• Title/Summary/Keyword: Private law

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The Proposal of Problems in Private Security Law (경비업법령의 문제와 개정방향)

  • Ahn, Hwang Kwon;Choi, Kyung Chul
    • Convergence Security Journal
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    • v.16 no.1
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    • pp.39-48
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    • 2016
  • In 1976, privative security law in Korea was enacted. Through the law has been revised 23 times, and it reflected changing security environment. Since the private security is now in charge of the daily safety as well as the police, private security law should be revised in overall dimension. First, the name of private security service and terms should be reorganized with applying the current environment of security. For instance, there should be an appropriate range of security service which could contain security consulting, planner, private investigator, and convergence security. Second, the errors of private security law should be corrected and applied to the revised law. Third, some inappropriate contents in the private security law should be revised. Forth, revising the private security law should consider to solve problems in selection, education, and election of security instructor.

A Study on Legal Limits of Occupational Safety & Health Law and Application of Private Standards (산업안전보건법의 한계와 민간기준의 활용에 관한 연구)

  • Jung, Jinwoo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.24 no.2
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    • pp.103-112
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    • 2014
  • Objectives: The present system of occupational safety and health law gives priority to traditional command and control regulations. However, this may give rise to problems such as the delay of standard-setting and shortages of human resources. The aim of this study is to examine the usability of private standards in occupational safety and health systems. Materials: After the limits of occupational safety and health law were examined, an application plan for private norms (EN, as enforced in the EU) and occupational safety and health management systems (OSHMS) was investigated. Results: The utilization of private norms and OSHMS may address the limits of the current legal system. In particular, OSHMS is known internationally as a measure for achieving improvements in overall occupational safety and health performance. As a result, occupational safety and health law and private norms/OSHMS are complementary to one another. Conclusions: Even though the utilization of private standards may give rise to legal questions, such standards as complementary measures to traditional command and control regulations need to be utilized progressively in occupational safety and health systems.

The Reinforcing plan of private security capabilities (민간경비역량의 강화방안)

  • Park, Ho Jeong
    • 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.

Policy direction of private security industry in Korea : Through analysis of the courseto amend private security law (우리나라 시큐리티산업의 정책 방향 : 경비업법 개정 과정 분석을 통하여)

  • Seo, Jin-Seok
    • Convergence Security Journal
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    • v.11 no.5
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    • pp.41-51
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    • 2011
  • The objective of this study is to generally check the present situation of private security industry by analyzing the current situation of private security industry in Korea so as to find which policy base is reflected to amend law by analyzing the amendment process of private security law in order to suggest policy direction of private security industry in Korea. Viewing through amendment process of private security law, enhancing publicity and enterprise are not judged to form any definite policy base. They are merely interpreted to partially reflect enterprise under the strong base of publicity. Such policy base may cause overall stagnation of private security industry. For sound development of private security industry, it is required to get out of the existing policy direction so as to change policy base to the direction of enhancing enterprise of private security industry. The power of police for instruction and supervision should be largely transferred to Korea Security Association so as to cultivate autonomous purifying function of private security industry. Police should strive to develop policy in the level of joint production of security service.

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 comparative study on the legal status (민간경비원의 법적 지위에 관한 비교연구)

  • Seo, Jin Seok
    • 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.

A Research on Extension Device of Korea Private Security Market (한국 민간경비 시장의 과제와 활성화 도입방안)

  • Park, Jun-Seok
    • Korean Security Journal
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    • no.15
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    • pp.173-198
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    • 2008
  • As we took a look at above, this researcher suggest following device to extend Korea's private security industry's area. First, it is necessary to extend private investigation law's area grafting private security together. Second, it is necessary it is necessary to think of private security's role related key figure law, corresponding terror law, Presidential Security Service Guard law. Third, as a draft of a proposed law related prevention flowing out of industry techniques among industry security related law, passed, it is necessary private security's diversity, subdivision, composition through an enterprise security, and private security industry area's grafting together. Fourth, a research about private security company's investment and professional area's bringing up as well as business's extension device should be groped for the security consulting though total system management service. Fifth, there are no big difference education course and purpose, duty about a security police man law and security law's unification, so it is necessary to drive forward actively unification through government organization's cooperation. Sixth, a paradigm shift should be occured about private security service among policeman, citizen, and private security guards. Seventh, it is considered the role of security association is important. Lastly about a matter communication between the National Police Agency, and Security Association, not only look at from an authority's angle, collecting information, corresponding ability but now it is considered to grope each other cooperation device together among organizations not only the National Police Agency but also, National Organization, National Intelligence Service, the prosecution, Presidential Security Service Guard, Army etc.

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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 Constituent Elements of State Responsibility Regarding Space Activities of Private Entities from the Perspective of General International Law (일반 국제법상 민간기업의 우주활동에 대한 국가책임의 성립요건)

  • Jung, Yung-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.121-146
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    • 2018
  • In traditional international law, a state was internationally responsible only for its activities. With the diversification of the subjects of international law and with the expansion of state's activities, however, bearing international responsibility by the state for its nationals or private enterprises has been recognised in international case law and states practices. Also, this was codified in 2001 by International Law Commission, finishing Draft articles on Responsibility of States for Internationally Wrongful Acts. Yet, international responsibility of state for private entities carrying out space activities including launching of satellites and space launch vehicles has been dealt with as an exception from state responsibility in general international law. As we have seen the successful launching of 'Falcon Heavy' by SpaceX which is an american private entity, the private activities in outer space are expanding to even as far as deep space such as Mars. In other words, the scope of the private activities is too enormous to deal with the activities, irrespective of general theories on state responsibility in international law. Therefore, it will be significant to see the constituent elements of state responsibility for private activities in outer space from the point of general international law, without prejudice to provisions related to international space law.

Implications of Japanese Private Detective Service (일본 탐정업의 현황과 시사점)

  • Kim, Il Gon
    • Convergence Security Journal
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    • v.12 no.5
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    • pp.3-13
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    • 2012
  • Japan came to result in enacting and enforcing the law on rationalization of service pertinent to the Private Detective Service Law in order to rationalize the illegal service realities of private detective service dealers and detective agencies, which were flooded in 2006. Since the enactment of the law, the problems are still taking place in relation to Japanese private detective service as of 2012. However, Japan's regulatory agencies can be known to revise the corresponding statute and to make effort to improve consciousness of agencies in order to improve these problems. Accordingly, it can be considered to be great in implication as for our country's introduction of private investigation service in the future. Arranging these contents, they are as follows. First, it is improvement in problems related to other statutes according to performance of private detective service. Second, it is reinforcement in management of private detective service violators. Third, it is propulsion of rationalization in cost according to a contract of private detective service. Accordingly, it can be considered to be necessary for being newly legislated at the 19th National Assembly from the perspective dubbed development and social right f unction in private investigation industry, by further supplementing Japan's these problems and arranging improvement plans so that the corresponding service called private detective service can do more public function in society.