A Study on Police Criminal Liability for the Abandonment of Dangerous Duties: A Focus on the Attempted Murder over Noise Complaints in Incheon, Korea

The bungled response by two police officers to an attempted murder over noise complaints in Incheon, Korea led to fierce criticism, distrust on the entire police force, dismissal and criminal charges of the officers, where a female officer left the crime scene after observing the assailant stabbing one of the three victims in the neck. The two police officers were found guilty of Abandonment of Duties, Article 122 of Criminal Act in Korea. Although the dereliction of dangerous duties by police officers may endanger the public security as noticed in the Incheon incident, Article 122 of Criminal Act in Korea penalizes no adverse effects on citizens caused by the abandonment of police duties. In this regard, the current study examined the level of punishment that imposes on military persons, fire officials and emergency medical personnel when they abandon duties in an effort to establish proper criminal liability levels for police officers. The present study discussed several policy implications including the revision of “Police Officials Act” to punish police officers who deserts the place or their duties with intent to evade a dangerous or important mission up to five years in prison. Furthermore, the current study proposed the necessity to punish police officers who evade performance of emergency medical services on crime scenes without justifiable grounds. Finally, the present study discussed the revision of “Act of the Performance of Duties by Police Officers” to make police officers responsible for the harms that result from their abandonment of duties in the Act.