제1편 │ 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

제2장 경찰의 임무와 수단 ······································30

제1절 경찰의 임무 ························································30
1. 실정법상 경찰의 임무 ···············································30
2. 경찰의 사무 ·····························································31
3. 경찰의 기본적 임무 ··················································33

제2절 경찰의 수단 ························································40
1. 권력적 수단(명령과 강제 등) ·····································40
2. 비권력적 수단(서비스 지향적 수단) ····························40
3. 범죄수사를 위한 수단 ···············································40

제3장 경찰활동의 기초 및 경찰의 관할 ················41

제1절 경찰활동의 기초(경찰권) ······································41
1. 협의의 경찰권 ··························································41
2. 수사권 ····································································42
제2절 경찰권과 관할 ·····················································43
1. 사물관할 ·································································43
2. 인적관할 ·································································43
3. 지역관할 ·································································44

제4장 경찰의 기본이념(가치) ·································46

제1절 민주주의 ·····························································46
1. 법적 근거 ································································46
2. 경찰의 민주화를 위한 방안 ········································46

제2절 법치주의 ·····························································47
1. 의의 ········································································47
2. 법적 근거 ································································47

제3절 인권존중주의 ······················································48
1. 법적 근거 ································································48
2. 인권보호의 중요성 ···················································48
3. 인권의 의의 및 특성 ·················································48
4. 인권의 유형 ·····························································49
5. 「국가인권위원회법」 ·················································50
6. 「경찰 인권보호 규칙」 ···············································51
7. 「경찰관 인권행동강령」 ·············································57

제4절 정치적 중립주의 ··················································58
1. 의의 ········································································58
2. 법적 근거 ································································58

제5절 경영주의 ·····························································60
1. 의의 ········································································60
2. 법적 근거 ································································60
3. 방안 ········································································60

제5장 경찰윤리 ·······················································61

제1절 서설 ···································································61
1. 경찰윤리확립의 필요성 ·············································61
2. 경찰윤리교육의 목적 ················································61
3. 경찰윤리확립을 위한 실천과제 ··································62
4. 공동체생활에서의 법과 윤리 ·····································62

제2절 바람직한 경찰의 역할모델과 전문직업화 ················64
1. 바람직한 경찰의 역할모델 ·········································64
2. 경찰의 전문직업화 ···················································66

제3절 경찰의 일탈 ························································67
1. 경찰인의 조직 내 사회화과정 ····································67
2. 시민들의 작은 호의에 대한 논의 ································67
3. 경찰의 부정부패 ·······················································68

제4절 경찰의 문화 ························································72
1. 한국경찰문화의 특징 ················································72
2. 냉소주의의 문제와 극복 ············································72

제5절 경찰활동의 사상적 토대 및 경찰활동의 기준
(경찰인의 윤리표준) ············································74
1. 경찰활동의 사상적 토대(사회계약설) ··························74
2. 사회계약설로부터 도출되는 경찰활동의 사상적 기준
(Cohen & Feldberg) ··············································75

제6절 경찰윤리강령 ······················································77
1. 경찰윤리강령의 의의 ················································77
2. 경찰윤리강령의 기능 및 문제점 ·································77
3. 우리나라 ·································································78
4. 「경찰청 공무원 행동강령」 ·········································79
5. 「부정청탁 및 금품등 수수의 금지에 관한 법률」 ···········85
6. 「공직자의 이해충돌 방지법」 ·····································94

제6장 경찰의 적극행정 및 소극행정 ···················103

제1절 적극행정 ···························································103
1. 적극행정의 의의 ····················································103
2. 적극행정의 근거 ····················································103
3. 적극행정의 판단기준(「적극행정 운영규정」) ··············104
4. 적극행정 운영규정 ·················································105
5. 경찰청 적극행정 면책제도 운영규정 ·························107

제2절 소극행정 ···························································109
1. 소극행정의 의의 ····················································109
2. 소극행정의 유형 ····················································109

제7장 범죄의 원인과 예방 ····································110

제1절 범죄의 의의 ······················································110
1. 법률적 개념 ···························································110
2. 비법률적 개념 ························································110
3. 법제정 및 집행상의 개념 ·········································111
4. G. M. Sykes ························································111

제2절 범죄원인론 ·······················································112
1. 범죄의 요소 ···························································112
2. 소질과 환경 ···························································112
3. 범죄원인에 관한 학설 ·············································113

제3절 범죄통제론 ·······················································117
1. 서설 ······································································117
2. 범죄예방이론 ·························································118

제8장 지역사회경찰활동 ······································123

제1절 서설 ·································································123
1. 의의 ······································································123
2. J. Skolnick의 지역사회경찰활동의 기본요소 ···········123

