, 2005 : 13-14).
2. Necessity and general direction for the introduction of new autonomous police system
The necessity for the introduction of new autonomous police system was presented as 4 directions. First is the accomplishment of perfect local self-governing through enhancement of comprehensive administration. Second is the establishment of autonomous police's friendly image to community residents. Third is the customized service for community resident's opinion and regional characteristics. Fourth is the improvement of community security condition and national security capacity.
The following doctrine is general direction of new autonomous police system. They emphasized the resident's life condition. As mentioned earlier, according to previous discussion of autonomous police system, the execution unit level of autonomous police system was fulfilled on wide area self governing body; a cosmopolitan, municipal, province police authority, but they thought this level is not proper to supply desirable security service to community. Therefore new autonomous police system adopted basic self-governing body as execution unit level of autonomous police system. They insisted it came from the principal of supplement(Lee, Hwang Woo, 2001 : 20) and democracy spirit of resident participation, control, responsibility(Lee, Hwang Woo, 2001 : 23).
3. Basic principles and direction of bill enactment by law
For new autonomous police system, new law for autonomous police organization, personnel, operation will be made, there is no change the law which relates with the existing police. The main content is as follows; it is possible to reflect of resident's opinion as to the constitution and abolition of autonomous police organization for guaranteed resident's participation. The organization, for control and advice of resident to autonomous police operating, will be made to prevent self governing community chief's excessive intervention to operate autonomous police. The function between autonomous police and national police is divided two parts. National police charges investigation, demonstration control, VIP escort, security, intelligence affairs, and autonomous police responsible for health, hygiene, environment and forest affairs.
Public officers who worked at local self-governing group can’t investigate these affairs, they could notify to KNP only. Specific limit of role scope will be decided by agreement between chief of regional KNP station and chief of basic self-governing group. Basically, the cost to operate autonomous police system lies on basic self-governing group. Prior to full execution, it will be enforced at some jurisdictions partially.
4. The Study on the other countries' autonomous police system for new proposal
Government Renovation Decentralization Commission (GRDC) has been studied 6 countries autonomous police system for new proposal. Among these, Spanish model was recommended mainly rather than other countries.[4]
a.
b.
The chief of municipal and county, township are supervised by governor and they are responsible for order maintenance and hygiene. They are selected by election and have right to establish the law and policy of police activity. Local police is responsible of jurisdiction which has no national police. 30000 local police officers work at 1000 jurisdictions and if there is a shortage of police strength, Gendarmerie (military police) can assist to the local police (Lee Yun Kyen, 2001: 271). Governor has right to control the chief of local self-governing group and latter has right to administrated local police. Under chief of Home Office, autonomous police advising committee works. Autonomous police advising committee which consist of 24 persons, which divided 3 groups, one third is represent which local self-governing group, one third represent national authority, the remainder are member of police union.
c.
d.
First, the election system that chief of city police was assigned by election.
Second, chief of city police was assigned by police committee. Third, chief of city police was assigned by nomination system (Lee, Sang Won, 1999: 67).
e.
The police system of
f.
The police system of
5. The final 3 proposals for improvement plan
The committee made three final proposals intensively as the result of autonomous police system comparison.
a. The proposal for the establishment of new autonomous police system at the basic level of self-governing body.
According to first proposal, new autonomous police system is established at the basic Self-governing body as supporting organization and they are in charge of security administration which is related residence's life directly such as traffic control, safety. They assigned special public official who is control by chief of basic Self-governing body. This means that existing national police system remains without change. It is possible to sustain merits, effective response to the demand of wide area security under two dimensional police system. To cooperate between basic Self-governing body and national police, it is needed to make security committee in the wide area and basic Self-governing body. The operating fund comes from basic self-governing body tax, fine, subsidy of nation until this system becomes fixed.
The merits of first proposal are to enhance the resident's satisfaction through the administrative service, minimize the waste of national police strength. It will be effective countermeasure to wide area crime and accomplish comprehensive administration by fortification of basic self-governing body's law enforcement.
