청원경찰의 직무범위에 대한 소고: 강제퇴거 조치를 위한 물리력 행사범위를 중심으로

Abstract

The principal agent of appointment and dismissal of registered security guards is the applicant for such registered security guards, and the essence of the labor relationship between both parties has the nature of the employment contract under the law. And, due to the public concern of the duties performed by the registered security guards after being placed to major facilities, etc., they have the nature of private persons performing public administration. Registered security guards may exercise the authority of police officers within the limit of place and purpose within the scope necessary for the purpose of guarding the security area to which they are placed pursuant to the mutatis mutandis application of the Act on the Performance of Duties by Police Officers. In the event that any registered security guard actually performs his/her duties at the security area, prevention and suppression of crimes among the duties of police officers as provided in the Act on the Performance of Duties by Police Officers are becoming the main duties of registered security guards. As a large number of acts of unlawful trespassing and occupation by malicious civil petitioners or ralliers and demonstrators are occurring recently, the need of exercise of compulsory physical force for compulsory eviction, etc. is being requested. Exercise of the authority of duties by registered security guards for compulsory eviction at the time of unlawful trespassing or occupation by any persons not authorized for access must comply with proportionality and the criteria for exercising physical force, etc. In addition, as direct coercion to the body of the counterpart (powerful real act) most badly restrains human rights among the means of compulsory execution, it must comply with the requirements of the procedural law and substantive law.