SECURITY SERVICES INDUSTRY ACT
Wholly Amended by Act No. 6467, Apr. 7, 2001
Amended by Act No. 6787, Dec. 18, 2002
Act No. 7544, May 31, 2005
Act No. 7671, Aug. 4, 2005
Act No. 8852, Feb. 29, 2008
Act No. 8872, Feb. 29, 2008
Act No. 9192, Dec. 26, 2008
Act No. 9579, Apr. 1, 2009
Act No. 11690, Mar. 23, 2013
Act No. 11872, jun. 7, 2013
Act No. 12844, Nov. 19, 2014
Act No. 12911, Dec. 30, 2014
Act No. 13397, Jul. 20, 2015
Act No. 13718, Jan. 6, 2016
Act No. 13719, Jan. 6, 2016
Act No. 13814, Jan. 26, 2016
Act No. 14839, Jul. 26, 2017
Act No. 14909, Oct. 24, 2017
Act No. 16316, Apr. 16, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the sound operation of the security business by providing for necessary matters concerning the fostering and development of the security business and the systematic management thereof.
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 7544, May 31, 2005; Act No. 11872, Jun. 7, 2013>
| 1. | The term "security business" means the service falling under any of the following items (hereinafter referred to as "security services") that is performed, in whole or in part, according to a contract: |
| (a) | Facility security services: Services rendered to prevent the occurrence of dangers, such as theft, fire, and congestion in establishments and places which are in need of security services (hereinafter referred to as "establishment subject to security services"); |
| (b) | Escort security services: Services provided to prevent the occurrence of dangers, such as theft and fire, with regard to cash, securities, precious metals, commodities, and other articles in transit; |
| (c) | Personal protection services: Services provided to prevent the occurrence of dangers posed to the life or body of any person and protect such person; |
| (d) | Mechanical equipment security services: Services provided to prevent the occurrence of dangers, such as theft and fire, through receiving information which has been sensed and transmitted by the equipment installed in establishments subject to security services with the equipment of control facilities which are installed in places other than establishments subject to security services; |
| (e) | Special security services: Services rendered to guard key national establishments such as airports (including aircraft) prescribed by Presidential Decree (hereinafter referred to as "key national establishments") and to prevent the occurrence of theft, fire, and other dangers in such establishments; |
| 2. | The term "security instructor" means the person in charge of guiding, supervising, and educating security guards, and shall be categorized as a general security instructor or a mechanical security instructor; |
| 3. | The term "security guard" means a person falling under any of the following items, who is hired by a corporation that has obtained a license for the security business under Article 4 (1) (hereinafter referred to as "security business entity"): |
| (a) | General security guard: a person in charge of rendering security services provided in subparagraph 1 (a) through (d); |
| (b) | Special security guard: a person in charge of rendering security services provided in subparagraph 1 (e); |
| 4. | The term "weapons" means the handgun, rifle, etc. manufactured to inflict dangers to the life and body of a person; |
| 5. | The term "collective petition site" means any of the following places: |
| (c) | A place where a civil petition has been filed in relation to the installation of a particular facility; |
| (d) | A place where disputes exist because interests conflict in relation to a general meeting of shareholders; |
| (e) | A place where disputes exist because interests conflict in relation to legal rights, such as the right to own, operate, manage, or occupy immovable property, such as buildings and land, and movable property; |
| (f) | A place for an international, cultural, artistic or sports event where at least 100 persons gather; |
No one other than a corporation shall be prohibited from running the security business.
CHAPTER II LICENSE, ETC. FOR SECURITY BUSINESS
| Article 4 (License for Security Business) |
| (1) | Any corporation that intends to run the security business shall specify the security services intended to be rendered under a contract and then obtain a license therefor from the commissioner of a district police agency having jurisdiction over the seat of the principal office of such corporation. The same shall apply where the corporation alters the licensed security services intended to be provided under a contract. |
| (2) | Any corporation that intends to obtain a license under paragraph (1) shall satisfy the following requirements: <Amended by Act No. 11872, Jun. 7, 2013> |
| 1. | Holding capital of at least 100 million won as determined by Presidential Decree; |
| 2. | The following requirements for the manpower of security guards: |
| (a) | Facility security services: at least 20 security guards and at least one security instructor; |
| (b) | Security services other than facility security services: the manpower of security guards as determined by Presidential Decree; |
| 3. | Having facilities and equipment as determined by Presidential Decree, including a training place for educating the manpower of security guards referred to in subparagraph 2; |
| 4. | Other matters determined by Presidential Decree in order to render security services. |
| (3) | Where any corporation that has obtained a license of the security business under paragraph (1) falls under any of the following subparagraphs, it shall file a report thereon with the commissioner of a district police agency: |
| 1. | When it discontinues or suspends the security business; |
| 2. | When it changes its name, representative, and executive officers; |
| 3. | When it sets up, relocates, or closes its principal office or branch office; |
| 4. | When it installs, relocates, or shuts down control facilities used to carry out the mechanical equipment security services; |
| 5. | When it commences or terminates the special security services; |
| 6. | When it alters other important matters prescribed by Presidential Decree. |
| (4) | Necessary matters concerning the license or report, such as the procedures for the license or the report and the time limit for the report under paragraphs (1) and (3) shall be prescribed by Presidential Decree. |
| Article 4-2 (Restrictions on License) |
| (1) | No person shall obtain a security business license in the same name as that of the security business that has obtained the license referred to in Article 4 (1). |
| (2) | Where a security business license has been cancelled for reasons referred to in Article 19 (1) 2 and 7 and 10 years have yet to elapse from the date of revocation of such license, no person shall obtain the license referred to in Article 4 (1) in the same name as that of the security business, the license for which has been cancelled. |
| (3) | No corporation whose license has been cancelled for reasons referred to in Article 19 (1) 2 and 7 shall obtain the license referred to in Article 4 (1) unless five years have yet to elapse from the date of revocation of such license, notwithstanding changes in the name of the corporation or its executive officers. |