The demerits are the unbalance of law enforcement capacity according to the financial ability of basic self-governing body. And there will be happen the conflict between national police and new autonomous police.
b. The proposal for the establishment of new autonomous police system at the wide area self-governing body
According to second proposal, new autonomous police system is established at the wide area Self-governing body. For the political neutrality of new autonomous police and to restrain the control power of mayor, governor to the autonomous police, it is only limited to give the recommendation right of security committee's member. The member of wide area police committee is consisting of 5 people. Mayor or governor of wide area self-governing body recommends 2 people and the council of wide area self-governing body recommends 2 people, the other is recommended by national police committee. Wide area self-governing body police committee considers and decides the general policy of autonomous police. The chief of city or provincial autonomous police agency is assigned by President with request of wide area self-governing body police committee and chief of police station is assigned by chief of national police agency with request of chief of city or provincial autonomous police agency. The official status of police officer is divided two parts, the rank below captain belongs to local governmental officer, and the rank above superintendent treated as central governmental officer. The consuming funds will derive from special counting, new grant, and subsidy of nation. They take charge general and wide police affairs such as criminal investigation, intelligence, life safety, traffic control; it maintains the relationship which is equal between national police and autonomous police except national commissioned affairs. The second proposal has some of merits; it is possible to cope with wide area security demand effectively, to minimize the change of organization, to guarantee the accomplishment of local government by low cost. Also this proposal has demerits, there is uncertainty of police administrative responsibility as police committee decide the policy of autonomous police and actually autonomous police take charge the policing, chief of the wide area self-governing body has weak control and supervision right to autonomous police, limited reflection of residents to regional security.
c. The proposal that transfer the responsibility from present national police station operating to autonomous police under basic self governing body supervision
The third proposal is the entire present national police station operating move to under control of basic self governing body level. Their mission and function consist of not only traffic control, safety, basic order sustain but also nation wide affairs such as criminal investigation, intelligence and security. Chief of basic self-governing body is responsible for law enforcement in the area and has the right to assign the chief of autonomous police station with consent of basic self governing committee. All members of autonomous police station's status are transferred from central governmental public officer to special local governmental public officer. It is possible to process the law enforcement by clear and independent responsibility. But as demerits, the possible disorder comes from the hasty change of national police system structure, poor countermeasure to crime mobilization and wide area phenomenon
Finalautonomouspolicesystem(proposal)contents
1. Main frame
Final autonomous police system (proposal) main frame comes from
2. Form of final autonomous police system
Independent responsible police system is the system to enhance the inefficiency of consultative police committee(上野治男, 1982 : 69). The consultative police committee is not adaptable to reality, so independent responsible police system is operated by experts. Form of final autonomous police system adapted execution unit which is on the basic self governing community, decided independent responsible police system as operating system. And autonomous police system lies in the chain of basic self governing command. The title of final autonomous police system is called 'Autonomous police unit'. The decision regarding establishment and abolition of this system depend the result by voting and the decisions made by commission. When this system is established, it is needed basic self governing counsel's consent and when abolished, depends on residents voting.
3. Size of organization and Disturbance budget
Total strength will be 6,000; this prospect is calculated by 25.3 people per basic self governing body. Disturbance budget require three billion dollars. Through the local financial control system, traffic fine and light criminal fine will be major fund for autonomous police system.
4. Application of opening duty position
The official status of autonomous police officer will be special local governmental public officer. To prevent central government's intervention to autonomous police's personnel affairs, chief of local self-governing group has the personnel right of autonomous police officer. They adopted application of opening duty position that any person who want to be a chief of autonomous police can apply. The duration of chief of autonomous police is from 2 years to 5 years according to local self governing group. To search a good expert, they set up the inner regulations under which crew can be promoted from within.
5. Personnel and education of autonomous police
As earlier mentioned, the autonomous police strength will be 6,000, among these, 50% of strength will be selected among national police officer who want to be a autonomous police officer through open competition. The remainder will be supplied from security policemen or parking control crews. The personnel circulation among autonomous police officers will be accomplished wide area self governing group level. For the time being, the education for autonomous police officer will be done at national police educational center. The uniform, equipment, rank system of autonomous police officer will be different from national police officer's.
6. Authority to autonomous police officer
Autonomous police officer take charge of the management for a police questioning or protective custody and danger prevention in the jurisdiction except some of law enforcement. General crime investigation right is not given to the autonomous police officer, as soon as they recognize any kinds of crime or arrest one who commit crime in the line duty, they have to hand over and them to national police officer immediately.
7. Operation of autonomous police
To control of conflicts between autonomous police units which were established at basic self-governing body level, security administrative council at each wide area elf-governing body is responsible to negotiate and control the administrative problems in autonomous police system. And at basic self-governing body level, local Security Council is established and they control the cooperation between autonomous police of basic self-governing body autonomous police and national police in the jurisdiction.
8. The relation between autonomous police and national police
The relation between autonomous police and national police is summarized as follows;
First, autonomous police cooperate with national police in ordinary times, but national police supervise command and control the autonomous police during emergency situation. Chief of national police agency has commanding authority in wartime, domestic disorder, terror, demonstration etc.
Second, national police agency can inspect and guide autonomous police. Chief of national police agency inspect over autonomous police.
