General Idea of Danger in Police Law

경찰법상 위험개념

  • Published : 2007.04.28


The exercise of police power for danger prevention gives top priority to the prevention of injury occurrence. However, the controversy over the concept of danger has hitherto focused on the limit establishment, namely which scope is to be a target of prevention in the danger prevention area of the Police Law. After all, the police's duty for maintaining public peace and order is forced to be peformed through individual measures for danger prevention, and the preventive police action, which aims at the prevention of danger against the protection interest in the Police Law, can be performed on the premise of a precise understanding of danger in order to carry out a legitimate preventive police action. In addition, it examines the legal meaning in each constitution element by dividing the minimum common components of danger into loss, sufficient probability and time accessibility, and the interpretation problem of danger as uncertainty concept.