• Korean Security Journal
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• no.21
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• pp.177-199
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• 2009

In this study, I would try to observe the scopes and related matters of the authority of private security personnel based on the basic discussion about the identity of private security. Everybody knows, the problems of private personnel have been mainly discussed in the relations of the public police. Because the roles of private personnel are similar to the police, and in the perspective of the law, private security are regulated by the police. When we compared with the police, the scopes of authorities of private personnel are considered in several points. First, most private personnel are just only 'citizen', so they can exercise the authority as citizen. It can include self-defense, self-help. flagrante delicto arrest. But when discuss the authority in the scopes of a possessionary right or managemental right, the authority of private personnel can be extended somewhat. Moreover, when private personnel are delegated by the special laws, their authority are extended much more. Finally, when the whole authority are delegated by such as the privatization, private personnel authority can be nearly same to the police. But, it can be considered that the degrees of the delegated authority are flexible. And the exercise of the authority must be performed in the limit that not infringe the individual freedom and rights. It seems to me that the degrees of fairness in use of authorities and it's a permitted limit are set forth a premise not only the legitimate base but also judicial judgement. Therefore, the attitudes of the courts related the exercise of authority are very important. And the growth of private security and the extension of authority followed are inevitably accompany the various problems of responsibility, so it must be considered about that in many perspectives.

• Convergence Security Journal
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• v.13 no.5
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• pp.117-127
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• 2013

Even though, the Korean private Security Guard's industry is developing, it did not reached at the expected quality services because of the below cost tendering from flooded small security companies, consequently low pays and fragile benefits occur therefore, the skill level and morale decreased. Also, the private security guards field's education, training and development of expert certification system is not enough. One of the plans to solve these problems can be invigorate the certification system. The improving ways are suggested after the research and the analysis of the certification system as below. First, the qualification system to become a security leader will need to add directly related subject, skill examination and continuous refresh training. Moreover, it needs accurate needed the number of the securities and the reduction of the 1st examination exemption object. Second, the qualified system to be become securities will need to strengthen on standard of qualification and focus on skill evaluation, the job education need to state by the law, also exemption for applicant who approached requirements.

• The Journal of the Korea Contents Association
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• v.8 no.1
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• pp.39-47
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• 2008

These days American private security industries has rapidly grown, and its scales(employment, expenditures) exceed the public police. American private security are based on the theories such as privatization, co-production, and build more developmental framework. But the behind of private security, its civil and criminal liabilities are more issued. In this, among the civil liabilities focused on the tort liability. In civil liabilities, contract liability is specially raised by between contractors, on the other hand tort liability is raised in general without special relationship in civil law relations. In this study, I would observe the types, conditions, protest reasons and the cases in tort generated by private security officials.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.65-84
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• 1999

During the past few decades, we have witnessed three approaches to overcome the legal disparities between trading countries: - determining the individual governing law in accordance with the conflict of laws principle; - unifying and harmonizing private international law into uniform rules and substantive laws under the auspices of ICC, UNCITRAL, UNIDROIT and various NGOs ; and - drafting model laws like the UNCITRAL Model Law on Electronic Commerce and promoting member countries to enact them. Against this backdrop, the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the process by which it was adopted, established the benchmark for the unification of commercial law. The CISG, completed in 1980, merged civil and common law concepts and came into force in 1988 after a certain number of countries endorsed the treaty. Besides the CISG, the U.N. Limitations Convention and the UNIDROIT Principles of International Commercial Law, to name a few, have attempted to set cross-border legal norms and standards in the international business transactions. However, since the advent of computer-based commerce, there have emerged all-out efforts to establish uniform rules before national legal systems have been developed. As a consequence, the Model Law on Electronic Commerce has become a specimen legislation covering functional equivalents of paper-based writing and signature. For the credit enhancement exemplified by the Uniform Rules for Demand Guarantees (ICC Publication No.458), the UNCITRAL prepared the U.N. Convention on Independent Guarantees and Stand-by Letters of Credit, which was adopted by the U.N. General Assembly in 1995 but remains still not effective as only two countries have ratified this treaty so far. In this connection, two draft conventions underway at UNIDROIT and UNCITRAL deserve our attention as the probability of unification in the Korean Peninsula is mounting. They are to create security interests for commercial finance in moveable equipment and accounts receivable. The UCC-type security rights are regarded to be useful to enable the North Koreans with limited properties to borrow from the banks.

• 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".

• The Korean Society of Law and Medicine
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• v.8 no.2
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• pp.37-68
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• 2007

Health insurance has gone far toward solving Korea's health related problems through thirty years. Health Insurance as social security system has a role of national system to secure national health. But there are many problems in health insurance. There is a dispute about many issues, coverage of health security, compulsory appointment of health insurance organization, coverage and level of health insurance benefit, decisionmaking right of health insurance price, examination of health insurance etc. Generally, the opinion for health insurance policy to be leaded by nation sets against the opinion to be leaded by private sector. It is necessary to study politics of law, constitute law and comparative law for rational solving these problems. If desirable setting of health law system can be made, legal system must be set during a long time and be discussed synthetically in different standpoint.

