The National Assembly's Public Administration and Safety Committee approved a revision to the Act on the Performance of Duties by Police Officers on Monday, establishing a clause exempting police officers from criminal liability. Officers have been granted immunity from civil liability so far in relation to their duties, but have not been free from criminal liability.
If this amendment passes the Assembly's plenary session this month, officers will be exempt from criminal liability or see their liability mitigated if their actions were inevitable to protect people's lives and health, without intentional or gross negligence. This will effectively enable officers to use a Taser or firearms, if necessary, when confronting criminals.
The rationale behind this legislation is exemplified by a mid-November incident in Incheon, west of Seoul, in which two officers failed to perform their duties appropriately. They were armed with at least Tasers but left the scene without using them. As a result, the assailant stabbed a woman in the neck and injured her daughter. The woman has yet to regain consciousness following surgery.
The incident prompted the officers to face criticism for their passive policing at the crime scene, but the potential for criminal liability arising from the absence of an immunity clause has been a deterrent, stopping officers from using force. So immunity may be necessary in order for officers to do their dangerous jobs without fear of being held criminally liable.
Yet there is strong opposition to the legislation. What's most worrisome is the possible abuse of police power. At a time when the police have had their investigative power enhanced as part of reforming the prosecution, granting them greater immunity from criminal liability might lead to human rights violations. In fact, the more pressing issue, over and above the immunity legislation, is a fundamental reform of the police force. The direction of this reform must be to boost the morale of “frontline” officers by giving them additional support. It's also imperative to hire qualified officers with the right mental attitude and a good degree of physical fitness.