국가중요시설 방호직무 종사자의 법적 지위와 노동기본권 제한

Abstract

Since the protective duties of workers engaged in the protective duties of national majorfacilities, such as a special private security guard pursuant to the Securities ServicesIndustry Act and a private police pursuant to the Police Assigned for Special Guard Act,take the public nature, their working conditions, as provided under the Labor StandardsAct, and their basic labor rights, as secured in Article 33 (1) of the Constitutional law, areseverely restricted in accordance with relevant laws and regulations. Recently, several problems have occurred in respect of the guarantee of social position& the improvement of labor conditions for the special private security guard and privatepolice, which are the workers engaged in the protective duties of national major facilities,and their detailed work scope & limits and the restriction necessity of their basic laborrights and its legal justification for the stable operation and management of national majorfacilities. The special private security guard and private police, which conducts the protectiveduties of national major facilities, have the position of normal workers (private person) inprinciple. However, because of the special position as the workers engaged in theprotective duties of national major facilities and the public nature of the guard businessconducted by them, the special private security guard is burdened with the ‘strike(collective action) injunction’ pursuant to Article 15(3) of the Securities Services IndustryAct and the private police is burdened with the stern obligation such as the ‘restriction ofthe labor’s three primary rights’ pursuant to Article 11 of the Police Assigned for SpecialGuard Act.