[This Article Newly Inserted by Act No. 11872, Jun. 7, 2013]
| Article 5 (Disqualification Grounds for Executive Officers) |
Persons falling under any of the following shall not be appointed as an executive officer of a corporation that runs security business (referring to a corporation that provides the special security services in the case of a person falling under subparagraph 4, and a corporation that provides the same type of the security services as the security services falling under the grounds for cancellation of a license in the case of a person falling under subparagraph 5): <Amended by Act No. 8872, Feb. 29, 2008; Act No. 11872, Jun. 7, 2013; Act No. 12911, Dec. 30, 2014>
| 1. | A person under adult guardianship or a person under limited guardianship; |
| 2. | A person who has yet to be reinstated after having been adjudicated bankrupt; |
| 3. | A person who has been sentenced to imprisonment without labor or greater punishment and for whom the punishment has yet to lapse; |
| 4. | A person who has been punished by a fine for violating this Act or the Presidential Security Act and for whom three years have yet to lapse; |
| 5. | A person who served as an executive officer of a corporation at the time such corporation's license was cancelled for violating this Act (excluding Article 19 (1) 2 and 7) or an order issued under this Act and for whom three years have yet to lapse from the date of revocation of such license; |
| 6. | A person who served as an executive officer of a corporation at the time such corporation's license was cancelled for reasons referred to in Article 19 (1) 2 and 7 and for whom five years have yet to lapse from the date of cancellation of such license. |
| Article 6 (Term of Validity, etc. of License) |
| (1) | The term of validity of a security business license under Article 4 (1) shall be five years from the date on which the license is issued. |
| (2) | Any corporation that intends to continue the security business after expiration of the term of validity of its license under paragraph (1) shall obtain a renewed license as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 7 (Obligations of Security Business Entities) |
| (1) | A security business entity shall perform its security services within the scope of the management right of the owner or manager of an establishment subject to security services (hereinafter referred to as "owner of an establishment") and shall not infringe on the freedom or right of other persons or interfering with their legitimate activities. |
| (2) | A security business entity shall faithfully carry out its security services, and reject any illegal or unfair security services contract. |
| (3) | A security business entity shall not enter into an unfair security services contract that infringes on the rights of security guards or impeding a sound development of the security business. |
| (4) | A person who is working or has worked as an executive officer or employee of any security business entity shall not disclose any confidential information he/she has obtained while performing his/her duties, provide it to another person for use, or otherwise use it for unjust purposes, except as otherwise specifically provided in other Acts. |
| (5) | A security business entity shall not cause its security guards to engage in any service other than the licensed security services. |
| (6) | When placing security guards at a collective petition site, a security business entity shall appoint and place a security instructor at such site, and shall require the security instructor to guide and supervise the security guards, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted by Act No. 11872, Jun. 7, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (7) | When a security business entity rendering the special security services (hereinafter referred to as “special security business entity”) files a report on the commencement of the special security services under Article 4 (3) 5, it shall designate a person, from among other special security business entities, who will provide the special security services on its behalf (hereinafter referred to as “security services agency”) where its provision of the special security services for a key national establishment is suspended, and report such fact to the licensing authority. The same shall apply to a case where it intends to alter the designation of the security services agency. |
| (8) | Where the special security services for a key national establishment is suspended, the special security business entity shall notify the security services agency under paragraph (7) of such fact in advance, and upon receiving such notice, the security services agency shall immediately take over the security services. In such cases, paragraph (7) shall apply mutatis mutandis to the security services agency. <Amended by Act No. 12911, Dec. 30, 2014> |
| (9) | A special security business entity shall not engage in other business than the security-related business prescribed by Presidential Decree, such as the security business under this Act, the business of manufacturing, installing and selling of security equipment, the information industry utilizing networks, the business of maintaining and managing installations and the business of training security guards. <Amended by Act No. 6787, Dec. 18, 2002> |
<This Article Amended by Act No. 6787 on December 18, 2002 following the decision of unconstitutionality made by the Constitutional Court on April 25, 2002>
| Article 7-2 (Obligations of Contractors, etc. for Security Services) |
| (1) | No person shall subcontract security services to a person who has not obtained the license referred to in Article 4 (1). |
| (2) | Where any person intends to place 20 or more security guards at a collective petition site, he/she shall not directly hire such security guards, but shall subcontract security services to a security business entity: Provided, That the same shall not apply to employees who have been hired directly by the owner, etc. of an establishment to perform security services at least three months prior to the formation of such collective petition site. |
| (3) | No person who subcontracts security services pursuant to paragraph (1) or (2) shall intervene in, or exert influence on, the hiring of an unqualified person, unsuitable person, etc. when the security business entity that is subcontracted to provide security services hires a security guard. <Newly Inserted by Act No. 13397, Jul. 20, 2015> |
| (4) | The detailed scope, etc. of unqualified or unsuitable persons under paragraph (3) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13397, Jul. 20, 2015> |
[This Article Newly Inserted by Act No. 11872, Jun. 7, 2013]
CHAPTER III MECHANICAL EQUIPMENT SECURITY SERVICES
| Article 8 (Response System) |
A security business entity that provides the mechanical security services (hereinafter referred to as "mechanical security business entity") shall, when it receives an alert about an establishment subject to its security service, promptly check the fact, and take other necessary response measures, and establish a response system therefor.
