• Title, Summary, Keyword: Limitation of Police Power

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A Study on the Regulative Principle of Law in Respect to Police Function in Internationalized Age - Centering on Limitation to Police Authority Exercise - (국제화 시대의 경찰작용 통제법리에 관한 연구 -경찰권발동의 한계를 중심으로-)

  • Oh Tae-Kon;Kim Dong-Bok
    • The Journal of the Korea Contents Association
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    • v.5 no.3
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    • pp.63-71
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    • 2005
  • The police have a responsibility to exercise the police authority in the sphere of peril prevention. Such right may be decided at their discretion. So, as a management according to the police's discretion is based on order and compulsion, it can not help infringing the rights of the people. Therefore, the exercise of the police authority has to be accompanied by a legal management policy according to the principle of legal reservation based on the principle of constitutionalism. This study is to find proper directions of the police function through preparing reasonable plans to guarantee freedom and rights of the people at its maximum while maintaining the public peace and order.

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CCTV and Privacy - Tools for Security or Eyes of Surveillance? - (CCTV와 프라이버시 - 안전을 위한 도구인가, 감시의 눈인가? -)

  • Lee, Yun-bok
    • Journal of Korean Philosophical Society
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    • v.143
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    • pp.215-244
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    • 2017
  • It is said that we live in an age of technology. And indeed, science and technology do play key roles to our life of happiness, but they are equally central in all events that threaten it. Science and technology are the means we often turn to in seeking solutions to our problems, and in turn are often the apparent sources of new problems. Thus it is not surprising that they have two aspects at the same time. CCTV has been presented to us as a technical solution to security problems. With the help of CCTV, we can more effectively prevent, detect, and prosecute crimes. With the help of CCTV, both public and private spaces can be made more secure. But of course, CCTV also has a down side. The down side most prominently anticipated has been loss of privacy and proliferation of surveillance. It is largely this potential problem with CCTV that has been regulated against. It is said that one reason for imposing a limitation on individual privacy is the societal interest in the prevention of crime. Accordingly a balance between the need to prevent crime through the use of CCTV and the duty to respect the privacy interests of individual citizens is in need of redress. In other hand, two theories of socio-political philosophy may have provided useful ways of understanding the role of CCTV in contemporary society. Firstly, neo-Marxist frameworks, for instance, stress the use of CCTV to police existing unequal socioeconomic divisions within society and the dominance of particular forms of order based upon materialist agendas. Secondly, Foucauldian frameworks contend that Foucault's notion of panoptic surveillance underpinning (self) disciplinary society is an appropriate template for understanding CCTV in late-modern society. In order to find a new point of valance between security and privacy in the use of CCTV, the participation of each citizen in the discourse to make the new norm is necessary. And to prevent its political misuse, their surveillance, or check for the potential surveillance-power is required.