First Ever 'Police Officer Human Rights Code of Conduct' to Be Established in 100 Years of Police History

Police Commission Deliberation and Resolution Completed
Police Role to Protect Citizens' Human Rights Included
Final Draft Being Refined... "Enactment Soon"

[Asia Economy Reporter Lee Gwan-joo] The Korean police, which began as the Security Bureau of the Provisional Government of the Republic of Korea in 1919, is on the verge of establishing the first-ever "Police Officers' Human Rights Code of Conduct" in its 100-year history. It is expected to serve as a stepping stone for the police to atone for past mistakes and advance as a democratic, human rights, and community-oriented police force.

According to the National Police Agency on the 5th, the Police Commission recently reviewed and approved the "Regulations on the Establishment of the Police Officers' Human Rights Code of Conduct." The Human Rights Code of Conduct was prepared with the purpose of declaratively stating that police officers have the responsibility to respect and protect the dignity, value, and human rights of the people, and to establish human rights standards that must be observed during the performance of their duties.

In 2005, the police established the "Police Officers' Duty Regulations for the Protection of Human Rights" as a National Police Agency directive, specifying principles for human rights protection. However, in May 2018, during the process of completely revising it to the "Police Human Rights Protection Regulations," all provisions were deleted on the grounds that they overlapped with other laws. Subsequently, in July 2018, the National Police Agency signed a research contract with the Korean Society of International Law to study a police officers' code of conduct that aligns with international human rights standards, marking the start of serious discussions on establishing the Human Rights Code of Conduct. Two years after the formal commencement of the drafting process, the Human Rights Code of Conduct is now coming to light.

The Human Rights Code of Conduct first specifies that police officers have the responsibility to respect and protect the dignity, value, and human rights of the people. It then outlines the roles of police officers in protecting citizens' human rights, including ▲ the principle of proportionality in the use of police force ▲ prohibition of discrimination and protection of the vulnerable and minorities ▲ prohibition of physical and mental cruel treatment ▲ protection of crime victims. One notable aspect is the explicit statement of the principle of proportionality in the use of police force. This provision stipulates that the exercise of police authority should be limited to the extent necessary to achieve its purpose. In particular, the use of physical force is restricted to the minimum necessary scope. This appears to reflect the standards for the use of physical force by the police, which were fully implemented in November last year.

Torture and other inhumane physical and mental cruel treatments are also prohibited. Notably, this is the first time that mental cruel treatment has been explicitly mentioned. The United Nations Human Rights Committee has long requested that South Korea include "mental suffering" in the definition of torture, not just physical pain, but past governments had not accepted this. It is also noteworthy that the code specifies the protection of minorities, who require special protection due to physical, mental, economic, and cultural differences, going beyond simple prohibition of discrimination.

The newly established Human Rights Code of Conduct is expected to take precedence over any other rules during the performance of police duties. The National Police Agency is currently drafting the final text of the Human Rights Code of Conduct based on the Police Commission's resolution. A National Police Agency official stated, "We will complete the establishment soon."

This content was produced with the assistance of AI translation services.