체포된 피의자에 대한 경찰 물리력 사용 기준 연구: 미국 연방대법원 Kingsley v. Hendrickson 사건을 중심으로 = A Study on Post-Arrest Police Use of Force Standards: A Focus on Kingsley v. Hendrickson case of the U.S. Supreme Court

다국어 초록 (Multilingual Abstract)

Police officers reserve a right to use force in order to stop criminal behavior, to arrest criminal suspects as well as to prevent escape. In Korea, police use of force against post-arrest pretrial detainees under police custody is regulated not by “the Act on the Performance of Duties by Police Officers” but by “the Act on Execution of Sentences and Treatment of Inmates”, which, in turn, excludes the application of the ‘objective reasonableness standard’ when a detainee attempting to abscond tries to continue such attempt, disobeying a restraining order by an officer. In Kingsley v. Hendrickson, the U.S. Supreme Court held that the ‘objective reasonableness standard“ applies to use of force against pretrial detainees as the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution protects pretrial detainees from excessive force that amounts to punishment. In this regard, the present study discussed the proper standard with respect to post-arrest police use of force as pretrial detainees under police custody are protected under the presumption of innocence. Finally, the current study proposed several policy implications, including the revision of “the Act on the Performance of Duties by Police Officers” and “the Act on Execution of Sentences and Treatment of Inmates”.