청원경찰법제의 법체계적 정합성에 대한 고찰

Abstract

According to the REGISTERED SECURITY GUARD ACT, the registered security guard are required to perform the duties prescribed in the Police Officer's Job Execution Act, and in that respect, the character of a public administration performer is remarkable in terms of duties, while the working relationship of the registered security guard is basically similar to the employment relationship of private law. For that reason, the legal issue surrounding the registered security guard brings legal ambiguity in various aspects.
 This problem situation is especially remarkable in the case of registered security guard working in the public sector, in that the employer is the administrative entity of the state or local government, as well as the public administrative nature of the work. On the other hand, in the case of petition police working outside the public sector, the legal problem is more pronounced in that the REGISTERED SECURITY GUARD ACT is generally applied due to its status as a registered security guard, even though the characteristics of private law are very strong in the nature of labor relations. In particular, the registered security guard in the private sector are the cause of legal ambiguity compared to general labor relations of private law in that they are substantially similar to the security work under the Security Services Industry Act, which is the subject of the permission system.
 In Korean legislation that presupposes the distinction between public law and private law, the distinction between public law and private law needs to be distinguished in various aspects, such as differences in legal relations and applicable laws, so it is necessary to secure legal systematic consistency corresponding to this in the registered security guard law system.
 The REGISTERED SECURITY GUARD ACT is intended to be a general and complete discipline for the registered security guard system, but the actual regulations are mostly fragmentary and individual regulations for solving phenomenal problems, not consistent systematic legal principles, even so, public law and judicial characteristics are mixed, so this situation is the cause of ambiguity in the interpretation and application of the law.
 For this reason, it is necessary to improve the petition police law, regarding the direction of improvement, considering Korea's legal system based on the distinction between public and private law, it is logical and consistent to legal system to classify the legal relationship of a person who is performing public administrative work through employment relations in the public sector into public law relations. Therefore, it is a reasonable direction to improve the legislation to separate and regulate the registered security guard working in the public sector which inevitably have strong public legal characteristics and the registered security guard working in the private sector with significantly less public legal characteristics.