특 집 : 경찰작용에 대한 법적 쟁점 ; 경찰의 메르스 자가격리 무단이탈자 위치추적에 대한 비판적 고찰

김학경 ( Hak Kyong Kim ),이성용 ( Sung Yong Lee ) 한국경찰법학회 2015 경찰법연구 Vol.13 No.2

Korea’s outbreak of MERS, first reported on May 20 2015, has sparked national fear. To prevent its spread, Korean health authorities has kept over 2300 people, who were in contact with patients with MERS but have not developed any symptoms yet, under quarantine, particularly most at home. The problem is that some of them broke house quarantine rules, and fled away, elevating the likelihood of developing into a pandemic in Korea. Therefore, health authorities tracked the mobile phones of the home quarantine elopers in partnership with the Korean police. Especially, the police have claimed that the phone location tracking is legitimately conducted under proper legislation, emphasizing that this is an unavoidable measure for the sake of public order and security. Here is the research question, “Can the police locate the home quarantine elopers through mobile phone-tracking under the aforementioned acts, even if they don’t provide consent?”. To provide an answer to the question, the research attempts to analyze the legal conditions of location-tracking in the acts respectively: the Act on the Protection and Use of Location Information, the Personal Information Protection Act, and the Protection of Communications Secrets Act. Then, the study finally tried to apply the analyzed conditions to the given question, noticeably demarcatthe limits of the acts.

재난대응 및 복구 관점에서 바라본 테러방지법에 대한 비판적 고찰

김학경(Kim, Hak-kyong) 한국형사법무정책연구원 2019 형사정책연구 Vol.117 No.-

영국의 국가위기관리체계에 관한 고찰 : 우리나라 국가위기관리체계 발전을 위한 시사점 중심으로

김학경 ( Hak Kyong Kim ) 한국경찰법학회 2009 경찰법연구 Vol.7 No.2

The Civil Contingencies Act 2004, which underpins UK emergency (disaster) management, establishes a consistent level of civil protection across the UK, based on Integrated Emergency Management. Therefore, emergency preparedness and response arrangements also become integrated both within and between responding organisations including emergency services such as the police, the fire brigade, and the ambulance service. Their duties are harmonised and discharged in liaison with other responders such as local authorities, public utility operators, and transport operators at the local level. In particular, the police service has a role in coordinating all of the disaster responses. The paper aims to make some practical suggestions for the future of the Korean emergency management (also the role of the police at the scene of a disaster), based on lessons learned from UK civil protection development. To this end, this paper basically describes UK approaches to crisis and disaster management, presenting an overview of UK emergency management development. It also explores mechanisms of UK local responders in cooperating and sharing information under current legislation.

