집합건물 경비원 운영 제도의 검토

Abstract

In this paper, through a case related to the operation of security guards in a collective building, ① what laws are applied to security guards in Condominium Buildings depending on the type of security guard operation, ② whether it is possible to conduct a criminal background check for the management of the security guards in the collective building, ③ whether the security guards of the collective building After examining the issues of whether the supervisory function of the competent administrative agency for security work is functioning, the limitations were drawn, and then improvement measures were sought.
 In principle, the 「Security Business Act」 is applied to security guards belonging to a security company licensed in accordance with laws and regulations. In the 「Act on Ownership and Management of Condominium Buildings」, there are no regulations on the operation of security guards, and in Article 2-2, the effect of some special provisions of the 「Multi-Family Housing Management Act」 is only recognized to the extent that it does not impair the basic rights of the owner of the division. Inquiry about criminal records of security guards is conducted to check whether there are reasons for disqualification under the 「Security Services Industry Act」 in the case of of contract security services, and to check whether or not they are subject to employment restrictions under the 「Act on The Protection of children and youth against set offenses」 in the case of self-expenses of Multi-Family houses. In the case of supervision of security Services, the head of a police agency becomes the supervisory authority in accordance with 「Security Services Industry Act」, and in the case of self-security of Multi-Family house, the head of the competent local government performs the supervisory function in accordance with the 「Multi-Family Housing Management Act」.
 The limitations of the security guard operation system in the condominium Buildings examined through the case review of this study are as follows. First, the security guard regulations of the 「Communal Housing Management Act」 do not apply to the security guards of the condominium building. Second, there is no basis for confirming whether or not the security guards in the condominium building, which perform crime prevention functions, are subject to employment restrictions due to sexual offenses against children and adolescents. Third, there is a lack of a legislative system that can supervise the administrative agency having jurisdiction over the performance of security work by the security guards of the condominium building and the unjust behavior of the occupants.
 The improvement plan for the security guard operation system in the condominium building sought through the above research review is as follows. First, a normative specification of the security work of the self-guard of the condominium building should be made. In addition, the law should provide the basis for the criminal history inquiry of the security guards of the condominium building who perform functional security for crime prevention. And, there is a need for institutional supplementation to supervise the performance of security work in the condominium building and the illegal acts of residents.
 This study has a limitation in the study of individual case analysis in the structure of fragmented laws related to the operation of security guards. Therefore, in future research, it is necessary to collect cases of security guard operation by size of the condominium building and review the operation status.