제1편 경찰학의 기초이론

제1장 경찰의 개념 _ 10

제1절 경찰개념의 형성 및 변천 ·······························10

1. 대륙법계 경찰개념(전통적 개념) ·························10

2. 영·미법계 경찰개념(현대적 개념) ·······················12

3. 대륙법계와 영·미법계 경찰개념의 비교 ···········13

4. 우리나라의 경찰개념의 형성 ····························13

제2절 형식적 의미의 경찰과 실질적 의미의 경찰 ·····14

1. 의의 ··································································14

2. 형식적 의미 경찰과 실질적 의미 경찰의 비교 ··15

제3절 경찰의 분류 ···················································16

1. 행정경찰과 사법경찰 ········································16

2. 보안경찰(치안경찰)과 협의의 행정경찰 ··············16

3. 예방경찰과 진압경찰 ········································17

4. 국가경찰과 자치경찰 ········································17

5. 평시경찰과 비상경찰 ········································18

6. 고등경찰과 보통경찰 ·······································18

7. 질서경찰과 봉사경찰 ········································18

제2장 경찰의 임무와 수단 _ 19

제1절 경찰의 임무 ···················································19

1. 실정법상 경찰의 임무 ······································19

2. 경찰의 사무 ······················································19

3. 경찰의 기본적 임무 ··········································20

제2절 경찰의 수단 ···················································25

1. 권력적 수단(명령과 강제 등) ································25

2. 비권력적 수단(서비스 지향적 수단) ·····················25

3. 범죄수사를 위한 수단 ······································25

제3장 경찰활동의 기초 및 경찰의 관할 _ 26

제1절 경찰활동의 기초(경찰권) ··································26

1. 협의의 경찰권 ···················································26

2. 수사권 ······························································27

제2절 경찰권과 관할 ···············································28

1. 사물관할 ···························································28

2. 인적관할 ·························································28

3. 지역관할 ··························································29

4. 경찰활동의 유형과 법적 성질 ··························31

제4장 경찰의 기본이념(가치) _ 32

제1절 민주주의 ·······················································32

1. 법적 근거 ··························································32

2. 경찰의 민주화를 위한 방안 ······························32

제2절 법치주의 ·······················································33

1. 의의 ··································································33

2. 법적 근거 ·························································33

제3절 인권존중주의 ················································34

1. 법적 근거 ··························································34

2. 인권보호의 중요성 ···········································34

3. 인권의 의의 및 특성 ········································34

4. 인권의 유형 ·····················································35

5. 국가인권위원회법 ············································36

6. 경찰 인권보호 규칙 ··········································37

7. 경찰관 인권행동강령 ········································42

제4절 정치적 중립주의 ············································43

1. 의의 ··································································43

2. 법적 근거 ·························································43

제5절 경영주의 ·······················································45

1. 의의 ··································································45

2. 법적 근거 ·························································45

3. 방안 ·································································45

제5장 경찰윤리 _ 46

제1절 서설 ······························································46

1. 경찰윤리확립의 필요성 ·····································46

2. 경찰윤리교육의 목적 ········································46

3. 경찰윤리확립을 위한 실천과제 ························47

4. 공동체생활에서의 법과 윤리 ····························47

제2절 바람직한 경찰의 역할모델과 전문직업화 ·······49

1. 바람직한 경찰의 역할모델 ································49

2. 경찰의 전문직업화 ···········································51

제3절 경찰의 일탈 ···················································52

1. 경찰인의 조직 내 사회화과정 ···························52

2. 시민들의 작은 호의에 대한 논의 ······················52

3. 경찰의 부정부패 ···············································53

제4절 경찰의 문화 ···················································57

1. 한국경찰문화의 특징 ········································57

2. 냉소주의의 문제와 극복 ···································57

제5절 경찰활동의 사상적 토대 및 경찰활동의 기준

(경찰인의 윤리표준) ············································59

1. 경찰활동의 사상적 토대(사회계약설) ··················59

2. 사회계약설로부터 도출되는 경찰활동의 사상적 기준

(Cohen & Feldberg) ············································60

제6절 경찰윤리강령 ················································62

1. 경찰윤리강령의 의의 ········································62

2. 경찰윤리강령의 기능 및 문제점 ·······················62