• Journal of the Korean Society of Marine Environment & Safety
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• v.19 no.1
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• pp.45-51
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• 2013

In order to facilitate the private maritime security system with high quality guard services, the status of private security companies and the security instructor system which has been operated in land side, are analyzed. Through screening the spectrums of private maritime security and analyzing the status of maritime security guard, the characteristics and expertise of maritime guard service, and it's system need are elicited. we propose the system of marine civil guard officer who will play a major role in private maritime security domain, and design the job requirements, the subjects of qualification test and the education program to enhance his professionalism and practicality. Moreover, the enactment of a provision on marine guard company in Marine guard law will be the platform to develop a private maritime security industry and to strengthen international competitiveness through supervising and piloting private guard service at sea by Korea coast guard.

• Korean Security Journal
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• no.9
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• pp.201-235
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• 2005

This study is designed to contribute for development of Private Security Business by fact-finding in instruction and training of private security guard serviced in this realm and domestic and foreign guard service and modeling effective and rational instruction and training program based on drawn problem. For this study, basically I collected and analyzed documents, theses, and papers of the inside and outside of the country. For practical use of data, I used materials of private security related institutes and police agency. And for private security educating training programs of the inside and outside of the country, I collected materials on internet, and with the help of police agency and interpol. For korean private security company's educating training programs, I made a study with the interview of private security company's businessmen. This study's conclusion is as follows. In a domestic private security enterprise, when set theory instruction minimize instruction and training program and must set up instruction and training program as practical affairs center enemy instruction, and theory instruction must be composed for instruction me that it is connected to practical affairs instruction too. The instruction course of private security guard instruction and training program composed with a security outline, a security plan, an information-gathering, civilian expenses, a security way, terror and terrorism, a related law, security trial, electronic security, a security analysis technique, company introduction, instruction and training program about a professional tube with theory instruction. Practical affairs instruction composed with the selection and a preventive security, close contact attendance security, vehicle security, security driving the security martial arts and self-protection liquor, first aid, security equipment, a gun and shooting, a security protocol, customer satisfaction, facilities security and expenses, a fire fighting instruction, teamwork training, explosive and a dangerous substance, physical strength, a documentation practical affairs, service, instruction and training program about foreigh language instruction.

• Korean Security Journal
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• no.8
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• pp.361-377
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• 2004

This study is to examine the relations between the big five critical crime that consist of homicide, robbery, rape, theft, violence and the private security services. To achieve this objective, this research selected the subject of study, specially, 2002 status of the private security such as the number of companies and employees classified by areas along with the big five crime mentioned above classified by area. The research data is secondary data that is from '2003 Crime Analysis' of the Supreme Public Prosecutors' Office and 'The private Security Related Data' of the National Police Agency. The selected data were analyzed according to the variables by using SPSS 10.0 statistics software program. Each hypothesis was verified around the level of significance ${\alpha}$=.05 by using the statistical techniques, such as Descriptive Statistics, Correlation, Regression, etc. The following was the result of the study, First, the total number of the big five crime affects the number of the companies at significant level. Second, the number of the security companies can be explained by the each total number of the big five crime in the order of theft, robbery, violence, rape and murder. Third, the total number of the big five crime affects the number of the security employees at significant level. Forth the number of the security employees can be explained by the each total number of the big five crime in the order of theft, robbery, violence, rape and murder.

• Korean Security Journal
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• no.26
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• pp.59-87
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• 2011

Security Business Act of Korea is leaning toward the aspect of regulation, while it provides few provisions about vesting the authority, which causes problems such as legal loopholes to be raised in regard to the rules about authorizing the private security personnel to perform security affairs properly and defining the limit of power. So, it should be done to interpret the law in order to draw the legal basis of empowering as well as to set limits of the authority of security main agent, and Article 7, Section 1, of Security Business Act is the very provision that involves the legal basis. In the scope of 'Management Power', the statutory authority in the first clause of Article 7 of Security Business Act, the security personnel can use force for self-defense, defense of others and property, and prevention of crimes. In addition, the powers of interrogation, access control, and eviction notice are involved in its scope. The private security personnel as the occupation assistant can take precautions and if the infringement on the benefit and protection of the law is imminent or done, he or she can use force within the limits of the passive resistance and the means of defiance on the basis of 'Management Power'. The private security personnel, however, can exercise the force only if the necessary conditions of legal defense, emergency evacuation, and legitimate act of criminal law are fulfilled.