Characteristics of Legal System Related to SECURITY in Republic of KOREA

Abstract

In particular, terrorists are recently instilling fear in people with their indiscriminate attacks on unspecified number of targets who are soft targets, as well as hard targets, which suggests that we are living in an era of new terrorism. Furthermore, crimes are becoming more and more violent, intelligent, broadening, and internationalized. Korea has also witnessed a rise in crimes each year. In Korea, public law enforcement organizations and private security industry operate in harmony with each other to maintain crime prevention and security. The purpose of this study was to compressively analyze and introduce the characteristics of legal system related to public law enforcement and private security, the twin pillars of security services in Korea who were responsible for security of the society and safety of citizens. In a word, Korea’s security-related legal system is characterized by dualized operation system. The legal system of public law enforcement in Korea and its characteristics are as follows. First, public law enforcement organizations in Korea operate the National Police Agency under the supervision of the Minister of Government Administration and Home Affairs to take charge of security-related works pursuant to the 「Government Organization Act」. In addition, Presidential Security Service was organized which undertake security duties for President, etc. Second, major laws related to the police include 「Act on the Performance of Duties by Police Officers」, 「Police Officers Act」, 「Police Act」, etc. Third, public security organizations in Korea are operated under the dualized system in which Presidential Security Service is responsible for Presidential security and police security organization taking charge of security for important personnel of the nation such as Prime Minister, etc. The legal system related to private security in Korea and its characteristics are as follows. First, legal system related to private security is dualized. Private security in Korea is operated by dualized system where registered security guards and security guards carry out security duties as prescribed in 「Registered Security Guard Act」(enacted in 1962) and 「Security Services Industry Act」(enacted in 1976), respectively. Second, security for important national facilities is dualized. Third, efforts have been made to expand 5 types of security services provided as prescribed in the 「Security Services Industry Act」 and to broaden the scope of such security services. Recently, there has been discussions on expanding the scope of security service to include private investigation service, traffic direction security service, civilian military service, etc. Fourth, security guards, stipulated in the 「Security Services Industry Act」 are operated under the dualized system where ordinary security guards are performing the duties of facility security, escort security, personal security, and machinery security and special security guards are carrying out the duties of special security services.