<목 차>

제 1 편 | 경찰학의 기초이론

제1장 경찰의 개념 ·············································18

제1절 경찰개념의 형성 및 변천 ······································18

1. 대륙법계 경찰개념(전통적 개념) ···································18

2. 영·미법계 경찰개념(현대적 개념) ··································21

3. 대륙법계와 영·미법계 경찰개념의 비교 ······················21

4. 우리나라의 경찰개념의 형성 ·····································22

제2절 형식적 의미의 경찰과 실질적 의미의 경찰 ··············23

1. 의의 ········································································23

2. 형식적 의미 경찰과 실질적 의미 경찰의 비교 ··············24

제3절 경찰의 분류 ························································26

1. 행정경찰과 사법경찰 ················································26

2. 보안경찰(치안경찰)과 협의의 행정경찰 ·························27

3. 예방경찰과 진압경찰 ················································27

4. 국가경찰과 자치경찰 ················································28

5. 평시경찰과 비상경찰 ················································29

6. 고등경찰과 보통경찰 ················································29

7. 질서경찰과 봉사경찰 ················································29

제4절 경찰행정의 특수성 ···············································30

제2장 경찰의 임무와 수단 ··································31

제1절 경찰의 임무 ························································31

1. 실정법상 경찰의 임무 ···············································31

2. 경찰의 사무 ·····························································32

3. 경찰의 기본적 임무 ··················································34

제2절 경찰의 수단 ························································41

1. 권력적 수단(명령과 강제 등) ·········································41

2. 비권력적 수단(서비스 지향적 수단) ·································41

3. 범죄수사를 위한 수단 ···············································41

제3장 경찰활동의 기초 및 경찰의 관할 ··············42

제1절 경찰활동의 기초(경찰권) ······································42

1. 협의의 경찰권 ··························································42

2. 수사권 ····································································43

제2절 경찰권과 관할 ·····················································44

1. 사물관할 ·································································44

2. 인적관할 ································································44

3. 지역관할 ·································································45

제4장 경찰의 기본이념(가치) ·····························48

제1절 민주주의 ·····························································48

1. 법적 근거 ································································48

2. 경찰의 민주화를 위한 방안 ········································48

제2절 법치주의 ·····························································49

1. 의의 ········································································49

2. 법적 근거 ································································49

제3절 인권존중주의 ······················································50

1. 법적 근거 ································································50

2. 인권보호의 중요성 ···················································50

3. 인권의 의의 및 특성 ·················································50

4. 인권의 유형 ·····························································51

5. 「국가인권위원회법」·················································52

6. 「경찰 인권보호 규칙」···············································53

7. 「경찰관 인권행동강령」·············································61

제4절 정치적 중립주의 ··················································62

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

2. 법적 근거 ································································62

제5절 경영주의 ·····························································64

1. 의의 ········································································64

2. 법적 근거 ································································64

3. 방안 ········································································64

제5장 경찰윤리 ··················································65

제1절 서설 ···································································65

1. 경찰윤리확립의 필요성(J. Kleinig：클라이니히) ···············65

2. 경찰윤리교육의 목적(J. Kleinig：클라이니히) ··················65

3. 경찰윤리확립을 위한 실천과제 ··································66

4. 공동체생활에서의 법과 윤리 ·····································66

제2절 바람직한 경찰의 역할모델과 전문직업화 ················68

1. 바람직한 경찰의 역할모델 ·········································68

2. 경찰의 전문직업화 ···················································70

제3절 경찰의 일탈 ························································71

1. 경찰인의 조직 내 사회화과정 ····································71

2. 시민들의 작은 호의에 대한 논의 ································71

3. 경찰의 부정부패 ·······················································72

제4절 경찰의 문화 ························································76

1. 한국경찰문화의 특징 ················································76

2. 냉소주의의 문제와 극복 ···········································76

제5절 경찰활동의 사상적 토대 및 경찰활동의 기준(경찰인의 윤리표준) ··························78

1. 경찰활동의 사상적 토대(사회계약설) ·····························78

2. 사회계약설로부터 도출되는 경찰활동의 사상적 기준(Cohen & Feldberg) ··················79

제6절 경찰윤리강령 ······················································81

1. 경찰윤리강령의 의의 ················································81

2. 경찰윤리강령의 기능 및 문제점 ·································81

3. 우리나라 ·································································82

4. 「경찰청 공무원 행동강령」(경찰청훈령) ·························83

5. 「부정청탁 및 금품등 수수의 금지에 관한 법률」(약칭：청탁금지법) ··························90

6. 「공직자의 이해충돌 방지법」(약칭：이해충돌방지법) ·······100

제6장 경찰의 적극행정 및 소극행정 ·················110

제1절 적극행정 ···························································110

1. 적극행정의 의의 ····················································110

2. 적극행정의 근거 ····················································110

3. 적극행정의 판단기준(「적극행정 운영규정」····················111

4. 적극행정 운영규정(대통령령) ·····································112

5. ｢경찰청 적극행정 면책제도 운영규정｣·····················114

제2절 소극행정 ···························································117

1. 소극행정의 의의 - 「적극행정 운영규정」··················117

2. 소극행정의 유형 ····················································117

제7장 범죄의 원인과 예방 ································118

제1절 범죄의 의의 ······················································118

1. 법률적 개념 ···························································118

2. 비법률적 개념 ························································118

3. 법제정 및 집행상의 개념 ·········································119

4. G. M. Sykes ························································119

제2절 범죄원인론 ·······················································120

1. 범죄의 요소 ···························································120

2. 소질과 환경 ···························································120

3. 범죄원인에 관한 학설 ·············································121

제3절 범죄통제론 ·······················································125

1. 서설 ······································································125

2. 범죄예방이론 ·························································126

제8장 지역사회경찰활동 ··································131

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

1. 의의 ······································································131

2. J. Skolnick의 지역사회경찰활동의 기본요소 ··········· 131

제2절 전통적인 경찰활동과 지역사회경찰활동의 비교(M.K.Sparrow) ····························132

제3절 지역사회 경찰활동의 주요 프로그램 ····················133

1. 지역중심 경찰활동(Community–riented Policing) ····· 133

2. 문제지향적 경찰활동(Problem-oriented Policing) ········ 133

