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      • 警察公務員 敎育機構의 比較 硏究

        鄭振煥 건국대학교 1977 論文集 Vol.6 No.1

        1.Introduction The objective of this research is to find out the way to improve the police training system by analizing the hisorical background and present situations and comparing with the foreign institutions. This research is the results of both the review of historical literatures concerned and suravey review. I tried to review the present situations and problems of the National Police College on aspects as the organizational structure, the organizational structure, the organization of the personnel, the curriculum, etc., through comparison with other training institutions. Institutions of police Training in Korea. 2.The Development and Present Institutions of Police Traingin in Korea. (1) The Development of the police training institutions. ① Chosun Police School-The training institution in the days of the Military Government of the U.S.A. (1945) (2) Present Institution-National Police College. 3.Foreign Police Training Institutions (1) The British Police Training Institution (2) The American police Training Institution (3) The Chinese Police Training Institution (4) The Japanese Police Training Institution 4.The Comparison and Analysis of the Foreign Police Training Institutions. The characteristics of the foreign systems are as follows ;- The British system-The Police College and rural police school have two support institions, named "Board of Directors" and "Recommendation Committee". And they have adopted the systems of selecting superiors instructors and of serving period The American system-Some of the American Universities are having a Police Administration as a subject of study, and many rural police training institutions tend to extend the period for the freshmen's training. The Chinese system-The Central officers Academy is training the students who have graduated from a high school for 4 years, and they confer a degree to the graduate. The Japanese system-National Police College has adopted the civilian professors' system and the college has those attached school as a detective school, a traffic school, etc. 5.Conclusion ① The Police training in Korea has only increased in quantity but those facilities and curriculums have remained as same as before, be the protective function of the government and activation of statuets concerned are needed. ② By adopting civilian professors' system and keeping superior instructors by systematic quarantee, we can wipe out the "teaching-job avoiding" trend and make out a new spirit, then we can expect a inovation in police training. ③ In the basic training curriculums and in service training curriculums for the new appointees, the reorganization and reinforcement of curriculums are needed, such as a promotion candidates course, a foreign language course, etc. ④ The period for the freshmens course should be prolonged for 24 weeks at least and that of other basic training curriculums for 4 weeks, and I think the contents of training must be systemized by re-adjusting the curriculums. ⑤ I think that endowing the police training institution with independent authority is needed be the National Police College as not to take any pressure from other organization in conducting the natural functions of a training institution.

      • 甲午更張期의 近代行政制度 및 文官警察制 導入의 行政史的 考察

        鄭振煥 건국대학교 1978 論文集 Vol.7 No.1

        I.Introduction This study is to explain the background and the process of the reformation for Koreans modernization which wart carried out in the fears of agression of great powers in the latter half of the 19th century, especially to find out the immanent and autonomous side of the reformation in contrast to the theory that they maintained that it was done heteronomously by the oppression of Japan in those days, and to consider what it means in the viewpoint of administrative progress of our country. And I tried to find out the motive of developing the modern bureaucracy, and the civilian police system which was newly taken in into Korea. II.The historical background and the process of the reformation on the administrative structure. I explained the historical, social background of the times during which the reformation was being carried out, argueing the world situation of the latter half of the 19th century and described the structure of Military Bureau of National Reformation which was organized with the help of Japan landed on this country in the year when DONG-HAK Agitation had occurred. III.The contents of the reformation I took a general survery of the contents of the reformation. (especially oil the side of the administrative system.) The main points introduced in this chapter are as follows: ① The reform of central government organization ② The reform of personnal administration ③ The reform of local government organization, etc. There were many other reforms that couldn't be fulfiled by the repulsion of Lee-Dynasty, but such reforms as above were sufficient to give Korea the motive of modernizing her administrative system. IV.The adoption of the civilian police system In Keeping pace with the Gab-o reforms, the new police system was also propelled, that is to stray, the old two Bureaux of Arresting Robbers were amalgamated into the new Bureau of Police Affairs. And the powers controling police which belonged to Military Department in the past were transfered to Home Minister, who became the supreme official in the police organization for the first time, which means the civilian police system was newly adopted. Besides the above reforms, the new police system depatched the modern policemen to several forts which were newly opened, and controled prison fur about 13 years. V.Meaning of the Reformation ① The importance of the autonomous and subjective elements The character of the Gab-O reforms was defined as the heteronomous reformation by the oppressive power of a foreign country, but this general view is the opinions of Japanese scholars. Therefore we should like to maintain that the reforms of Gab-O year was propelled and established by the high class reformers of Lee-Dynasty, according to the immanent demands of Korea. On the other side we should admit that the Japanese Interference was helpful to this new movement. ② The motive of the modern bureaucracy The reformation of Administrative system in Gab-O year made the modern bureaucracy concreted, and that was the very opportunity of getting rid of various harnuul elements in the feudral structure. Therefore those reforms have serious meaning in the viewpoint of administrative system in history. Besides the adoption of the civilian police system also brought us the foundation of the new police organization and its development.

