• Title/Summary/Keyword: Private Security Business Act

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Learning from the Licensing and Training Requirements of the USA Private Security Industry : focused on the Private Security Officer Employment Authorization Act & California System (미국의 민간경비 자격 및 교육훈련 제도에 관한 연구 - 민간경비원고용인가법(PSOEAA) 및 캘리포니아 주(州) 제도 중심으로 -)

  • Lee, Seong-Ki;Kim, Hak-Kyong
    • Korean Security Journal
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    • no.33
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    • pp.197-228
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    • 2012
  • The private security industry in Korea has rapidly proliferated. While the industry has grown quickly, though, private security officers have recently been implicated in incidents involving violence, demonstrating an urgent need for systematic reform and regulation of private security practices in Korea. Due to its quasi-public service character, the industry also risks losing the public's favor if it is not quickly disciplined and brought under legitimate government regulation: the industry needs professional standards for conduct and qualification for employment of security officers. This paper shares insights for the reform of the Korean private security industry through a study of the licensing and training requirements for private security businesses in the United States, mainly focusing on the Private Security Officer Employment Authorization Act (hereinafter the PSOEAA) and the California system. According to the PSOEAA, aspiring security officers shall submit to a criminal background check (a check of the applicants' criminal records). Applicants' criminal records should include not only felony convictions but also any other moral turpitude offenses (involving dishonesty, false statement, and information on pending cases). The PSOEAA also allows businesses to do background checks of their employees every twelve months, enabling the employers to make sure that their employees remain qualified for their security jobs during their employment. It also must be mentioned that the state of California, for effective management of its private security sector, has established a professional government authority, the Bureau of Security and Investigative Services, a tacit recognition that the private security industry needs to be thoroughly, professionally, and actively managed by a professional government authority. The American system provides a workable model for the Korean private security industry. First, this paper argues that the Korean private security industry should implement a more strict criminal background check system similar to that required by the PSOEAA. Second, it recommends that an independent professional government authority be established to oversee and enforce regulation of Korea's private security industry. Finally, this article suggests that education and training course be implemented to provide both diverse training as well as specialization and phasing.

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A study on the improvement of BCM industry through legal systems (BCM(재해경감활동관리)산업 활성화를 위한 법·제도 개선 방안 연구)

  • Han, Jong-U
    • Disaster and Security
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    • v.5 no.1
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    • pp.93-100
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    • 2015
  • Although many years passed since 'The Legislative bill on the support of voluntary activities of enterprises for disaster reduction'(hereinafter referred to as 'enterprise disaster reduction act') has been first enacted in 2007, BCMS is still not activated in our society. In contrast, after 911 Terror, importance of BCM is getting magnified and standardization research & institutionalization i s a lso proceeding i all over world. Lately, Disaster preventing activities is urgently needed like the sinking of 'Sewol ferry'. So the purpose of this paper is proposed for establishment of 'BCMS' and activation of the certificate system for Best-Run Business by analyzing the problem of 'enterprise disaster reduction act' and weak of activation as following. First, propel changing the policy of self-regulated participation to mandatory about the certificate system for Best-Run Business from public entity to government ministry and it is able to activate by propelling demo business of the certificate system for Best-Run Business. Second, public entity that has been given the certificate system for Best-Run Business by affiliating with Disaster Management Assessment of government management can be exempted from Disaster Management Assessment or those entity can arrange for connectivity acquisition method of 'Excellent rate'. Third, to publicize the activation of the law mentioned above, makes public entity r ecognizable by incorporating 'BCMS' into National safety management plan and establishment of National critical infrastructures security plan. Fourth, it should be reviewed to improving the related act regarding to inclusion of public organizations as well as private enterprises.

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A study on The Private Investigator usage for Enterprise Security Activity: Focusing on countermeasure to the Industrial Spy (민간조사원(탐정)을 활용한 기업보안활동의 강화방안: 산업 스파이에 대한 대응방안을 중심으로)

  • Sin, Sung-Gyun;Park, Sang-Jin
    • Korean Security Journal
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    • no.20
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    • pp.199-228
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    • 2009
  • National security of post cold-war since 1990's shift that conception of the national security transfer traditional military strength to economic strength. Accordingly, the national interest about how to protect the of the high-technology industry enterprises has become contentious social issue. The U.S. and advanced countries promote the policy to protect The United State's Economic Espionage Act(EEA). The Korea reaching to high level a field at IT, Shipbuilding, Steel, Automobile Industry and huge capital investment to high-technology & development. But, systematic industry security activity not an unfold. So private investigator collect the evidence and information of business case for prevent danger is efficient. The private investigator system, deal with the matter efficiently, will good system to prevent economic loss of business, state and nation through make a good use in business crime that machinery of law difficult to intervene. This article countermeasure about industry spy through make a good use of private investigator.