3. 우리나라 ··························································63

4. ｢경찰청 공무원 행동강령｣·······························64

5. ｢부정청탁 및 금품등 수수의 금지에 관한 법률｣

·······································································73

제6장 경찰의 적극행정 및 소극행정 _ 82

제1절 적극행정 ·······················································82

1. 적극행정의 의의 ···············································82

2. 적극행정의 근거 ···············································82

3. 적극행정의 판단기준(「적극행정 운영규정」) ·········83

4. 적극행정 대상과 범위 ······································83

5. 적극행정의 유형 ···············································83

제2절 적극행정의 면책 ············································84

1. 적극행정 면책제도의 도입배경 ·························84

2. 적극행정 면책제도 ···········································84

제3절 소극행정 ·······················································86

1. 소극행정의 의의 ···············································86

2. 소극행정의 유형 ···············································86

제7장 범죄의 원인과 예방 _ 87

제1절 범죄의 의의 ···················································87

1. 법률적 개념 ······················································87

2. 비법률적 개념 ··················································87

3. 법제정 및 집행상의 개념 ·································88

4. G. M. Sykes ·····················································88

제2절 범죄원인론 ····················································89

1. 범죄의 요소 ······················································89

2. 소질과 환경 ······················································89

3. 범죄원인에 관한 학설 ······································90

제3절 범죄통제론 ····················································94

1. 서설 ··································································94

2. 범죄예방이론 ···················································95

제8장 지역사회경찰활동 _ 100

제1절 서설 ····························································100

1. 의의 ································································100

2. J. Skolnick의 지역사회경찰활동의 기본요소 ··100

제2절 전통적인 경찰활동과 지역사회경찰활동의 비교

··································································101

제3절 지역사회 경찰활동의 주요 프로그램 ············102

1. 지역중심 경찰활동 ··········································102

2. 문제지향적 경찰활동 ······································102

3. 이웃지향적 경찰활동 ······································103

4. 전략지향적 경찰활동 ······································103

제4절 지역사회 경찰활동의 한계 ···························103

제5절 순찰 ····························································104

1. 순찰의 구분 ····················································104

2. 순찰의 기능 ····················································104

3. 순찰의 효과연구(미국) ·····································105



제2편 한국경찰의 역사와 제도

제1장 갑오개혁 이전의 경찰 _ 108

제1절 부족국가시대의 경찰제도 ····························108

1. 고조선 ·····························································108

2. 남북의 부족국가 ·············································109

제2절 삼국시대의 경찰제도 ···································110

1. 고구려 ·····························································110

2. 백제 ································································110

3. 신라 ·······························································111

제3절 통일신라시대의 경찰제도 ····························112

1. 경찰과 관계되는 조직 ·····································112

2. 9주(州) 5소경(小京) ··········································112

3. 해양경찰기능 ·················································112

4. 새로운 유형의 범죄등장 등 ····························112

제4절 고려시대의 경찰제도 ··································113

1. 경찰기관 ·························································113

2. 범죄의 다양화 ················································114

제5절 조선시대(갑오개혁 이전)의 경찰제도 ················115

1. 중앙경찰기관 ··················································115

2. 지방경찰기관 ··················································116

3. 포도청(捕盜廳) ·················································116

4. 기타 ·······························································116

제2장 갑오개혁부터 일제강점기 이전의 경찰 _ 117

제1절 갑오개혁과 근대경찰 ···································117

1. 전개과정 ·························································117

2. ｢경무청관제직장｣(警務廳官制職掌) ··················117

3. ｢행정경찰장정｣(行政警察章程) ·························118

4. 경찰고문관제도와 경찰체제의 정비 ···············118

제2절 광무개혁에 따른 경부 경찰체제의 출범과 좌절

··································································119

1. 경부경찰체제의 출범 ······································119

2. 이원적 체제 ····················································119

3. 경부경찰체제의 좌절 ······································119

