메뉴 건너뛰기
소속 기관 / 학교 인증
인증하면 논문, 학술자료 등을  무료로 열람할 수 있어요.
한국대학교, 누리자동차, 시립도서관 등 나의 기관을 확인해보세요
(국내 대학 90% 이상 구독 중)
고객센터 ENG
주제분류

논문 기본 정보

저자정보
(성신여자대학교)
저널정보
한양법학회 한양법학 한양법학 제25권 제4집 통권 제48집
오류 신고하기

피인용 4

검색

    초록·키워드

    Criminal cases where citizen publicly insult police officers have steadily increased for a few recent years. Article 311 of the Korean Criminal Act provides that “A person who publicly insults another shall be punished by imprisonment or imprisonment without prison labor for not more than one year or by a fine not exceeding two million won.” This paper examined six cases received at the National Human Rights Commission of Korea and reviewed related legal issues. First, police officers who were allegedly insulted did not fully review the criminality. Second, police officers provoked citizen’s insult in a few cases. Third, police officers arrested insulting citizen with no legitimate need of arrest which is required by the relevant law.
    This paper discusses the legality of criminal insult against police officers and concludes that police officers’ arrests of insulting citizen, despite being punishable, may end up with an arbitrary decision by the police. Therefore, the police need to take some measures to restrain the abuse of police power when they arrest and investigate insulting citizen. This paper, as a conclusion, recommends that the National Police Agency order police officers on the streets to make a strict scrutiny on insulting expression and the need of arrest, provide police officers with appropriate legal education, and make guideline and checklists for police officers to reduce arbitrary and illegal arrest.

    최근 본 자료 전체보기

      UCI(KEPA) : I410-ECN-0101-2015-300-002822786