Police Achieve Long-Standing Goal of 'Criminal Liability Reduction,' Saying, "A Stern Order to Protect the People... Managed to Prevent Misuse and Abuse"

Specification of Applicable Crimes Such as Violent Crimes, Domestic Violence, and Child Abuse
Establishing a Basis for Prompt Judgment and Active Law Enforcement

On the afternoon of the 11th, the partial amendment to the Police Officer Duty Execution Act was passed at the first plenary session of the new year held at the National Assembly in Yeouido, Seoul. [Image source=Yonhap News]

[Asia Economy Reporter Lee Gwan-ju] With the passage of the long-awaited amendment to the "Police Officer Duty Execution Act" (Gyeongjikbeop) at the National Assembly plenary session on the 11th, a highly encouraged atmosphere is felt within the police force. Once the amendment, which primarily reduces criminal liability for damages incurred during the legitimate execution of police duties, is fully implemented, it is expected that more proactive law enforcement and enhanced protection for the public will be achieved.

The National Police Agency issued a statement on the day the Gyeongjikbeop amendment passed the National Assembly, saying, "We understand this legislation as a solemn command and a mission of the times to 'protect the people more closely, safely, and comfortably.'"

The police have been pushing for the amendment of the Gyeongjikbeop as a key agenda item. While public expectations for police activities continue to grow, about 400 police officers are booked annually for duty-related incidents and face lawsuits, causing mental and material distress and leading to hesitation in proactive law enforcement on the ground.

Especially after repeated controversies over inadequate responses in incidents such as the November stabbing incident related to floor noise in Incheon and the stalking murder case in an officetel in Jung-gu, Seoul, voices calling for legislative improvements to reduce criminal liability for police officers during legitimate law enforcement processes have grown louder to ensure more active law enforcement and stronger public safety protection.

The recently passed amendment to the Gyeongjikbeop specifies the application of reduced criminal liability for police officers in cases where specific crimes such as murder, injury/assault, rape/sexual assault, robbery, domestic violence, and child abuse are "about to be committed or are being committed, and there is a clear and urgent risk of harm to another person's life or body."

Furthermore, even if damage occurs, criminal liability may be mitigated or exempted only when the police officer's duty performance was unavoidable, carried out within the minimum necessary scope, and without intent or gross negligence. By strictly defining the scope of duties exempt from liability and the conditions for mitigation, concerns raised by civic groups about police abuse or misuse of public authority are expected to be minimized.

The police view this amendment as enabling swift judgment and proactive law enforcement by officers, creating conditions for them to work with greater confidence. This is also expected to directly contribute to protecting the public by strengthening on-site law enforcement capabilities.

A National Police Agency official stated, "We will publish a manual clarifying the exact meaning of the provisions and applicable cases, strengthen internal education to firmly establish the legislative intent and meaning of the amendment, and monitor the progress of actual cases when they occur." He emphasized, "Through continuous management and supplementation, we will establish a meticulous institutional framework to ensure that police authority is never abused or misused."

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