제3절 한국 경찰권의 상실 ·····································120

1. 통감부 경무부 경찰체제의 출범 ······················120

2. 한국 경찰권의 상실 ········································120

제4절 갑오개혁부터 일제강점기 이전 경찰의 특징

··································································120

제3장 일제강점기 경찰시대 _ 121

제1절 개요 ····························································121

제2절 헌병경찰시대 ···············································122

1. 헌병경찰제도의 시행 ······································122

2. 헌병경찰의 임무 ·············································122

3. 헌병경찰과 보통경찰의 배치 ··························122

4. 헌병경찰제도를 뒷받침해 준 법령 ··················122

5. 종언 ·······························································122

제3절 보통경찰시대 ···············································123

제4절 식민지시대 경찰의 특징 ·······························123

제4장 임시정부와 경찰 _ 124

제1절 개요 ····························································124

제2절 임시정부경찰 역할 ·······································124

제3절 임시정부경찰 조직 ·······································125

1. 상해임시정부 시기(1919~1932) ·························125

2. 이동 시기 ·······················································126

3. 충칭(중경) 시기(1940~1945) ······························126

제4절 임시정부경찰의 주요인물 ····························127

제5절 임시정부경찰의 특징 ···································127

제5장 미군정시기 경찰 _ 128

제1절 개요 ····························································128

제2절 미군정시기 경찰조직과 제도정비 ·················128

1. 미군정시기 경찰조직 ······································128

2. 경찰제도정비 ··················································129

제3절 제주 4·3사건과 문형순 서장 ······················130

제4절 미군정하의 경찰의 특징 ·······························130

제6장 1948년 정부수립 이후 1991년 ｢경찰법｣

제정 이전 경찰 _ 131

제1절 서설 ····························································131

제2절 1948년 정부수립과 경찰(제1공화국) ·················131

1. 중앙경찰조직 ··················································131

2. 지방경찰조직(시·도 경찰국) ······························132

3. 보도연맹사건 ·················································132

4. 6.25전쟁과 경찰 ·············································132

5. 4.19혁명과 경찰 ··············································133

제3절 제2공화국 이후 경찰 ···································134

1. 제2공화국과 경찰 ···········································134

2. 제3공화국(5.16군부 포함)과 경찰 ······················134

3. 제4공화국과 경찰 ···········································134

4. 제5공화국과 경찰 ···········································135

제4절 정부수립 이후 1991년 이전의 경찰 특징 ·······135

제7장 ｢경찰법｣제정(1991년) 이후 경찰 _ 136

제1절 ｢경찰법｣제정의 의의 ··································136

제2절 조직정비 ······················································136

제3절 「국가경찰과 자치경찰의 조직 및 운영에 관한

법률」 제정(2020년) ········································137

제8장 한국경찰사에 길이 빛날 경찰의 표상 _ 138



제3편 비교경찰론

제1장 영국의 경찰 _ 142

제1절 영국경찰의 역사 ··········································142

1. 고대경찰 ·························································142

2. 중세경찰 ·························································142

3. 근대경찰 ························································143

4. 현대경찰 ························································144

제2절 경찰조직 및 제도 ·········································145

1. 개요 ································································145

2. 내무부 ····························································145

3. 잉글랜드·웨일즈 ············································146

4. 스코틀랜드·북아일랜드 ··································147

제3절 수사권 ·························································148

제2장 미국의 경찰 _ 149

제1절 미국경찰의 역사 ··········································149

1. 독립이전 ·························································149

2. 근대경찰의 창설 ·············································149

3. 경찰의 개혁 ····················································150

제2절 경찰조직 및 제도 ·········································151

1. 개요 ································································151

2. 연방법집행기관 ··············································151

3. 주(州)경찰 ·······················································153

4. 지방경찰 : 미국 경찰의 중추적 기능을 담당 ·· 153

제3절 경찰의 수사권 ·············································154

제3장 독일의 경찰 _ 155

제1절 독일경찰의 역사 ··········································155

제2절 독일의 경찰조직 및 제도 ·····························156

1. 개요 ································································156

2. 연방기관 ·························································156

3. 주경찰 ····························································157

제3절 경찰의 수사 ·················································157

제4장 프랑스의 경찰 _ 158

