• Title/Summary/Keyword: Private Security Regulation

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Private Security Regulation: A Comparative Study of South Korea and Mongolia (한국과 몽골의 경비업법 비교연구)

  • Lkhagvamm, G;Kang, Min-Wan
    • Korean Security Journal
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    • no.47
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    • pp.139-165
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    • 2016
  • In Mongolia, the regulation related to the private security industry, the Law on Contracted Private Security Services, was legislated relatively recently. The Law on Contracted Private Security Services was enacted into law in Mongolia 16 years ago, in 2000. This regulation has undergone two amendments since its inception. However, new revisions still need to be made to ensure that this regulation is in line with internationally accepted standards and practices. This paper compares the existing private security regulations of South Korea and Mongolia. The purpose of this comparative study was to identify the weaknesses of and problems in the Mongolian regulation and propose amendments to the Mongolian regulation. The comparative study of the two countries' regulations showed and underscored an imperative need to make further amendments to the Law on Contracted Private Security Services. Specifically, the weaknesses of and problems in the Mongolian regulation at issue include the following: the level of accuracy in defining certain legal terms and providing the proper names for various regulations; stipulations which set forth the procedure for registering a private security company; provisions regarding operating a private security company; the details of eligibility and accountability requirements concerning chief executives and security service officers; and the scope of work provisions. This study proposes constructive amendments to strengthen the Law on Contracted Private Security Services.

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Private Security of New York State and the Current Insight (뉴욕주의 민간경비제도와 시사점)

  • Ahn, Hwang Kwon
    • Convergence Security Journal
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    • v.17 no.4
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    • pp.79-87
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    • 2017
  • The U.S. security regulation is under the influence of each state's law; however, they are mostly similar. Among many states which has the longest history of security regulation in the U.S., state of New York has been shown security regulation for a long time. The state of New York has been emphasized the importance of security significantly because it is economically, culturally, and internationally important place at the same time. New York's state law of security business includes: 1. private investigators and bail enforcement agents and watch, guard or patrol agencies license law. 2. Security guard act of 1992~,3. Title 19 New York State's code of rules and regulation (NYCRR). The law of New York City's private security could inspire Korean private security law in many ways. First, administration of professional law and variety of licensure could be an inspiration to the Korean security services. Second, there are intimate partnership between police and private security in the U.S. New York police's private security partnership has been started since 1986 by Area Police/Private Security Liaison (APPL program) and there are about 1,300 of security companies participating. This program provides not only the simple partnership but also giving essential information for promoting public safety.

The Problem and the Proposal in Private Security Regulation (개정 경비업법령의 문제와 과제)

  • Kwon, Ahn Hwang
    • Convergence Security Journal
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    • v.15 no.1
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    • pp.91-104
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    • 2015
  • Korea Privative security regulation was enacted in 1976 and which was revised 18 times. But most of the revision was made by outer forces but not by for the law itself. Now more than 39 years since the law was enacted and 63 years modern private security method was adopted. In this point of time being requires well equipped private security regulation would be revised to match with much changed society. First, there is a problem with the current ways of education, written examination. Second, security guard supervisor examination subject should be revised, which means overlapped subjects must be eliminated. Third, collective civil petition place has to be arranged.

The assessment and political subject of Revised Security Industry Law (개정 경비업법의 평가와 정책과제)

