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논문 기본 정보

저자정보
(한양대)
저널정보
한양법학회 한양법학 한양법학 제28권 제3집 (통권 제59집)
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    초록·키워드

    In the traditional constitutional nation, the role of the police was limited to the prevention of passive danger because the police aimed to prevent the danger and to eliminate the obstacles in order to maintain public security and order. However, due to the development of science and technology in various fields, modern society is not only hard to foresee the occurrence of risk but also has a wide range of damage. For this reason, modern society is called a risk society. Therefore, it is anticipated that the police action will take an active role in preventive activities from the pre-risk stage in the pre-consideration of the risk, away from the passive activity of traditional risk prevention. Modern police are being asked to change their subject as “safety(concrete safety against the danger of objective reality)” to “security(security system against future anxiety)” Therefore, police policy is changing from “danger prevention” to “risk control”.
    The purpose of this study is to find out the police control measures against the modern risk society. First, we reviewed the contents and limitations of risk assessment and risk perception, which are traditional risk control methods, the reason for the divergence between risk assessment and risk perception and the error of zero risk and the limitations of risk assessment and risk perception formation(eg, the human ability to perform risk assessment, the perspective of risk assessment, the cost of risk perception, risk assessment ability of police (not professional administration) etc). Next, I examined the usefulness and limitations of the physical space composition(so called “Architecture”), a new risk control method. Architecture is characterized by the fact that it is irrelevant to intellectual ability as a new risk control measure, not a traditional control means such as law, non-legal norm, or market. The architecture has the following limitations. The fact that Architecture does not require a certain order makes it possible to further enhance dangerous behavior by lowering people"s self-awareness ability, the possibility of non-compliance with the democratic process, the possibility of civilian abuse of power, etc.
    Finally, because of the desire to secure safety, people tend to distance or exclude other people or objects or substances they do not know because they are not zero risk, these false attitudes and errors of perception are very dangerous and warned that foreigners who come from economically poorer countries can become a particularly dangerous society by Architecture as a risk control method.

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      UCI(KEPA) : I410-ECN-0101-2018-360-001259752