[In-Depth Look] Trustworthy Police and Confident Law Enforcement

Sanghoon Lee, President of the Korean Police Science Association (Professor at Daejeon University)

The scope and authority of the police are based on laws that reflect the will of the people. The Police Duties Execution Act was enacted in 1953, immediately after the war, essentially copying Japan's Police Duties Execution Act. Although it was completely revised in 1981 to suit the realities of the time, it retained provisions that layered restrictions on the exercise of police authority under the pretext of "human rights protection." This appears to have taken into account the political and economic situation and the status of the police in the 1980s. With the advent of the civilian government, the police expanded their duties to include protection of socially vulnerable groups such as victims of domestic violence, school violence, sexual violence, as well as children, adolescents, women, the elderly, and the disabled, reflecting the public's desire for police reform and pursuit of public safety and welfare. Now, as we enter the 2020s, the majority of the public hopes that the police will become a fairer and more trustworthy entity, especially in light of the recent inter-floor noise stabbing incident.

In the child abuse case in Yangcheon-gu, Seoul, in October 2020 (the Jeong In case), the police on site hesitated to exercise their authority to separate and protect the child despite three reports of suspected child abuse. On-site police officers are well aware that if they separate a child suspected of abuse, the biological parents might sue the police for abduction of a minor and abuse of authority or file complaints with the National Human Rights Commission.

Police work is inherently urgent, sudden, and dangerous. Missing the golden time can turn a dangerous moment into eternal suffering and destruction. Looking at the current public safety situation, the majority of citizens are at risk. This is why laws and systems must be promptly revised so that police officers on the scene do not hesitate in urgent situations. The Fire Services Act already allows for mitigation of criminal responsibility if fire-fighting activities inevitably cause injury or death to others and the firefighter has no intent or gross negligence. The Court Officials Act also protects court officials from civil and criminal liability if they violate personal information protection measures when viewing or copying finalized judgments, provided there is no intent or gross negligence.

In the United States, public officials are granted immunity provisions so that, except in cases of clear rights violations, they are not sued for acts performed during official duties. Australia's Canberra Intoxicated Person Protection Act prohibits prosecution, trial, or any disadvantageous procedures against acts performed in good faith as a guardian or manager.

In this context, the introduction of the loss compensation provision in the Police Duties Execution Act in 2013 was groundbreaking. It mandates that the state compensate for loss of life, body, or property caused by lawful execution of police duties. Since then, it has had a significant effect on encouraging proactive duty execution by police officers on the ground. However, this provision only protects the victims; police officers on the scene are still defenseless against over 100 malicious lawsuits and accusations annually. Our society has been overly focused on preventing human rights violations against one or two offenders, neglecting the protection of the majority of citizens and crime victims on the other side. Sustainable creativity and innovation as an advanced country are only possible on a solid foundation of safety and order. Allowing for mitigation of criminal responsibility under the Police Duties Execution Act can provide stronger protection not only for the police but also for the majority of citizens. The police are citizens who deserve to be protected as well.

Lee Sang-hoon, President of the Korean Police Science Association (Professor at Daejeon University)

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