  • Lee, Sang-Hun
    • Korean Security Journal
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    • no.36
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    • pp.349-386
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    • 2013
  • This research analyzes and evaluates The Korean Security Industry Law(TKSIL) putting the regulation of the present government about the private security industry. It nowadays becomes the important axis of the police services offered in the aspect of 'the national life safety' in connection with 'the materialization of society which is safe from the crime'. TKSIL is one of the national administration strategies which Park Gun-hye government aims on supervision policy. After seeking out the core values of the private security industrial policy which sets up in order to approach the national life safety which Park Gun-hye government aims, we make some assessments of this revised security industry law systematically. Particularly all keynote of policy about the private security of the police tried to be confirmed and the desirable direction of policy tries to be presented as to the security industry law application and real operation. In the site of organized civil complaint, the revised security industry law was revised as the direction which intensifies the administrative regulation as to the partial regulation such as it established the reason of the introduction of the arrangement license system. And grounds for disqualification of security instructor and guard, and rules of punishment is intensified order to intercept previously illegal and violent act of the security company etc. However it has the feature that it accomplishes 'the law principle(principle of statute)' the substantial portion through the effort of them changing a lot the content for the form of the law when being the clauses of the fundamental human rights limit, although it has been prescribed in "the security industry law enforcement ordinance" or "the security industry law enforced regulation". The security industry law revised this time brought from the change of the sharp policy through the revision of 17 clauses or new establishment. It can divide into 4 categorizes. (1) strictness of punishment in the site of organized civil complaint (2) Intensification of throwing out for the violation person in the private security business market time-limitedly (3) Intensification of the legal guide supervision power of police (4) upstream of the capital, name tag attachment under compulsion and the limit about other equipment use etc. Essentially "the security industry law" cannot help regulating the national interference of the private security and regulation with this content. However as to this interference and regulation, the limit has to be possible within reasonable range. As the history proved, excessive regulation by the country is not only due to bring the distortion of the security system of nation but also provoke national social cost. It can't be disregards ever that it premises the harmony which appropriate as well as reasonable in the socio-economic dimension for drawing the best combination that all things which get the compulsory education, it limits the person providing the private security service to the corporation, or it limits to the certificate of qualification holder are the ultimate for 'the safety of the national life'.

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A Study on Assuring the Effectiveness of Administrational Regulation and Supervision in Korea Private Security (민간경비에 대한 행정규제 및 감독의 실효성 확보 방안)

  • Lee, Sang-Chul;Shin, Sang-Min;Lee, Min-Hyong
    • Korean Security Journal
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    • no.12
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    • pp.245-269
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    • 2006
  • The suggestions that follow are about the device to assure the effectiveness of administrational regulation and supervision in Korean private security. First, government clearance should be reinforced. For this it is necessary that the qualification for security dealer-careers and academic backgrounds with security etc.- should be elucidated in Security Law. Also it should be achieved to increase the capital fund and to keep security guards for insuring substitutional manpower. Second, after legal permission governmental supervision should be done in quality by means of setting up the competent institutions independently. Third, the punishment for obtaining security license mendaciously, carrying out illegal or unfair task and assigning Security Guard Supervisors expediently should be strengthened. Also to prevent expedient acts it is necessary to prescribe illegal or unfair acts in the concrete in Security Law and violators should be legally responsible. Fourth, to lay the foundation for security industry itself and make up for perfunctory governmental direct System for Professional License (of private security guard) should come into effect.

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Exploration of Direction for Platform Business Application for Development of Private Security Guard service (민간경호경비업의 발전을 위한 플랫폼 비즈니스 적용의 방향성 탐색)

  • Jeong, Kwi Young;Kim, Doo Han
    • Convergence Security Journal
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    • v.15 no.6_2
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    • pp.99-106
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    • 2015
  • The purpose of this study was to explore the direction in applying platform business model to the site to facilitate the growth of a private security guard service according to the development phase of economy, The directions of platform business application to be suggested through the study method are as follows. First, ensuring publicness. It should be able to integrate the government's and private sector's ability to collect and impart information. Second, securing self-regulation. Self-regulation should be guaranteed in the limit not to abuse or misuse others' information in re-producing and using information on private safe management and public order. Third, ensuring access. Past safety management has been controlled by public order power such as nation, military and police power, but access should be made to be convenient between suppliers and demanders. Fourth, securing profitability. In conclusion, those supplying and consuming private security guard service should be able to get their wanted value and share economic profits.