제1절 프랑스 경찰의 역사 ·····································158

제2절 프랑스 경찰조직과 제도 ·······························158

1. 특징 ································································158

2. 국가경찰 ·························································159

3. 자치경찰 ························································160

4. 국가경찰과 자치경찰의 관계 ··························160

제3절 경찰의 수사 등 ············································160

제5장 일본의 경찰 _ 161

제1절 일본경찰의 역사 ··········································161

1. 메이지유신(1868년) 이전 ··································161

2. 메이지유신 ~ 미군정이전(1945년) ··················161

3. 미군정시기 ·····················································161

4. 경찰법 제정 ····················································162

제2절 일본경찰의 조직 및 제도 ·····························163

1. 개관 ································································163

2. 일본경찰 조직체계 ·········································163

3. 공안위원회(경찰의 관리기관) ····························164

제3절 수사권 ·························································165

제6장 중국의 경찰 _ 166

제1절 중국경찰의 제도 ··········································166

1. 특징 ································································166

2. 경찰조직 ·························································166

제2절 수사권 ·························································167



제4편 경찰행정법

제1장 경찰행정법 총칙 _ 170

제1절 경찰과 법치행정 ··········································170

1. 법치행정(법률에 의한 행정의 원리)의 의의 ·····170

2. 법치행정(법치주의)의 내용(O. Mayer) ············170

제2절 경찰행정법의 법원 ·······································172

1. 의의 ································································172

2. 경찰법원의 종류 ·············································172

제3절 행정법의 효력 ·············································179

1. 법령등 시행일의 기간 계산 ·····························179

2. 시간적 효력 ····················································179

제4절 행정상 법률관계 ··········································181

1. 행정상 법률관계의 개관 ··································181

2. 행정주체 ·························································181

3. 개인적 공권 ····················································182

4. 특별권력관계(특별행정법관계) ·······················186

5. 특별행정법관계의 내용 및 특색 ·····················187

6. 행정에 관한 기간의 계산 ·······························187

제2장 경찰조직법 _ 188

제1절 경찰조직법 일반 ··········································188

1. 경찰조직법 개설 ·············································188

2. 경찰행정기관 ··················································189

제2절 경찰행정기관 ···············································190

1. 국가경찰위원회 ···············································190

2. 경찰청장 ·························································192

3. 국가수사본부장 ··············································195

4. 시·도자치경찰위원회 ·····································196

5. 시·도경찰청장 및 경찰서장 ····························202

제3절 경찰행정관청 상호간의 관계 ························207

1. 개관 ································································207

2. 훈령권 ····························································207

3. 경찰관청 권한의 대리·위임 및 대결·위임전결 ··210

제3장 경찰공무원법 _ 216

제1절 개설 ····························································216

1. 경찰공무원의 의의 ··········································216

2. ｢국가공무원법｣과 ｢경찰공무원법｣의 관계 ···· 216

제2절 경찰공무원의 분류 ·······································217

1. 서설 ································································217

2. 계급 ································································217

3. 경과(警科) ······················································217

제3절 경찰공무원관계 ···········································220

1. 경찰공무원관계의 성질 ···································220

2. 임용권자 ·························································220

3. 경찰공무원인사위원회 ···································221

4. 경찰공무원관계의 변동 ··································222

제4절 경찰공무원의 권리와 의무 ···························238

1. 개관 ································································238

2. 경찰공무원의 권리 ·········································239

3. 경찰공무원의 의무 ·········································242

제5절 경찰공무원의 책임 ·······································249

1. 의의 ································································249

2. 징계책임 ·························································249

3. 변상책임 ························································262

4. 민·형사책임 ···················································262

제4장 경찰공무원의 권익보장 _ 263

1. 처분사유 설명서의 교부 ··································263

2. 고충심사 ·························································263