Third, because the local self-governing group's public finance independence level differs from area, central government support the labor cost of the personnel who switches jobs from national police to autonomous police, adding financial support provided in purchase of the equipment through state subsidy.( Lee, Jong Bae, 2005 :22-32),
Thecriticismagainstanautonomouspolicesystem(finalproposal)
1. The differences between proposals which has been so far
There are many differences between government's final proposal and the proposals which has asserted so far. The difference can be divided two aspects.
First, according to final proposal the execution unit of autonomous police system is basic self governing group.
Second, general crime investigation right is not permitted to autonomous police. Sufficient examination is necessary to decide the execution level of autonomous police whether wide area self governing group or basic self governing group and to handle the personnel right, financial aspect (Lee, Hee Sean, 2000: 202). With regard to the execution level of autonomous police, most proposals which are asserted until now have been insisted wide area self governing group. According to the Choi, Jong Sool's a study on the reception attitude of police about adopting the autonomous police system in Korean police system in 1999, he asked the national police officer what kind of administrative level become the most desirable as execution unit of autonomous police system if autonomous police system is introduced to Korea. Among 247 people, 186(75.3%) answered wide area self governing group including
wide area (including metropolitan city) | wide area(except metropolitan city) | basic self governing group | no answer | total | |
superintendent | 16 | 3 | 6 | 1 | 26 |
inspector/captain | 72 | 2 | 16 | 1 | 91 |
assistant inspector | 98 | 6 | 24 | 2 | 130 |
total | 186(75.3%) | 11(4.45%) | 40(18.6%) | 4(1.6%) | 247(100%) |
<Table 1> The police officer's answer to the introduction level of autonomous police system in
(source: Choi, Jong Sool(1999), A Study on the Reception Attitude of Police about Adopting the Autonomous Police System in Korean Police System, p. 298.)
There are some studies which concerns the execution unit of autonomous police system. Most studies asserted wide area self governing group level as the execution unit of autonomous police system. Absolutely there is no proposal or study which insists basic self governing group level as the execution unit of autonomous police system. For the questions related to autonomous police and local self-governing group, most national police officer represented opinions that autonomous police system has to be separated from local self-governing group, chief of provincial police agency have to manage and control autonomous police. Choi mentioned that they suggested function transfer such as crime prevention, traffic affairs, general crime investigation function, and security from national police to autonomous police (Choi, Jong Sool, 1999: 298-304.).
Until now on, there are many studies suggesting general crime investigation function should sent from national police to autonomous police. There are some conflict between National Police Agency and Prosecutor Office in
2. The criticism against an autonomous police system introduction necessity
According to the final proposal, as the basic self governing group didn't have any right and responsibility to jurisdiction security, if new autonomous police system will be put into operation, reinforce the crime prevention activity at a crime ridden district, safety maintenance for the students during attending and leaving school, traffic control support at customary traffic jam area will be possible. And it is possible as an order type police activity will available such as sight seeing police, public moral police in accordance with area characteristics. But what is exact conception of sight seeing police, public moral police? Is it possible to accomplish autonomous police's mission and function by only 25 officer at large area without assistance of national police strength? The Government renovation decentralization commission emphasize that existing provincial police agencies belongs to provincial governor or metropolitan major but actually existing provincial police agencies is controlled by central government. This result comes from central government's negligence of decentralization effort. It is desirable to decentralize the authority power from central government to self governing group rather than to make autonomous police system of basic self governing group level. According to new proposal, autonomous police system of basic self governing group level doesn't possess powerful law enforcement capacity. Therefore autonomous police system should made at wide area self governing group level and actual law enforcement authority including general crime investigation right should be given to autonomous police.
3. The criticism against the general direction of bill enactment by law
First, Government Renovation Decentralization Commission (GRDC) insisted that immediate security operation will be possible without water leakage of national security power if new proposal is adopted. But this system only attaching the title 'police' to the affairs which already municipal, county level self governing group has worked as order administrative aspect(Lim, Jun Tae: 2005, 71.). It seems extremely difficult to guarantee immediate security operation. Because new proposal comes from the campaign public promise rather than practical security service for the people.
Second, they explained national police and autonomous police's competitive security service will be done under severe competition and the quality of security service will develop one step higher naturally. How such situation will occur? Whether national police or autonomous police, any organization can not disappear from competition.
Third, it will be possible to compete between national police and autonomous police psychologically, but actually it is not the situation the autonomous police will be able to compete with national police. Because the national police have general crime investigation authority, so competition of autonomous police against national police will be impossible.
