ENFORCEMENT DECREE OF THE REGISTERED SECURITY GUARD ACT
Wholly Amended by Presidential Decree No. 22217, jun. 28, 2010
Amended by Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 22908, Apr. 28, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23738, Apr. 18, 2012
Presidential Decree No. 24403, Mar. 18, 2013
Presidential Decree No. 24419, Mar. 23, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25258, Mar. 18, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26352, jun. 30, 2015
Presidential Decree No. 26659, Nov. 20, 2015
Presidential Decree No. 26858, Jan. 6, 2016
Presidential Decree No. 27168, May 17, 2016
Presidential Decree No. 28127, jun. 20, 2017
Presidential Decree No. 28215, Jul. 26, 2017
Presidential Decree No. 28884, May 15, 2018
The purpose of this Decree is to provide for the matters mandated by the Registered Security Guard Act and matters necessary for the implementation thereof.
| Article 2 (Application for Placement of Registered Security Guard) |
A person who desires to have the registered security guard posted under Article 4 (1) of the Registered Security Guard Act (hereinafter referred to as the "Act") shall submit an application form for the placement accompanied with the following documents to the commissioner of a district police agency through the superintendent of the police station who exercises jurisdiction over the location of the institution, facilities, business place, or site under the subparagraphs of Article 2 of the Act (hereinafter referred to as "business place") (hereinafter referred to as the "superintendent of a police station who exercises jurisdiction over district"). In such cases, if the placement covers at least two Dos (including the Special Metropolitan City, Metropolitan Cities, a Special Self-Governing City, and a Special Self-Governing Province; hereinafter the same shall apply), the application may be submitted collectively to the commissioner of a relevant district police agency through the superintendent of the police station who exercises jurisdiction over the main business place: <Amended by Presidential Decree No. 25258, Mar. 18, 2014> | 1. | One copy of a ground plan of guarded area; |
| 2. | One copy of placement design. |
| Article 3 (Qualifications) |
The qualifications for appointment of the registered security guard under Article 5 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 24419, Mar. 23, 2013; Presidential Decree No. 25258, Mar. 18, 2014; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> | 1. | A person over 18 years of age: Provided, That in cases of men, the qualification shall be limited to a person who has completed the military service or was exempted therefrom; |
| 2. | A person who satisfies physical requirements prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 4 (Appointment Methods) |
| (1) | A person who has been notified of a decision to place the registered security guard under Article 4 (2) of the Act (hereinafter referred to as "applicant for special guards") shall apply to the commissioner of a district police agency for approval on the number of registered security guard for appointment within 30 days after he/she is notified of such decision of placement in accordance with Article 5 (1). |
| (2) | When an applicant for special guards has appointed the registered security guard under Article 5 (1) of the Act, he/she shall report such appointment to the commissioner of a district police agency through the superintendent of the police station who exercises jurisdiction over the location of the business place within ten days after the appointment. The foregoing shall also apply when the registered security guard vacates his/her post. |
| (1) | An applicant for special guards shall have police officers assigned for registered security guard receive a necessary education for the execution of their duties in the educational institution for police officers before they are placed in the guarded area: Provided, That if it is deemed necessary in the education program of the educational institution for police officers, they may be placed first in their post, and then may be educated within one year after they are appointed. |
| (2) | When any person who retired as a police official (including a conscripted police officer) or the registered security guard is appointed as the registered security guard within three years after his/her retirement, he/she may be exempted from receiving the education under paragraph (1). <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
| (3) | The matters necessary for the period of education, the educational subjects, the lesson period, and the execution of other educations under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 24419, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| Article 6 (Placement and Rotation) |
| (1) | When an applicant for special guards places the registered security guard at a post or transfers them to a new post, he/she shall report it to the superintendent of the police station who exercises jurisdiction over the location of the placement of their posts (if the applicant transfers them to a new post, he/she shall make a report to the superintendent of the police station who exercises jurisdiction over the location of the placement of their previous posts). |
| (2) | The superintendent of the police station who received a report under paragraph (1) shall, if the territorial district for re-assignment is not under his/her jurisdiction, notify the superintendent of the police station who exercises jurisdiction over the location of the new post. |
The matters concerning service of the registered security guard other than that provided for in Article 5 (4) of the Act shall be governed by the employment regulations of the business place concerned.