제2절 전통적인 경찰활동과 지역사회경찰활동의 비교
(M.K.Sparrow) ················································124

제3절 지역사회 경찰활동의 주요 프로그램 ····················125
1. 지역중심 경찰활동 ·················································125
2. 문제지향적 경찰활동 ··············································125
3. 이웃지향적 경찰활동 ··············································126
4. 전략지향적 경찰활동 ··············································126

제4절 지역사회 경찰활동의 한계 ··································127

제5절 순찰 ·································································128
1. 순찰의 구분 ···························································128
2. 순찰의 기능 ···························································128
3. 순찰의 효과연구(미국) ············································129

제2편 │ 한국경찰의 역사와 제도

제1장 갑오개혁 이전의 경찰 ································132
제1절 부족국가시대의 경찰제도 ···································132
1. 고조선 ··································································132
2. 남북의 부족국가 ····················································132

제2절 삼국시대의 경찰제도 ·········································133
1. 고구려 ··································································133
2. 백제 ······································································133
3. 신라 ······································································133

제3절 통일신라시대의 경찰제도 ···································134
1. 경찰과 관계되는 조직 ·············································134
2. 9주(州) 5소경(小京) ···············································134
3. 해양경찰기능 ·························································134
4. 새로운 유형의 범죄등장 등 ······································134

제4절 고려시대의 경찰제도 ·········································135
1. 경찰기관 ·······························································135
2. 범죄의 다양화 ························································135

제5절 조선시대(갑오개혁 이전)의 경찰제도 ···················136
1. 중앙경찰기관 ·························································136
2. 지방경찰기관 ·························································136
3. 포도청(捕盜廳) ······················································136
4. 기타 ······································································137

제2장 갑오개혁부터 일제강점기 이전의 경찰 ····138

제1절 갑오개혁과 근대경찰 ·········································138
1. 전개과정 ·······························································138
2. 「경무청관제직장」(警務廳官制職掌) ·························138
3. 「행정경찰장정」(行政警察章程) ·······························139
4. 경찰고문관제도와 경찰체제의 정비 ··························139

제2절 광무개혁(1897)에 따른 경부(警部) 경찰체제의 출범과
좌절 ·································································140
1. 경부경찰체제의 출범 ··············································140
2. 이원적 체제 ···························································140
3. 경부경찰체제의 좌절 ··············································140

제3절 한국 경찰권의 상실 ············································141
1. 통감부 경무부 경찰체제의 출범 ·······························141
2. 경시청체제의 출범 ·················································141
3. 한국 경찰권의 상실 ················································141

제4절 갑오개혁부터 일제강점기 이전 경찰의 특징 ·········141

제3장 일제강점기 경찰시대 ·································142

제1절 개요 ·································································142

제2절 헌병경찰시대 ····················································143
1. 헌병경찰제도의 시행 ··············································143
2. 헌병경찰의 임무 ····················································143
3. 헌병경찰과 보통경찰의 배치 ···································143
4. 헌병경찰제도를 뒷받침해 준 법령 ····························143
5. 종언 ······································································143

제3절 보통경찰시대 ····················································144

제4절 식민지시대 경찰의 특징 ·····································144

제4장 임시정부와 경찰 ·········································145

제1절 개요 ·································································145

제2절 임시정부경찰 역할 ·············································145

제3절 임시정부경찰 조직 ·············································146
1. 상해임시정부 시기(1919~1932) ·····························146
2. 이동 시기 ······························································147
3. 충칭(중경) 시기(1940~1945) ·································147

제4절 임시정부경찰의 주요인물 ···································148

제5절 임시정부경찰의 특징 ·········································148

제5장 미군정시기 경찰 ·········································149

제1절 개요 ·································································149

제2절 미군정시기 경찰조직과 제도정비 ························149
1. 미군정시기 경찰조직 ··············································149
2. 경찰제도정비 ·························································150

제3절 제주 4·3사건과 문형순 서장 ······························151

제4절 미군정하의 경찰의 특징 ·····································151

제6장 1948년 정부수립 이후 1991년 「경찰법」 제정 이전 경찰 ···········································152

제1절 서설 ·································································152

제2절 1948년 정부수립과 경찰(제1공화국) ··················152
1. 중앙경찰조직 ·························································152
2. 지방경찰조직(시·도 경찰국) ····································153
3. 보도연맹사건 ·························································153
4. 6.25전쟁과 경찰 ····················································153
5. 4.19혁명과 경찰 ····················································154

