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'.