• Title/Summary/Keyword: Security guard act

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Comparative Study of Security Services Industry Act and Police Assigned to Special Guard Act - Focused on special guards and police assigned to special guard duty - (경비업법과 청원경찰법의 비교 연구 특수경비원과 청원경찰을 중심으로)

  • Noh, Jin-keo;Lee, Young-ho;Choi, Kyung-cheol
    • Korean Security Journal
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    • no.57
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    • pp.177-203
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    • 2018
  • Police Assigned to Special Guard Act was legislated in 1962 to solve issues regarding the protection of various staple industrial installations, and in 2001, the Security Services Industry Act was revised to establish an effective security system for important national facilities. Thereby the Special Guards System was instituted. The current law has two parts, with the Police Assigned to Special Guard System and Special Guards System, and many scholars have actively discussed the appropriateness of the integration of both systems to solve problems caused by a bimodal system. However, in spite of these discussions taking place in the academic world, the idea of unification lost its power when the guarantee of status regulation was established for the police assigned to special guard. Strictly speaking, police assigned to special guard is a self-guard, and a special guard is a contractual guard. So, both of them have pros and cons. Thus, it would be desirable to give a legal, constitutional guarantee for both systems by strengthening each of them and making up for the weakness of each of them rather than trying to unify police assigned to special guard and special guard. To begin this process, we need to revise unreasonable legal provisions of Security Services Industry Act and Police Assigned to Special Guard Act as below. First, since the actual responsibilities of special guards and police assigned to special guard duty are the same, we need to make the facilities which they use equal. Second, legal provisions need to be revised so that a special guard may perform the duties of a police officer, according to the Act on the Performance of Duties by Police Officers, within the facility that needs to be secured in order to prevent any vacancy in the guarding of an important national facility. Third, disqualifications for the special guards need to be revised to be the same as the disqualifications for the police assigned to special guard duty. Fourth, it is reasonable to unify the training institution for special guards and for police assigned to special guard duty, and it should be the training institution for police. On-the-job education for a security guard needs to be altered to more than 4 hours every month just like the one for police assigned to special guard duty. Fifth, for a special guard, it is not right to limit the conditions in their using weapons to 'use of weapon or explosives' only. If one possesses 'dangerous objects such as weapon, deadly weapon, and so on' and resists, a special guard should be able to use their weapon against that person. Thus, this legal provision should be revised. Sixth, penalty, range of fines, and so on for police assigned to special guard duty need to be revised to be the same as the ones for a special guard. If we revise these legal provisions, we can correct the unreasonable parts of Security Services Industry Act and Police Assigned to Special Guard Act without unifying them. Through these revisions, special guards and police assigned to special guard duty may develop the civilian guard industry wholesomely under the law, and the civilians would have a wider range of options to choose from to receive high quality security service.

A Study on the Improvement Measures for Training of Special Security Guard (특수경비원 교육훈련의 개선방안에 관한 연구)

  • Choi, Eun-Ha;Yoo, Young-Jae;Lee, Sang-Bin
    • Korean Security Journal
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    • no.16
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    • pp.357-371
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    • 2008
  • Currently, the security operations in nation's key foundations in Korea are performed by private police and special security guard in accordance with the Private Police Act and Security Business Act, respectively. In 1960s, The Korean Government introduced the private police system in terms of the national security issues, but it was just a hurriedly-set plan on the basis of Japanese Sunsa system as by that time there was no such system revitalized. However, the special security guards could offer wider range of security services including those of the private police with the enactment and revision of the Security Business Act 1976 and April 2001, respectively. Moreover, the expectations and interests rose over the special security guards in nation's key foundations after 9.11Terror Event in the U. S. 2001. However, as we investigated the current education/training system for the special security guard, we found that such education/training which is not activating the specialty of special security guard will not respond to the social demands. Special security guard owns its own characteristics other than those of general security guard as they are in service in nation's key foundations. Thus, the effcient management and training for the special security guard is the most important matter for the safety and security of nation's key foundations. Therefore, the well-educated special security guard through the reorganized and specialized education/training for the protection of nation's key foundations is expected to offer qualitatively improved security services.