| Article 9 (Prevention, etc. of Erroneous Alert) |
| (1) | When a mechanical security business entity enters into a mechanical security services contract, it shall explain how to operate equipment as well as the operation system thereof to a contracting party, and properly manage such equipment in order to prevent any erroneous alert and any poor operation of such equipment. |
| (2) | Any mechanical security business entity shall prepare and keep related documents as prescribed by Presidential Decree in order to ensure the smooth operation and improvement of the mechanical security services, including responsive measures. |
CHAPTER IV SECURITY INSTRUCTOR AND SECURITY GUARDS
| Article 10 (Disqualification Grounds for Security Instructor and Security Guards) |
| (1) | Persons falling under any of the following shall be disqualified from being a security instructor or a general security guard: <Amended by Act No. 11872, Jun. 7, 2013; Act No. 12911, Dec. 30, 2014> |
| 1. | A person who is younger than full 18 years of age, a person under adult guardianship, or a person under limited guardianship; |
| 2. | A person who has yet to be reinstated after having been adjudicated bankrupt; |
| 3. | A person who has been sentenced to imprisonment without labor or greater punishment and for whom five years have yet to elapse from the date on which the execution of such sentence is terminated (including a case where the execution of such sentence is deemed terminated) or exempted; |
| 4. | A person who is under suspension of the execution of imprisonment without labor or greater punishment as declared by a court; |
| 5. | A person who has been sentenced to a fine for committing any of the following crimes and for whom ten years have yet to elapse from the date of the sentencing, or who has been sentenced to imprisonment without labor or heavier punishment for committing any of the following crimes and for whom ten years have yet to elapse from the date on which the execution of the sentence was completed (including cases where the execution is deemed completed) or after the execution of the sentence was suspended or remitted: |
| (e) | A crime referred to in Articles 7 and 8 of the Act on the Protection of Children and Juveniles against Sexual Abuse; |
| (f) | A crime referred to in items (c) through (e) and subject to aggravated punishment under other Acts; |
| 6. | A person who has been sentenced to a fine for committing any of the following crimes and for whom five years have yet to elapse from the date of the sentencing, or who has been sentenced to imprisonment without labor or heavier punishment for committing any of the following crimes and for whom five years have yet to elapse from the date on which the execution of the sentence was suspended: |
| (b) | A crime referred to in item (a) and subject to aggravated punishment under other Acts; |
| (c) | and (d) Deleted; <by Act No. 12911, Dec. 30, 2014> |
| 7. | A person who has been sentenced to medical treatment and custody for committing a crime referred to in items (c) through (f) of subparagraph 5 and for whom ten years have yet to elapse from the date on which the execution of such sentence was completed or remitted, or a person who has been sentenced to medical treatment and custody for committing a crime referred to in any item of subparagraph 6 and for whom five years have yet to elapse from the date on which the execution of such sentence was remitted; |
| 8. | A person who has been sentenced to punishment of a fine by reason of violating this Act or an order issued under this Act and for whom five years have yet to elapse from the date on which the sentence was given, or who has been sentenced to imprisonment without labor or greater punishment for such reasons and for whom five years have yet to elapse from the date on which the execution of such sentence was suspended. |
| (2) | Persons falling under any of the following shall not become a special security guard: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9579, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013; Act No. 11872, Jun. 7, 2013; Act No. 12844, Nov. 19, 2014; Act No. 12911, Dec. 30, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | A person who is younger than full 18 years of age or not younger than full 60 years of age, a person under adult guardianship, or a person under limited guardianship; |
| 2. | A person falling under any of paragraph (1) 2 through 8; |
| 3. | A person who is under suspension of sentence after having been declared suspension of sentence of imprisonment without labor or greater punishment; |
| 4. | A person who fails to meet the physical requirements prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (3) | Any security business entity shall be prohibited from employing disqualified persons falling under the subparagraphs of paragraph (1) or (2) as a security instructor or security guard, or allowing them to work as a security instructor or security guard. |
| Article 11 (Examination, etc. for Security Instructor) |
| (1) | A security instructor shall be a person who does not fall under any subparagraph of Article 10 (1), and who has passed an examination for the security instructor administered by the Commissioner General of the Korean National Police Agency and undergone education prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Commissioner General of the Korean National Police Agency shall issue a qualification certificate of a security instructor to any person who has undergone education referred to in paragraph (1), as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The examination for security instructor shall be conducted at least once a year, and examination subjects, public notification of examination, scope of persons exempted from the examination, and other necessary matters concerning the examination for security instructor shall be prescribed by Presidential Decree. <Amended by Act No. 14909, Oct. 24, 2017> |
| Article 12 (Appointment, etc. of Security Instructor) |
| (1) | A security business entity shall appoint security instructors, as prescribed by Presidential Decree. |
| (2) | The duties of any security instructor appointed in accordance with paragraph (1) shall be as follows: <Amended by Act No. 11872, Jun. 7, 2013> |
| 1. | Establishment and implementation of plans for guidance, supervision, and education of security guards, and keeping of records thereof; |
| 2. | Field check and supervision of security guards placed on the spot; |
| 3. | Guidance of security guards with respect to the method of alerting police and fire-fighting institutions; |
| 4. | Guidance and supervision of security guards placed at a collective petition site; |
| 5. | Other duties prescribed by Presidential Decree. |
| (3) | The security instructor appointed shall faithfully perform his/her duties provided in each subparagraph of paragraph (2), as prescribed by Presidential Decree. |
