경비원의 비경비업무 수행에 대한 법적 규제의 문제점과 입법적 대안

Abstract

The 「Security Act」 stipulates that if a security guard performs non-security work, both the security guard and the security company are subject to criminal punishment, while the affiliated security company is obliged to cancel the security business license. This was originally legislated to prevent security guards from being illegally mobilized at the site of collective complaints and interfering with the legitimate exercise of citizens’ rights. It has become a social problem as it has been expanded and applied by canceling security business permits of security companies. Recently, the Constitutional Court ruled that the provisions of the 「Security Act」 were unconstitutional on the grounds that they violated the freedom of work. In this study, the places where security guards perform security tasks are divided into general security sites and collective civil complaint sites. It is proposed to prepare an amendment to improve the rights and interests of security guards and contribute to the development of the security industry.