경찰작용의 통제법리에 관한 연구

A Study on the Regulative Principle of law in Police Function: Focusing on Basis and Limitation to Police Authority Exercise

The police have responsibilities for exercising the Police Power as a preventive measure of danger, but it depends on the Police Power to decide whether the police intervene the rights of the public in order to prevent dangers or which intervention is needed and to which degree the intervention is required. Because the police s actions, based on the Police Power, consist of infringing commands and compulsion, they are apt to violate rights of the public. Limitation of the Police Power should, therefore, be required and followed according to the principle of the reservation of law among principles of constitutionalism when it is necessary to exercise the Police Power. Focusing on the Basis and Limitation of the Police Authority Exercise as the Regulative Principles of law in Police Functions, this study also tried to find out the right directions in the Police Functions which can keep the orders and the public well-beings as well as guarantee the maximum liberties and rights of the public.