3. 이웃지향적 경찰활동(Neighorhood-oriented Policing) ·· 134

4. 전략지향적 경찰활동(Strategy-Oriented Policing) ········135

제4절 지역사회 경찰활동의 한계 ··································136

제5절 순찰 ·································································136

1. 순찰의 구분 ···························································136

2. 순찰의 기능 ···························································137

3. 순찰의 효과연구(미국) ·············································137

제 2 편 | 한국경찰의 역사와 제도

제1장 갑오개혁 이전의 경찰 ····························140

제1절 부족국가시대의 경찰제도 ···································140

1. 고조선 ··································································140

2. 남북의 부족국가 ····················································140

제2절 삼국시대의 경찰제도 ·········································141

1. 고구려 ··································································141

2. 백제 ······································································141

3. 신라 ······································································141

제3절 통일신라시대의 경찰제도 ···································141

1. 경찰과 관계되는 조직 ·············································141

2. 9주(州) 5소경(小京) ·················································141

3. 새로운 유형의 범죄등장 등 ······································141

제4절 고려시대의 경찰제도 ·········································142

1. 경찰기관 ·······························································142

제5절 조선시대(갑오개혁 이전)의 경찰제도 ···················143

1. 중앙경찰기관 ·························································143

2. 지방경찰기관 ·························································143

3. 포도청(捕盜廳) ·······················································143

제2장 갑오개혁부터 일제강점기 이전의 경찰 ···144

제1절 갑오개혁과 근대경찰 ·········································144

1. 전개과정 ·······························································144

2. 「경무청관제직장」(警務廳官制職掌) ·····························144

3. 「행정경찰장정」(行政警察章程) ···································145

4. 경찰고문관제도와 경찰체제의 정비 ··························145

제2절 광무개혁(1897)에 따른 경부(警部) 경찰체제의 출범과좌절 ····························146

1. 경부경찰체제의 출범 ··············································146

2. 이원적 체제 ···························································146

3. 경부경찰체제의 좌절 ··············································146

제3절 한국 경찰권의 상실 ············································147

1. 통감부 경무부 경찰체제의 출범 ·······························147

2. 경시청체제의 출범 ·················································147

3. 한국 경찰권의 상실 ················································147

제4절 갑오개혁부터 일제강점기 이전 경찰의 특징 ········· 147

제3장 일제강점기 경찰시대 ·····························148

제1절 개요 ·································································148

제2절 헌병경찰시대 ····················································149

1. 헌병경찰제도의 시행 ··············································149

2. 헌병경찰의 임무 ····················································149

3. 헌병경찰과 보통경찰의 배치 ···································149

4. 헌병경찰제도를 뒷받침해 준 법령 ····························149

5. 종언 ······································································149

제3절 보통경찰시대 ····················································150

제4절 식민지시대 경찰의 특징 ·····································150

제4장 임시정부와 경찰 ····································151

제1절 개요 ·································································151

제2절 임시정부경찰 역할 ·············································151

제3절 임시정부경찰 조직 ·············································152

1. 상해임시정부 시기(1919~1932) ································152

2. 이동 시기 ······························································153

3. 충칭(중경) 시기(1940~1945) ······································153

제4절 임시정부경찰의 주요인물 ···································154

제5절 임시정부경찰의 특징 ·········································154

제5장 미군정시기 경찰 ····································155

제1절 개요 ·································································155

제2절 미군정시기 경찰조직과 제도정비 ························155

1. 미군정시기 경찰조직 ··············································155

2. 경찰제도정비 ·························································156

제3절 제주 4·3사건과 문형순 서장 ·····························157

제4절 미군정하의 경찰의 특징 ·····································157

제6장 1948년 정부수립 이후 1991년 「경찰법」 제정이전 경찰 ···································158

제1절 서설 ·································································158

제2절 1948년 정부수립과 경찰(제1공화국) ··················158

1. 중앙경찰조직 ·························································158

2. 지방경찰조직(시·도 경찰국) ·······································158

3. 보도연맹사건 ·························································159

4. 6.25전쟁과 경찰 ····················································159

5. 4.19혁명과 경찰 ····················································160

제3절 제2공화국 이후 경찰 ··········································161

1. 제2공화국과 경찰 ··················································161

2. 제3공화국(5.16군부 포함)과 경찰 ·······························161

3. 제4공화국과 경찰 ··················································161

4. 제5공화국과 경찰 ··················································161

제4절 정부수립 이후 1991년 이전의 경찰 특징 ·············162

제7장 「경찰법」 제정(1991년) 이후 경찰 ··········163

제1절 「경찰법」 제정의 의의 ········································163

제2절 조직정비 ···························································163

제3절 「국가경찰과 자치경찰의 조직 및 운영에 관한 법률」 제정(2020년) ·····················164

제8장 한국경찰사에 길이 빛날 경찰의 표상 ·····165

제 3 편 | 비교경찰론

제1장 영국의 경찰 ···········································170

제1절 영국경찰의 역사 ················································170

1. 고대경찰 ·······························································170

2. 중세경찰 ·······························································170

3. 근대경찰 ·······························································171

4. 현대경찰 ·······························································172

제2절 경찰조직 및 제도 ···············································173

1. 개요 ······································································173

2. 내무부 ··································································173

3. 잉글랜드·웨일즈 ····················································174

4. 스코틀랜드·북아일랜드 ··········································175

제3절 수사권 ······························································176

제2장 미국의 경찰 ···········································177

제1절 미국경찰의 역사 ················································177

1. 독립이전 ·······························································177

2. 근대경찰의 창설 ····················································177

3. 경찰의 개혁 ···························································178

제2절 경찰조직 및 제도 ···············································179

1. 개요 ······································································179

2. 연방법집행기관 ······················································179

3. 주(州)경찰 ······························································181

4. 지방경찰 : 미국 경찰의 중추적 기능을 담당 ··············181

제3절 경찰의 수사권 ···················································181

제3장 독일의 경찰 ···········································182

제1절 독일경찰의 역사 ················································182

제2절 독일의 경찰조직 및 제도 ····································183

1. 개요 ······································································183

2. 연방기관 - 모두 연방 내무부 소속 ···························183

3. 주경찰 - 주 내무부 소속 ·········································184