제3절 제2공화국 이후 경찰 ··········································155
1. 제2공화국과 경찰 ··················································155
2. 제3공화국(5.16군부 포함)과 경찰 ···························155
3. 제4공화국과 경찰 ··················································155
4. 제5공화국과 경찰 ··················································156

제4절 정부수립 이후 1991년 이전의 경찰 특징 ·············156

제7장 「경찰법」 제정(1991년) 이후 경찰 ············157

제1절 「경찰법」 제정의 의의 ········································157

제2절 조직정비 ···························································157

제3절 「국가경찰과 자치경찰의 조직 및 운영에 관한 법률」
제정(2020년) ···················································158

제8장 한국경찰사에 길이 빛날 경찰의 표상 ·······159

제3편 │ 비교경찰론

제1장 영국의 경찰 ················································164

제1절 영국경찰의 역사 ················································164
1. 고대경찰 ·······························································164
2. 중세경찰 ·······························································164
3. 근대경찰 ·······························································165
4. 현대경찰 ·······························································166

제2절 경찰조직 및 제도 ···············································167
1. 개요 ······································································167
2. 내무부 ··································································167
3. 잉글랜드·웨일즈 ····················································168
4. 스코틀랜드·북아일랜드 ··········································169

제3절 수사권 ······························································170

제2장 미국의 경찰 ················································171

제1절 미국경찰의 역사 ················································171
1. 독립이전 ·······························································171
2. 근대경찰의 창설 ····················································171
3. 경찰의 개혁 ···························································172

제2절 경찰조직 및 제도 ···············································173
1. 개요 ······································································173
2. 연방법집행기관 ······················································173
3. 주(州)경찰 ·····························································175
4. 지방경찰 : 미국 경찰의 중추적 기능을 담당 ··············175

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

제3장 독일의 경찰 ················································177

제1절 독일경찰의 역사 ················································177

제2절 독일의 경찰조직 및 제도 ····································178
1. 개요 ······································································178
2. 연방기관 ·······························································178
3. 주경찰 ··································································179

제3절 경찰의 수사 ······················································179

제4장 프랑스의 경찰 ············································180

제1절 프랑스 경찰의 역사 ············································180

제2절 프랑스 경찰조직과 제도 ·····································180
1. 특징 ······································································180
2. 국가경찰 ·······························································181
3. 자치경찰 ·······························································182
4. 국가경찰과 자치경찰의 관계 ···································182

제3절 경찰의 수사 등 ··················································182

제5장 일본의 경찰 ················································183

제1절 일본경찰의 역사 ················································183
1. 메이지유신(1868년) 이전 ·······································183
2. 메이지유신 ~ 미군정이전(1945년) ··························183
3. 미군정시기 ····························································183
4. 경찰법 제정 ···························································184

제2절 일본경찰의 조직 및 제도 ····································185
1. 개관 ······································································185
2. 일본경찰 조직체계 ·················································185
3. 공안위원회(경찰의 관리기관) ··································186

제3절 수사권 ······························································187

제4편 │ 경찰행정법

제1장 경찰행정법 총칙 ·········································190

제1절 경찰과 법치행정 ················································190
1. 법치행정(법률에 의한 행정의 원리)의 의의 ···············190
2. 법치행정(법치주의)의 내용(O. Mayer) ····················190
3. 경찰행정법의 구성 ·················································192

제2절 경찰행정법의 법원 ·············································193
1. 의의 ······································································193
2. 경찰법원의 종류 ····················································193

제3절 행정법의 효력 ···················································201
1. 법령등 시행일의 기간 계산 ······································201
2. 시간적 효력 ···························································201

제4절 행정상 법률관계 ················································203
1. 행정상 법률관계의 개관 ··········································203
2. 행정주체 ·······························································204
3. 개인적 공권 ···························································205
4. 특별권력관계(특별행정법관계) ································209

제2장 경찰조직법 ··················································211

제1절 경찰조직법 일반 ················································211
1. 경찰조직법 개설 ····················································211
2. 경찰행정기관 ·························································212

제2절 경찰행정기관 ····················································213
1. 국가경찰위원회 ······················································213
2. 경찰청장 ·······························································216
3. 국가수사본부장 ······················································218
4. 시·도자치경찰위원회 ·············································219
5. 시·도경찰청장 및 경찰서장 ·····································223

제3절 경찰행정관청 상호간의 관계 ·······························226
1. 개관 ······································································226
2. 훈령권 ··································································226
3. 경찰관청 권한의 대리·위임 및 내부위임 등 ···············229

제3장 경찰공무원법 ··············································237

제1절 개설 ·································································237
1. 경찰공무원의 의의 ·················································237
2. 「국가공무원법」과 「경찰공무원법」의 관계 ················237

