집회시위에 따른 경찰물리력 행사기준

Police Management Guidelines for Public Assembly

Free speech and public assembly are fundamental rights guaranteed by the Constitution. Public demonstrations are the shining examples of those rights in action. During the last two years, Korean law enforcement agencies faced with protesters demonsrating against the government's trade polices(US beef import) and with protesters against government's redevelopment plan(Yongsan incident where six were killed including one policeman). Amnesty International provided preliminary findings of its investigation into human rights violations and excessive police force used during the protests against US beef imports. It recommended that the government demonstrate its commitment to the rule of law and many argued that the Korean government should amend the Law on Assembly and Demonstration to meet international human right standards as well as take considerable steps to fully protect and fulfill the right of peaceful assembly of its citizens. Police usually has to step in to keep balance between the public peace and protesters right to express. Although it's difficult to determine when the police should use or not to use the force, other countries have categorize police use of force depending the protesters' level of violence. This report examines the laws and regulations of the US, Germany and France to make comparison to Korean law and regulation. This compariso allows us to formulate with few legal principles which must be abided by police when controlling the crowd. It further provides a detailed operation guideline as to how and to what extend measures be taken depending on specific prtest situations. Police officers have the right and duty to protect themselves and the safety of others when protests became out of control. And these suggested guidelines will help them make better decisions in the line of fire.