To establish public order, it is required to apply various methods that aimed at establishing democratic order, having mixed those methods with future-oriented preventive measures, and also with the means of past-oriented oppression in an optimal comb...
To establish public order, it is required to apply various methods that aimed at establishing democratic order, having mixed those methods with future-oriented preventive measures, and also with the means of past-oriented oppression in an optimal combination on a premise of higher level of consciousness of social constituents.
Among these, criminal-political measures are very important in view of the fact that misdemeanor case might be progressed as felony.
The purpose of the research was to raise law-abiding consciousness in our society through an optimal combination of future-oriented preventive measures together with reorganization of basic order related statute laws of the police by linking the conception of public order to criminal-political improvement measures.
The range of this research includes criminal-political improvement measures in order to establish public order, and the works to pursue public order with a focus on the topic concerned as well as the police related laws and regulations.
In Chapter 2, first, the researcher, having closely reviewed the concept of public order and of police force, approached to the subject in the respect that interrelationship between establishment of public order and police function, which to be discussed later, shall be linked in a faithful manner.
In Chapter 3, major contents and problems of statute laws concerned, including the police related laws and regulations in force with regard to public order, “act on the performance of duties by police officers,” “assembly and demonstration acts,” and “misdemeanor laws,” etc. were reviewed.
Next, in Chapter 4, the laws and regulations concerned with public order in major advanced countries like Germany, England, the United States, and Japan, of which statute laws we may take as a precedent, were studied.
In Chapter 5, having divided the major points into three categories in order to look for criminal-political improvement measures with the purpose of establishing public order, the researcher investigated improvement measures thereof in the conceptual, political, social, and cultural aspect, having compared it to the police related laws and regulations of major developed countries.
In Chapter 6, as conclusions, solutions to those problems, which were exposed through discussions in the previous chapters, were put together in a comprehensive manner.
Researches were conducted having relied upon literature analysis techniques mainly, however, in light of characteristics of this paper, a wide range of practicable matters had to be involved in the research works, thus the researcher had referred to police publications and periodicals additionally. Also, solutions were pursued having employed comparative method in parallel with experiences in the police affairs to the extent practicable. As this study was mainly based on legal bases, a realistic or law-sociological approach such as a statistical analysis was excluded in principle.
Reviewing the details of criminal-political improvement measures, which were the core of this research paper, in a specific manner, the researcher summarized results therefrom as follows:
First, ways of reestablishment of role and status of police force, which was discussed previously, from conceptual and political perspective, were presented. Meanwhile, the researcher put emphasis on the necessity of pursuing effective legislative policy maintaining the basis of discussion concerned with public order in a consistent manner.
Second, the researcher presented a specific improvement measure in connection with the laws and regulations in force concerned with police organization and its operation, assembly, demonstration, misdemeanor, and so on from a functional and institutional perspective.
Lastly, from a social and cultural perspective, the researcher presented, more than anything else, the necessity of securing citizens’ participation, as a high priority.
In addition, the researcher stressed the necessity of spreading this task as a social movement, establishing close relationships with the government agency and organization concerned, as well as with media, and so forth.
It is hoped that, though the study of basics, this research, by all means, would be able to foster efforts to make our country become an advanced country in the world, and that this would also provide momentum to institute substantial works in order that constitutionalism takes root firmly in our society.