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A Study on Period Division According to Overall Revision of 「Security Services Industry Act」 (「경비업법」제·개정에 따른 민간경비의 시대적 구분)

  • Park, Su Hyeon;Kim, Byung Tae;Choi, Dong
    • Korean Security Journal
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    • no.58
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    • pp.195-213
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    • 2019
  • 「Security Services Industry Act」made in 1976 for the purpose of contributing to the good operation of services industry by establishing the requirements for promotion, development and systematic management of services industry has been since 26 times of overall revisions. Period division of private security through overall revision of 「Security Services Industry Act」 can be roughly divided into three periods. The first is a settlement period. It is a period when the present five business areas were completed rom 1976 to 2001. Beginning with facility and escort security in 1996, five types of jobs have been prepared. so far by adding personal protection in 1996, and machine and special security in 2001. The second is a quantitative growth period. It is a period when quantitative development is made on the institutional basis. As various culture, sports and arts events are increasing based on the demand of security services due to an increase in the people's sense of security, quantitative development was made, which additionally influenced the downward trend of capital and the possibility of having two jobs through revisions. The third is a qualitative growth period. From 2013 to the present is a period when quantitative growth has slowed and qualitative growth has been made. After the period of quantitative growth, the growth slowed down. However, by raising the criteria for permission of services industry through creation of a rule for the group civil petition, by raising capital, by institutionally compensating for diverse punishment regulations, by realizing the training hours for new security guards, by permitting private education, etc, the reliability and professionality of a security guard job has been to be recovered.

A Study on Act on Certified Detective and Certified Detective Business (공인탐정 관련 법률(안)의 문제점과 개선방안에 관한 연구)

  • Kim, Bong-Soo;Choo, Bong-Jo
    • Korean Security Journal
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    • no.61
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    • pp.285-305
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    • 2019
  • In the bill of [Act on Certified Detective and Certified Detective Business] (hereinafter referred to as the Certified Detective Act) proposed and represented by the member of National Assembly, Lee Wan-Yong in 2017, the legislative point of view showed that various incidents and accidents, including new crimes, are frequently increasing as society develops and becomes more complex, however, it is not possible to solve all the incidents and accidents with the investigation force of the state alone due to manpower and budget, and therefore, a certified detective or private investigator are required. According to the decision of the Constitutional Court in June 2018, Article 40 (4) of the Act on the Use and Protection of Credit Information is concerned with 'finding the location and contact information of a specific person or investigating privacy other than commerce relations such as financial transactions' are prohibited. It is for the purpose of preventing illegal acts in the process of investigation such as the location, contact information, and the privacy of a specific person and protecting the privacy and tranquility of personal privacy from misuse and abuse of the personal information etc. Such 'privacy investigation business' currently operates in the form of self-employment business, which becomes a social issue as some companies illegally collect and provide such privacy information by using illegal cameras or vehicle location trackers and also comes to be the objects of clampdown of the investigative agency. Considering this reality, because it is difficult to find a resolution to materialize the legislative purpose of the Act on the use and protection of credit information other than prohibiting 'investigation business including privacy etc' and it is possible to run a similar type of business as a detective business in the scope that the laws of credit research business, security service business, the position of the Constitutional Court is that 'the ban on the investigations of privacy etc' does not infringe the claimant's freedom to choose a job. In addition to this decision, the precedent positions of the Constitutional Court have been that, in principle, the legislative regulation of a particular occupation was a matter of legislative policy determined by the legislator's political, economic and social considerations, unless otherwise there were any special circumstances, and. the Constitutional Court also widely recognized the legislative formation rights of legislators in the qualifications system related to the freedom of a job. In this regard, this study examines the problems and improvement plans of the certified detective system, focusing on the certified detective bill recently under discussion, and tries to establish a legal basis for the certified detective and certified detective business, in order to cultivate and institutionalize the certified detective business, and to suggest methodologies to seek for the development of the businesses and protect the rights of the people.

Strengthening the Legal Basis for Security Rule to Protect Technology and Trade Secrets for Small Businesses (중소기업의 기술 및 영업비밀 보호에 대한 보안규정의 법적 근거 강화방안)

  • Ahn, Sang Soo;Lee, Jung hun;Son, Seung Woo
    • Korean small business review
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    • v.42 no.1
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    • pp.57-77
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    • 2020
  • In Korea, various schemes have been implemented to prevent the outflow of technology, but they do not bring practical effects. In general, we focus on follow-up measures such as strong punishment in case of violation of the law. In terms of proactive prevention, it is not shown to have any real preventive effect, even though it includes such matters as imposing security measures on companies or conducting a survey. this paper examines the need to strengthen the protection of business secrets by reviewing the employment rules between companies and workers presented in the Labor Relations Act and the Labor Standards Act as a realistic alternative. In most companies, even though the employment rule is the highest standard of private regulations, the employment rule has no matters on the prevention and protection of technology leakage. The employment rules require all employees working for companies to agree and notify in the Labor Standards Act, so it is necessary to reflect them as standards in the standard employment rules because it shows that all employees of the company can have a common sense of security and present legal compliance with security-related documents, such as security pledges and security-related guidelines and procedures.