3. 소청 ·······························································266

제5장 행정(경찰)작용법 _ 271

제1절 서설 ····························································271

1. 경찰작용법의 의의 ··········································271

2. 경찰권발동의 근거와 한계 ·····························271

제2절 행정입법 ······················································277

1. 행정입법의 의의 ·············································277

2. 법규명령 ·························································277

3. 행정규칙 ························································281

4. 법규명령형식의 행정규칙과 행정규칙형식의

법규명령 ························································282

제3절 행정행위(행정처분) ······································284

1. 서설 ································································284

2. 행정행위의 개념적 요소 ·································284

3. 행정행위의 분류 ·············································285

4. 처분시 법 적용의 기준 ···································287

5. 제재처분 ························································287

6. 자동적 처분 ····················································287

7. 행정행위의 내용 ·············································288

8. 행정행위의 부관 ·············································294

9. 행정행위의 성립요건과 효력요건 ···················298

10. 행정행위의 효력 ···········································298

11. 행정행위의 하자 ············································302

12. 행정행위의 철회 ···········································307

13. 행정행위의 실효 ···········································308

제4절 그 밖의 행정작용 ·········································309

1. 확약 ································································309

2. 공법상 계약 ····················································309

3. 행정상 사실행위 ·············································310

4. 행정지도 ························································311

5. 행정계획 ························································312

제5절 ｢경찰관 직무집행법｣··································321

1. 서설 ································································321

2. ｢경찰관 직무집행법｣의 목적 및 직무의 범위 ···322

3. 불심검문 ························································323

4. 보호조치 ························································326

5. 위험발생의 방지조치 ······································328

6. 범죄의 예방과 제지 ········································330

7. 위험방지를 위한 출입 ·····································330

8. 사실의 조회·확인 및 출석요구 ·······················332

9. 정보의 수집 등 ···············································333

10. 국제협력 ·······················································334

11. 유치장 ···························································334

12. 경찰장비의 사용 ···········································334

13. 경찰장구의 사용 ···········································335

14. 분사기 및 최루탄의 사용 ······························335

15. 무기의 사용 ··················································336

16. 사용기록 보관 ···············································338

17. 손실보상 ·······················································339

18. 범인검거 등 공로자 보상 ······························341

19. 소송지원 ·······················································343

20. 직무수행으로 인한 형의 감면 ·······················343

21. 벌칙 ······························································343

제6절 ｢위해성 경찰장비의 사용기준 등에 관한 규정｣344

제7절 행정절차법 ··················································357

1. 서설 ································································357

2. 총칙 ································································357

3. 처분 ·······························································359

4. 신고, 확약 및 위반사실 등의 공표 등 ·············363

5. 행정상 입법예고 ·············································365

6. 행정예고 ························································365

7. 행정지도 ·························································366

제8절 ｢공공기관의 정보공개에 관한 법률｣과

「개인정보보호법」········································367

1. ｢공공기관의 정보공개에 관한 법률｣···············367

2. 「개인정보 보호법」·········································373

제6장 행정의 실효성 확보수단 _ 375

제1절 개관 ····························································375

제2절 행정강제 ······················································376

1. 의의 ································································376

2. 행정상 강제집행 ·············································376

3. 행정상 즉시강제 ·············································380

제3절 행정벌 ·························································384

1. 의의 ································································384

2. 행정형벌 ·························································385