| Article 13 (Education, etc. for Security Guards) |
| (1) | A security business entity shall require its security guards to receive education for newly hired security guards and job training as prescribed by Presidential Decree for provision of proper security services: Provided, That a security business entity may exempt general security guards with experience or qualifications prescribed by Presidential Decree from receiving the education for newly hired security guards. <Amended by Act No. 11872, Jun. 7, 2013; Act No. 13814, Jan. 26, 2016> |
| (2) | Any person who intends to become a security guard may receive the education for newly hired security guards in advance at an educational institution prescribed by Presidential Decree. <Newly Inserted by Act No. 13814, Jan. 26, 2016> |
| (3) | A special security business entity shall require its special security guards to receive education for newly hired special security guards and regular job training as prescribed by Presidential Decree, and shall not allow any special security guard who has failed to receive such education for newly hired special security guards to provide the special security services. <Amended by Act No. 11872, Jun. 7, 2013> |
| (4) | When the education for special security guards under paragraph (3) is conducted, police officials from the competent police station shall be present in an educational institution in which such education is conducted to guide and supervise the education as prescribed by Presidential Decree. <Amended by Act No. 13814, Jan. 26, 2016> |
| Article 14 (Duties of Special Security Guards and Their Use of Weapons, etc.) |
| (1) | Any special security business entity shall get his special security guards to guard establishments and perform other duties of preventing the occurrence of theft, fire, and other dangers in guard areas at which they are placed under the supervision of persons responsible for guarding key national establishments, including the heads of competent police stations and the heads of airport police stations (hereinafter referred to as the "head of the competent police agency"), and the owners of such key national establishments. |
| (2) | Any special security guard shall not cause any impediment to the normal operation of key national establishments while rendering his security services for such key national establishments. |
| (3) | When it is deemed necessary to perform security services for a key national establishment, the commissioner of a district police agency shall purchase weapons upon a request from the owner of such key national establishment. In such cases, the owner of the key national establishment shall pay for the purchase of such weapons and donate the purchased weapons to the State. |
| (4) | When it is deemed necessary to perform security services for a key national establishment, the commissioner of a district police agency shall require the head of a competent police agency to rent the weapons that the owner of the key national establishment has donated to the State, upon a request from the owner of such key national establishment, and the owner of the key national establishment may allow his/her special security guards to carry such weapons. In such cases, the special security guards shall not leave the guard area at which they are placed, carrying their weapons, without justifiable reasons. |
| (5) | The owner of a relevant key national establishment and the head of a competent police agency shall assume the responsibility for controlling the weapons rented to the owner of such establishment under paragraph (4) and the head of a competent police agency shall exercise guidance and supervision over the management of the weapons by the owner of the key national establishment and the special security guards, as prescribed by Presidential Decree. <Amended by Act No. 12911, Dec. 30, 2014> |
| (6) | The head of the competent police agency may issue necessary orders to the owner of the key national establishment to whom the weapons have been rented under paragraph (4), to ensure proper control of such weapons. <Amended by Act No. 12911, Dec. 30, 2014> |
| (7) | Any person who is designated as a manager of the weapons by the owner of a key national establishment (hereinafter referred to as "person in charge of managing the weapons") shall manage such weapons by the following manners: |
| 1. | weapons-delivery-receipt cards and weapons-operation records shall be made and kept; |
| 2. | The weapons shall be delivered and received directly by the person in charge of managing the weapons. |
| (8) | Any special security guard may, when the use of weapons is deemed the only means to guard a key national establishment, use such weapons within the limits of necessity: Provided, that the special security guard shall not inflict any danger on any person save the time falling under any of the following subparagraphs: |
| 1. | When a person carrying weapons or explosives in a key national establishment keeps resisting, refusing to comply with demands from special security guards to surrender himself and lay down such weapons or explosives not less than three times and the use of weapons against him is deemed the only means to suppress him; |
| 2. | When an armed secret agent trespassed on a key national establishment refuses to comply with demands from special security guards to surrender himself. |
| (9) | Necessary matters concerning the carrying of weapons by special security guards, kinds of weapons, standards for using weapons, standards for safety check of weapons, etc. shall be prescribed by Presidential Decree. |
| Article 15 (Duties of Special Security Guards) |
| (1) | Special security guards, in performing their duties, shall follow duty-related orders from the owner of a key national establishment, the head of a competent police agency, and their superiors. |
| (2) | Special security guards shall be prohibited from deserting their guard area without any permission from their superiors or without any justifiable reasons. |
| (3) | Special security guards shall be prohibited from going on any strike and any slowdown strike or performing any act impeding normal security services. |
| (4) | Special security guards shall, when they perform their security services, carrying their weapons, observe the rules on the use of weapons that are specified in the following subparagraphs: |
| 1. | Special security guards shall, when they intend to use their handguns or rifles to open fire on any person, warn him/her beforehand by means of a verbal message or a blank shot: Provided, that in any of the following inevitable cases, the warning may not be given: |
| (a) | Where a crime is being committed by a person who suddenly attacks special security guards or inflicts serious dangers on the life and body of another person, leaving no time for the special security guards to issue a warning; |