제3절 경찰의 수사 ······················································184

제4장 프랑스의 경찰 ········································185

제1절 프랑스 경찰의 역사 ············································185

제2절 프랑스 경찰조직과 제도 ·····································185

1. 특징 ······································································185

2. 국가경찰 ·······························································186

3. 자치경찰 ·······························································187

4. 국가경찰과 자치경찰의 관계 ···································187

제3절 경찰의 수사 등 ··················································187

제5장 일본의 경찰 ···········································188

제1절 일본경찰의 역사 ················································188

1. 메이지유신(1868년) 이전 ·········································188

2. 메이지유신 ~ 미군정이전(1945년) ····························188

3. 미군정시기 ····························································188

4. 경찰법 제정 ···························································189

제2절 일본경찰의 조직 및 제도 ····································190

1. 개관 ······································································190

2. 일본경찰 조직체계 ·················································190

3. 공안위원회(경찰의 관리기관) ·······································191

제3절 수사권 ······························································191

제 4 편 | 경찰행정법

제1장 경찰행정법 총칙 ····································194

제1절 경찰과 법치행정 ················································194

1. 법치행정(법률에 의한 행정의 원리)의 의의 ·····················194

2. 법치행정(법치주의)의 내용(O. Mayer) ··························194

제2절 경찰행정법의 법원 ·············································197

1. 의의 ······································································197

2. 경찰법원의 종류 ····················································197

제3절 행정법의 효력 ···················································205

1. 법령등 시행일의 기간 계산(행정기본법 제7조) ···············205

2. 시간적 효력 ···························································205

제4절 행정상 법률관계 ················································207

1. 행정상 법률관계의 개관 ··········································207

2. 행정주체 ·······························································208

3. 개인적 공권 ···························································209

4. 특별권력관계(특별행정법관계) ····································213

제2장 경찰조직법 ············································215

제1절 경찰조직법 일반 ················································215

1. 경찰조직법 개설 ····················································215

2. 경찰행정기관 ·························································216

제2절 경찰행정기관 ····················································217

1. 국가경찰위원회 ······················································217

2. 경찰청장 ·······························································220

3. 국가수사본부장 ······················································222

4. 시·도자치경찰위원회 ·············································223

5. 시·도경찰청장 및 경찰서장 ·····································227

제3절 경찰행정관청 상호간의 관계 ·······························230

1. 개관 ······································································230

2. 훈령권 ··································································230

3. 경찰관청 권한의 대리·위임 및 내부위임 등 ···············233

제3장 경찰공무원법 ·········································241

제1절 개설 ·································································241

1. 경찰공무원의 의의 ·················································241

2. 「국가공무원법」과 「경찰공무원법」의 관계 ················241

제2절 경찰공무원의 분류 ·············································242

1. 서설 ······································································242

2. 계급 ······································································242

3. 경과(警科) ······························································243

제3절 경찰공무원관계 ·················································246

1. 경찰공무원관계의 성질 ···········································246

2. 임용권자 ·······························································247

3. 경찰공무원인사위원회(경찰공무원법 제5조, 경찰공무원임용령 제9조~제14조) ·········248

4. 경찰공무원관계의 변동 ···········································249

제4절 경찰공무원의 권리와 의무 ··································267

1. 개관 ······································································267

2. 경찰공무원의 권리 ·················································267

3. 경찰공무원의 의무 ·················································270

제5절 경찰공무원의 책임 ·············································278

1. 의의 ······································································278

2. 징계책임 ·······························································279

3. 변상책임 ·······························································293

4. 민·형사책임 ··························································293

제4장 경찰공무원의 권익보장 ··························294

1. 사회보장과 보훈 ····················································294

2. 처분사유 설명서의 교부(국가공무원법 제75조) ··············294

3. 고충심사 ·······························································295

4. 소청 ······································································296

5. 실질적 양성 평등 실현제도 ······································300

제5장 행정(경찰)작용법 ···································304

제1절 서설 ·································································304

1. 경찰작용법의 의의 ·················································304

2. 경찰권발동의 근거와 한계 ·······································304

제2절 행정입법 ···························································311

1. 행정입법의 의의 ····················································311

2. 법규명령 ·······························································311

3. 행정규칙 ·······························································317

4. 법규명령형식의 행정규칙과 행정규칙형식의 법규명령 ·· 318

제3절 행정행위(행정처분) ···········································320

1. 서설 ······································································320

2. 행정행위의 개념적 요소 ··········································321

3. 행정행위의 분류 ····················································321

4. 처분시 법 적용의 기준(행정기본법 제14조) ···················324

5. 제재처분 ·······························································324

6. 자동적 처분(행정기본법 제20조) ··································325

7. 행정행위의 내용 ····················································325

8. 행정행위의 부관 ····················································333

9. 행정행위의 성립요건과 효력요건 ·····························337

10. 행정행위의 효력 ···················································338

11. 행정행위의 하자 ···················································341

12. 행정행위의 철회 ···················································346

13. 행정행위의 실효 ···················································347

14. 처분에 대한 이의신청 및 재심사 ····························348

제4절 그 밖의 행정작용 ···············································350

1. 확약(행정절차법 제40조의2) ········································350

2. 공법상 계약 ···························································350

3. 행정상 사실행위 ····················································351

4. 행정지도 ·······························································352

5. 행정계획 ·······························································352

제5절 「경찰관 직무집행법」 ········································362

1. 서설 ······································································362

2. 「경찰관 직무집행법」의 목적(경찰관 직무집행법 제1조) 및 직무의 범위(경찰관 직무집행법 제2조) ···························363