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A Study on the Comparison between 「SECURITY SERVICES INDUSTRY ACT」 and 「ACT ON THE PROTECTION, ETC. OF TEMPORARY AGENCY WORKERS」 among Security Guards (「경비업법」상 경비원과 「파견근로자보호 등에 관한 법률」상 경비원의 비교에 관한 연구)

  • Noh, Jin Keo;Choi, Kyung Cheol;Lee, Young Ho
    • Korean Security Journal
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    • no.55
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    • pp.143-167
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    • 2018
  • According to the Security Services Industry Act security guards are not just workers but security-related service workers complementing the lack of police force and specializing in protecting of national important facilities, industrial facilities and apartment houses. Nevertheless, confusing or mixing the security service workers in "Security Services Industry Act" with the guards in the "Act on the Protection etc. of Temporary Agency Workers" lead to a constant debate about the scope of work of security guards. In the case of security service workers in "Security Services Industry Act" there is a strict limitations on security service worker's qualification such as strict reasons for disqualification, a need to pass training for new workers and qualification training, a need to report to the competent chief police officer if the security guard has placed or unplaced by the security service company. It distinguishes security service workers in "Security Services Industry Act" from the guards in the "Act on the Protection etc. of Temporary Agency Workers" and acknowledges the occupation of security service worker as a professional service worker. Therefore, security service workers in "Security Services Industry Act" shouldn't be obliged to do any other work than security work. If it is required to do other work than security work contract by the "Security Services Industry Act" doesn't apply but need to use a security guard according to "Act on the Protection etc. of Temporary Agency Workers" or hire a security guard on the employment contract. In this way, when security service workers in "Security Services Industry Act" are recognized as professional security related workers, the entire security industry can ultimately develop.

A Study on the Realities and Analysis of Crime Related to Security Guard (경호경비 관련 주요범죄에 대한 실태분석)

  • Kim, Chang-Ho;Ju, Choul-Hyun
    • Korean Security Journal
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    • no.16
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    • pp.65-79
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    • 2008
  • This study started with the need to have a basic understanding of the crimes related to security guard in Korea. For this purpose, it attempted to analyze the crimes related to security guard occurring in Korea for the years, the cause for those crimes to occur, and the basic cause for those crimes such as criminals' educational level, age, occupation and so forth investigate how those crimes occurred. And ultimately it was intended to provide referential materials for perfect security guard from the stage of its planning to the stage of implementation and termination by analyzing how the machinery of law treated those criminals. This study aimed to help security guards to perform their role by investigating the cause and disposition of crimes related to security guard occurring for the years in order to cope with the emergency situation frequently occurring in the job of security guard. To attain the goal of study, this study attempted to do the following tasks: First, to analyze existing crimes and investigate the crimes related to security guard in order to investigate how the criminal act occurred in relation to the crime related to security guard, numerous kinds of crimes. Second, to investigate in what case the criminal act occurred by analyzing the criminal environment, the yearly, monthly and weekly frequency of those crimes and the like in relation to this criminal act. Third, to grope the alternative to cope effectively with all sorts of dangerous situations on the spot of security guard by analyzing the crimes related to security guard and investigating the effective scheme for coping with it.

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A Study on the Integrated Management for Multi-Family Housing Security Guard and General Security Guard (공동주택경비원과 일반경비원의 통합관리에 관한 연구)

  • Lee, Sang Hun
    • Korean Security Journal
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    • no.57
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    • pp.27-55
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    • 2018
  • The problem is that even though the cost of apartment buildings and general expenses are the same and similar tasks, there is a significant gap between them in quantity and quality. The apartment security guard needs more professional management in education and various reporting obligations. In particular, the reality of being away from the management and supervision of the National Police Agency, which is in charge of crime prevention and policing resources throughout the nation, is a task that needs to be improved quickly. Although the "security service" is a specialized area for protecting the lives and property of the people, it is managed and operated only in the category of apartment management, just because it is under the jurisdiction of the Ministry of Land, Infrastructure and Transport. This should be integrated into one cost-related law, such as the "Cost Business Act," for management and operation. Although the regulations concerning security guards under the "Joint Housing Management Act" are very limited, they should start discussing the integrated management of apartment security guards and general security guards in view of improvement of their treatment. The most realistic method would be to hire a new general security officer with a security law as a security guard in an apartment building.