| (b) | When special security guards are engaged in the covert operations against a hostage taker, a secret agent, or a terrorist; |
| 2. | In the event that the use of weapons is feared to inflict dangers on the lives and bodies of many people who are not related to any crime, special security guards shall not use weapons: Provided, that if nonuse of weapons is deemed unable to prevent serious dangers posed to the lives and bodies of special security guards or other persons, the weapons may be used within the necessary and minimum scope; |
| 3. | Special security guards shall not use their handguns or rifles to open fire on any person under 14 or any pregnant woman unless he/she counters them with rifles or explosives. |
| Article 15-2 (Duties of Security Guards, etc.) |
| (1) | Every security guard shall be prohibited from performing any act deviating from the scope of his security services by showing off his authority or exercising his physical power to any other person when he/she performs his/her duties. |
| (2) | No one shall get any security guard to perform any act deviating from the scope of his/her security services. |
[This Article Newly Inserted by Act No. 7671, Aug. 4, 2005]
| Article 16 (Uniforms, etc. of Security Guards) |
| (1) | A security business entity shall determine the uniforms of its security guards that are clearly distinguishable from those of police officials or military servicemen in terms of color, design, etc., and shall file a report thereon with the commissioner of a district police agency having jurisdiction over its principal office, along with photographs by which the uniforms can be identified, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | A security business entity shall require its security guards to attach name tags indicating the security company to which they belong and wear the same uniforms as those reported pursuant to paragraph (1) when they render security services, and shall not require them to put any mark on their uniforms that can be mistaken for that of other companies or wear uniforms of other companies: Provided, That the same shall not apply to cases where they provide the personal protection services at a place other than a collective petition site or where the head of a competent police agency permits them to do so in consideration of the nature of the relevant security services in extenuating circumstances. |
| (3) | After examining the photographs submitted pursuant to paragraph (1), the commissioner of a district police agency may issue a corrective order for alteration, etc. of the uniforms to the security business entity. |
| (4) | Upon receipt of a corrective order referred to in paragraph (3), the security business entity shall fulfill such order and file a report to the commissioner of a district police agency on the fulfillment of the order, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (5) | Matters necessary for the uniforms, etc. of security guards and other relevant matters shall be determined by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 11872, Jun. 7, 2013]
| Article 16-2 (Gears, etc. of Security Guards) |
| (1) | The types of gears that security guards are allowed to carry, such as horns, short rods and gas sprayers, shall be determined by Ordinance of the Ministry of the Interior and Safety, and they may carry such gears only on duty. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Where any security business entity causes its security guards to perform their duties carrying gas sprayers, it shall obtain prior permission for possession of gas sprayers pursuant to the Act on the Safety Management of Firearms, Knives, Swords, Explosives, Etc. |
| (3) | No one shall pose a danger to the life or body of another person by arbitrarily altering the gears referred to in paragraph (1) and using them differently from their ordinary use. |
| (4) | Security guards may use the gears referred to in paragraph (1) to the minimum extent necessary, if there is a substantial reason deemed necessary for rendering security services. |
| (5) | Other matters necessary for the gears, etc. of security guards shall be determined by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 11872, Jun. 7, 2013]
| Article 16-3 (Vehicles, etc.) |
| (1) | A security business entity shall ensure that the color and mark of the vehicles, etc. of its security guards are clearly distinguishable from those of police and military vehicles. |
| (2) | A security business entity shall determine the color and mark of the vehicles, etc. of its security guards, and shall file a report thereon with the commissioner of a district police agency having jurisdiction over its principal office, accompanied by photographs by which the color and mark can be identified, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | After examining the photographs submitted pursuant to paragraph (2), the commissioner of the district police agency may issue a corrective order for alteration, etc. of the color and mark to the security business entity. |
| (4) | Upon receipt of a corrective order referred to in paragraph (3), the security business entity shall fulfill the order and file a report with the commissioner of the district police agency on the fulfillment of the order, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (5) | Other matters necessary for the vehicles, etc. shall be determined by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 11872, Jun. 7, 2013]
| Article 17 (References to Criminal Records, etc. for Confirmation of Disqualification Grounds) |
| (1) | The Commissioner General of the Korean National Police Agency, the commissioner of a district police agency, or the head of a competent police agency may refer to criminal records referred to in Article 6 of the Act on the Lapse of Criminal Sentences, ex officio or upon a request for reference to criminal records referred to in paragraph (2), in order to ascertain whether an executive officer, security instructor, or security guard falls under any disqualification ground under subparagraphs 3 and 4 of Article 5, Article 10 (1) 3 through 8, or 10 (2) 2 and 3. |
| (2) | A security business entity may request the commissioner of a district police agency or the head of a police agency having jurisdiction over the principal office, branch office, or place at which its security guards are placed to refer criminal records referred to in Article 6 of the Act on the Lapse of Criminal Sentences in order to ascertain whether an executive officer, security instructor, or security guard whom the security business entity intends to elect, appoint, hire, or place falls under any disqualification ground under subparagraphs 3 and 4 of Article 5, Article 10 (1) 3 through 8, or 10 (2) 2 and 3. |