3. 불심검문(경찰관 직무집행법 제3조) ······························364

4. 보호조치(경찰관 직무집행법 제4조) ······························368

5. 위험발생의 방지조치(경찰관 직무집행법 제5조) ··············371

6. 범죄의 예방과 제지(경찰관 직무집행법 제6조) ················372

7. 위험방지를 위한 출입(경찰관 직무집행법 제7조) ·············373

8. 사실의 조회·확인 및 출석요구(경찰관 직무집행법 제8조) ·· 374

9. 정보의 수집 등(경찰관 직무집행법 제8조의2) ··················374

10. 국제협력(경찰관 직무집행법 제8조의3) ·························376

11. 유치장(경찰관 직무집행법 제9조) ·································376

12. 경찰장비의 사용(경찰관 직무집행법 제10조) ·················376

13. 경찰장구의 사용(경찰관 직무집행법 제10조의2) ·············377

14. 분사기 및 최루탄의 사용(경찰관 직무집행법 제10조의3) · 377

15. 무기의 사용(경찰관 직무집행법 제10조의4) ···················378

16. 경찰착용기록 장치(경찰관 직무집행법 제10조의5~10조의7) ································380

17. 사용기록 보관(경찰관 직무집행법 제11조) ····················382

18. 손실보상(경찰관 직무집행법 제11조의2) ·······················382

19. 범인검거 등 공로자 보상(경찰관 직무집행법 제11조의3) · 385

20. 소송지원(경찰관 직무집행법 제11조의4) ·······················387

21. 직무수행으로 인한 형의 감면(경찰관 직무집행법 제11조의5) ······························387

22. 벌칙(경찰관 직무집행법 제12조) ··································387

제6절 「위해성 경찰장비의 사용기준 등에 관한 규정」(대통령령) ································388

제7절 행정절차법 ·······················································402

1. 총칙 ······································································402

2. 처분 ······································································404

3. 신고, 확약 및 위반사실 등의 공표 등 ························410

4. 행정상 입법예고 ····················································412

5. 행정예고(법 제46조) ·················································412

6. 행정지도 ·······························································413

7. 비용의 부담(법 제54조) ·············································413

제8절 「공공기관의 정보공개에 관한 법률」과 「개인정보보호법」 ·································414

1. 「공공기관의 정보공개에 관한 법률」·························414

2. 「개인정보 보호법」·················································421

제6장 행정의 실효성 확보수단 ·························429

제1절 개관 ·································································429

제2절 행정강제 ···························································430

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

2. 행정상 강제집행 ····················································430

3. 행정상 즉시강제 ····················································435

제3절 행정벌 ······························································441

1. 의의 ······································································441

2. 행정형벌 ·······························································442

3. 행정질서벌 ····························································445

제4절 새로운 의무이행확보수단 ···································451

1. 과징금 ··································································451

2. 위반사실등의 공표(행정절차법 제40조의3) ···················452

3. 가산세 ··································································452

제7장 행정구제법 ············································453

제1절 행정상 손해배상(국가배상) ·································453

1. 개설 ······································································453

2. 공무원의 위법한 직무행위로 인한 손해배상(국가배상법 제2조) ···························453

3. 영조물의 설치·관리상의 하자로 인한 손해배상(국가배상법 제5조) ·······················461

4. 배상청구절차 ·························································463

제2절 손실보상 ···························································464

1. 의의 ······································································464

2. 손실보상의 근거 ····················································464

3. 손실보상의 요건 ····················································464

4. 손실보상의 기준 - 정당한 보상 ·······························464

제3절 행정심판 ···························································465

1. 행정심판의 의의 ····················································465

2. 「행정심판법」상의 행정심판의 종류(행정심판법 제5조) ···465

3. 특별행정심판 등(행정심판법 제4조) ·····························465

4. 행정심판의 대상 ····················································465

5. 행정심판기관－행정심판위원회 ·······························466

6. 행정심판의 당사자와 관계인 ···································467

7. 행정심판청구 ·························································468

8. 행정심판청구의 효과 ··············································469

9. 행정심판의 심리 및 재결 ·········································470

10. 행정심판에 대한 불복 ···········································473

제4절 행정소송 ···························································474

1. 의의 ······································································474

2. 행정소송의 종류(행정소송법 제3조, 제4조) ·····················474

3. 취소소송 ·······························································474

4. 무효등확인소송 ······················································479

5. 부작위위법확인소송 ···············································479

6. 당사자소송 ····························································479

7. 객관적 소송 ···························································480

제8장 범죄피해자 보호 ····································481

제1절 범죄피해자 보호법 ·············································481

제2절 각 개별법상 피해자보호 ·····································486

1. 「인신매매등방지 및 피해자보호 등에 관한 법률」상 ‘피해자 보호’ ····················486

2. 「성폭력방지 및 피해자보호 등에 관한 법률」상 ‘피해자 보호’ ··························487

3. 「가정폭력방지 및 피해자보호 등에 관한 법률」상 ‘피해자 보호’ ·······················488

4. 「스토킹방지 및 피해자보호 등에 관한 법률」상 ‘피해자보호’ ····························489

5. 「여성폭력방지기본법」상 ‘피해자 보호’ ····················490

제 5 편 | 경찰행정학

제1장 경찰관리일반론 ······································494

제1절 경찰관리의 의의 ················································494

제2절 경찰관리자 ·······················································494

1. 의의 ······································································494

2. 관리자의 유형 ························································494

제3절 경찰기획과 정책결정 ·········································495

