경찰 임의동행의 적법성 한계에 관한 고찰

A Study on the limited Legality of Police Voluntary Accompany

Requisite of the voluntary in all laws require both of the voluntary nature and necessity, The voluntary company in Resident registration law requires the Reasons also or even. When the stop and question procedure would disturb traffic or be disadvantageous to the person being stopped, the policeman has the authority to ask the party for voluntary company with him to the nearest police station. The policeman must present his identification, state his position and name, state the reason he is asking the person for voluntary company with him. After the procedure the policeman must notify the party's family members or acquaintance and provide information about the police officer's position and name, the address of the police station and the reasons why the party was asked to come to the station. Voluntary company to the accused is applied to the criminal procedure. voluntary company to the accused is permitted with a limitation in cases of not being able to request for presence or being difficult. It is a false imprisonment in case of the protection management without returning the party home and probative value of the acquired evidence during this period id lost due to illegality. The victim will right to claim to the government for the damages.