| Article 8 (Disciplinary Actions) |
| (1) | When a registered security guard falls under any of the subparagraphs of Article 5-2 (1), the superintendent of the police station concerned may request an applicant for special guards to take disciplinary actions against the registered security guard concerned. |
| (2) | The suspension under Article 5-2 (2) of the Act shall be between one month and three months, and, during this period of suspension, the registered security guard may retain his/her status as a registered security guard, but may not serve as such, and his/her salary shall be reduced by 2/4. |
| (3) | The period of salary reduction under Article 5-2 (2) shall be between one month and three months, and the salary shall be reduced by 1/3 during the period. |
| (4) | With regard to reprimand under Article 5-2 (2), an applicant for special guards shall admonish the registered security guard and require him/her to undergo penitence. |
| (5) | When an applicant for special guards receives a placement notice of the registered security guard, he/she shall enact the provisions for disciplinary actions and report them to the Commissioner of the Local Police Agency who exercises jurisdiction over the district within 15 days after their enactment. The foregoing shall also apply when he/she intends to change the provisions for disciplinary actions. |
| (6) | When the commissioner of a district police agency deems it necessary to supplement the provisions for disciplinary actions under paragraph (5), he/she may request supplementation thereof to an applicant for special guards. |
| Article 9 (Remuneration for Registered Security Guard Working at State Agencies or Local Governments) |
| (1) | The remuneration for registered security guard working at State agencies or local governments under Article 6 (2) of the Act shall be as prescribed in attached Table 1. |
| (2) | Allowances for registered security guard working at State agencies or local governments under Article 6 (2) of the Act shall be family allowance, compensation for actual expenses incurred, etc. under the Regulations on Allowances for Public Officials, and specific items for each allowance shall be determined and publicly notified by the Commissioner of the Local Police Agency. |
| (3) | The years in service under Article 6 (2) of the Act shall be the period a person served as a registered security guard. |
| Article 10 (Remuneration for Registered Security Guard Other Than Those Working at State Agencies or Local Governments) |
The remuneration and allowances for registered security guard, other than those working at State agencies or local governments, shall not be less than the minimum threshold publicly notified by the Commissioner of the Local Police Agency, in accordance with Article 6 (3) of the Act: Provided, That if the notified minimum threshold is less than the wage for workers who perform the same kind of or similar duties in the place of business they are placed, the amount equivalent to the wage paid to such workers shall be paid.
| Article 11 (Acknowledgement of Work Experience in Calculating Remunerations) |
| (1) | Unless otherwise prescribed in the employment regulations of the place of business where registered security guards are placed concerning the calculation of remuneration for the registered security guard, each of the following work experience shall be included in the experience that forms the basis for calculating remuneration: <Amended by Presidential Decree No. 26659, Nov. 20, 2015> |
| 1. | Career as a registered security guard; |
| 2. | Career as a military or a conscripted police officer; |
| 3. | If a person who served as a janitor, a guard, or a watchman or performed duties similar to those of the registered security guard is appointed as a registered security guard by the applicant of the place of business in which he/she works, the experience in serving such posts; |
| 4. | With regard to a registered security guard working at State agencies or local governments, the full-time experience in serving the State agencies or local governments. |
| (2) | The policy on the lead time for promotion of police officers shall apply mutatis mutandis to the lead time for promotion between salary classes for a registered security guard working at State agencies or local governments. |
| (3) | The employment policy of the place of business shall apply mutatis mutandis to lead time for promotion between salary classes and the increased amount for promotion for the registered security guard, other than those serving the State agencies or local governments, and, if there is no employment policy with regard thereto, the provisions on the salary classes of police officer shall apply mutatis mutandis. |
| Article 12 (Public Notice of Expenses for Registered Security Guard) |
| (1) | The methods for providing or paying the expenses for the registered security guard under Article 6 (1) 1 through 3 of the Act shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 24419, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (2) | With regard to the minimum amount and the amount of the expenses for registered security guard under Article 6 (3) of the Act, the expenses for the following year shall be publicly notified in December each year, in consideration of the expense for police officers among the police officials. |
| (1) | The attire of the registered security guard shall be divided into uniforms, outfits and accessories. |
| (2) | Matters concerning uniforms, outfits and accessories of the registered security guard shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 24419, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
| (3) | When a special uniform is required owing to the special conditions of the placement where the registered security guard are stationed, an applicant for special guards may allow them to wear the special uniform with approval from the commissioner of a district police agency. |
| Article 15 (Carrying Gas Guns) |
Any registered security guard may obtain permission to carry a gas gun under the Act on the Safety Management of Guns, Swords and Explosives and require the registered security guard to carry the gas gun to execute their duties. <Amended by Presidential Decree No. 26858, Jan. 6, 2016>
| Article 16 (Carrying Weapons) |
| (1) | When an applicant for special guards intends to borrow weapons to be carried by the registered security guard under Article 8 (2) of the Act, he/she shall apply to borrow weapons, to the commissioner of a district police agency through the superintendent of the police station who exercises jurisdiction over the district. |
| (2) | When the commissioner of a district police agency who has received an application under paragraph (1) intends to lend weapons to an applicant for special guards and have the registered security guard carry those weapons, he/she may have the superintendent of the police station of the district concerned do so only with regard to the weapons which the applicant for special guards donated to the State. |
| (3) | When the superintendent of the relevant police station lends weapons to an applicant for special guards under paragraph (1), he/she shall occasionally inspect the state of the weapons controlled by the registered security guard. |
| (4) | Any applicant for special guards and the registered security guard shall observe the control regulations of weapons prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 24419, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28215, Jul. 26, 2017> |
The superintendent of a police station who exercises jurisdiction over the district shall visit the guarded area where registered security guards are stationed not less than once a month and supervise the following matters:
| 1. | Service regulations and status of service; |
| 2. | Management and handling of weapons. |
| Article 18 (Status of Registered Security Guard) |
A registered security guard shall not be regarded as a public official except when he/she is subject to the penalty provisions under the Criminal Act or other statutes or regulations, or except as provided in the Act or this Decree.
