헌법 측면에서 본 경비업법 개정방향

Abstract

Security guards in apartment complexes have tragically committed suicide in Gangbuk-gu and Gangnam-gu in Seoul due to harrassment and abuse of power by the residents. Despite the continued violations of security guards’ rights in apartment complexes, the current Korean law defines only their duties without providing them with rights and protections.
 Meanwhile, on March 23, 2023, the Constitutional Court of Korea decided in 2020 HeonGa 19 that Article 7(5) of the Security Services Industry Act, which prohibits a security services provider from requiring a security guard to engage in unlicensed work areas, is unconstitutional. While there has been dissenting opinions to the decision, the issue regarding the rights of security guards remains unresolved.
 The current law defines security guards as persons who conduct security work, in addition to defining their job responsibilities and legal duties. However, the recurring incidents of abuse prompts the need to begin seriously considering the rights of the security guards. This study aims to propose amendments to the Security Services Industry Act to protect the rights of security guards and promote respect for their human rights. To this end, this study reviews the spirit of the Constitution, analyzes the ideologies regarding private security services, critiques whether the recent Constitutional Court decision is related to the rights of security guards, and considers legislative theories in relation to the amendments to the current version of the Security Services Industry Act.
 In conclusion, the Security Services Industry Act must reflect the spirit of the Constitution, provide methods of protecting human rights of security guards who are injured, and redefine the status of security guards as security professionals. The author hopes that this study will provide active protection for security guards who are currently unprotected by the law.