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2025 장정훈 경찰학 기본서[3판]
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2025 장정훈 경찰학 기본서[3판]
도서소개

<교재의 특징>

- 법령・실무종합・기출 완벽대비

- 출제유형에 최적화된 핵심 내용정리

- 최근 개정 법률 반영


저자소개

장정훈

목차

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 ························

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  • 배송 방법 : 택배 (배송업체-CJ대한통운)
  • 배송 지역 : 전국지역 (군부대, 해외배송 제한)
  • 배송 비용 : 2,500원 (30,000원 이상 구매시 무료배송)
    ※ 최초 도서결제 후 묶음 배송을 위한 추가 결제 불가
  • 도서산간지방은 추가 배송비가 발생할 수 있습니다.
  • 군부대 지역의 경우 해당 군부대에 CJ대한통운 택배배송이 되는지 먼저 확인 후 주문을 해주시기 바랍니다. 일부 군부대 지역은 우체국 택배를 제외한 타택배사는 출입이 제한이 될 수 있습니다. (군부대 사서함 주소 사용 시 배송제한)
    ※ 유의사항 : 군부대 지역 배송 시 우체국 사서함 주소지를 제외하고, 정확한 지번/도로명 주소, 부대명칭 등 을 기재해 주셔야 합니다.
    예) 경기도 00군 00리 00번지(00도로명) 0000부대(사단, 연대, 대대 등) 00중대 일병 000
  • 배송기간 : 발송일로부터 1일~3일(72시간) [도서산간 지방은 2~3일 추가 소요]
    ※ 익일 배송완료를 원칙으로 하지만 택배사 사정에 따라 배송이 지연 될 수 있습니다.