NHRCK decides that shooting a gas gun without any prior warning which is incompatible with Police Equipment Management Guidelines constitutes human rights violation and thus made a recommendation to the Chief of the “A” police station to hold a training session for the defendant on the guidelines
A petitioner, Mr. Kim (38) stated “even though I had a piece of broken glass bottle and entered the police station as a sign of protest against the investigation result of my case, I did not intend to hurt anybody. However, the police shoot a gas gun without any prior warning.” and presented a petition before NHRCK on May 2012.
The police said that shooting a gas gun was appropriate for the safety of staff and the prevention of self-injury of the petition in accordance with the Act on the Performance of Duties by Police Officers because the petitioner made a scene in the police station while drunken and topless with a piece of glass. After this, the petitioner was claimed to be sent to a summary trial under Article 1 paragraph 25 of the Punishment of Minor Offenses Act.
NHRCK notes that the inevitable situation which required a gas gun is recognizable and it is not socially acceptable that the petitioner made a fuss in the police station with a piece of broken glass bottle.
However, the police officer should exercise his/her power within the minimum extent and not overuse it. Furthermore, in accordance with safety regulations of the Police Equipment Management Guidelines, a police officer could have warned the petitioner to discontinue such threatening behavior and used the gas gun in case he did not take the warning.
However, NHRCK takes note that shooting a gas gun without a prior caution in a situation where imminent danger does not exist and thus allow a moment of warning is against safety regulations of Article 133 paragraph 2 of the Police Equipment Management Guidelines and due process of law violating personal freedom ensured by Article 12 of the Constitution. In this regard, NHRCK recommended holding a job training course for the policeman who shot the gas gun.
