[Crime Insight] The Significance of the Amendment to the Police Duties Execution Act on 'Reduction of Criminal Liability'

Specification of Applicable Crimes Including Violent Crimes, Domestic Violence, and Child Abuse
Reducing Litigation Burden and Establishing a Basis for Active Law Enforcement
Police 'Strengthening On-Site Response Capability' Starts Now

"1.6 million cases." This is the approximate number of crimes occurring annually in South Korea. The types of crimes are diverse, including violent crimes, intellectual crimes, traffic crimes, and cybercrimes, and their methods are evolving rapidly. In a reality where anyone can become a victim, awareness of crime is necessary. covers analyses of major domestic crime trends, introduces crime prevention and response methods, and shares stories from the field of public safety. This week's topic is the recently passed amendment to the 'Police Officer Duty Execution Act' by the National Assembly plenary session.

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] In November last year, two incidents shook public trust in the police. In the 'inter-floor noise stabbing' incident in Incheon, a police officer left the scene while the victim was under threat. In the subsequent officetel murder case in Jung-gu, Seoul, a victim under police protection was tragically killed by a stalking perpetrator. As controversy over 'poor response' intensified, the police bowed their heads and began preparing measures to strengthen on-site response capabilities.

The amendment to the 'Police Officer Duty Execution Act' (Gyeongjik Act), which reduces or exempts criminal liability for police officers for damages incurred during legitimate duty execution, was promoted in this context. While public expectations for police activities continue to grow, police have become increasingly passive. Voices calling for institutional improvements to reduce the legal enforcement burden on on-site police officers and to robustly protect public safety have gained momentum, accelerating the amendment of the Gyeongjik Act.

The 'Criminal Liability Reduction' Amendment to the Gyeongjik Act Passed by the Plenary Session

The amendment to the Gyeongjik Act, reflecting the police's earnest wish, passed the National Assembly plenary session on the 11th. The core of the amendment is to reduce or exempt criminal liability when damage occurs to others during police officers' crime response activities. However, it does not apply to all acts. It is limited to situations where "a crime is about to be committed or is being committed, and there is a clear and urgent risk of harm to another person's life or body." Specifically, this is limited to murder, injury/assault, rape, robbery, domestic violence, child abuse, and similar crimes.

When a crime occurs, police officers conduct suppression and prevention activities to prevent further victimization. Situations may arise where the perpetrator resists and confronts the police during arrest. The amendment allows for mitigation or exemption of punishment by considering that the police officer's duty performance was "inevitable, carried out within the minimum necessary scope, and without intent or gross negligence on the part of the officer" in such situations.

Initially, the National Assembly's Administrative and Security Committee, the committee in charge, approved an amendment without limiting the applicable crimes, but during the Legislative and Judiciary Committee's review, additional restrictions were added. To prevent infringement on citizens' fundamental rights at assemblies and demonstrations and to avoid strengthening or abuse of police authority, the scope of duties eligible for exemption was significantly reduced. This is interpreted as a compromise between civil society groups opposing the amendment and the bill's intent to guarantee strict law enforcement by police to protect citizens.

With the amendment passing the National Assembly, the police are highly encouraged. It is expected to enable police officers to make swift decisions and enforce the law actively, creating conditions to work more confidently to protect the public. The National Police Agency stated upon the amendment's passage, "We understand this legislation as a solemn command and a timely mission to protect the public more closely, safely, and comfortably."

New police officers are undergoing physical force response training at the Seoul Metropolitan Police Agency. [Photo by Yonhap News]

Strengthening Police On-Site Response Capabilities: Just the Beginning

The passage of this amendment is only the first step toward strengthening on-site response capabilities. It is difficult to see it as a fundamental solution to incidents like the Incheon inter-floor noise stabbing, where poor response initially surfaced. The police need to heed criticism that the essence of the Incheon incident lies in the police officers' sense of duty and qualifications. It is inexcusable that the officer left the scene in front of an assailant wielding a weapon, not because of fear of subsequent criminal liability but due to abandoning their post.

Nonetheless, the significance of the legal amendment lies in sending a message to on-site police officers to "protect the public with more confident law enforcement." Police officers dispatched to the scene are always under the threat of lawsuits. If they suffer mental and financial distress due to lawsuits despite performing their duties legitimately, any officer would inevitably become hesitant on the scene.

In fact, the National Police Agency introduced 'Police Legal Insurance' in June 2018 to support officers sued during legitimate official duties, and by October last year, a total of 159 cases had been supported. The Ministry of Personnel Management benchmarked this to introduce 'Public Official Liability Insurance' in 2020, which also supported 179 cases by October last year. Approximately 400 police officers are investigated and sued annually for duty-related incidents. The amendment's implementation is expected to significantly reduce this burden.

However, efforts are also needed to dispel lingering concerns about police authority abuse. The National Police Agency has promised education, training, and continuous management and supplementation. Internal education will be strengthened to firmly establish the amendment's intent within the police, and when actual cases arise, progress will be monitored and feedback provided. Manuals will be developed after gathering opinions from the legal and academic communities.

Alongside this, efforts to strengthen on-site response capabilities must continue. Previously, the police announced a 'Comprehensive Plan to Strengthen On-Site Response Capabilities,' preparing various improvements such as ▲protection of crime victims ▲foundation for active law enforcement ▲practical training ▲customized equipment for the field. Discussions on increasing police personnel and improving personnel management and treatment must also continue. The law's amendment does not solve everything. It is now time for the police, standing at the starting line of regaining public trust, to make sustained efforts.

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