      • 大陸法系國家의 警察制度

        鄭振煥 건국대학교 1978 論文集 Vol.8 No.1

        Ⅰ. Introduction In consideration of the police system of each country at the present times it is the general convention to divide the police administration into two different parts such as the aspect of national interests and that of local interests, and then further classify it, ell the basis of its source of control, into the national and local police organizations. The former is termed the continental-law police system, while the latter is referred to as Anglo-American style police system. This study provides a review of the continental-law police system as practiced by those European countries including Germany, France, Denmark, Sweden, and Switzerland, a system which has influenced ours since 1894 Reformation (= Gab-O Kyungchang) and which Japan has also once adopted in imitation. It also includes a brief glimpse of the general advantages and disadvantages accompanied by the police system of the above mentioned continental-law countries. Finally this study has attempted to present an analysis of our own police system which has largely derived from and further developed the continental-law police system, while endeavoring to determine the prospective direction of its future development. Ⅱ. The Police Systems in the Continental-law Countries 1. Germ any 1) With the corning of the National Socialists in 1933 a considerable reorganization of the police fort·cert took place. Germany became a unitary State and the Lander Governments lost their powers, including control of their Police forces. A National system of police was created under the Reich Minister of the Interior and in 1936 a new official-the Chief of the German Police-was appointed under him, but with powers to issue ministerial decrees on police matters. 2) After the World War II, the four Occupation Powers-United States, Great Britain, U.S.S.R. and France tried to introduce their own ideas of police organization into their respective Zones. 3) In September 1949 the Council of the Allied High Commission issued a letter of instruction to Land Commissioners respecting the organization, control and administration of police within their Lander (State). The functions of the police were outlined and these included the maintenance of public order and safety, prevention of crime and bringing offenders to justice. The organization of police was to be decentralized below the Land level unless specific apple·oval for land police had been given by the High Commission. 2. France 1) The French Minister of the Interior is responsible for the safety of persons and property, for the maintenance of public order and for the security of the state. 2) To carry out these duties he has three police forces at his disposal. They are : (1) The Pre´fecture of Police, covering the Seine Department (Paris itself and eighty neighbouring Communes), comprising some twenty-three thousand officers and men ; (2) The National Gendarmerie, covering all the Departments of France, comprising about sixty-three thousand officers and men ; and (3) The Su^rete´ Nationale-a National Police Force-covering all the Departments of France and totalling about fifty-three thousand officers and men. 3. Denmark 1) The Danish Police Force is a State organization. All members are appointed by the State and all expenses for the Force are defrayed by the State. 2) In Denmark the Police Force is under the control of the Ministry of Justice, and it has the duty of maintaining order, combating crime, prosecution tasks and Civil Defence. The Force also has much more responsibilities than that of other countries in Europe. 3) A central police administration was established in 1938 under the direction of a Commissioner of Police ('Rigspolitichefen') but in principle essential characteristics from the former general organization of the police still remain. The local cheif constables (seveny-two) are still the independent commanders of the personnel placed at their disposal by the Commissioner of Police on behalf of the State. 4. Sweden 1) From ancient times the policing systems in Sweden have always been based on the individual communes. 2) With the passage of centuries, however, the Central Government gradually exerted more and more influence in matters of police-control and the present organization of the Swedish police is regulated by a law passed in 1925 and 1965. 