Controversy over “Stronger” Police

The laws on police administration have undergone ups and downs, with five revisions since 1981 when they were first revamped.

Since the 1990s, revisions began to gradually give more authority to police officers in criminal investigations. In 1991, the hours the police were allowed to place an individual in unwarranted custody increased from three to six.

Police officers were awarded even more authority last year. The new meetings and rallies law bans marches on major streets and caps noise levels. The limits on the noise level of outdoor meetings will be introduced under a presidential decree beginning next month. In residential areas, the noise level should be less than 65 decibels during the day and 50 decibels at night. In commercial areas, the level should be 80 decibels by day and 70 decibels at night.

As precincts are ceaselessly facing problems associated with drinkers, police are attempting to introduce laws aimed at stopping drinkers from hurting others. Similar laws exist in Japan and Germany. The laws will allow police to place people under the influence in temporary custody until they become sober and to punish home disturbances caused by alcohol drinking.

“In the past, revisions were introduced to protect human rights against police abuses,” said a senior police official. “Recently, the public’s flouting of police authority has reached a critical point. Their authority should be revamped.”

However, academia and civil groups are divided over the revisions.

“The Constitution codifies that individuals’ freedom may be limited for the sake of public safety,” said Han Gyun-woo, law professor at Yonsei University, who also commented on “stop and frisk,” said, “There is a self-defense aspect in revealing an individual’s identification as being free from any criminal suspicions in the stop and frisk process.”

“In advanced countries, citizens’ freedoms are limited based on the law,” said Professor Kim Hyung-hoon at Korea National Police University. “With a legal base for police authority instituted, any police abuses will be punished.”

“Stop and frisk is only effective against those who are avoiding prosecution with noncompliance with subpoenas or drunk drivers. It does not help catch hardcore criminals,” said Oh Chang-ik, director at Solidarity for Human Rights. “The law to protect drinkers stands a good chance to be abused since it depends largely on police officers’ discretion.”

“The police officers’ efforts to enforce their authority represent their attempts to increase their power, instead of lining up with the public’s interest,” said attorney Jang Kyung-wook of Lawyers for a Democratic Society.

needjung@donga.com