비권력적 사실행위로서의 "조망촬영" 인정 가능성에 대한 소고 - 경찰개혁위원회의 권고안 그리고 영국 실무 및 법리 중심으로 -

김학경(Kim, Hak Kyong) 경찰대학 경찰학연구편집위원회 2020 경찰학연구 Vol.20 No.4

경찰의 집회시위 대응정책은 집회의 역동성이나 가변성에 미치는 중대한 영향 요인 중 하나이다. 역사적으로 보면, 우리 경찰의 집회시위 대응정책, 특히 경찰의 ‘촬영행위’와 관련해서는 법적 논란도 많았고, 이에 대한 국민적 신뢰도 상당히 낮았다. 이런 배경 하에 2017년 경찰개혁위원회에서는 경찰의 촬영행위와 관련한 중요한 정책 권고안을 제시하게 되는데, 그중 하나가 “조망·현장 촬영한 자료를 연구용 등으로 활용가능하다.”라는 권고안이다. 하지만 문제는 이러한 촬영행위에 대한 개념이나 법적 근거, 합법성 여부 등에 관한 설명이 전혀 존재하지 않는다는 것이다. 이러한 문제점을 인식하면서, 본 연구는 먼저 헌재 결정·대법원 판례·학계의 의견 등을 종합하여 경찰의 촬영행위를 유형화하고, 각 유형에 대한 법적 성격 및 근거를 제시해보았다. 헌재의 법정 의견 및 학계의 다수설은 조망촬영의 개인식별 가능성이 근접 촬영과 동일하다고 간주하고 있으며, 조망촬영에 대해서도 엄격한 법률 수권을 요구하고 있었다. 하지만 불문법계 국가인 영국에서는 정복 차림의 경찰관에 의하여 일정한 거리를 두고 이루어지는 촬영행위 자체는 기본권 침해성이 부정되고 있었으며, 근접촬영의 경우 촬영 자체가 아닌, ‘장기간의 보관과 사용’만을 문제 삼고 있었다. 이러한 영국 법리를 바탕으로 본 연구에서는 촬영 및 보관에 대한 엄격한 기술적·제도적 통제장치를 전제조건으로, 이른바 비권력적 사실행위로서의 조망촬영 개념을 조심스럽게 제시해 보고자 하였다. The dynamics and volatility of protests can be greatly influenced by protest policing itself. Historically, there have been serious concerns about police use of photography during protests in Korea; and the public trust in the lawfulness of police taking and retaining photos has also been tenuous on. With this in mind, the Police Reform Commission (PRC), which launched in 2017, recommended that the police use of both overall and close-up photographs is justified for the purpose of training, education, and research. Nevertheless, the commission did not provide any explanations about the concepts, legal grounds, and legitimacy of each methodology for taking and retaining photos. Recognizing these limitations, our research tries to categorize the methods of police taking photos and further suggests possible legal grounds for overall and close-up photography respectively, based on Korean Constitutional Court’s decisions, legal precedents, and findings of the literature review. Furthermore, this paper presents a cross-cultural comparative analysis of the institutions and practices of the British police forces, their Forward Intelligence Teams (FIT), and also analyzed the findings of the ‘Wood v Commissioner of Police for the Metropolis’ case. In the end, the research argues that during peaceful protests, police use of overall photography can be permitted as a ‘non-authoritative administrative action’, particularly with a precondition of strict technical and institutional control mechanisms, not allowing the identification of individuals.

다중이용시설에서의 실종아동 대응방안에 관한 연구

김학경(Kim Hak Kyong),이성용(Lee Sung Yong),이웅혁(Lee Woong Hyuk) 경찰대학 경찰학연구편집위원회 2013 경찰학연구 Vol.13 No.2

According to the current law, the police help parents search for lost children when the incidents are officially reported in Korea. However, before reporting to police, there is no legal ground to force large-sized public facilities to react to children going missing inside the facilities. In this context, the paper primarily aims to provide a practical model guideline for public facilities, such as shopping malls, department stores, and theme parks to monitor all entrances and search for a missing child when he or she is reported missing. First, the study tries to derive policy implications from the US Code Adam Alert and the Search Procedures mandated in the Code Adam Act of 2003. Second, based on the policy implications and E-Mart's “Yellow Alarm Alert” manual, the paper attempts to draft a detailed model guideline, particularly, by combining different manuals currently used by the different US public organizations and private businesses with one another. Third, the paper employs unstructured interviews to obtain realistic and pragmatic ideas and opinions of various stakeholders with relation to the drafted manual, and finally proposes a detailed and specific model manual for the missing children alert and search procedures in Korea.

