경비원의 직무 범위에 대한 판단기준: 헌재 2023.3.23. 2020헌가19 결정을 중심으로

Abstract

In this study, the judgment criteria for the scope of security guards' duties were confirmed, focusing on the constitutional inconsistency of Article 7, Paragraph 5 of the 「Security Service Industry Act」, which prohibits security guards from performing non-security duties. In the past, the criteria for judging the scope of a security guard's duty were limited to 'accompanying or incidental tasks of security duties', but in the recent decision of the Constitutional Court, it is interpreted that the scope of the duties has been expanded by using 'whether commitment to security duties is damaged' as a criterion for judgment. This reflects the expansion of the scope of duties of apartment security guards through the recent revision of the 「Public Housing Management Act」. Regarding the controversy over the recognition of the scope of duty of security guards continuously occurring in the field, it is intended to contribute to the development and systematic management of Private security service by presenting the criterion for judgment, ‘whether or not the commitment of security work is damaged’.