• Title/Summary/Keyword: security industry law

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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.

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 The Problem of The Revised Security Industry Law and Improvement Plan (개정 경비업법의 문제점과 개선방안에 관한 연구)

  • Park, Hyung-Sik
    • Convergence Security Journal
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    • v.13 no.5
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    • pp.129-135
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    • 2013
  • The revised security industry law revised 17 provisions among 31 provisions in order to root out the violent event. The main contents of the revised security industry law is the intensitfication of the required condition of permission, intensitfication of the obligation, management strengthening of the public resentment of group field, official, reason of expansion of the expenses instructor and guard, dress and equipment, vehicle, intensitfication of the managing director, intensitfication of the punishment, and etc. However, there is the problem including the putting under an obligation of the arrangement new appointment education, cause provider punishment of the service company violence, awareness of the police to the security company, excessive regulation, intensification of punishment problem, supervision power intensitfication of the revised security industry law is excessive the police, and etc. The individual responsibility education completion method and public resentment of group field in addition to is thought in order to solve this that exclusion of the prior education obligation, revision of the security industry law, burden on tax payers of the extra charge, punishment of the violence request contract trader, introduction of the guard qualification certificate system, and etc. are needed.

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 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.

On the Study Expansion Step of Security industry in the 1970th (1970년대 한국 민간경비산업의 발전과정)

  • Seo, Jin-Seok
    • Korean Security Journal
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    • no.8
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    • pp.155-196
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    • 2004
  • In the 1970th, Security industry in Korea based auxiliary measures for confrontation about increase of a crime by Industrialization and Urbanization. However, This based growth of 1980th - 1990th Security industry, On the Study consider expansion step of Security industry in Korea with classification policing conditions in the 1970th and Security Law in the 1976th. In the 1976th, Security industry in Korea play an important part by maintenance of social order and inspire 'Security of one's own accord' into the hearts of the people.

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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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A Study on Collaboration between the Public Law Enforcement and Private Security Sector for the Activation of Security (민간경비 활성화와 공경비와의 민간경비 협력증대방안)

  • Lim, Myeong-Soon
    • 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.

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Legal Implications of the ISPS Code on Contract of Carriage by Sea (국제해상보안규정(ISPS Code)의 시행이 해상법에 미칠 영향)

  • Yang, Jung-Ho;Myung, Chang-Sig
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.37
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    • pp.217-250
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    • 2008
  • The International Ship and Port Facility Security (ISPS) Code which was developed as the main response of the shipping sector to the miserable event of 11 September 2001 came into effect on 1 July 2004. The ISPS Code designed to detect and eliminate security threats affecting ships and port facilities used in international trade will significantly impact not only on the management and operation of the shipping industry but also on maritime law despite the fact that it is the regulatory framework of public law. It is expected that implementing the ISPS Code will contribute to reinforcement of maritime security on the one hand. However, on the other hand, more intensified security inspection and control measures of port states will also cause delay and additional costs which cause uncertainty in allocating security risk and cost between the contracting parties. Therefore, it is desire to insert new security clause dealing with main security issues or adapt existing clauses to new shipping environments to minimize disputes.

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The assessment of Seoul City school sheriff system and developmental expansion plan - Around the righteousness proof of the security industry law application - (서울시 학교보안관 제도의 평가와 발전적 확대방안 - 경비업법 적용의 당위성 논증을 중심으로 -)

  • Lee, Sang-Hun
    • Korean Security Journal
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    • no.29
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    • pp.163-191
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    • 2011
  • Recently, the problems in school violence did not stop on the crime between the members at the school and which developed into the invasion crime of the school caused by outsiders. The school is no more the safety zone from the crime. Particularly, in the case of the elementary school, because there are nearly no people who oppose to the outside attacker and can control this, it is the place where it is vulnerable to the invasion crime. The Metropolis of Seoul implements the School Sheriff system within the jurisdiction bureau, in the public elementary school. However, actually the School Sheriff business is being managed, never applying a rule in the Security Industry Law with the main content, that is the Security Industry Law application is excluded. Because the jurisdiction on the contract of Seoul City and operating company are run, the various issues is caused. First, since it is not being considered as a security business, the commercial liability insurance for security company has no chance to applicate when the operation company and the School Sheriff have related damage generation. So the security for the indemnification of loss of the victim is weak. Second, The task of the School Sheriff is ruled just by in the individual contracts. But it is insufficient with this thing. The related duties are required some supplement like a general rule application including the obligation of the guard in the security industry law. Third, the education of the School Sheriff needs to connect with the educational programme in the security industry law. The related professional education specially needed for the prevention of school violence ought to be reserved compensation. Forth, the citizens still demand the strengthening of police patrol for the surroundings of a school in spite of the result of Seoul City's public survey. Therefore, the active relation of cooperation with the police needs to be supported legally and institutionally with the Security Industry Law application. Fifthly, the success of the School Sheriff business can be more guaranteed with the supervision of the legal and institutional device like a the Security Industry Law application or police and all sorts of administrative execution's and etc.

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