The Private Security Officer ' Actual Condition of First-Aid Education (민간경비원의 응급처치 교육에 대한 실태조사)

  • Kim, Hyun-Ho;Kang, Hyeon
    • Korean Security Journal
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    • no.51
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    • pp.275-290
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    • 2017
  • Since the establishment of Security Business Act in 1976, the Korean private security industry has rapidly grown in the qualitative and quantitative aspects. In the circumstance, various roles of private security guards have been demanded. A private security guard as the first contactor of the users of multi-use facilities should first find an accident field situation and make a response when an accident occurs, and should give first aid as most as possible until emergency medical workers arrive. However, there is a lack of first-aid education for the private security guards who are responsible for the safety of facility users. Therefore, the purpose of this study is first to find how many times private security guards have job and first-aid education, and analyze how the education count influences their first-aid ability; secondly to analyze how private security guards' satisfaction with first-aid education influences their first-aid ability. To achieve the purpose, this researcher conducted a questionnaire survey on first-aid ability of the private security guards working in the metropolitan areas. For data analysis, Stata se/ 14.0ver was applied. For the analysis on validity and reliability, exploratory factor analysis was conducted and a Cronbach's a value was drawn. To find the actual conditions of first-aid education, frequency analysis, inter-group difference analysis, and multi-regression analysis were conducted. According to the data analysis, there were not enough times of job education and first-aid education for private security guards, and their satisfaction with first-aid education and first-aid ability were difference depending on the job and first-aid education counts. Also, their satisfaction with first-aid education partially influenced their first-aid ability.

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A Research on Institution's Countermeasure for Personal Information Protection Act Based on the Examples of Performing the Privacy Impact Assessment (개인정보 영향평가 수행 사례에 기반한 기관의 개인정보보호법 대응방안에 관한 연구)

  • Cho, Sung Kyu;Jun, Moon Seog
    • Journal of Korea Society of Digital Industry and Information Management
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    • v.8 no.1
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    • pp.89-98
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    • 2012
  • According to the enforcement of Personal Information Protection Act as of September 2011, the laws and regulations for the protection of personal information that were applied only to the certain sectors such as information & communication network, financial institutions, public sector etc. for the time being has been expanded to apply to all public and private sectors to process personal information. In particular, because the public institutions are obliged to be mandatorily conducted of the Privacy Impact Assessment, it will be enforced in earnest for each agency's informationization business that handles personal information. In this paper, I examine the most derived vulnerability and set up the improvement measure to supplement it with the examples of 10 of all the institutions conducting the Privacy Impact Assessment in the year 2011. And, I suggest the measures to be prepared by the institutions to observe the Personal Information Protection Act.

A Study on the Current Status and Development Plan of Private Security Industry (현행 민간경비업 관련법상의 문제점과 입법론적 고찰)

  • Kwon, Sang-Ro
    • Proceedings of the Korea Contents Association Conference
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    • 2006.05a
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    • pp.317-321
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    • 2006
  • Endless criminal act has serious effect on safety of the nation and lives of the citizens and it is causing major disorder in ruling of the nation and the society. Also internet generalization in public put country's information foundation on the latest trend on the other hand, due to lack of security concept, cyber crime is on the rise such as hacking and viruses. But with various crime occurrence and increased desire for safety of citizens, there is limit to provide high quality public security service with just police force and equipments. To solve the problems, advanced crime prevention system, not on the nation's level but on the private level was activated private security business some time ago. And now it has its firm place as a corresponding existence with crime prevention capability of police force. Still private security industry of Korea has relatively many weak points when compared with advanced countries and it should be backed up with improvement of the law and the system.

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A Study on the System of Private Investigation

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.1
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    • pp.167-174
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    • 2022
  • Since the Promotion Committee was established on March 25, 2021, urging the enactment of the Detective Business Act, many opinions and attention from all walks of life have been gathered. The Detective Business system, which is also one of the presidential pledges of the current 19th President Moon Jae In, is expected to be significant in that it can promote the development of a welfare state as well as efficient parts such as meeting the demand for security reinforcement services, improving the judicial system, and enhancing internationalization. In accordance with the consensus of the nine judges of the Constitutional Court that the lower part of Article 40 of the "Act on the Use and Protection of Credit Information" which prohibits the use of similar names such as investigating the general life of certain people does not violate the Constitution, detective work became possible regardless of the general life investigation. In particular, the detective job officially appeared on August 5, 2020, and it will be able to provide effective work services to the public by competing with prosecutors, police, and lawyers who have occupied exclusive positions in the field of a criminal investigations. However, although the role of detectives is gradually expanding and society is rapidly changing, illegal activities are prevalent throughout society, and more than 1,600 companies are currently operating suspiciously using the only name of "detectives", but the police are virtually letting go of the situation saying that they are "unauthorized.", and the damage is only going to the people, so at this point, the most worrisome thing is the absence of the law. Meanwhile, amid concerns over institutions overseeing illegal activities caused by the emergence of the detective industry, private security and detectives are similar to each other as in the United States, and it is expected to be able to gain public trust by entrusting the police in charge of managing and supervising private security companies. Therefore, at this time when most OECD countries except Korea legislate the Detective Business Act, prematurely allowing only the detective industry without enacting industry-related laws and systems can further fuel social confusion and hinder the detective industry along with the new fourth industry.