| Article 19 (Delegation of Authority of Placement) |
| (1) | When a security business entity under the Security Services Industry Act (hereafter in this Article referred to as "security business entity") is contracted for security service regarding key facilities, an applicant for special guards may delegate his/her authority to supervise and place the registered security guards who are stationed in the business place to the security business entity. |
| (2) | When an applicant for special guards delegates his/her authority to place and supervise the registered security guard to a security business entity under paragraph (1), he/she shall not give any disadvantage to them in terms of remuneration and their status by virtue of such delegation. |
| Article 20 (Delegation of Authority) |
The commissioner of a district police agency shall delegate the authority falling under any of the following subparagraphs to the superintendent of the relevant police station pursuant to Article 10-3 of the Act: Provided, That this shall apply only where the business place, wherein the registered security guard is posted, is located in the competent district of one police station: | 3. | Authority to issue orders for instruction and supervision to an applicant for special guards pursuant to Article 9-3 (2) of the Act; |
| Article 20-2 (Management of Sensitive Information and Personally Identifiable Information) |
| 1. | Affairs concerning personnel management, including appointment or placement of the registered security guard under the Act and this Decree; |
| 2. | Affairs concerning wearing uniforms and carrying weapons of the registered security guard under Article 8 of the Act; |
| 4. | Affairs necessary for conducting the affairs under subparagraphs 1 through 3. |
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
| Article 20-3 (Re-Examination of Regulation) |
The Commissioner General of the Korean National Police Agency shall examine the appropriateness of disciplinary actions against a registered security guard under Article 8 every three years from January 1, 2014 (referring to the period that ends on the day before January 1 of every third year) and shall take measures for improvement, etc. [This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
| Article 21 (Criteria for Imposition of Administrative Fines) |
| (1) | The criteria for imposing administrative fines under Article 12 (1) shall be as specified in attached Table 2. |
| (2) | The commissioner of a district police agency may reduce or aggravate the amount of administrative fines specified in attached Table 2 by up to 50/100, in consideration of the motive, details, severity, etc. of violation: Provided, That when aggravating the amount of an administrative fine, the amount shall not exceed the upper limit of administrative fines under Article 12 (1) of the Act. |
ADDENDUM
This Decree shall enter into force on July 1, 2010.
ADDENDA <Act No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 22908, Apr. 28, 2011>
This Decree shall enter into force on the date of its promulgation, and shall apply on January 1, 2011.
ADDENDA <Act No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23738, Apr. 18, 2012>
This Decree shall enter into force on the date of its promulgation, and shall apply on January 1, 2012.
ADDENDA <Presidential Decree No. 24403, Mar. 18, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
This Decree shall apply, starting with the first remuneration paid after January 1, 2013.
ADDENDA <Presidential Decree No. 24419, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25258, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Remuneration)
The amended provisions of attached Table 1 shall apply, starting with the first remuneration paid after January 1, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended part of a Presidential Decree which was promulgated before the enforcement of this Decree, but the date on which it enters into force has not yet arrived, among the Presidential Decrees amended by Article 5 of the Addenda, shall enter into force on the enforcement of the relevant Presidential Decree, respectively.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26352, Jun. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of attached Table 1 shall enter into force on July 1, 2015.
Article 2 (Special Cases concerning Remuneration of Registered Security Guards)
Notwithstanding attached Table 1, the amended provisions of attached Table 1-2 shall apply to the remuneration of registered security guards to be paid between January 1, 2015 and June 30, 2015.
ADDENDA <Presidential Decree No. 26659, Nov. 20, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 26858, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 17, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27168, May 17, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Remuneration)
The amended provisions of attached Table 1 shall apply beginning with the remuneration to be paid after January 1, 2016.
ADDENDA <Presidential Decree No. 28127, Jun. 20, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Remuneration)
The amended provisions of attached Table 1 shall apply beginning with the remuneration to be paid after January 1, 2017.
ADDENDA <Presidential Decree No. 28215, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 28884, May 15, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Remuneration)
The amended provisions of attached Table 1 shall apply beginning with the remuneration to be paid after January 1, 2018.