3. 경찰질서벌 ·····················································388

제4절 새로운 의무이행확보수단 ····························392

1. 과징금 ·····························································392

2. 위반사실등의 공표 ·········································393

제7장 행정구제법 _ 394

제1절 행정상 손해배상(국가배상) ·····························394

1. 개설 ································································394

2. 공무원의 위법한 직무행위로 인한 손해배상 ·· 394

3. 영조물의 설치·관리상의 하자로 인한 손해배상

·····································································398

4. 배상청구절차 ·················································399

제2절 손실보상 ······················································400

1. 의의 ································································400

2. 손실보상의 근거 ·············································400

3. 손실보상의 요건 ·············································400

4. 손실보상의 기준 - 정당한 보상 ·····················400

제3절 행정심판 ······················································401

1. 행정심판의 의의 ·············································401

2. 「행정심판법」상의 행정심판의 종류 ················401

3. 특별행정심판 등 ·············································401

4. 행정심판의 대상 ·············································401

5. 행정심판기관－행정심판위원회 ·····················402

6. 행정심판의 당사자 ·········································402

7. 행정심판청구 ··················································403

8. 행정심판청구의 효과 ······································404

9. 행정심판의 심리 및 재결 ·······························405

제4절 행정소송 ······················································407

1. 의의 ································································407

2. 행정소송의 종류 ·············································407

3. 취소소송 ························································407

4. 무효등확인소송 ··············································409

5. 부작위위법확인소송 ·······································410

6. 당사자소송 ·····················································410

7. 객관적 소송 ····················································410



제5편 경찰행정학

제1장 경찰관리일반론 _ 414

제1절 경찰관리의 의의 ·························414

제2절 경찰관리자 ······························414

1. 의의 ··································414

2. 관리자의 유형 ··························414

제3절 경찰기획과 정책결정 ·····················415

1. 경찰기획 ·······························415

2. 정책결정 ······························415

제2장 경찰조직관리 _ 416

제1절 경찰조직상의 이념 ·······················416

제2절 관료제 ··································416

1. 이념형 관료제의 구조적 특성(M. Weber) ····· 416

2. 관료제의 문제점(Robert K. Merton) ··········417

제3절 경찰조직의 편성원리 ·····················418

1. 계층제의 원리 ··························418

2. 통솔범위의 원리 ························418

3. 명령통일의 원리 ························419

4. 분업의 원리 ····························420

5. 조정과 통합의 원리 ·····················420

제4절 경찰조직관리이론 ························422

1. 동기부여이론 ···························422

2. 목표에 의한 관리(MBO：Management By Objective)

······································426

3. 총체적 품질관리(Total Quality Management) ····426

제5절 경찰개혁 ································427

1. 행정개혁 ·······························427

2. 개혁에 대한 저항과 극복방안 ·············427

제3장 경찰인사관리 _ 428

제1절 의의 및 목적 ·····························428

1. 의의 ··································428

2. 인사관리의 목적 ························428

제2절 인사행정의 2대원칙(엽관주의·실적주의) ·······428

1. 의의 ··································428

2. 장·단점 ·······························429

3. 양자의 조화 ····························429

제3절 직업공무원제도 ··························430

1. 의의 ··································430

2. 특징 ··································430

3. 직업공무원제도 확립요건 ·················430

4. 직업공무원제도의 장단점 ·················430

제4절 공직의 분류 ·····························431

1. 계급제와 직위분류제의 의의 및 특징 ·······431

2. 계급제와 직위분류제의 비교 ·············431

3. 우리나라의 계급제와 직위분류제 ··········432

제5절 근무성적평정 ····························432

1. 의의 ··································432

2. 내용 ··································432

3. 관련법령 ······························433

제6절 다면평가제 ······························434

1. 의의 ··································434

2. 다면평가제의 장·단점 ···················434

3. 다면평가제 단점의 극복방안 ··············434

제4장 경찰예산관리 _ 435

제1절 예산의 의의 ·····························435

제2절 경찰예산분류 ····························435

1. 일반회계·특별회계 ······················435

2. 예산성립 과정을 기준으로 한 분류 ·········436

제3절 예산제도 ································436

1. 품목별예산(LIBS：Line Item Budget System) ····· 436

2. 성과주의예산(PBS：Performance Budget System) 437

3. 계획예산제도(PPBS：Planning Programming

Budgeting System) ························437

4. 영기준예산(ZBB：Zero-Base Budget System)

