REGISTERED SECURITY GUARD ACT
Wholly Amended by Act No. 2666, Dec. 31, 1973
Amended by Act No. 2949, Dec. 31, 1976
Act No. 3228, Jan. 4, 1980
Act No. 3371, Feb. 14, 1981
Act No. 3677, Dec. 30, 1983
Act No. 4369, May 31, 1991
Act No. 5937, Mar. 31, 1999
Act No. 6466, Apr. 7, 2001
Act No. 7662, Aug. 4, 2005
Act No. 8852, Feb. 29, 2008
Act No. 10013, Feb. 4, 2010
Act No. 11690, Mar. 23, 2013
Act No. 12600, May 20, 2014
Act No. 12844, Nov. 19, 2014
Act No. 12921, Dec. 30, 2014
Act No. 14839, Jul. 26, 2017
Act No. 15765, Sep. 18, 2018
The purpose of this Act is to smoothly operate the system of registered security guards, by prescribing duties, appointments, placements, remuneration, social security, and other necessary matters for them.
[This Article Wholly Amended by Act No. 10013, Feb. 4, 2010]
The term "registered security guard" used in this Act means any security guard who is placed to take charge of security for the institutions, facilities, or places of business which fall under the following subparagraphs when their heads or managers make a request for placement of security guards at their expense (hereinafter referred to as "expenses for registered security guards"): <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
| 1. | State agencies or public organizations, and major facilities or places of business which are under their control; |
| 2. | Foreign institutions in Korea; |
| 3. | Other major facilities, business places, or sites prescribed by Ordinance of the Ministry of the Interior and Safety. |
[This Article Wholly Amended by Act No. 10013, Feb. 4, 2010]
| Article 3 (Duties of Registered Security Guards) |
Registered security guards shall be supervised by any person who has been confirmed on the placement of the registered security guards under Article 4 (2) (hereinafter referred to as "applicant for registered security guards") and the chief of a police station who exercises jurisdiction over the institutions, facilities, or business places where they are posted, and shall execute their duties under the Act on the Performance of Duties by Police Officers in the guarded area within the scope necessary for the purpose of guard. <Amended by Act No. 12600, May 20, 2014> [This Article Wholly Amended by Act No. 10013, Feb. 4, 2010]
| Article 4 (Placement of Registered Security Guards) |
| (1) | A person who intends to have registered security guards posted shall request therefor, as prescribed by Presidential Decree, from the commissioner of a district police agency which exercises jurisdiction over the district. |
| (2) | When the commissioner of a district police agency is requested to place registered security guards under paragraph (1), he or she shall promptly make a decision on the request and notify the applicant of its decision. |
| (3) | The commissioner of a district police agency may request the head of the institutions or the manager of the facilities or places of business for which he or she considers it necessary to place registered security guards. |
[This Article Wholly Amended by Act No. 10013, Feb. 4, 2010]
| Article 5 (Appointment of Registered Security Guards) |
| (1) | Registered security guards shall be appointed by the applicant for registered security guards, and the applicant for registered security guards shall obtain approval for appointment from the commissioner of a district police agency in advance. |
| (3) | Matters concerning the qualifications for appointment, methods of appointment, education, and remuneration of registered security guards shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10013, Feb. 4, 2010]
[Paragraph (4) of this Article is amended by Act No. 15765 on Sep. 18, 2018, following a decision of incompatibility with the Constitution by the Constitutional Court made on September 28, 2017.]
| Article 5-2 (Disciplinary Actions Against Registered Security Guards) |
| (1) | If a registered security guard falls under any of the following subparagraphs, the applicant for registered security guards shall take disciplinary actions via disciplinary procedures prescribed by Presidential Decree: |
| 1. | When he or she violates or neglects his or her duties; |
| 2. | When he or she commits any act that undermines his or her dignity. |
| (2) | The kinds of disciplinary actions against registered security guards shall be classified into dismissal, removal, suspension, reduction in salary, and reprimand. |
| (3) | Other necessary matters concerning the disciplinary actions against registered security guards shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10013, Feb. 4, 2010]
| Article 6 (Expenses for Registered Security Guards) |
| (1) | The applicant for registered security guards shall bear the following expenses for registered security guards: |
| 1. | Wages and allowances to be paid to registered security guards; |
| 2. | Expenses for the uniform of registered security guards; |
| 3. | Educational expenses for registered security guards; |
| (2) | The remuneration for registered security guards serving for State agencies or local governments shall be prescribed by Presidential Decree, in consideration of the salary of the police in the same years of service as classified below: <Amended by Act No. 12921, Dec. 30, 2014> |
| 1. | Less than 15 years of service: Police Officer; |
| 2. | Not less than 15 but less than 23 years of service: Senior Police Officer; |
| 3. | Not less than 23 but less than 30 years of service: Assistant Inspector; |
| 4. | Not less than 30 years of service: Inspector. |
| (3) | The minimum amount of wages and allowances paid by the applicant under paragraph (1) 1 (excluding the wages and allowances for registered security guards serving for State agencies or local governments) and the minimum amount of expenses under subparagraphs 2 and 3 of the same paragraph shall be determined and publicly notified by the Commissioner General of the Korean National Police Agency. |
[This Article Newly Inserted by Act No. 10013, Feb. 4, 2010]
When a registered security guard falls under any of the following subparagraphs, the applicant for registered security guards shall provide the person himself or herself or his or her bereaved family with indemnity, as prescribed by Presidential Decree:
| 1. | When the person is injured, becomes ill, or dies on duty; |
| 2. | When the person retires from service due to work-related injury or disease or the person dies within two years after retirement. |
[This Article Newly Inserted by Act No. 10013, Feb. 4, 2010]
| Article 7-2 (Retirement Allowances) |
