경비업법상 경비업의 직무범위에 관한 연구

Abstract

The private security industry has developed in response to a growing need for private security services among the public. Despite the essential role played by private security in today’s world, the Security Services Industry Act is prescribing the scope of the duties of private security in a very abstract and restrictive manner. Requiring the national police to shoulder all the duties related to the safety of the people while restricting the scope of duties of private security is, it is fair to say, the State is failing to perfectly carry out its Constitutional duties for its people. Even though the Security Services Industry Act has been enacted, the current provisions of the Act related to the scope of duties of the security industry have limitations in that they are excessively restrictive with respect to the entry of security services into the market, and fail to respond promptly to an increasing demand for security services among the public in this rapidly changing environment. Further, the provisions have been written in a very abstractive way and may cause confusions in the interpretation of the Act. It may also go against the principle of the law-governed administration, which is a philosophy with the highest priority in administrative law. In summary, the legislation needs to include not only the security duties currently prescribed in the Security Services Industry Act, but also those actually demanded by the public. The Act should be written in an explicit manner as well to prevent any arbitrary interpretation. When such efforts are made, the responsible administration will be realized. Based on this recognition, the matters pointed out herein should be actively reflected in a future amendment of the Security Services Industry Act.