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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The Research of Improvement and Development Process for protection in Korea Private Security (한국 신변보호업의 발전과정과 개선방안 연구)

  • Park, Jang Gyu;Kim, Nam Joong
    • Convergence Security Journal
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    • v.13 no.2
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    • pp.33-43
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    • 2013
  • The Private Security Industry of Korea began after served security service for the United States army of 8 division. The industry grew up after establish private security regulation on December 31th of 1976. Early 1980's the industry was accelerated from bringing technical knowledge of developed nations rapidly. Also, private security was gotten into the spotlight by one of futurity industry instead public security after companies performed 86 Asian game and 88 Seoul Olympic successfully. Therefore, the industry became to increase qualitatively and quantitatively. From late 1990's the private security regulations were revised fifteen times and created about education system, bodyguard, and leader of security. 3,836 private companies and 150,030 private guards had operated until 2012. However, some of companies received administrative measure, because of the companies ran immorally. The minor companies are continuously closed down from the leader's inefficient operation. Approval standard of establishment has imperfect law. Solutions of problems are to provide high quality service, to expand company affairs, to attract specific customers through efficiency expert, to change standard of leader of security guards, to establish security education institution through the government and to intensify requirements to establish the company.

Insights from the Compulsory Licensing and the Approved Contractor Scheme of the UK Private Security (영국의 민간경비 의무적 자격증 및 인증계약자 제도에 관한 연구)

  • Lee, Seong-Ki;Kim, Hak-Kyong
    • Korean Security Journal
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    • no.30
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    • pp.85-115
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    • 2012
  • The private security industry has expanded in proportion to economic developments throughout the world, largely because the existing security services provided by the government do not satisfy demands of various economic entities and people in the society for better security service. Therefore, it would not be unfair to say that security services by private sectors are decided by its quality, price, and customers' needs. A refined management system, however, is essential to assess qualification of security companies and their service quality, given the nature of public goods of security service. Despite the steady growth of private security industry in Korea, however, it has been continuously criticized that its security management system for better qualification of security guards, training, and private security companies have not been fully updated enough to guarantee good quality. This paper aims to gain insights to effective policy formation in the Korean private security industry, through reviewing the licensing system of private security guards and the Approved Contractor Scheme (hereinafter the ACS) in the UK- that has on one hand systematically regulated private security industry, but on other hand has enforced public-private cooperation by laying significant stress on autonomy of private security companies. The distinctive characteristic of the UK policy for the private security is that the Security Industry Authority (hereinafter the SIA), an independent authority, is leading development of the private security industry of the UK through specialized private security regulation and enhanced service quality. In addition, the UK is developing quality of security service with transparent financial management and recruitment of good quality security guards by adopting not only substantially specified regulations and standards, but the voluntary ACS system. Moreover, the SIA analyzes customers' demands for security service specializing the policy for private security through conducting a variety of surveys. With the analysis of the UK private security system, this paper suggests that the Korean government change from a non-specialized private security regulation system by the National Police Agency to an independently specialized private security authority like the SIA and adopt the compulsory licensing and the ACS system of the UK.

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Study on Legal Regulations for Utilization of Drone in Private Security (민간경비에서 드론 활용과 법적 규제에 관한 연구)

  • Kim, Kye Won;Seo, Jin Seok
    • Convergence Security Journal
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    • v.17 no.5
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    • pp.163-178
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    • 2017
  • Recently, drone applications have been expanded not only in the military and security fields but also in daily life such as commercial and sports, and there is also a growing interest in using drone for private security work. This study focuses on the discussion on the use of drones in private security, drones regulation in the related laws such as the Private Security Act and the Aviation Safety Law, and major issues in accepting the Private Security Act. First, it focuses on the scope of private security work as defined by the Private Security Act, focusing on the use of drones as surveillance, information gathering, guidance and warning services, evacuation services, search and related material transport services, respectively. Second, the related laws for the use of drones in private security work include the Private Security Act and the Aviation Safety Act. However, the Private Security Act does not prescribe the current drones and the use of drones is regulated by Aviation Safety Act. Third, it is necessary to adjust the qualifications and authority range of security guards in the Private Security Act, to accept the drones as a type of security equipment, and to consider how countermeasures against threat types using drones should be accepted in the Private Security Act.