······································437

제4절 예산의 과정 ·····························438

1. 예산의 편성 ···························438

2. 국회의 심의·의결 ·······················439

3. 예산의 집행 ····························439

4. 예산의 결산 ····························441

제5장 기타관리 _ 442

제1절 물품관리 - ｢물품관리법｣·················442

제2절 장비관리 ································443

1. 장비관리의 목표 ························443

2. 무기 및 탄약관리(경찰장비관리규칙) ·········443

3. 차량관리(경찰장비관리규칙) ················445

제3절 보안관리 ································446

1. 보안의 의의 ····························446

2. 보안의 대상 ···························447

3. 문서 및 자재보안 ·······················447

제4절 문서관리 ································455

1. 「행정효율과 협업 촉진에 관한 규정」상 용어정의

·····································455

2. 「행정효율과 협업 촉진에 관한 규정」상 공문서의

종류 ·································455

3. 「행정효율과 협업 촉진에 관한 규정」상 문서의

성립 및 효력 발생 ······················455

4. 「행정효율과 협업 촉진에 관한 규정」상 문서작성의

일반원칙 ······························456

5. 「행정효율과 협업 촉진에 관한 규정」 및

「행정효율과 협업 촉진에 관한 규정시행규칙」상

문서의 기안 ···························456

6. 「행정효율과 협업 촉진에 관한 규정」 및

「행정효율과 협업 촉진에 관한 규정시행규칙」상

문서의 결재 ···························457

제6장 경찰홍보 _ 458

제1절 경찰홍보의 의의 ·························458

제2절 경찰홍보의 전략 ·························458

제3절 경찰홍보의 유형 ·························459

1. 협의의 홍보(Public Relations：PR) ···········459

2. 지역공동체 관계(Community Relations：CR) ····459

3. 언론 관계(Press Relations) ·················459

4. 대중매체 관계(Media Relations) ·············459

5. 기업 이미지식 경찰홍보 ··················460

제4절 언론중재 및 피해구제 등에 관한 법률 ······461

1. 정의(법 제2조) ···························461

2. 언론중재위원회(법 제7조) ·················461

3. 정정보도청구권 ·························462

4. 반론보도청구권 ·························463

5. 추후보도청구권 ·························463

6. 조정 ··································464

7. 중재 ·································465

8. 소송 ··································465

제7장 경찰통제 _ 466

제1절 경찰통제의 일반론 ·······················466

1. 경찰통제의 의의 및 필요성 ················466

2. 경찰통제의 기본요소 ····················467

3. 통제의 유형 및 장지 ····················468

제2절 경찰감찰 및 경찰행정감사와 경찰통제 ······470

1. 경찰 감찰 규칙(경찰청훈령) ················470

2. 경찰청 감사 규칙(경찰청훈령) ··············476



제6편 분야별 경찰활동

제1장 생활안전경찰 _ 482

제1절 생활안전경찰의 의의 ·····················482

제2절 지역경찰활동 ····························482

1. 지역경찰의 의의 ························482

2. 「지역경찰조직 및 운영에 관한 규칙」(경찰청훈령)

·····································482

3. 경비업법 ······························487

제3절 생활질서업무 ····························490

1. 의의 ··································490

2. 풍속사범의 단속 ························490

3. 기초질서위반사범의 단속 - 「경범죄처벌법」 498

4. 총포·도검·화약류 단속 - 「총포·도검·화약류 등의

안전관리에 관한 법률」··················503

5. 유실물관리 - 「유실물법」·················506

제4절 청소년 및 여성보호 ·······················508

1. ｢청소년 보호법｣························508

2. 「아동·청소년의 성보호에 관한 법률」·······512

3. 「실종아동 등의 보호 및 지원에 관한 법률」··· 523

4. 「실종아동등 및 가출인 업무처리 규칙」 ·····526

제2장 수사경찰 _ 533

제1절 수사기관 ································533

1. 수사기관의 종류 ························533

2. 검사와 사법경찰의 관계 ··················534

제2절 성폭력사건 수사 - ｢성폭력범죄의 처벌 등에 관한

특례법｣································538

1. 규제내용 ·······························538

2. 형벌과 수강명령 등의 병과(법 제16조) ·······538

3. 고소(법 제18조) ··························539

4. 「형법」상 감경규정에 관한 특례(법 제20조) ···539

5. 공소시효(법 제21조) ······················539

6. 피의자의 얼굴 등 공개(법 제25조) ··········539

7. 성폭력범죄의 피해자에 대한 전담조사제(법 제26조)

