주제어 : 전투경찰, 전경, 의경, 전환복무, 영창

<Abstract>

Some Legal Problems of the Riot Police

Song, Ki-Choon

Professor, Chonbuk National Univ.

This article aims to insist on the necessity of the abolition of the riot police which is composed of the youths who serve in the Army. The riot police was established in 1970 to suppress the anti-government rally. Even though the purpose of the riot police is to search and arrest the spy, its main operation was the suppression of the rally. The riot police has been criticized of the violent manner of the suppression. The commissioner general of the National Police Agency resigned taking responsibility for the recent deaths of two farmers who sustained fatal injuries from riot police during a rally against wider rice market opening in Seoul last year.

Article 77 of the Korean Constitutional Law provides that “When it is required to cope with a military necessity or to maintain the public safety and order by mobilization of the military forces in time of war, armed conflict or similar national emergency, the President may proclaim martial law under the conditions as prescribed by Act.” But the riot police maintains the public safety by military forces in the time of peace. The members of the riot police are paid poorly compared with the heavy duty. The human rights of the members of the riot police are not be protected properly. To protect the human rights, the riot police composed of the soldiers should be abolished.

Key words : Riot Police, Human Rights, Detention.