| (3) | Where the commissioner of the district police agency or the head of the competent police agency who has received a request for reference to criminal records under paragraph (2) notifies the result of reference to the relevant security business entity, he/she shall notify the security business entity of only whether its executive officer, security instructor, or security guard falls under any disqualification ground under subparagraphs 3 and 4 of Article 5, Article 10 (1) 3 through 8, or 10 (2) 2 and 3. |
| (4) | Where the commissioner of a district police agency or the head of a competent police agency learns that any executive officer, security instructor, or security guard of a security business entity falls under any disqualification ground under any subparagraph of Article 5, any subparagraph of Article 10 (1), or any subparagraph of Article 10 (2) or violates this Act or any order issued under this Act, he/she shall notify such fact to the security business entity. |
[This Article Wholly Amended by Act No. 11872, Jun. 7, 2013]
| Article 18 (List and Permission for Placement of Security Guards, etc.) |
| (1) | A security business entity shall prepare and keep the list of its security guards, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That the list of general security guards placed at a collective petition site shall also be prepared and kept at the place where the security guards are placed. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 11872, Jun. 7, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | When a security business entity places a security guard or withdraws a placed security guard, it shall report such fact to the head of a competent police agency, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That in cases falling under subparagraph 1, a security business entity shall file an application for permission for placement of a security guard at least 48 hours before the intended placement of the security guard, as prescribed by Ordinance of the Ministry of the Interior and Safety, and shall place the security guard after obtaining the permission for placement from the head of a competent police agency (in cases falling under subparagraphs 2 and 3, it shall file a report before it places the security guard), and in such cases, the head of the competent police agency may impose necessary conditions when granting permission for the placement of the security guard: <Amended by Act No. 7671, Aug. 4, 2005; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 11872, Jun. 7, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | A general security guard placed at a collective petition site while performing facility security services provided in subparagraph 1 (a) of Article 2 or personal protection services provided in subparagraph 1 (c); |
| 2. | A general security guard rendering the personal protection services under subparagraph 1 (c) of Article 2 at a place other than a collective petition site; |
| 3. | A special security guard. |
| (3) | Where the head of a competent police agency receives an application for permission for placement of a security guard under the proviso to paragraph (2) excluding the subparagraphs, he/she shall not grant the permission in any of the following cases. In such cases, the head of the competent police agency may require a police official under his/her jurisdiction to visit the intended location of placement and conduct investigation in order to verify the following: <Newly Inserted by Act No. 11872, Jun. 7, 2013> |
| 1. | Where any security guard is likely commit an act deviating from the scope of his/her security services, in violation of Article 15-2 (1) and (2); |
| 2. | Where security guards who are disqualified under Article 10 (1) or (2) or who have failed to receive education for newly hired security guards under Article 13 are included in excess of the standards prescribed by Presidential Decree; |
| 3. | Where any security guard fails to comply with a necessary order concerning uniforms, gears, etc. issued under Article 24. |
| (4) | Upon receipt of an application for permission for placement of security guards under the proviso to paragraph (2) excluding the subparagraphs, the head of the competent police agency shall grant permission for placement after excluding any disqualified security guard, if there is any security guard falling under the disqualification grounds referred to in Article 10 (1) or (2). <Newly Inserted by Act No. 11872, Jun. 7, 2013> |
| (5) | Where any security business entity places security guards for security services, it shall prepare and retain a record of the state of their service, containing matters such as their personal information and the date and place of placement, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted by Act No. 11872, Jun. 7, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (6) | No security business entity shall place a security guard who has been sentenced to punishment of a fine by reason of committing either of the following crimes and for whom five years have yet to elapse after the sentence was given, or who has been sentenced to imprisonment without labor or greater punishment for such reasons and for whom five years have yet to elapse after the execution of such sentence was suspended, at a collective petition site as a general security guard: <Newly Inserted by Act No. 11872, Jun. 7, 2013; Act No. 13718, Jan. 6, 2016> |
| (7) | No security business entity shall cause a person not included in the list of security guards referred to in paragraph (1) to render security services, and in cases of placing a security guard pursuant to paragraph (2), a security business entity shall place a security guard who has received the education for newly hired security guards referred to in Article 13. <Newly Inserted by Act No. 11872, Jun. 7, 2013> |
| (8) | Where a security business entity falls under any of the following cases, the head of a competent police agency may issue an order to withdraw placed security guards: <Newly Inserted by Act No. 11872, Jun. 7, 2013> |
| 1. | Where it places security guards without obtaining permission for placement, in violation of the proviso to paragraph (2) excluding the subparagraphs, or where it makes false entries into an application for permission for placement with regard to the list of security guards, the date and place of their placement, etc.; |
| 2. | Where it places a person falling under the grounds for disqualification referred to in paragraph (6) at a collective petition site as a general security guard; |
| 3. | Where it places a person who has failed to receive education for newly hired security guards as a security guard referred to in each subparagraph of paragraph (2), in violation of paragraph (7); |
| 4. | Where the security business entity or any of its security guards causes collective violence, using power, lethal weapons, or other dangerous objects; |
| 5. | Where it places a general security guard without filing a report, in violation of the main sentence of paragraph (2) excluding the subparagraphs. |
CHAPTER V ADMINISTRATIVE DISPOSITION, ETC.
