• Korean Security Journal
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• no.21
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• pp.177-199
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• 2009

In this study, I would try to observe the scopes and related matters of the authority of private security personnel based on the basic discussion about the identity of private security. Everybody knows, the problems of private personnel have been mainly discussed in the relations of the public police. Because the roles of private personnel are similar to the police, and in the perspective of the law, private security are regulated by the police. When we compared with the police, the scopes of authorities of private personnel are considered in several points. First, most private personnel are just only 'citizen', so they can exercise the authority as citizen. It can include self-defense, self-help. flagrante delicto arrest. But when discuss the authority in the scopes of a possessionary right or managemental right, the authority of private personnel can be extended somewhat. Moreover, when private personnel are delegated by the special laws, their authority are extended much more. Finally, when the whole authority are delegated by such as the privatization, private personnel authority can be nearly same to the police. But, it can be considered that the degrees of the delegated authority are flexible. And the exercise of the authority must be performed in the limit that not infringe the individual freedom and rights. It seems to me that the degrees of fairness in use of authorities and it's a permitted limit are set forth a premise not only the legitimate base but also judicial judgement. Therefore, the attitudes of the courts related the exercise of authority are very important. And the growth of private security and the extension of authority followed are inevitably accompany the various problems of responsibility, so it must be considered about that in many perspectives.

• Convergence Security Journal
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• v.15 no.6_2
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• pp.19-28
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• 2015

Recently in the condition of increasing of cruel-hearted crime, it is limited to keep the community safe by only police force and expanding role of private security is required. But current private security law and relation law have many delimitations. So reinforcing of Private security capabilities is needed and several measures are required. Integration of private security law and private police guards is the foundation of rule introduced of specific rights of private guards. Also authority of the private security should be ruled in private security law to prepare the conditions of performed guard duties. In relation to this, questioning of a suspicious person by a patrolman should be granted to the private security. Strengthening authority of private security can be helpful in preventing crime and policing.

• Korean Security Journal
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• no.26
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• pp.59-87
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• 2011

Security Business Act of Korea is leaning toward the aspect of regulation, while it provides few provisions about vesting the authority, which causes problems such as legal loopholes to be raised in regard to the rules about authorizing the private security personnel to perform security affairs properly and defining the limit of power. So, it should be done to interpret the law in order to draw the legal basis of empowering as well as to set limits of the authority of security main agent, and Article 7, Section 1, of Security Business Act is the very provision that involves the legal basis. In the scope of 'Management Power', the statutory authority in the first clause of Article 7 of Security Business Act, the security personnel can use force for self-defense, defense of others and property, and prevention of crimes. In addition, the powers of interrogation, access control, and eviction notice are involved in its scope. The private security personnel as the occupation assistant can take precautions and if the infringement on the benefit and protection of the law is imminent or done, he or she can use force within the limits of the passive resistance and the means of defiance on the basis of 'Management Power'. The private security personnel, however, can exercise the force only if the necessary conditions of legal defense, emergency evacuation, and legitimate act of criminal law are fulfilled.

• Korean Security Journal
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• no.13
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• pp.327-350
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• 2007

Art. 2 Abs. 1 GG sch${\ddot{u}}$tzt umfassend die allgemeine Handlungsfreiheit. Daher bed${\ddot{u}}$rfen private Handlungen grunds${\ddot{a}}$tzlich keiner gesetzlichen Erm${\ddot{a}}$chtigungsgrundlage. Dies gilt selbstverst${\ddot{a}}$ndlich auch fur die Unternehmen der Bewachungsbranche. Allerdings ist es bei der Aus${\ddot{u}}$bung der Bewachungsaufgabe typisch, mit Strafe oder zumindest Schadensersatzpflicht sanktionierte Tatbest${\ddot{a}}$nde zum Nachteil Dritter zu verwirklichen. F${\ddot{u}}$r solche F${\ddot{a}}$lle stehen den Bewachungspersonen m${\ddot{o}}$glicherweise Rechtfertigungsgr${\ddot{u}}$nde zur Seite. Dadurch wird ein ansonsten rechtswidriges Handeln rechtm${\ddot{a}}$${\ss}$ig und so wird im Ergebnis eine Strafbarkeit (wie auch eine Schadensersatzpflicht) ausgeschlossen. Dabei wird klargestellt, dass dem Sicherheitsgewerbe au${\ss}$er in den F${\ddot{a}}$llen der gesetzlichen ${\ddot{U}}$bertragung der hoheitlichen Befugnisse nur die vom Auftraggeber vertraglich ${\ddot{u}}$bertragenen privatrechtlichen Befugnisse sowie die Jedermannsrechte zustehen Au${\ss}$erdem soll im Rahmen der Privatisierung der Gefahrenabwehraufgaben auf solche spezialgesetzlichen Regelungen hingewiesen werden, bei denen Bewachungspersonen mit der hoheitlichen Wahrnehmung bestimmter Sicherheitsaufgaben betraut, d.h. dazu befugt sind, Sicherheitsaufgaben in den Handlungsformen des ${\ddot{O}}$ffentlichen Rechts 면켜${\ddot{u}}$ben. In der koeranischen Literatur ist die Handlungsgrundlage des Bewachungspersonals bis jetzt kaum n${\ddot{a}}$her untersucht. Im allgemeinen werden strafrechtliche Rechtferigungsgr${\ddot{u}}$nde, z.B. Notwehr, Notstand und Selbsthilfe, als dabei anwendbare Normen anerkannt. In dieser Arbeit wird festgestellt, dass die privaten Sicherheitsdienstleister in beiden L${\ddot{a}}$ndern durch die Gewerbegenehmigung au${\ss}$er in den F${\ddot{a}}$llen der Beleihung keine hoheitlichen Befugnisse erhalten. Als Handlungsgrundlage kommen nur die allgemeinen Not- und Jedermannsrechte im Rahmen von Straf-Strafprozess- bzw. Zivilrecht in Betracht.

