Should I pay hundreds of millions to catch the criminal? In reality, personal compensation for police officers is ‘0’

On the 3rd, when the weapon riot at Seohyeon Station in Seongnam, Gyeonggi Province took place, an incumbent police officer said to the blind, an anonymous community, “Knibbing case? The public should survive on their own,” and it became a hot topic both inside and outside the police. After presenting 8 rulings and claiming that the police who exercised physical force during the execution of official duties paid hundreds of millions of won in damages, “The police are dying to protect the human rights of criminals, and the police can no longer endure, so the people should stand on their own. ”he said. However, among the eight judgments, the case in which the individual police officer compensated was ‘0’. It is pointed out that human rights violations such as excessive suppression may occur if only ‘strengthening police immunity’ is strengthened using the voice of the front-line police as a shield, saying ‘I do not want to be involved in a lawsuit’.

As a result of the Hankyoreh’s coverage on the 8th, there was no case in which an individual police officer paid civil compensation among the eight rulings mentioned in the article. It was found that most of the judgments were for the state to compensate, and even for the judgment that the state and individual police officers should jointly bear, the National Police Agency did not claim compensation from the individual, saying that it was “not intentional.” Considering that these cases were executions of official duties even in criminal proceedings, most of them ended in non-prosecution, acquittal, and suspended sentences.

The first case, mentioned by the police officer who wrote the article, was a case that occurred in Jinju, Gyeongsangnam-do, 22 years ago in 2001, 22 years ago. Mr. A stabbed an acquaintance with a beer bottle, ignored multiple warnings, and resisted the police officer until he was shot in the chest and died. In the criminal case, the police officer was acquitted, but in the civil case, “the police officer had room to minimize harm, such as aiming a live ammunition at the lower body at the time of the accident,” and a judgment was made to compensate him for 110 메이저사이트million won. But it was against the state.

In addition, the 2011 judgment that compensation for hundreds of millions of won should be paid when a riot with a weapon mentioned by the author was stabbed and killed by a weapon he was holding while falling down after being hit by a taser gun All of the rulings, such as the judgment to pay 10 million won, were decided only for the state.

Even in the criminal trial, the police officer’s gross negligence was recognized, and in the civil trial, there was no actual compensation even in the judgment that stipulated that the individual policeman should also be compensated. In July 2016, when the suspect B screamed and threatened a police officer at a district investigation office in Seoul, police officer C pushed him and B suffered injuries such as concussion. After the sentence was suspended, the right to prosecute disappeared after the period expired, and it was considered not to be prosecuted). The civil court ruled that the state and the state jointly pay compensation of 480 million won, but the state paid the full amount of the compensation and did not file a claim for damages to the police officer. The police presented the opinion that the constable was not intentional, and the Ministry of Justice accepted it and paid full state compensation.

Even if the actual right to indemnity is claimed, since the introduction of the police legal insurance in June 2018 and the civil servant liability insurance system in January 2020, compensation of up to 50 million won per civil case has been supported, but in major cases, they are not even claiming indemnity.

While civil liability for incidents that occur during the execution of official duties is not even asked for by individual police officers, there are concerns that the police are not even prosecuting cases of gross negligence that the police are legally responsible for in an atmosphere of strengthening physical force. Attorney Yang Hong-seok, who served as a member of the Police Reform Committee in the past, said, “No matter how many precedents you look for, the reality is that only a structure that makes it difficult to hold individual police officers accountable is revealed, even if you look at precedents.” Rather, it is a necessary situation.”

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