영국의 범죄수익 민사환수제도에 관한 연구

김학경(Kim Hak Kyong) 경찰대학 경찰학연구편집위원회 2014 경찰학연구 Vol.14 No.3

Korea’s legal system has only a criminal forfeiture system that serves to recover the proceeds of crime. The criminal forfeiture requires a criminal trial and conviction, which means that the government must first establish guilt “beyond a reasonable doubt” or such that the judge is “intimately convinced”. However, the death of Yoo Byung-eun, who was responsible for the sinking of the Sewol ferry, brought an end to criminal proceedings, including criminal forfeiture. This issue can provide a strong impetus for the imposition of a civil forfeiture system in Korea, sometime in the near future, particularly in order to compensate for the disadvantages of a criminal forfeiture system. In contrast, a civil forfeiture system is a separate action from any criminal proceedings, and requires a “balance of probabilities” standard of proof (a lower burden of proof). Most importantly, civil forfeiture can be employed to forfeiture proceeds of crime, even after the defendant has died, fled the jurisdiction or is immune from prosecution. Therefore, if Korea’s legal system had a civil forfeiture, it could be argued that the late Yoo’s assets could still be confiscated. The UK is the birthplace of a civil forfeiture system, and in the UK, civil forfeiture proceedings are initiated in the name of “Civil Recovery” under the Proceeds of Crime Act 2002. Neither cash proceedings nor proceedings for a civil recovery order require a prior criminal conviction in the UK. Under these circumstances, the research attempts to explore the UK’s civil recovery system by using a descriptive approach, and finally provides policy implications for Korea’s potential civil forfeiture, particularly from the perspective of a comparative study.

젠더 관점에서 바라본 영국의 재난피해자 지원정책에 관한 연구

김학경 ( Hak Kyong Kim ) 한국경찰법학회 2014 경찰법연구 Vol.12 No.2

The United Nations emphasizes the need to promote gender equality in disaster risk reduction initiatives and assistance policy. In Korea, there is a growing concern for gender-sensitive disaster victim assistance. Nonetheless, the field of gender-sensitive approaches for disaster management is not well researched, and accordingly has failed to draw the attention of academics as well as practitioners in the Korean context, despite its great importance in assuring resilience. In the UK, the Civil Contingencies Secretariat, which coordinates the multi-agency efforts of central government departments for effective disaster management at a national level, currently specifies a disaster victim assistance policy entitled ‘Meeting the needs of those affected by an emergency’ in its official guidance, ‘Emergency Response and Recovery’. Under these circumstances, the research attempts to draw gender-sensitive policy implications from the UK`s assistance policy for disaster victims, in order to provide cross-cultural lessons from a gender perspective. The policy implications drawn are as follows: ① the Introduction of ‘Female Police Family Liaison Officer’, ② Gender-sensitive mental health treatment for disaster victims, ③ Gender-sensitive allocation of disaster appeal funds, and finally ④ the Provision of disaster assistance for multi-cultural families from a gender perspective. The study further suggests that evidence-based research for more practical initiatives or programs should be conducted in the near future, based on the aforementioned policy implications.

영국지방자치경찰의 새로운 패러다임

김학경(Kim Hak kyong),이성기 경찰대학 경찰학연구편집위원회 2012 경찰학연구 Vol.12 No.1

The current police governance in England and Wales is described as a tripartite structure of police accountability. Established under the 1964 Police Act, the tripartite system distributes responsibilities between the Home Office, local police authorities, and the chief constable of each force. However, as the threat of crime and terrorism increases, the Home Secretary has been provided stronger powers to intervene in local policing, and accordingly, police governance has been more centralized. The new Conservative-led coalition government in 2010 finally announced it would enact the 2011 Police Reform and Social Responsibility Act, and establish the National Crime Agency, criticising the previous Government's centralization approach for having failed to meet the particular needs of local communities regarding local policing issues. The 2011 Police Reform and Social Responsibility Act will replace police authorities with directly elected police and crime commissioners, who will have the ability to appoint and dismiss the Chief Constable. Police and Crime Panels will also be established for appropriate checks and balances to the power of the Police and Crime Commissioners. Furthermore, the National Crime Agency will be created under the responsibility of the Home Secretary in order to lead the pan-government fight against organised crime at a national level. Now, it can be argued that police governance in England and Wales is being changed into a quadripartite system of Police and Crime Commissioners,Police and Crime panels, Chief Constables, and the National Crime Agency. In this respect, such major police reform plans in England and Wales can contribute to providing policy implications to the introduction of local police forces in Korea.

불법사행산업 근절을 위한 영국 사행행위규제위원회에 관한 연구 -조직 거버넌스 및 권한 중심으로-

김학경 ( Hak Kyong Kim ) 한국경찰법학회 2013 경찰법연구 Vol.11 No.2

영국경찰의 가정폭력범죄 대응권한에 관한 비교법적 고찰

김학경(Kim, Hak-kyong) 한국형사법무정책연구원 2018 형사정책연구 Vol.113 No.-