• Convergence Security Journal
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• v.14 no.1
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• pp.43-50
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• 2014

Private security guards are not given special legal privileges to the general public, and holds the same legal status. However, the private security industry has been the expansion of business areas, but some legal rights to bring a limited time you can claim that. In this study, major countries such as Japan, the United States and comparative analysis of the legal status of the security guards and private security guards in Korea about the legal status of the current law on the guards private security law Korea by analyzing the legal status of private security guards to the issue of the legal status and thereby derive an alternative proposes a purpose.

• Korean Security Journal
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• no.44
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• pp.251-278
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• 2015

Registered security guards carry out police duties as civilian police who are in charge of security service, and so they have a two-fold status: a civilian in terms of a social standing and a policeman in the way that they execute the authority of security. The problem caused by this legal position is that their legal rights and obligation can be unclear in the task-action and working relationship. This paper attempts to study their functions, rights, and legal duties through the interpretation of the related positive law so as to reveal the problems that may spring from this ambiguous status of registered security guards. This endeavor illuminates their legal status specified in the positive law in and around the Act on the police assigned for special guard, observing their functions and the legal duties in the pursuit of their tasks, and ending up pointing out the problems of the positive law. As a result of research work, the most significant problems, even if multifarious, are the avoidance of the state reparation in the responsibility for the illegal behavior in connection with their operation; the unconstitutionality of the disciplinary punishment regulation originated from the entrust with full powers; the imperfection of the rules about the cooperative ties with the police; the possibility of human rights abuse caused by the ban on the labor dispute; the equality problems from the dual pay system; and the inadequacy of the codes about the recruitment qualification and method. This research is intended to help achieve the purpose of the security of national critical facilities through the smooth execute of duties as well as the protection of the guards' rights. Besides, the key focuses posed in this paper are worthy of being developed more accurately through the following researches.

• Korean Security Journal
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• no.10
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• pp.273-292
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• 2005

The purpose of this study was to delve into all sorts of literature concerned in a bid to suggest how the Public Law Enforcement and private Security sector could join forces in preventing crimes and guaranteeing the safety of people. Quite naturally, crime has increased greatly to become one of the major social problems. Crime has been conventionally recognized as 'something' to be prevented and controlled by public law enforcement. However, the rate of crime increase has been so rapid that public law enforcement alone could not effectively control the everincreasing and diversified crimes in our society. To serve as a qualified partner for the police, private security industry should strive to secure excellent manpower and provide education for workers to improve their qualifications. Specifically, they should put sustained efforts into diversifying the types of security business and creating a new market to extend their scope of business and become more competitive. Intensified collaboration between the Public Law Enforcement and private Security security sector is expected to create new synergy in addressing people's needs for safety and enhancing their quality of life.

• The Journal of the Korea Contents Association
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• v.14 no.9
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• pp.227-235
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• 2014

The private security has achieved a rapid growth by playing an important role in supporting the public security. However, there are some negative results of this rapid growth. Violence committed by the private security is the biggest problem among them. This study discuss the necessity of eradicating violence committed by the private security, present some violence cases, and find solutions to the problem resulting from the cases. If violence committed by the private security is not eradicated, advancement in the private security service industry can not be expected. This study suggests the three possible solutions: reinforcing regulations restricting violence committed by the private security; strenthening the responsibility of the private security company (employer) for supervision and management on the private security guard (employee); establishing the philosophical identity of security service.

• Convergence Security Journal
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• v.15 no.6_2
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• pp.65-78
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• 2015

This paper aims to draw practical measures for the Protection of the Rights of the private security guards. The results of the analysis, and presents the legal definition if need be introduced for the protection of private security guards right, are as follows. First, it must be established in Private Security Act the basic provisions that assure the economic status of the private security guards. Secondly, there is a need to clearly define the scope of authority of private security guards. Third, there is a need to clarify the scope of physical force or power in the regulations relating to the duty of the private security guards. This provision during the "displayed its power", there is a possibility that is too arbitrary interpretation, it must be deleted. Fourth, it must be established by weighting penalties for assault of a private security guards. Finally, Private Security Act and the Petition Police Act has a difference in personality and the purpose of the enactment. So it is not desirable to be directly applied to private security guards the provisions that apply to the petition police.

• Korean Security Journal
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• no.25
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• pp.63-87
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• 2010

Our society nowadays sees the increase in damage from crime on lives and properties by leaps and bounds in line with the economic take-off, and as a result, the raise of individual income. When considering such a hike in crime, it is desirable that the police framework be enhanced. However, thanks to the failure to correspond to this, it could be safely said that a good portion of accountability was shifted to the private security industry in regard to security for the people. Accordingly, the request for escort security business is on the increase regarding expansion and improvement about this industrial sector. As such, it is necessary to get the related system rearranged for authority on the part of escort guards, who are directly exposed to numerous crimes. On top of this, dispersion is required for the escort security businesses centralized in the metropolitan area. It is also necessary for the security guard system to be strengthened and disintegrated into details so that the escort security services are available to people in more safe and easily manners than ever before. When the qualification regime is operated based on this refreshed system, the efficient escort security work would be realized. The dichotomy into act on Special Security Guard and act on Security Business should be dealt with once again for integration as an issue on the front burner in the academic area, and through which the escort security market could be fit for the globalization as well. This paper would provide the solution that leads to more professional and efficient results from comprehension of progress situations in reality by starting from the concept on private security to the analysis of the conditions in this industrial sector.