1. 경찰기획 ·······························································495

2. 정책결정 ·······························································495

제2장 경찰조직관리 ·········································496

제1절 경찰조직상의 이념 ·············································496

제2절 관료제 ······························································496

1. 이념형 관료제의 구조적 특성(M. Weber) ···················496

2. 관료제의 문제점(Robert K. Merton) ···························497

제3절 경찰조직의 편성원리 ·········································498

1. 계층제의 원리 ························································498

2. 통솔범위의 원리 ····················································498

3. 명령통일의 원리 ····················································499

4. 분업의 원리 ···························································500

5. 조정과 통합의 원리 ················································500

제4절 경찰조직관리이론 ··············································502

1. 동기부여이론 ·························································502

2. 목표에 의한 관리(MBO：Management By Objective) ····506

3. 총체적 품질관리(Total Quality Management) ···············506

제5절 경찰개혁 ···························································507

1. 행정개혁 ·······························································507

2. 개혁에 대한 저항과 극복방안 ··································507

제3장 경찰인사관리 ·········································508

제1절 의의 및 목적 ·····················································508

1. 의의 ······································································508

2. 인사관리의 목적 ····················································508

제2절 인사행정의 2대원칙(엽관주의·실적주의) ·············508

1. 의의 ······································································508

2. 장·단점 ·································································509

3. 양자의 조화 ···························································509

제3절 직업공무원제도 ·················································510

1. 의의 ······································································510

2. 특징 ······································································510

3. 직업공무원제도 확립요건 ········································510

4. 직업공무원제도의 장단점 ········································510

제4절 공직의 분류 ······················································511

1. 계급제와 직위분류제의 의의 및 특징 ························511

2. 계급제와 직위분류제의 비교 ···································511

3. 우리나라의 계급제와 직위분류제 ·····························512

제5절 근무성적평정 ····················································512

1. 의의 ······································································512

2. 관련법령 ·······························································512

제6절 다면평가제 ·······················································515

1. 의의 ······································································515

2. 다면평가제의 장·단점 ············································515

3. 다면평가제 단점의 극복방안 ···································515

제4장 경찰예산관리 ·········································516

제1절 예산의 의의 ······················································516

제2절 경찰예산분류 ····················································516

1. 일반회계·특별회계 ················································516

2. 예산성립 과정을 기준으로 한 분류 ···························517

제3절 예산제도 ···························································518

1. 품목별예산(LIBS：Line Item Budget System) ··············518

2. 성과주의예산(PBS：Performance Budget System) ·······519

3. 계획예산제도(PPBS：Planning Programming Budgeting System) ·················519

4. 영기준예산(ZBB：Zero-Base Budget System) ·············520

제4절 예산의 과정 ······················································521

1. 예산의 편성 ···························································521

2. 국회의 심의·의결 ···················································522

3. 예산의 집행 ···························································522

4. 예산의 결산 ···························································525

제5장 기타관리 ················································526

제1절 장비관리 ···························································526

1. 장비관리의 목표 ····················································526

2. 무기 및 탄약관리(경찰장비관리규칙) ····························526

3. 차량관리(경찰장비관리규칙) ········································530

제2절 보안관리 ···························································531

1. 보안의 의의 ···························································531

2. 보안의 대상 ···························································532

3. 문서 및 자재보안 ···················································532

제3절 문서관리 ···························································542

1. 「행정업무의 운영 및 혁신에 관한 규정」 상 용어정의 · 542

2. 「행정업무의 운영 및 혁신에 관한 규정」상 공문서의 종류 ··························542

3. 「행정업무의 운영 및 혁신에 관한 규정」상 문서의 성립 및 효력 발생 ·········543

4. 「행정업무의 운영 및 혁신에 관한 규정」상 문서작성의 방법 ·······················543

5. 「행정업무의 운영 및 혁신에 관한 규정」 및 「행정업무의 운영 및 혁신에 관한 규정 시행규칙」상 문서의 기안 ··· 543

6. 「행정업무의 운영 및 혁신에 관한 규정」 및 「행정업무의 운영 및 혁신에 관한 규정 시행규칙」상 문서의 결재 ··· 544

제6장 경찰홍보 ················································545

제1절 경찰홍보의 의의 ················································545

제2절 경찰홍보의 전략 ···············································545

제3절 경찰홍보의 유형 ················································545

1. 협의의 홍보(Public Relations：PR) ·····························545

2. 지역공동체 관계(Community Relations：CR) ···············546

3. 언론 관계(Press Relations) ·······································546

4. 대중매체 관계(Media Relations) ································546

5. 기업 이미지식 경찰홍보 ··········································546

제4절 「언론중재 및 피해구제 등에 관한 법률」···············547

1. 총칙 ······································································547

2. 언론중재위원회(법 제7조) ·········································548