When a registered security guard retires, the applicant for registered security guards shall pay him or her the retirement allowance pursuant to the Act on the Guarantee of Workers' Retirement Benefits: Provided, That the retirement allowances for registered security guards working for State agencies or local governments shall be separately prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10013, Feb. 4, 2010]
| Article 8 (Uniform-Wearing and Weapon-Carrying) |
| (1) | Registered security guards shall wear a uniform while on duty. |
| (2) | When the commissioner of a district police agency deems it necessary for registered security guards to carry weapons for the performance of their duties, the commissioner may request the chief of a police station who exercises jurisdiction over the district to lend weapons to them to carry upon the request of the applicant for registered security guards. |
| (3) | Necessary matters concerning the uniform of registered security guards and their carrying weapons shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10013, Feb. 4, 2010]
| Article 9 Deleted. <by Act No. 5937, Mar. 31, 1999> |
| Article 9-2 Deleted. <by Act No. 6466, Apr. 7, 2001> |
| Article 9-3 (Supervision) |
| (1) | The applicant for registered security guards shall supervise the performance of duties of registered security guards at all times, and shall provide them with education necessary to perform their duties. |
| (2) | The commissioner of a district police agency may instruct the applicant for registered security guards to manage registered security guards effectively and issue an order necessary for supervision. |
[This Article Newly Inserted by Act No. 10013, Feb. 4, 2010]
| Article 9-4 (Prohibition on Protest) |
Registered security guards shall not go on a strike, participate in a go-slow, or stage any protest disrupting ordinary operation of duties.
[This Article Newly Inserted by Act No. 15765, Sep. 18, 2018]
| Article 10 (Prohibition of Abuse of Official Authority) |
| (1) | When the assignment for a registered security guard inflicts damage or harm to people on account of his or her misfeasance during the execution of duties, the person shall be punished by imprisonment with labor or without labor for not more than six months. |
| (2) | A person engaged in the duties of registered security guard shall be deemed to be a public official in applying the penal provisions under the Criminal Act, other statutes or regulations. |
[This Article Newly Inserted by Act No. 10013, Feb. 4, 2010]
| Article 10-2 (Liability for Compensation for Illegal Acts of Registered Security Guards) |
The provisions of the Civil Act shall apply to the liability to compensate for his or her illegal act committed by a registered security guard (excluding the registered security guard working for State agencies or local governments) in the course of performing his or her duties. [This Article Newly Inserted by Act No. 10013, Feb. 4, 2010]
| Article 10-3 (Delegation of Authority) |
The commissioner of a district police agency may delegate part of his or her authority under this Act to the chief of any competent police station, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10013, Feb. 4, 2010]
| Article 10-4 (Dismissal Against Will) |
| (1) | Any registered security guard shall not be dismissed against his or her will, except for the cases where he or she is unable to perform his or her duties due to the declaration of sentence, disciplinary measure or mental or physical disorder. |
| (2) | Any applicant for registered security guards shall, when dismissing any registered security guard, file a report thereon with the commissioner of a district police agency through the chief of a competent police station. |
[This Article Newly Inserted by Act No. 10013, Feb. 4, 2010]
| Article 10-5 (Abolition of Posting) |
| (1) | When it is deemed necessary to terminate the posting of the relevant registered security guards or reduce the number of registered security guards assigned following the shutdown or reduction of an establishment to which the registered security guards are assigned, an applicant for registered security guards may abolish their posting, or reduce the number of registered security guards assigned thereto: Provided, That no applicant for registered security guards shall abolish the assignment of registered security guards or reduce their number in any of the following cases: <Amended by Act No. 12921, Dec. 30, 2014> |
| 2. | Where institutions, facilities, places of business, etc. are relocated to other places without any reason for changes in the number of registered security guards assigned thereto. |
| (2) | Any applicant for registered security guards shall, when abolishing the posting the registered security guards or reducing the number thereof under paragraph (1), file a report thereon with the chief of a police station who has decided to post such registered security guards, and when the commissioner of a district police agency has requested that the registered security guards be posted at the relevant establishment pursuant to Article 4 (3), such report shall specify the grounds for such abolishment or reduction in detail. |
| (3) | Where an applicant for registered security guards abolishes the assignment of registered security guards or reduces their number, the relevant applicant shall endeavor to ensure the employment of registered security guards by assigning redundant registered security guards following the abolishment of their assignment or the reduction of their number to similar duties to the similar duties at the same institutions, facilities, or places of business, by re-posting them to other facilities, places of business, etc. or by taking other measures. <Newly Inserted by Act No. 12921, Dec. 30, 2014> |
[This Article Newly Inserted by Act No. 10013, Feb. 4, 2010]
| Article 10-6 (Obligatory Resignation) |
A registered security guard falling under any of the following subparagraphs shall be subject to obligatory resignation:
| 1. | When he or she falls under disqualifications for appointment under Article 5 (2); |
| 2. | When the posting of the registered security guard is abolished pursuant to Article 10-5; |
| 3. | When he or she arrives at the age of 60: Provided, That if the date falls between January and June, he or she shall retire on June 30, and if the date falls between July and December, he or she shall retire on December 31. |
[This Article Newly Inserted by Act No. 10013, Feb. 4, 2010]
[Decision of simple unconstitutionality, 2017Hun-Ka26, Jan. 25, 2018: the provision of subparagraph 1 of Article 10-6 of the Registered Security Guard Act (as amended by Act No. 10013 on Feb. 4, 2010)relating to subparagraph 5 of Article 33 of the State Public Officials Act in Article 5 (2) of the Registered Security Guard Act violates the Constitution.]