제2절 경찰공무원의 분류 ·············································239
1. 서설 ······································································239
2. 계급 ······································································239
3. 경과(警科) ·····························································239

제3절 경찰공무원관계 ·················································242
1. 경찰공무원관계의 성질 ···········································242
2. 임용권자 ·······························································243
3. 경찰공무원인사위원회 ············································244
4. 경찰공무원관계의 변동 ···········································245

제4절 경찰공무원의 권리와 의무 ··································266
1. 개관 ······································································266
2. 경찰공무원의 권리 ·················································266
3. 경찰공무원의 의무 ·················································270

제5절 경찰공무원의 책임 ·············································278
1. 의의 ······································································278
2. 징계책임 ·······························································279
3. 변상책임 ·······························································292
4. 민·형사책임 ··························································292

제4장 경찰공무원의 권익보장 ······························293
1. 사회보장과 보훈 ····················································293
2. 처분사유 설명서의 교부 ··········································293
3. 고충심사 ·······························································294
4. 소청 ······································································295
5. 실질적 양성 평등 실현제도 ······································300

제5장 행정(경찰)작용법 ·······································303

제1절 서설 ·································································303
1. 경찰작용법의 의의 ·················································303
2. 경찰권발동의 근거와 한계 ·······································303

제2절 행정입법 ···························································310
1. 행정입법의 의의 ····················································310
2. 법규명령 ·······························································310
3. 행정규칙 ·······························································316
4. 법규명령형식의 행정규칙과 행정규칙형식의 법규명령
············································································317

제3절 행정행위(행정처분) ···········································319
1. 서설 ······································································319
2. 행정행위의 개념적 요소 ··········································320
3. 행정행위의 분류 ····················································320
4. 처분시 법 적용의 기준 ············································323
5. 제재처분 ·······························································323
6. 자동적 처분 ···························································324
7. 행정행위의 내용 ····················································324
8. 행정행위의 부관 ····················································332
9. 행정행위의 성립요건과 효력요건 ·····························336
10. 행정행위의 효력 ··················································337
11. 행정행위의 하자 ··················································340
12. 행정행위의 철회 ··················································345
13. 행정행위의 실효 ··················································346
14. 처분에 대한 이의신청 및 재심사 ···························347

제4절 그 밖의 행정작용 ···············································348
1. 확약 ······································································348
2. 공법상 계약 ···························································348
3. 행정상 사실행위 ····················································349
4. 행정지도 ·······························································350
5. 행정계획 ·······························································350

제5절 「경찰관 직무집행법」 ·········································360
1. 서설 ······································································360
2. 「경찰관 직무집행법」의 목적 및 직무의 범위 ·············361
3. 불심검문 ·······························································362
4. 보호조치 ·······························································366
5. 위험발생의 방지조치 ··············································370
6. 범죄의 예방과 제지 ················································372
7. 위험방지를 위한 출입 ·············································373
8. 사실의 조회·확인 및 출석요구 ·································374
9. 정보의 수집 등 ·······················································375
10. 국제협력 ····························································377
11. 유치장 ································································377
12. 경찰장비의 사용 ··················································377
13. 경찰장구의 사용 ··················································378
14. 분사기 및 최루탄의 사용 ······································379
15. 무기의 사용 ························································379
16. 경찰착용기록 장치 ···············································382
17. 사용기록 보관 ·····················································383
18. 손실보상 ····························································383
19. 범인검거 등 공로자 보상 ······································386
20. 소송지원 ····························································388
21. 직무수행으로 인한 형의 감면 ································388
22. 벌칙 ····································································388

제6절 「위해성 경찰장비의 사용기준 등에 관한 규정」 ·····389

제7절 행정절차법 ·······················································402
1. 총칙 ······································································402
2. 처분 ······································································404
3. 신고, 확약 및 위반사실 등의 공표 등 ························409
4. 행정상 입법예고 ····················································411
5. 행정예고 ·······························································411
6. 행정지도 ·······························································412
7. 비용의 부담 ···························································412

제8절 「공공기관의 정보공개에 관한 법률」과 「개인정보보호법」
·······································································413
1. 「공공기관의 정보공개에 관한 법률」 ·························413
2. 「개인정보 보호법」 ·················································419

제6장 행정의 실효성 확보수단 ····························427

제1절 개관 ·································································427

제2절 행정강제 ···························································428
1. 의의 ······································································428
2. 행정상 강제집행 ····················································428
3. 행정상 즉시강제 ····················································433

제3절 행정벌 ······························································438
1. 의의 ······································································438
2. 행정형벌 ·······························································439
3. 행정질서벌 ····························································442

