ScholarWorks@경상국립대학교

초록

Police often have to identify the target due to the nature of their work. However, as criminal and legal procedures have been emphasized in recent years, more and more people have refused to identify themselves on the job, which is subject to consent from on-site police officers. However, police officers do not have the authority to force them if they refuse to identify or present their identification cards. Therefore, there is a possibility that the target will be kept and arrested until he or she commits an act equivalent to the current criminal's arrest, or that he or she will be arrested for other reasons than the original purpose of identifying the suspect. As a result, it is highly likely to violate citizens' human rights as well as disputes over the investigation. Therefore, Korea needs to come up with regulations that force identification, such as the United States, France and Germany. In addition, compulsory regulations are required to force fingerprinting when not cooperating with identification. It is also necessary to establish a basis for detention at police stations for a period of time to confirm whether the personal information given by the subject is true or not. The subjects of identification shall be able to perform identification measures through inspection of belongings or fingerprint verification when the person who has committed or intends to commit a crime, including administrative fines, is unable to identify the person on the street with the consent of the other party. As to the extent of identification, it is not necessary to present an identification card, and should include it to the extent that it gives you a place of residence or a job or contact number. And enforcement should be allowed to hold them at police stations for a period of time when it is necessary to confirm whether the information given is true. If the other party fails to present an ID card or it is difficult to confirm a residence, workplace, or contact information, it is also necessary to prepare a direct regulation by fingerprinting for quick identification. Currently, on-site police officers rely on individual competence and arbitrary judgment in the blind spot of the law to demand voluntary accompaniment and identify themselves in a social atmosphere that emphasizes procedural legitimacy. Therefore, related laws and regulations should be enacted so that police officers can fairly identify the other party without being embroiled in a dispute over illegality in verifying the identity of the other party for the enforcement of the law.

키워드