3. 정정보도청구 ·························································549

4. 반론보도청구권 ······················································550

5. 추후보도청구권 ······················································551

6. 조정 ······································································551

7. 중재 ······································································552

8. 소송 ······································································552

제7장 경찰통제 ················································553

제1절 경찰통제의 일반론 ·············································553

1. 경찰통제의 의의와 필요성 및 기본요소 ·····················553

2. 통제의 유형 및 장지 ··············································554

제2절 경찰감찰 및 경찰행정감사와 경찰통제 ·················556

1. 「경찰 감찰 규칙」(경찰청훈령) ····································556

2. 「경찰청 감사 규칙」(경찰청훈령) ·································562

제 6 편 | 분야별 경찰활동

제1장 생활안전경찰 ·········································570

제1절 생활안전경찰의 의의 ·········································570

제2절 지역경찰활동 ····················································570

1. 지역경찰의 의의 ····················································570

2. 「지역경찰의 조직 및 운영에 관한 규칙」(경찰청훈령) ···· 570

3. 「112신고의 운영 및 처리에 관한 법률」····················576

4. 「112치안종합상황실 운영 및 신고처리 규칙」···········580

5. 「경비업법」····························································585

제3절 생활질서업무 ····················································590

1. 의의 ······································································590

2. 풍속사범의 단속 ····················································590

3. 기초질서위반사범의 단속 - 「경범죄 처벌법」············598

4. 총포·도검·화약류 단속 - 「총포·도검·화약류 등의 안전관리에 관한 법률」 ··············603

5. 유실물관리 - 「유실물법」········································605

제4절 청소년 및 여성보호 ············································608

1. 「소년법」·······························································608

2. 「청소년 보호법」····················································609

3. 「아동·청소년의 성보호에 관한 법률」·······················613

4. 「실종아동등의 보호 및 지원에 관한 법률」················627

5. 「실종아동등 및 가출인 업무처리 규칙」····················632

제2장 수사경찰 ················································638

제1절 「검사와 사법경찰관의 상호협력과 일반적 수사준칙에 관한 규정」 ··············638

제2절 성폭력사건 수사 - 「성폭력범죄의 처벌 등에 관한 특례법」 ·······················642

1. 규제내용 ·······························································642

2. 형벌과 수강명령 등의 병과(법 제16조) ·······················643

3. 고소(법 제18조) ·······················································643

4. 「형법」상 감경규정에 관한 특례(법 제20조) ·················643

5. 공소시효(법 제21조) ·················································643

6. 디지털 성범죄의 수사 ·············································644

7. 피해자의 신원과 사생활 비밀 누설 금지(법 제24조) ····· 646

8. 성폭력범죄의 피해자에 대한 전담조사제(법 제26조) ···· 647

9. 성폭력범죄 피해자에 대한 변호사 선임의 특례(법 제27조) ································647

10. 수사 및 재판절차에서의 배려(법 제29조) ··················647

11. 영상물의 촬영·보존(법 제30조) ································648

12. 영상녹화물의 증거능력 특례(법 제30조의2) ···············648

13. 심리의 비공개(법 제31조) ········································649

14. 전문가의 의견 조회(법 제33조) ································649

15. 신뢰관계 있는 자 등의 동석(법 제34조) ·····················649

16. 진술조력인 ··························································650

17. 증거보전의 특례(법 제41조) ····································651

18. 신상정보 등록 및 공개 ··········································651

제3절 가정폭력범죄－「가정폭력범죄의 처벌 등에 관한 특례법」 ······························653

1. 총칙 ······································································653

2. 신고(법 제4조) ·························································654

3. 가정폭력범죄에 대한 응급조치(법 제5조) ····················654

4. 고소에 관한 특례(법 제6조) ·······································655

5. 사법경찰관의 사건송치(법 제7조) ······························655

6. 임시조치의 청구 등(법 제8조) ····································655

7. 긴급임시조치(법 제8조의2) ········································656

8. 긴급임시조치와 임시조치의 청구(법 제8조의3) ············656

9. 가정보호사건의 처리(법 제9조) ·································656

10. 임시조치(법 제29조) ···············································657

11. 가정폭력범죄의 공소시효(법 제17조) ························657

제4절 아동학대 - 「아동학대범죄의 처벌등에 관한 특례법」 ···································658

제5절 스토킹범죄 - 「스토킹범죄의 처벌 등에 관한 법률」(약칭: 스토킹처벌법) ·······663

제6절 「특정중대범죄 피의자 등 신상정보 공개에 관한 법률」 ································668

제7절 「학교폭력예방 및 대책에 관한 법률」···················670

제8절 마약류사범단속 - 「마약류 관리에 관한 법률」······ 671

1. 마약류 개관 ···························································671

2. 「마약류 관리에 관한 법률」상 ‘마약’ ·························671

3. 「마약류 관리에 관한 법률」상 ‘대마’ ·························672

4. 「마약류 관리에 관한 법률」상 ‘향정신성의약품’ ·········672

제3장 경비경찰 ················································674

제1절 경비경찰 일반 ···················································674

1. 경비경찰의 의의 ····················································674

2. 경비경찰의 대상 ···················································674

3. 경비경찰 활동의 특성 ·············································675

4. 경비경찰의 조직 및 임무 ·········································675

제2절 행사안전경비(혼잡경비) ·····································677

1. 의의 ······································································677

2. 「경비업법 시행령」 제30조 ······································677

3. 「공연법」 및 「공연법 시행령」··································677

4. 군중정리의 원칙 ····················································678

제3절 선거경비 ···························································678

1. 비상근무 ·······························································678

2. 선거기간 및 선거일 ················································678

3. 선거운동 ·······························································678

4. 후보자 신변보호 ····················································679

5. 투표소 경비 ···························································679