Fourth, when some kind of emergency situation has happened in society, police is one of the most important organizations in the governmental authority. They should cope with any disorder by immediate response (Henry M. Wrobleski Karen M. Hess, PhD: 2000, 127.). Public security is not the thing that can be establish or abolish by financial ability and the result of resident's vote. Although basic self governing group has not sufficient financial capability for public security in the area, resident who stay at jurisdiction has right to live under safe atmosphere. Whether basic self governing group has sufficient financial capability or not, sustain of security is not the choice but essential for resident. Consequently, entrusting an autonomous police system adoption with in the local self-governing group that is
Fifth, they mentioned that basic self governing group takes charge of financial support to autonomous police in the early days. Also there is doubt until when it is possible to give financial support to basic self governing group from central government. Consequently, there is no financial support of the central government to the self-governing body which does have an autonomous police system. This means the imbalance of budget distribution to self governing group.
4. The criticism against an autonomous police main subject
First, the autonomous police's total strength (6,000) was calculated by 25 - 26 people per one basic self governing group. They explained this calculation is only the result of simple arithmetic average method, but to accomplish the autonomous mission and function mentioned earlier, the total strength of autonomous police is insufficient absolutely. For the law enforcement, 3 shifts which include a night duty are necessary. Is it possible to solve all of the problems including traffic control, parking control and other special law enforcement mission only by 8 police officers? In first stage of recruitment, they said that at least 50% of total strength will be selected from national police officer, but it is uncertain whether to apply or not by national police officer. And they suggested a chance to promote national police officer apply to autonomous police officer. This fact said that autonomous police is not attractive job compared with national police officer. And recently there is administrative structure change of basic self governing group through the resident's vote. For example, in July 2005, Je Ju province local government accepted the unification of wide area self governing group through the abolishment of basic self governing group.[5] What is the solution to establish the autonomous police at basic self governing group level if there is no basic self governing group in the area?
Second, the idea that acceptance of opening personnel system for the chief of autonomous police has some prospective problems. If a person, who didn't have any experience in security, is assigned as chief of autonomous police, he can not play a role as a adoptable commander.
And the expert fit for the chief of autonomous police will be ex-police officer or military officer who is well accustomed to disciplinary mission and function. Of course the member of organization could to promote as chief of autonomous police organization by the inner regulation, but the moral of members will drop naturally if other person assign as boss of autonomous police. This is the result of lack and misunderstanding of oriental mental sphere.
Third, according to new proposal, to solve the personnel problem, they introduced many systems; allocating personnel change system among basic self governing groups, systematization of positive personnel flow through inter dispatch system, periodical personnel change system. They mentioned that if there is no volunteer, it is impossible to force the change or transit to national police officer and according to one's regional preference, this system has optional aspects. They suggested promotion to higher rank if one applies to change his or her position from national police officer to autonomous police officer. According to periodical personnel change system from autonomous police officer to national police officer, if one changes one’s position, he or she should to demote.
Even though the mission and function is similar between national police and autonomous police, the basic operating conception is different, it will extremely difficult to apply the personnel system.
Conclusion
Autonomous discussion which have been discussed today, focused on rigid relation between South and
But the global tendency of police organization's operation and management consist of two major directions. One direction is to make endeavor democratic control and enlargement of resident's participation through decentralization, the other is go forward to strengthen the central government's control and adjustment to cope with organized crime, international crime and to enhance national efficiency of police activity(Lee, Kwan Hee, 2000 : 32).
The general Korean society’s atmosphere of today is that some of resident aren't afraid to break the law and even they neglect the public authority. Without having general crime investigation right, new autonomous police can not guarantee the security problems against unlawful circumstances in
Consequently national police agency has no complains because KNP can sustain general crime investigation function and no change of organization, Ryo's government succeed in keeping the election promise; in establishing the autonomous police to respect people's will. According to the law of autonomous police, establishment and abolition of autonomous police is decided by resident's vote or committee's decision. This is the most symbolic to respect people's will. The function of police is divided into two aspects into administrative police and judicial police. Administrative police take charge of public law and order maintenance and judicial police is responsible to investigate criminal case.
The final proposal suggested by Government renovation decentralization commission is exquisite system which to satisfy the obligations that autonomous police system where the participation of the resident is guaranteed, there is no damage on the national police's main function, to make sure central government's control function to self governing group.
The adoption of new autonomous police system in Korea means that political – oriented decision making is superior to efficiency and the spirit of police management.
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[1] In 1948, U,S. Forces in
[2] Kim Dae Jung government considered to adopt autonomous police system as 100 kinds of administrative policy revolution in 1998, but they gave up to adopt.
[3] There were many reports relating to autonomous police system within KNP.
1985; police developmental study
1991: report of security for citizen
1992: report of police administrative development
[4] There were many studies on autonomous police of
[5] It has been discussed to change administrative structure in Je Ju island which is the biggest island in