Limit of interpreting 'security service' in current 「Security Services Industry Act」 and direction of legislating and revising private security industry (현행 「경비업법」상 경비개념과 경비업무 해석의 한계 및 민간보안산업 관련 입법의 제·개정 방향)

  • Choi, Eun-Ha;Kim, Na-Ri;Yoo, Young-Jae
    • Korean Security Journal
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    • no.50
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    • pp.35-57
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    • 2017
  • Security Act has been partially revised many times since it was revised to "Security Service Act". Main contents of such revision consist of the addition of security work such as protection or special security, responsibility enforcement of security company or security guard and systematic management of security service based on security work of previous security service act. But, it needs to be checked out that the fundamental matter about the concept of 'security' is directly related as double-edged sword in such flow of legal revision. That is because security service satisfies the multiple needs for security in the modern risky society and is based on the concept of active management whose goal is to forster and develop the function of actual security service comparing that current "Security Service Act" regulates the formal security service whose goal is permission of security service and systematic management based on article 2 as previous facilities and manned security that is guard duty-centered security service in another respect. So, this study pointed out the limit of interpreting security and security service in "Security Services Industry Act" in respect of providing private security service and drew the conclusion that the legislation and efforts are required for 'security for citizen' by reinterpreting the legislation and revision of private security service-related law as the normal regulation of "Security Services Industry Act" and the special law of "Private Security Services Industry Act".

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A Study on Unification of Legislation related to Private Security (한국 민간경비 관련법제 단일화 논의 - 경비업법과 청원경찰법을 중심으로)

  • Lee, Min hyung;Kang, Kyung soo;Kim, Jin hwan
    • Journal of the Society of Disaster Information
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    • v.4 no.1
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    • pp.70-83
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    • 2008
  • The basic legislations regulating the private security in Korea are Private Security Business Act and Private Policeman Act. But this dualistic system of private security causes difficulties in unity and efficiency of private security operation and makes it complicated to supervise each personnel with effect. Besides despite similar service and duty, there is all the difference between private security guard and private policeman in regard of social position, pay, authority, and so on. Therefore it is suggested that the two Acts should be unified and the united private security act should be enacted. Legislating new private security act will lead to considering the detail legislative definition on qualification of personnels and business range.

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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.

Problems of Security Act and Solutions (경비업법의 현안과 해결방안)

  • Park, Byung-Sick
    • Korean Security Journal
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    • no.29
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    • pp.87-113
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    • 2011
  • Korean security industry has history of more than half a century, and it is growing fast. Private security industry contributes not only to livelihood safety, but also to national security. The area of the industry is being expanded. Security Act is closely related to the security industry, and has contributed to the growth of private security industry sector. Security Act of Korea, which was established in 1976, was originally made after Japanese Security Act. But nowadays, Korean Security Act is as systematic as the Japanese act. However, for 10 years, Security Act of Korea has been stagnant, not able to reflect security industries' demand. The writer has contributed to the development of Security Act. In 1995, the writer wrote the basic framework of Security Instructor Qualifications System and drafted Security Act in 2002. There are currently many problems in existing Security Act, but there are four representative problems. (1) No more establishment of new security sector, (2) excessively slack qualification criteria, (3) the education system for guards, (4) the security Instructor examination system. This paper derives problems of current Security Act, and suggests solutions for them. Not only the academic world, but all of us should pay attention to the revision of Security Act.

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Advanced Resolution on Escort Security Area by Reviewing the System in Private Security Business (민간경비업의 제도적 고찰을 통한 호송경비업의 개선방안)

  • Kim, Sung-Su
    • 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.

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