Police officer discipline and appeal system in South Korea: focusing on police officer discipline under the Myung-bak Lee (MB) administration from 2008 to 2012

Abstract

This study seeks to explore the role of the appeal system in the police officer discipline process and to analyse the impact of the appeal on disciplinary decision or corrective action at the individual level. We conducted this investigation by using empirical models with approximately 5500 samples collected in South Korea. Before exploring the role of the appeal system and empirically analysing its impact on disciplinary decisions, this study reviews the literature on public official discipline and appeal procedures, provides an overview of the recent police officer discipline and appeal process and describes the distribution of the number of discipline and appeals, by breach type and year, in South Korea. To analyse the impact of appeal on disciplinary decisions, this study accounts for various characteristics which are believed to affect disciplinary decisions. Results from the logistic regression and ordinary least squares regression model indicate that a higher level of disciplinary action is related to the likelihood of an individual taking an appeal which is subsequently attenuated. The results also show that suspension and dismissal for the misconduct of police officers are more attenuated than other disciplinary decisions. Findings reveal strong support for the hypothesised impact of the appeal system on the disciplinary decision at the individual level. These findings have important implications for the direction of reform for the current appeal system and police officer disciplinary system in South Korea as well as for future research.

Keywords:

• police officer discipline
• appeal system
• appeals commission

Funding

This work was supported by the Catholic University of Daegu [grant number 20141102].

Notes

1. For civil servants in public service, there are general regulations that they must adhere to as workers who serve the citizens. These regulations include (1) accomplishing responsibilities creatively and diligently in order to implement the duties in a democratic and efficient manner, (2) establishing work discipline by obeying legislation and official orders while respecting order, (3) processing work in a kind and fair manner, (4) safeguarding confidential information that was revealed while executing duties and (5) including criteria such as putting on decent attire while on duty to maintain dignity; civil workers who work in special positions must wear uniforms.

2. Marenin and Caparini (2005) argued that ‘if managed correctly, integrity will lead to rule-governed actions by the police; they will act in non-arbitrary ways, without discrimination, malfeasance, corruption, or abuse of power’.

3. According to Kaptein and von Reenen (2001), Marenin and Caparini (2005), Ivkovic′ and Shelley (2007, 2010), Ivkovic′ and Kang (2012) and Meyer et al. (2013), developing and maintaining the culture of integrity are very important to police democratisation.

4. Although the literature has provided results that have helped guide police, there are still large gaps in our understanding of the relationship between police misconduct and disciplinary action in Korea. Most previous studies examining the relationship between public officer misconduct and disciplinary actions have focused on descriptions of the Police Officers Act and theoretical issues. Recently, Ivkovic′ and Kang (2012) have examined the contours of police integrity among Koran police officers a decade after police reform was started.

5. The various definitions of police misconduct vary to the extent they include or exclude certain kinds of misconduct (Lamboo 2010).

6. In particular, corruption and other kinds of misconducts are endemic to police cultures across the globe (Gottschalk et al. 2012).

7. Appeal against a disciplinary action is the remedial measure for government officials who are against discipline or opinions of unreasonable suspension and omission, and is perceived as the system which reviews and decides on the request of the appeals. It has characteristics of a special administrative appeal as the remedial procedure for suspension of the government official.

8. Dean et al. (2010) and Gottschalk (2012) propose the conceptual framework seeking to address the lack of an adequately formulated framework in the literature of the breadth and depth of police misconduct and crime.

9. Neglect of duties, Violation of service regulation, Detrimental act of dignity, Shoddy treatment, and Bribery are five types of misconduct. In addition, dereliction of duties and insufficient supervision are included; violation of duties for Police Officers Acts, violation of instructions by the Chief of Korean National Police Agency and commander, violation for debit payment for rice and violation of property registration are included in the violation of service regulation; sex-related cases (public criticism), family conflicts, mutiny (physical and verbal violence), drunk driving and various civil complaints are included in the detrimental act of dignity; shoddy treatment refers to unjust treatment of various cases including case investigation such as accusation, female adolescents and treatment of intermittent duties (life safety). Here, the reduction or expansion of the case, manipulation caused by the victim or the inflictor and poor task abilities are included; for bribery, being treated or receiving bribery from personnel involved with the duties or subordinates as well as cases of misconduct after receiving bribery are included.

10. Hickman et al. (2000) suggest that there is an observed gender disproportionality in police discipline punishment rates.

11. Crank and Giacomazzi (2007) suggest that some community factors appeared to provide limits on the extent to which the police could respond to dissatisfaction with their services. Hwang (2008) also assesses the difference in the factors that affect the job satisfaction of officers in metropolitan cities and smaller areas. Therefore, resident area is one of important factors of police officer's misconducts.

12. Wolfe and Piquero (2011) suggest that organisation factor is one of the important causes of police officer misconducts.

Additional information

Funding

Funding: This work was supported by the Catholic University of Daegu [grant number 20141102].