제4절 새로운 의무이행확보수단 ···································447
1. 과징금 ··································································447
2. 위반사실등의 공표 ·················································448
3. 가산세 ··································································448

제7장 행정구제법 ··················································449

제1절 행정상 손해배상(국가배상) ·································449
1. 개설 ······································································449
2. 공무원의 위법한 직무행위로 인한 손해배상 ··············449
3. 영조물의 설치·관리상의 하자로 인한 손해배상 ·········455
4. 배상청구절차 ·························································457

제2절 손실보상 ···························································458
1. 의의 ······································································458
2. 손실보상의 근거 ····················································458
3. 손실보상의 요건 ····················································458
4. 손실보상의 기준 - 정당한 보상 ·······························458

제3절 행정심판 ···························································459
1. 행정심판의 의의 ····················································459
2. 「행정심판법」상의 행정심판의 종류 ··························459
3. 특별행정심판 등 ····················································459
4. 행정심판의 대상 ····················································459
5. 행정심판기관－행정심판위원회 ·······························460
6. 행정심판의 당사자 ·················································461
7. 행정심판청구 ·························································461
8. 행정심판청구의 효과 ··············································462
9. 행정심판의 심리 및 재결 ·········································463
10. 행정심판에 대한 불복 ···········································466

제4절 행정소송 ···························································467
1. 의의 ······································································467
2. 행정소송의 종류 ····················································467
3. 취소소송 ·······························································467
4. 무효등확인소송 ······················································471
5. 부작위위법확인소송 ···············································472
6. 당사자소송 ····························································472
7. 객관적 소송 ···························································472

제8장 범죄피해자 보호 ·········································473

제1절 범죄피해자 보호법 ·············································473
제2절 각 개별법상 피해자보호 ·····································477
1. 「인신매매등방지 및 피해자보호 등에 관한 법률」상 ‘피해자
보호’ ····································································477
2. 「성폭력방지 및 피해자보호 등에 관한 법률」상 ‘피해자 보호’
············································································478
3. 「가정폭력방지 및 피해자보호 등에 관한 법률」상 ‘피해자
보호’ ····································································479
4. 「스토킹방지 및 피해자보호 등에 관한 법률」상 ‘피해자 보호’
············································································480
5. 「여성폭력방지기본법」상 ‘피해자 보호’ ····················481

제5편 │ 경찰행정학

제1장 경찰관리일반론 ··········································484

제1절 경찰관리의 의의 ················································484

제2절 경찰관리자 ·······················································484
1. 의의 ······································································484
2. 관리자의 유형 ························································484

제3절 경찰기획과 정책결정 ·········································485
1. 경찰기획 ·······························································485
2. 정책결정 ·······························································485

제2장 경찰조직관리 ··············································486

제1절 경찰조직상의 이념 ·············································486

제2절 관료제 ······························································486
1. 이념형 관료제의 구조적 특성(M. Weber) ················486
2. 관료제의 문제점(Robert K. Merton) ······················487

제3절 경찰조직의 편성원리 ·········································488
1. 계층제의 원리 ························································488
2. 통솔범위의 원리 ····················································488
3. 명령통일의 원리 ····················································489
4. 분업의 원리 ···························································490
5. 조정과 통합의 원리 ················································490

제4절 경찰조직관리이론 ··············································492
1. 동기부여이론 ·························································492
2. 목표에 의한 관리(MBO：Management By Objective)
············································································496
3. 총체적 품질관리(Total Quality Management) ·······496

제5절 경찰개혁 ···························································497
1. 행정개혁 ·······························································497
2. 개혁에 대한 저항과 극복방안 ··································497

제3장 경찰인사관리 ··············································498

제1절 의의 및 목적 ·····················································498
1. 의의 ······································································498
2. 인사관리의 목적 ····················································498

제2절 인사행정의 2대원칙(엽관주의·실적주의) ·············498
1. 의의 ······································································498
2. 장·단점 ·································································499
3. 양자의 조화 ···························································499

제3절 직업공무원제도 ·················································500
1. 의의 ······································································500
2. 특징 ······································································500
3. 직업공무원제도 확립요건 ········································500
4. 직업공무원제도의 장단점 ········································500

제4절 공직의 분류 ······················································501
1. 계급제와 직위분류제의 의의 및 특징 ························501
2. 계급제와 직위분류제의 비교 ···································501
3. 우리나라의 계급제와 직위분류제 ·····························502

제5절 근무성적평정 ····················································502
1. 의의 ······································································502
2. 관련법령 ·······························································502

제6절 다면평가제 ·······················································50