| Article 10-7 (Leave of Absence and Honorary Retirement) |
[This Article Newly Inserted by Act No. 10013, Feb. 4, 2010]
| Article 11 (Penalty Provisions) |
A person who goes on a strike, participates in a go-slow, or stages any protest disrupting ordinary operation of duties in violation of Article 9-4 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. <Amended by Act No. 15765, Sep. 18, 2018> [This Article Newly Inserted by Act No. 10013, Feb. 4, 2010]
| Article 12 (Administrative Fine) |
| (1) | Any person who falls under any of the following subparagraphs shall be punished by an administrative fine not exceeding five million won: |
| 1. | A person who places registered security guards without decision by the commissioner of a district police agency on their placement under Article 4 (2), or who appoints registered security guards without approval by the commissioner of a district police agency under Article 5 (1); |
| 2. | A person who fails to pay the remuneration above the minimum amount of wage publicly notified by the Commissioner of the National Police Agency under Article 6 (3) without good cause; |
| 3. | A person who fails to implement any order necessary to supervise registered security guards under Article 9-3 (2) without good cause. |
| (2) | The administrative fine under paragraph (1) shall be imposed and collected by the commissioner of a district police agency under the conditions prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10013, Feb. 4, 2010]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) Registered security guards who have been appointed pursuant to the previous provisions at the time this Act enters into force, shall be regarded as the police officers appointed under this Act. |
| (3) | (Idem) The matters concerning the expenses for the employment and maintaining of registered security guards which were paid to the National Treasury pursuant to the previous provisions at the time this Act enters into force, shall be subject to the previous examples. |
ADDENDUM <Act No. 2949, Dec. 31, 1976>
This Act shall enter into force one month after the date of its promulgation.
ADDENDA <Act No. 3228, Jan. 4, 1980>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures) The registered security guard who has been appointed pursuant to the previous provisions at the time this Act enters into force shall be regarded as the police officer appointed under this Act. |
ADDENDUM <Act No. 3371, Feb. 14, 1981>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 3677, Dec. 30, 1983>
This Act shall enter into force one month after the date of its promulgation.
ADDENDA <Act No. 4369, May 31, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force sixty days after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 5937, Mar. 31, 1999>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Administrative Fine) The application of an administrative fine to any act committed before this Act enters into force shall be governed by the previous provisions. |
ADDENDA <Act No. 6466, Apr. 7, 2001>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, that the amended provisions of Articles 10-4 through 10-6 shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Service) The acts in violation of the previous provisions of Article 5 (4) before this Act enters into force shall be governed by the previous provisions. |
| (3) | (Transitional Measures concerning Administrative Fine) The application of an administrative fine to any act committed before this Act enters into force shall be governed by the previous provisions. |
ADDENDUM <Act No. 7662, Aug. 4, 2005>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10013, Feb. 4, 2010>
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 2010. |
| (2) | (Applicability to Remuneration for Registered Security Guards) The amended provisions of Article 6 (2) shall also apply to the remuneration for registered security guards working for State agencies or local governments as at the time this Act enters into force. |
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12600, May 20, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended part of an Act which was promulgated before the enforcement of this Act, the date on which it enters into force has not yet arrived, among the Acts amended by Article 6 of the Addenda, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12921, Dec. 30, 2014>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 6 (2) shall enter into force July 1, 2015.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 5 of this Addenda, amended parts of the Acts which were promulgated before this Act enters into force, the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15765, Sep. 18, 2018>
This Act shall enter into force on the date of its promulgation.