Recently, crimes such as assault and robbery have been taking place not only in banks and hospitals, also in tax offices, post offices, and other government departments. When looking into the fundamental causes of these crimes, it often caused by the lack of armed security forces like the security p...
Recently, crimes such as assault and robbery have been taking place not only in banks and hospitals, also in tax offices, post offices, and other government departments. When looking into the fundamental causes of these crimes, it often caused by the lack of armed security forces like the security policeman (pronounced as “Cheongwon Police” in Korean). In terms of the police assigned for special guard (PASG), it refers to police guard for security purposes who are pre-authorized by the government on the condition that the authority from all the regulatory agencies and other institutions who applies for the placement of police officers will bear the cost of the deployment.
At the time of the enactment of the Police Assigned for Special Guard Act in 1963, the legal status of PASGs regarded as a “national servant” but in the process of an entire revision of the Police Assigned for Special Guard Act in 1973, led to changes to be a “civilian” who is subject to the part of the National Public Official Act. Due to the alteration in legal position, PASGs are required to follow the employment regulations stipulated in each deployment location as a civilian labor force apart from the requirements laid down by the Enforcement Decree of the Police Assigned for Special Guard Act, but besides that, take on equal work responsibility of police officers, resulting in the duality of both public and private perspectives. Hence, the characteristic of public interests as PASGs is not revealed but only appeared in the aspect of average workers.
The nature of duality is shown as following: First of all, the work-related laws in regards to the PASGs’ scope of the duties considered as the security guard, stipulates the Act on the Performance of Duties by Police officers, but with the legal status of a civilian. Depending on the emphasis on status or work regulations, the argument about the Police Assigned for Special Guard Act varies whether it puts into the private law sectors such as private security or civil law of contract or the public law like as police administrative law, criminal law, National Public Official Act, constitutional law, etc.
Another example of the dual aspects appeared in places where the PASGs are stationed. Depending on the specific location it can be classified into government organizations or local governments’ agencies and other institutions in a dualistic manner under the Police Assigned for Police Guard Act. Besides each institution has its own laws and ordinance provided accordingly as noted below.
To begin with, the PASGs working for government organizations or local governments’ agencies are subject to laws and regulations in regard to national servants; therefore have parallels in the features of their duties and other treatments along with the officials. However, on the contrary, the PASGs from other institutions are not subject to these laws, but the civil law and Labor Standards Act. While the Supreme Court, which considers this aspect in terms of compensation of damage to the citizens, treat this matter to be of a different sector, but the Constitutional Court takes a different view as it sees the status of the PASGs indiscriminately as average worker based on the contract provided by the civil law.
Thus, the problem of the duality in the Police Assigned for Special Guard Act disclosed that disadvantages such as penalty and punishment are equally applied to PASGs as national servants but other advantages like employee welfare remain unapplied which is another circumstance that linked to the dual aspects because of their position as civilians. Some PASGs like working at government organizations or local government agencies have a similar position as a public officer. If the position is considered indiscriminately civilian, the confusion in the application of legislation and the operation of the system is expected within the same legislation. Therefore this problem can be solved by ensuring that they are subject to the entire application of the Government Officers Act which should be amended to be defined separately depending on the placement location of the PASGs.
This article, unlike the previous studies concerning the PASGs from the perspective of the private security system, will focus on the aspect of the publicness as police officers and those who work at the government organization or local governments’ agencies in particular. In order to solve the matter of the Police Assigned for Special Guard Act, it is not just enacted as a single regulation, but the relevant statutes of officials should be applied directly to the PASGs allocated to national or local government organizations by taking into consideration of the current circumstances. In other words, it allows the PASGs to be defined as separately as possible so that their public nature can be revealed.
Apart from these dualistic issues, this article presents the Police Assigned for Special Guard Act from a generalized concept of view including definition, deployment, appointment, and duty regardless of where the PASGs are placed. In relation to this, it shall be discussed remuneration, service, employment rules, nature of duties of each organization, etc., separately in terms of the individual aspects according to the deployed location. This will examine the meaning and implications of the current Police Assigned for Special Guard Act, and compare the auxiliary police system in the United States with the system of special police like campus police and railroad police. The problem and assignment on the improvement shall be proposed in three aspects; first, the duty performance related to enforcement action by laws and regulations in the security area such as the enforcement action like imposition of a fine for illegal parking or misdemeanor. Secondly, the treatment of the application of the Government Officials Act to improve the regulation on remuneration and prevent the confusion in the questions of duality focusing on the PASGs working for national or local government agencies. Lastly, the operation of recruitment and education.
The prime purpose of this study is to serve as an opportunity for the transition of the system of police assigned for special guards from the perspective of the current private security to the police officers in the security area. This is because if only emphasizing the aspect of private security, the status of the PASGs working for government organizations and local governments’ agencies becomes ambiguous. To reflect this public aspect, in addition to the existing research data, the latest Supreme Court’s case and the Constitutional Court’s decision on the PASGs were reflected as much as possible according to the administrative law and constitutional theory books. Moreover, the most recent trend through National Police Agency data, each institutional notice, and the latest articles related to the PASGs were fully reflected.