3) And now the Swedish police is completely a national police system. In the ministry of Justice the National Police committee has been organized and the police administration is executed by the National Police Bureau. Every local goverment district (La¨n) equivalent to English counties, which are sub-divided into about 119 commues has its own district police division. 5. Switzerland 1) The Federation is composed of nineteen full cantons and six half-cantons. The Federal Constitution gives some powers to the Federation and others to the Cantons. Thus, except for certain minor offences and administrative and fiscal criminal infractions the right to legislate on criminal matters is reserved by the federation Parliament. 2) Poice duties are shared by the Cantons and the Federation, although the greater part of these duties falls on the former. In addition to the Administrative Service the Federation has a small police force-the Federal Police-which constitues one of the services of the Federal Department of the Public Prosecutor. In Switzerland, therefore, in addition to the federal Police, there are the twenty-five police forces of the cantons and half-cantons and a number of separate Municipal Police Forces. Ⅲ. Advantages and Disadvantages of the police systems adopted by continental-law countries. 1. Advantages 1) Reinforced by the power of the rotate, this system makes it possible for the police to exercise potent and extensive capabilities of execution. 2) Under this system it is feasible to maintain close working-relationship withother ministries and agencies of the government and in case of emergency the system itself facilitates police activities. 3) This system, enabling the police to take prompt actions anytime, anywhere throughout the counts·y, is better adopted to criminal investigation. 4) This system is considered more favorable in the light of personnel management and training of the police force, as well as the supply of police equipment. 5) This system can effectively exclude possible interference by local politicians or any other pressure groups. 2. Disadvantages 1) It is easy under this system to impose on the police some special tasks which may be connected with executive duties but do not fall in the category of regular police mission. 2) Under this sytem the police are apt to assume a bureaucratic attitute and create a coercive atmosphere for the people. 3) Practice of nation-wide police regulations throughout the country may possibly prove unsuitable to some localities. 4) It is likely that the morale or efficiency of the local police remains low and particular activities for local population fall into sluggishness. 5) Under this system, each individual police officer is often believed to have only a tenuous feeling that he is a public servant. Ⅳ. The police system in Korea 1) Ours is one which has been patterned after the continental-law police system, especially that of Germany, since the 1894 Reformation. 2) Our police system has been in complete alignment with the nation's administrative mechanism as a whole, with its highly centralized structure. 3) No consideration is given to any autonomous operation of our police system, The local police are carrying out nothing but such things as are consigned by the national government. 4) With the introduction of corporation police and security service system, we have supplemented our police system by sore of the advantages of the Anglo-American law. 5) The basic mission of our police, as far as the academic theory goes, is known to be limited to the maintenance of law and order after the fashion of Anglo-American system. Ⅴ. Conclusion 1) The two police systems of continental and Anglo-American laws have disadvantages as well as advantages. 2) Therefore, the decision as to which one of the two is preferable will he based on the following factors; - a. the general administrative structure b. traditional traits of the people c. the level of development in transportation and communication d. rotate of public safety 3) It may reasonably be said that the continental-law police system is more desirable when the nation's situation requires a strong police mobility whereas Anglo-American law system seems more advantageous when the nation attaches importance to the protection of human lives and property of individual citizens. 4) In view of the national and international situation facing the nation at present, we feel it at to have adopted the continental-law police system. For the sake of democratic development, however, means and methods should be sought after to have it strengthened by various advantages of the Anglo-American law system in the future.

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