6. 개표소 경비···························································679

제4절 재난경비 ···························································680

1. 개념 ······································································680

2. 「재난 및 안전관리 기본법」상 재난관리체계(예방 - 대비 - 대응 - 복구) ·············680

3. 「재난 및 안전관리 기본법」·····································681

제5절 국가중요시설경비 ··············································686

1. 국가중요시설의 의의 ·············································686

2. 국가중요시설의 분류 ·············································686

3. 국가중요시설의 경비·보안 및 방호(통합방위법 제21조) ··· 686

제6절 다중범죄진압경비 - 치안경비 ·····························687

1. 의의 ······································································687

2. 다중범죄의 특성 ····················································687

3. 다중범죄의 정책적 치료법 ·······································687

4. 다중범죄 진압활동 ·················································688

제7절 경호경비 ···························································689

1. 의의 ······································································689

2. 경호대상(대통령 등의 경호에 관한 법률 제4조) ··················689

3. 경호경비의 4대 원칙 ·············································689

제8절 대테러경비 ·······················································690

1. 테러의 의의 ···························································690

2. 「테러취약시설 안전활동에 관한 규칙」(경찰청훈령) ······ 690

3. 「국민보호와 공공안전을 위한 테러방지법」···············691

제9절 경찰작전 ···························································694

1. 의의 ······································································694

2. 「통합방위법」·························································694

3. ｢경찰 비상업무 규칙｣(경찰청 훈령) ·····························697

제10절 청원경찰 ························································701

1. 의의 ······································································701

2. 정의 ······································································701

3. 직무 ······································································701

4. 청원경찰의 배치 및 임용 ·········································701

5. 청원경찰의 징계(청원경찰법 제5조의2) ·························702

6. 보상금(청원경찰법 제7조)과 퇴직금(청원경찰법 제7조의2) ·· 703

7. 제복 착용과 무기 휴대(청원경찰법 제8조) ·····················703

8. 감독(청원경찰법 제9조의3) ··········································704

9. 쟁의행위의 금지(청원경찰법 제9조의4) ·························704

10. 직권남용 금지(청원경찰법 제10조) ·····························704

11. 청원경찰의 불법행위에 대한 배상책임(청원경찰법 제10조의2) ··························704

12. 의사에 반한 면직(청원경찰법 제10조의4) ····················704

13. 배치의 폐지(청원경찰법 제10조의5) ····························705

제4장 교통경찰 ················································706

제1절 「도로교통법」상 용어정리 ···································706

1. 도로 ······································································706

2. 차마(차와 우마) ························································706

3. 노면전차 ······························································706

4. 자동차 ··································································707

5. 원동기장치자전거 ··················································707

6. 개인형 이동장치 ····················································707

7. 자전거 ··································································707

8. 자동차 등 ·····························································708

9. 자전거 등 ······························································708

10. 실외이동로봇 ·······················································708

11. 기타 용어 ····························································709

제2절 교통규제와 교통지도단속 ···································714

1. 교통규제 ·······························································714

2. 교통지도단속(Traffic Enforcement) ····························716

제3절 차마의 통행방법 ················································725

1. 횡단등의 금지(법 제18조) ··········································725

2. 교차로 통행방법(법 제25조) ······································725

3. 보행자의 보호(법 제27조) ··········································726

4. 보행자우선도로(법 제28조의2) ···································726

5. 서행장소 및 일시정지장소(법 제31조) ························726

6. 주차 및 정차 ··························································727

7. 긴급자동차 ····························································728

제4절 운전면허 및 면허행정처분 ··································730

1. 운전면허 ·······························································730

2. 운전면허행정처분 ··················································739

3. 통고처분 ·······························································741

제5절 교통사고의 처리 ················································744

1. 「교통사고처리 특례법」상 교통사고의 의의 ···············744

2. 교통사고의 요소 ····················································744

3. 교통사고발생시의 조치(법 제54조) ·····························745

4. 교통사고의 처리기준 ··············································747

5. 교통사고 유형별 처리 ·············································750

6. 신뢰원칙 ·······························································755

7. 적용한계 ·······························································758

제5장 정보경찰 ················································759

제1절 정보일반 ···························································759

1. 정보의 의의 ···························································759

2. 정보의 질적요건(정보의 가치에 대한 평가기준) ················759

3. 정보의 분류 ···························································760

제2절 정보의 순환 ······················································763

1. 정보순환의 의의 ····················································763

2. 정보의 순환과정 ····················································763

제3절 신원조사(「보안업무규정」) ··································767

제4절 집회 및 시위에 관한 업무(집회 및 시위에 관한 법률) ·······················768

1. 목적 ······································································768