| Article 19 (Cancellation, etc. of Security Business License) |
| (1) | Where a security business entity falls under any of the following cases, the licensing authority shall cancel its license: <Amended by Act No. 6787, Dec. 18, 2002; Act No. 11872, Jun. 7, 2013; Act No. 14909, Oct. 24, 2017> |
| 1. | When it has obtained its license by fraud or other improper means; |
| 2. | When it has caused its security guards to engage in other services than the licensed security services in violation of Article 7 (5); |
| 3. | When it has engaged in other business than the security business and the security-related business in violation of Article 7 (9); |
| 4. | When it has had no record of being awarded a security services contract for two years from the date on which it is licensed, or it has suspended the security business for one year or longer continuously without any justifiable ground; |
| 5. | When it has had no record of being awarded a security services contract for two years from the date following the date on which its final security services contract expires, without any justifiable reasons; |
| 6. | When it has continued to run the security business after being subjected to a disposition taken to suspend its security business; |
| 7. | When it has caused its security guard to perform any act deviating from the scope of the security services, in violation of Article 15-2 (2); |
| 8. | When it has failed to comply with an order to withdraw placed security guards issued by the head of a competent police agency under Article 18 (8). |
| (2) | Where a security business entity falls under any of the following cases, the licensing authority may cancel its license or may issue an order to suspend all or part of the security business for a period of up to six months in accordance of the standards for administrative dispositions prescribed by Presidential Decree: <Newly Inserted by Act No. 11872, Jun. 7, 2013> |
| 1. | Where it alters the security services without obtaining a license from the commissioner of a district police agency, in violation of the latter part of Article 4 (1); |
| 2. | Where it fails to reject an illegal security services contract, in violation of Article 7 (2); |
| 3. | Where it fails to appoint and place a security instructor at a collective petition site, in violation of Article 7 (6); |
| 4. | Where it fails to establish a response system for an alarm for an establishment subject to security services, in violation of Article 8; |
| 5. | Where it fails to prepare and retain relevant documents, in violation of Article 9 (2); |
| 6. | Where it places a security guard falling under any disqualification ground, or appoints and places a security instructor falling under any disqualification ground, in violation of Article 10 (3); |
| 7. | Where it appoints a security instructor, in violation of Article 12 (1); |
| 8. | Where it fails to require its security guards to receive education, in violation of Article 13; |
| 9. | Where it violates the provisions concerning uniforms, etc. of security guards referred to in Article 16; |
| 10. | Where it violates the provisions concerning gears, etc. of security guards referred to in Article 16-2; |
| 11. | Where it violates the provisions concerning vehicles, etc. of security guards referred to in Article 16-3; |
| 12. | Where it fails to prepare and retain the list of general security guards at a collective petition site, in violation of the proviso to Article 18 (1); |
| 13. | Where it places security guards without obtaining permission for placement, or makes false entries into an application for permission for placement with regard to the list of security guards, the date and place of placement, etc., in violation of the proviso to Article 18 (2) excluding the subparagraphs; |
| 14. | Where it places a general security guard falling under any disqualification ground at a collective petition site, in violation of Article 18 (6); |
| 15. | Where it fails to comply with an order issued for supervision under Article 24; |
| 16. | Where it fails to compensate for damage, in violation of Article 26. |
| (3) | When the licensing authority issues a disposition to cancel the license or suspend the business under paragraphs (1) and (2), it shall limit such disposition to the security services falling under the grounds for the license cancellation or security business suspension from among the security services for which the security business entity has obtained a license: Provided, that the same shall not apply to cases where the license is to be cancelled on the grounds falling under paragraph (1) 2 and 7. <Amended by Act No. 11872, Jun. 7, 2013> |
<This Article amended by Act No. 6787 on December 18, 2002 following the decision of unconstitutionality made by the Constitutional Court on April 25, 2002>
| Article 20 (Cancellation, etc. of Qualification of Security Instructor) |
| (1) | When any security instructor falls under any of the following subparagraphs, the Commissioner General of the Korean National Police Agency shall cancel his/her qualification: <Amended by Act No. 12911, Dec. 30, 2014> |
| 1. | When he/she falls under the disqualification grounds provided in each subparagraph of Article 10 (1); |
| 2. | When he/she has obtained a qualification certificate as a security instructor by fraud or other improper means; |
| 3. | When he/she has lent or transferred his/her qualification certificate to another person; |
| 4. | When he/she is appointed and acts as a security instructor during the period of suspension of qualification. |
| (2) | When any security instructor falls under any of the following subparagraphs, the Commissioner General of the Korean National Police Agency may suspend his/her qualification for a period of up to one year, as prescribed by Presidential Decree: |
| 1. | When he/she has failed to faithfully perform his/her security services in violation of Article 12 (3); |
| 2. | When he/she has violated an order issued by the Commissioner General of the Korean National Police Agency or the commissioner of a district police agency under Article 24. |
| (3) | When the Commissioner General of the Korean National Police Agency cancels the qualification of any security instructor under paragraph (1), he/she shall retrieve his/her qualification certificate, and when he/she suspends the qualification of any security instructor under paragraph (2), he/she shall keep his/her qualification certificate in custody for the suspension period after retrieving it. |
The Commissioner General of the Korean National Police Agency or the commissioner of a district police agency shall, when he intends to take any of the following dispositions, hold a hearing:
| 1. | When he intends to cancel a security business license or suspend the security business under Article 19; |
| 2. | When he intends to cancel or suspend the qualification of a security instructor under Article 20 (1) or (2). |
CHAPTER VI ASSOCIATION OF SECURITY BUSINESS
| Article 22 (Association of Security Business) |
| (1) | Any security business entity may establish the association of security business in order to ensure sound development of security services, upgrade qualifications of security guards, and conduct education and training, etc. for them, as prescribed by Presidential Decree. |
| (2) | The association of security business shall be a corporation. |
