공동주택 경비업무에 대한 검토 -경비업법 제7조 제5항과 관련하여-

Abstract

This study attempted to derive the limitations of the security service of the multi-family housing security guards through discussion on the institutional background of the multi-family housing security service, and to seek the development direction of the security service of the multi-family housing in the normative system. A security business operator under the 「SECURITY SERVICES INDUSTRY ACT」 assigns an obligation to his/her security guards not to engage in duties outside the scope of the permitted security business, and if this is violated, the commissioner of the Metropolitan Police Department, who is the licensee, will revoke the security business license in accordance with the procedures of the relevant laws. Ministry of Government Legislation interpreted the administrative interpretation that the security contractor, who was contracted for security work, could not engage in the separation of recycled waste to the security guard of the multi-family housing. In this regard, the Administrative Appeals Committee and the Administrative Court have consistently acknowledged the illegality of carrying out tasks beyond the scope of security services such as courier management, weeding and battery work assistance, and garbage separation to the multi-family housing security guards. According to the institutional limitations of the multi-family housing security service, The fact that the National Police Agency, which is the department in charge of the 「SECURITY SERVICES INDUSTRY ACT」, delays the application of the law until the enforcement of the revised 「MULTI-FAMILY HOUSING MANAGEMENT ACT」 for violations of the obligations of security companies, will be removed from the legal effect without any grounded regulations. The security service regulations of the Mayor/Do Governor's ‘standing rules for the management rules’ under 「MULTI-FAMILY HOUSING MANAGEMENT ACT」 have problems with ‘ambiguous security business regulations in the form of general provisions, undifferentiation of the security business entity, and the existence of regulations for performing duties other than security business’. As the supervisory agency for the security of apartment houses is dualized, it can be linked to the passive administration of oversight of agency responsibility. Therefore, the following opinion was suggested as a desirable development direction for the security work of the multi-family housing. First, pursuant to Article 24 of the 「SECURITY SERVICES INDUSTRY ACT」, the head of a police agency is required to normally exercise guidance, supervision, and command rights granted by the law, and to present specific guidelines on tasks to prevent the occurrence of danger in the multi-family housing. Second, the Ministry of Land, Infrastructure and Transport, which is a department under the jurisdiction of 「MULTI-FAMILY HOUSING MANAGEMENT ACT」, should investigate the business conditions of the apartment security guards and related affairs, and prepare the basis for the duties of the multi-family housing security guards in detail. Third, as the supervisory authority for apartment housing expenses has been divided, it is necessary to establish a system to determine whether the violation is violated by applying the 「MULTI-FAMILY HOUSING MANAGEMENT ACT」, which has a special legal status in the 「SECURITY SERVICES INDUSTRY ACT」.