2. 용어의 정의 ···························································768

3. 옥외집회 및 시위의 신고절차 및 처리기한 ················770

4. 집회 및 시위의 금지 ···············································775

5. 옥외집회 및 시위 금지사유 ······································775

6. 옥외집회와 시위의 금지장소 ···································778

7. 야간 옥외집회·시위 ················································778

8. 교통소통을 위한 제한 ············································779

9. 질서유지선의 설정·고지 ·········································779

10. 확성기등 사용의 제한(법 제14조) ·····························780

11. 경찰관의 출입 ······················································782

12. 평화적 집회 및 시위의 보호(법 제3조) ······················782

13. 특정인 참가의 배제(법 제4조) ··································782

14. 집회 또는 시위의 해산 ··········································783

15. 집회·시위자문위원회(법 제21조) ·····························786

16. 집회 및 시위관계자의 준수사항 ·····························786

제6장 안보경찰 ················································788

제1절 안보경찰의 의의 ················································788

제2절 방첩활동 ···························································788

1. 방첩의 의의 ···························································788

2. 방첩의 기본원칙 ···················································788

3. 방첩의 대상 - 간첩, 태업, 전복행위 ·························789

제3절 공작활동 ···························································790

1. 공작의 의의 ···························································790

2. 공작의 4대 요소 ·····················································790

3. 심리전 ··································································790

제4절 「국가보안법」····················································791

1. 「국가보안법」의 목적과 법적 성격 ····························791

2. 「국가보안법」의 특성 ··············································791

3. 「국가보안법」 각론 ·················································793

4. 보상과 원호(법 제21조~제24조) ··································799

제5절 보안관찰 - 「보안관찰법」···································801

1. 보안관찰의 의의 ····················································801

2. 보안관찰처분의 요건 ··············································801

3. 보안관찰처분(법 제4조) ············································801

4. 보안관찰처분의 절차 ··············································802

5. 보안관찰처분기간 ··················································804

6. 보안관찰처분집행 ··················································804

7. 보안관찰의 수단 ····················································805

8. 신고 ······································································806

9. 불복절차 - 행정소송(법 제23조) ································806

10. 벌칙 ····································································806

제6절 남북교류협력 - 「남북교류협력에 관한 법률」······· 807

1. 의의 ······································································807

2. 남북교류협력 추진협의회 ········································807

3. 남북한의 교류·협력 ················································808

제7절 북한이탈주민의 보호-「북한이탈주민의 보호 및 정착 지원에 관한 법률」········810

1. 목적 ······································································810

2. 정의 ······································································810

3. 적용범위(법 제3조) ···················································810

4. 기본원칙(법 제4조) ···················································810

5. 국가 및 지방자치단체의 책무(법 제4조2) ····················810

6. 기본계획 및 시행계획수립(법 제4조의3) ······················811

7. 보호기준 등(법 제5조) ··············································811

8. 북한이탈주민 보호 및 정착지원협의회(법 제6조) ········· 811

9. 보호신청 및 보호결정 ·············································812

10. 주거지원(법 제20조) ···············································813

11. 정착금 등 지급(법 제21조) ·······································813

12. 거주지 보호(법 제22조) ···········································813

13. 정착지원시설 ·······················································814

14. 무연고청소년 보호(법 제11조의2) ·····························814

15. 학력 및 자격인정 ··················································814

16. 특별임용(법 제18조) ···············································815

17. 거주지에서의 신변보호(법 제22조의2) ······················815

18. 보호의 변경(법 제27조) ···········································815

제7장 외사경찰 ················································816

제1절 외사경찰 일반론 ················································816

제2절 외사경찰의 대상 - 외국인 ··································816

1. 외국인의 의의 ·······················································816

2. 국적의 취득 ···························································816

3. 외국인의 법적 지위 ················································819

4. 내외국인의 입·출국 ················································820

제3절 외사경찰활동 ····················································830

1. 외사기획활동 ·························································830

2. 외사정보활동 ·························································830

3. 외사보안활동 ·························································830

4. 국제협력활동 ·························································830

5. 해외주재업무 ·························································831

6. 외사수사활동 ·························································831

제4절 주한미군지위협정(Status of Forces Agreement) ························834

1. 주한미군지위협정의 기본원칙 ·································834

2. 협정의 적용대상자(협정 제1조) ··································834

3. 형사재판권 ····························································835

4. 국가배상 ·······························································836

제5절 국제경찰공조 ····················································837

1. 국제형사경찰기구(ICPO：The International Criminal Police Organization) ·········837

2. 국제형사사법공조 ··················································840

3. 범죄인 인도법 ·······················································842

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