Recently, crimes such as assault and robbery have been taking place not only in banks and hospitals, also in tax offices, post offices, and other government departments. When looking into the fundamental causes of these crimes, it often caused by the lack of armed security forces like the security policeman (pronounced as “Cheongwon Police” in Korean). In terms of the police assigned for special guard (PASG), it refers to police guard for security purposes who are pre-authorized by the government on the condition that the authority from all the regulatory agencies and other institutions who applies for the placement of police officers will bear the cost of the deployment.
At the time of the enactment of the Police Assigned for Special Guard Act in 1963, the legal status of PASGs regarded as a “national servant” but in the process of an entire revision of the Police Assigned for Special Guard Act in 1973, led to changes to be a “civilian” who is subject to the part of the National Public Official Act. Due to the alteration in legal position, PASGs are required to follow the employment regulations stipulated in each deployment location as a civilian labor force apart from the requirements laid down by the Enforcement Decree of the Police Assigned for Special Guard Act, but besides that, take on equal work responsibility of police officers, resulting in the duality of both public and private perspectives. Hence, the characteristic of public interests as PASGs is not revealed but only appeared in the aspect of average workers.
The nature of duality is shown as following: First of all, the work-related laws in regards to the PASGs’ scope of the duties considered as the security guard, stipulates the Act on the Performance of Duties by Police officers, but with the legal status of a civilian. Depending on the emphasis on status or work regulations, the argument about the Police Assigned for Special Guard Act varies whether it puts into the private law sectors such as private security or civil law of contract or the public law like as police administrative law, criminal law, National Public Official Act, constitutional law, etc.
Another example of the dual aspects appeared in places where the PASGs are stationed. Depending on the specific location it can be classified into government organizations or local governments’ agencies and other institutions in a dualistic manner under the Police Assigned for Police Guard Act. Besides each institution has its own laws and ordinance provided accordingly as noted below.
To begin with, the PASGs working for government organizations or local governments’ agencies are subject to laws and regulations in regard to national servants; therefore have parallels in the features of their duties and other treatments along with the officials. However, on the contrary, the PASGs from other institutions are not subject to these laws, but the civil law and Labor Standards Act. While the Supreme Court, which considers this aspect in terms of compensation of damage to the citizens, treat this matter to be of a different sector, but the Constitutional Court takes a different view as it sees the status of the PASGs indiscriminately as average worker based on the contract provided by the civil law.
Thus, the problem of the duality in the Police Assigned for Special Guard Act disclosed that disadvantages such as penalty and punishment are equally applied to PASGs as national servants but other advantages like employee welfare remain unapplied which is another circumstance that linked to the dual aspects because of their position as civilians. Some PASGs like working at government organizations or local government agencies have a similar position as a public officer. If the position is considered indiscriminately civilian, the confusion in the application of legislation and the operation of the system is expected within the same legislation. Therefore this problem can be solved by ensuring that they are subject to the entire application of the Government Officers Act which should be amended to be defined separately depending on the placement location of the PASGs.
This article, unlike the previous studies concerning the PASGs from the perspective of the private security system, will focus on the aspect of the publicness as police officers and those who work at the government organization or local governments’ agencies in particular. In order to solve the matter of the Police Assigned for Special Guard Act, it is not just enacted as a single regulation, but the relevant statutes of officials should be applied directly to the PASGs allocated to national or local government organizations by taking into consideration of the current circumstances. In other words, it allows the PASGs to be defined as separately as possible so that their public nature can be revealed.
Apart from these dualistic issues, this article presents the Police Assigned for Special Guard Act from a generalized concept of view including definition, deployment, appointment, and duty regardless of where the PASGs are placed. In relation to this, it shall be discussed remuneration, service, employment rules, nature of duties of each organization, etc., separately in terms of the individual aspects according to the deployed location. This will examine the meaning and implications of the current Police Assigned for Special Guard Act, and compare the auxiliary police system in the United States with the system of special police like campus police and railroad police. The problem and assignment on the improvement shall be proposed in three aspects; first, the duty performance related to enforcement action by laws and regulations in the security area such as the enforcement action like imposition of a fine for illegal parking or misdemeanor. Secondly, the treatment of the application of the Government Officials Act to improve the regulation on remuneration and prevent the confusion in the questions of duality focusing on the PASGs working for national or local government agencies. Lastly, the operation of recruitment and education.
The prime purpose of this study is to serve as an opportunity for the transition of the system of police assigned for special guards from the perspective of the current private security to the police officers in the security area. This is because if only emphasizing the aspect of private security, the status of the PASGs working for government organizations and local governments’ agencies becomes ambiguous. To reflect this public aspect, in addition to the existing research data, the latest Supreme Court’s case and the Constitutional Court’s decision on the PASGs were reflected as much as possible according to the administrative law and constitutional theory books. Moreover, the most recent trend through National Police Agency data, each institutional notice, and the latest articles related to the PASGs were fully reflected.
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