·····································539

8. 성폭력범죄 피해자에 대한 변호사 선임의 특례

(법 제27조) ·····························540

9. 수사 및 재판절차에서의 배려(법 제29조) ·····540

10. 영상물의 촬영·보존(법 제30조) ············540

11. 심리의 비공개(법 제31조) ··················541

12. 전문가의 의견 조회(법 제33조) ·············541

13. 신뢰관계 있는 자 등의 동석(법 제34조) ····· 541

14. 진술조력인의 수사과정 참여 (법 제36조) ···· 542

15. 증거보전의 특례(법 제41조) ···············542

16. 신상정보 등록 ·························542

제3절 가정폭력범죄－｢가정폭력범죄의 처벌 등에 관한

특례법」·································544

1. 총칙 ··································544

2. 신고(법 제4조) ···························545

3. 가정폭력범죄에 대한 응급조치(법 제5조) ····545

4. 고소에 관한 특례(법 제6조) ················545

5. 사법경찰관의 사건송치(법 제7조) ···········546

6. 임시조치의 청구 등(법 제8조) ·············546

7. 긴급임시조치(법 제8조의2) ·················546

8. 긴급임시조치와 임시조치의 청구(법 제8조의3) 547

9. 가정보호사건의 처리(법 제9조) ············547

10. 임시조치(법 제29조) ·····················547

11. 가정폭력범죄의 공소시효(법 제17조) ········547

제4절 아동학대 - 「아동학대범죄의 처벌등에 관한 특례법」

·······································548

제5절 스토킹범죄 - 「스토킹범죄의 처벌 등에 관한 법률」

·······································552

제6절 「학교폭력예방 및 대책에 관한 법률」·······556

제7절 마약류사범단속 - 「마약류 관리에 관한 법률」

·······································557

1. 마약류 개관 ····························557

2. 「마약류 관리에 관한 법률」상 ‘마약’ ········557

3. 「마약류 관리에 관한 법률」상 ‘대마’ ········558

4. 「마약류 관리에 관한 법률」상 ‘향정신성의약품’

·····································558

제8절 범죄피해자 보호법 ·······················559

제3장 경비경찰 _ 561

제1절 경비경찰일반 ····························561

1. 경비경찰의 의의 ························561

2. 경비경찰의 대상 ·······················561

3. 경비경찰 활동의 특성 ···················562

4. 경비경찰의 조직 및 임무 ·················562

제2절 행사안전경비(혼잡경비) ····················564

1. 의의 ··································564

2. 「경비업법 시행령」 제30조 ················564

3. 「공연법」 및 「공연법 시행령」·············564

4. 군중정리의 원칙 ·······················564

제3절 선거경비 ································565

1. 비상근무 ······························565

2. 선거기간 및 선거일 ·····················565

3. 선거운동 ······························565

4. 후보자 신변보호 ························565

5. 투표소 경비 ····························566

6. 개표소 경비 ····························566

제4절 재난경비 ································567

1. 개념 ··································567

2. 「재난 및 안전관리 기본법」상 재난관리체계

(예방 - 대비 - 대응 - 복구) ···············567

3. 「재난 및 안전관리 기본법」···············569

제5절 국가중요시설경비 ·······················573

1. 국가중요시설의 의의 ····················573

2. 국가중요시설의 분류 ····················573

3. 국가중요시설의 경비·보안 및 방호(통합방위법 제21조)

·····································573

제6절 다중범죄진압경비 - 치안경비 ·············574

1. 의의 ··································574

2. 다중범죄의 특성 ·······················574

3. 다중범죄의 정책적 치료법(다중범죄진압의 궁극적인

대책으로 가장 효과적이고 바람직) ············574

4. 다중범죄 진압활동 ······················575

제7절 경호경비 ································576

1. 의의 ··································576

2. 경호대상 ······························576

3. 경호경비의 4대 원칙 ····················576

4. 행사장 경호 ···························577

제8절 대테러경비 ······························578

1. 테러의 의의 ····························578

2. 「테러취약시설 안전활동에 관한 규칙」(경찰청훈령)

·····································578

3. 「국민보호와 공공안전을 위한 테러방지법」·· 579

4. 각국의 대테러 부대 ·····················581

5. 인질사건발생시 나타날 수 있는 현상 ······582

제9절 경찰작전 ································582

1. 의의 ··································582

2. 「통합방위법」···························582

3. 경찰비상업무규칙(경찰청 훈령) ·············585

제10절 청원경찰 ·······························589

1. 의의 ··································589

2. 직무 ··································589

3. 청원경찰의 배치 및 임용 ·················589

4. 징계 ··································590

5. 제복 착용과 무기 휴대 ···················590

6. 감독 ··································591

7. 쟁의행위의 금지(법 제9조의4) ··············591

8. 직권남용 금지 ··························591

9. 청원경찰의 불법행위에 대한 배상책임 ······591

10. 면직 ·································591

11. 배치의