Debate Over Police Strengthening Random Checks... "Greater Public Interest" vs "Violation of Basic Rights"

Police Consider Strengthening Effectiveness of Stop-and-Frisk Checks
Experts Divided on the Issue
Education Needed to Alleviate Concerns of Misuse
"No Evidence of Stop-and-Frisk Effectiveness" Criticism Also Raised

In response to a series of violent crimes, the police have proposed strengthening the effectiveness of random identity checks as a countermeasure.

On the 21st, the National Police Agency held a press conference and stated regarding plans to improve laws and systems to secure the effectiveness of random identity checks, "Under current law, police officers do not have coercive power during random identity checks, and even if officers are in uniform, they must present identification, which poses difficulties," adding, "We will consider measures such as relaxing the obligation for uniformed officers to present identification."

Police SWAT team patrolling in preparation for a weapon rampage
[Image provided by Yonhap News]

According to the Police Duties Execution Act, a random identity check refers to a police officer stopping and questioning a person who, based on suspicious behavior and surrounding circumstances, has reasonable grounds to be suspected of having committed or attempting to commit a crime, or is recognized to be aware of such facts. Police officers must present their identification, state their affiliation and name, and explain the purpose and reason for the questioning or accompaniment. In this case, officers can investigate whether the subject is carrying a weapon and may request accompaniment. However, if the subject expresses refusal, coercion is not possible.

Opinions among experts are divided regarding the proposal to strengthen the effectiveness of random identity checks as a measure against a series of knife attacks and murder threats. Lee Yun-ho, Chair Professor of Police Science at Korea Cyber University, said, "The benefit of securing public safety seems to outweigh the disadvantages," and added, "We should consider granting legal coercive power to police random identity checks." However, Park Chan-geol, Professor of Police Administration at Daegu Catholic University, expressed concerns, saying, "An investigation can only begin if there is suspicion of a crime, but random identity checks are a pre-investigation stage, so coercive power cannot be used," and "If police can stop anyone and open their bags, it could lead to violations of basic rights."

There were also opinions questioning the effectiveness of random identity checks themselves. Hwang Moon-kyu, Professor of Police Administration at Joongbu University, pointed out, "There is no statistical evidence such as the number of refusals or weapon detections during random identity checks," and said, "Discussing the need for strengthening without at least minimal statistics or evidence is out of order." He added, "Since the recent incidents cannot be attributed to the ineffectiveness of random identity checks, if we think critically, the sudden push to strengthen their effectiveness raises suspicions that this is an attempt to expand police authority through this opportunity."

A compromise proposal to strengthen the effectiveness of random identity checks limited to specific situations and locations was also suggested. Kwak Dae-kyung, Professor of Police Administration at Dongguk University, said, "This is a case where the principles of social safety and protection of basic rights collide," and added, "There could be an option to grant coercive power only to random identity checks based on information such as bomb threats or crime warnings, or in high-risk areas, depending on the characteristics of the situation and location."

However, even experts who support the need to strengthen random identity checks agreed on the necessity of education and training to dispel concerns about abuse of authority. Professor Lee emphasized, "Training on communication attitudes that minimize the risk of infringing on basic rights, the ability to find valid reasons for the checks, and the ability to reasonably persuade the subjects must precede any changes." Professor Kwak also said, "Sufficient communication education and training for police officers should accompany efforts to reduce subjects' resistance and encourage voluntary cooperation."

Furthermore, critical opinions predominated regarding the police’s plan to relax the identification presentation requirement for uniformed officers during random identity checks. Professor Lee pointed out, "Even in the United States, where public authority is considered strong, police officers exercise authority only after showing badges or similar identification, even if they are in uniform." Professor Kwak also explained, "Simply wearing police identification externally can reduce complaints from subjects and improve work efficiency. This is an area where a flexible approach is possible."

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