不審檢間의 法的根據 - 比較法的 考察에 의한 立法案 檢討를 중심으로

Stop & Frisk is a primary and important measure of police for crime prevention. However, its compulsory nature related to the use of physical power poses a potential danger to the invasion of an individual rights when authorities take advantage of it. Act 3 of Police Duty Performance, which is the basis for the Korean Stop & Frisk, has imposed a jurisdictional restriction. This law has greatly hindered the Korean police`s ability to effectively conduct crime prevention activities.<BR> If one looks at the comparisons done between the U.S.A., German, Japan and Korean policing systems, it is easily seen that the German policing system would be a good reference for the Korean policing system, which has a cultural nature of continental law system. This study`s aim is to propose possible amendments to the current Act 3 of Korean Police Duty Performance, with reference to the German document, especially MEPoIG, in order to achieve the goal of balancing the following: the assurance of human rights as well as the effectiveness of police operation.