| (3) | The work of the association of security business shall be as follows: |
| 1. | Research on security services; |
| 2. | Education and training for security guards and research related thereon; |
| 3. | Matters concerning the welfare and well-being of security guards; |
| 4. | Matters concerning the examination of security services; |
| 5. | Other necessary matters concerning the sound management and development of security services. |
| (4) | The provisions governing an incorporated association of the Civil Act shall apply mutatis mutandis to the association of security business except as otherwise provided in this Act. |
| Article 23 (Mutual-Aid Business) |
| (1) | The association of security business may engage in the following mutual-aid business: <Amended by Act No. 13397, Jul. 20, 2015> |
| 1. | Business to cover security business entities' liabilities for damages under Article 26; |
| 2. | Business to provide guarantee for tender, contract (including guarantee for performance), and subcontract that is necessary when a security business entity runs the security business; |
| 3. | Business to improve welfare of security guards and to compensate for losses caused by an accident in the course of business; |
| 4. | Business relating to research on security services and education and training for security guards. |
| (2) | When the association of security business intends to engage in the mutual-aid business under paragraph (1), it shall establish mutual-aid rules. |
| (3) | The mutual-aid rules referred to in paragraph (2) shall prescribe matters necessary for the operation of mutual-aid business, such as the scope of mutual-aid business, contents of mutual-aid contract, mutual-aid money, mutual-aid premiums and the liability reserve to be appropriated for the mutual-aid money. |
| (4) | The Commissioner General of the Korean National Police Agency may establish the standards for supervision of mutual-aid business in order to foster the mutual-aid business under paragraph (1) in a sound manner and to protect members of the association. <Newly Inserted by Act No. 13397, Jul. 20, 2015> |
| (5) | Where the Commissioner General of the Korean National Police Agency approves the mutual-aid rules under paragraph (2) or establishes the standards for supervision of the mutual-aid business under paragraph (4), he/she shall consult with the Financial Services Commission in advance. <Newly Inserted by Act No. 13397, Jul. 20, 2015> |
| (6) | The Commissioner General of the Korean National Police Agency may request the Governor of the Financial Supervisory Service under the Act on the Establishment, etc. of Financial Services Commission to conduct inspection on the mutual-aid business under paragraph (1). <Newly Inserted by Act No. 13397, Jul. 20, 2015> |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| (1) | The Commissioner General of the Korean National Police Agency or the commissioner of a district police agency may guide and supervise security business entities and security instructors, and give necessary orders to them in order to ensure the proper performance of security services. |
| (2) | The commissioner of a district police agency or the head of a competent police agency may require his/her police officials to enter the principal office and branch office of security business entities in an area falling within his/her jurisdiction and places at which their security guards are placed for the supervision over the state of their security services as well as education and training and other relevant matters and to issue necessary orders. In such cases, the police officials entering such principal office and branch office shall produce certificates showing their authority to relevant persons. |
| (3) | Where a security business entity or a placed security guard commits an act violating this Act, an order issued under this Act, or the Punishment of Violences, etc. Act, the commissioner of a district police agency or the head of a competent police agency may issue an order to cease the act of violation. <Newly Inserted by Act No. 11872, Jun. 7, 2013> |
| (4) | Where a place of security services is deemed a collective petition site, the commissioner of a district police agency or the head of a competent police agency shall inform, within 48 hours, the relevant security business entity that it must obtain permission for placement of security guards. <Newly Inserted by Act No. 13397, Jul. 20, 2015> |
| Article 25 (Guidance and Check of Security, etc.) |
The commissioner of a district police agency shall conduct the guidance and check of security with respect to special security business entities, as prescribed by Presidential Decree and if necessary, ask agencies concerned to measure the security state of such special security business entities.
| Article 26 (Indemnification, etc.) |
| (1) | Any security business entity shall, when any of its security guards fails to prevent the occurrence of damages in any establishment subject to its security services, deliberately or negligently while performing their duties, indemnify for such damage. |
| (2) | Any security business entity shall, when any of its security guards incurs any damage, deliberately or negligently while performing their duties, to a third person, indemnify for such damages. |
| Article 27 (Delegation and Entrustment) |
| (1) | The Commissioner General of the Korean National Police Agency may delegate part of his/her authority under this Act to the commissioner of a district police agency, as prescribed by Presidential Decree. |
| (2) | The Commissioner General of the Korean National Police Agency may entrust the affairs related to the examination and education for security instructors under Article 11 to relevant specialized institutions or organizations, as prescribed by Presidential Decree. |
Any person who intends to obtain a license for security business under this Act or to have his/her license reissued shall pay fees, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 7544, May 31, 2005]
| Article 27-3 (Legal Fiction as Public Official in Application of Penalty Provisions) |
[This Article Newly Inserted by Act No. 16316, Apr. 16, 2019]
CHAPTER VIII PENALTY PROVISIONS
| Article 28 (Penalty Provisions) |
| (1) | Any special security guard who has caused an impediment to the normal operation of a key national establishment in violation of Article 14 (2) shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended by Act No. 14909, Oct. 24, 2017> |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 7671, Aug. 4, 2005; Act No. 11872, Jun. 7, 2013; Act No. 13397, Jul. 20, 2015> |
| 1. | Any person who has run the security business without obtaining a license therefor under Article 4 (1); |
| 2. | Any person who has leaked confidential information that he/she has obtained while performing his/her duties or used such confidential information for unjust purposes, in violation of Article 7 (4); |
| 3. | Any special security business entity or a security services agency that has failed to notify the suspension of its special security services or to take over immediately the special security services, in violation of Article 7 (8); |
| 4. | Any person who has subcontracted the security services to a person who has failed to obtain the license referred to in Article 4 (1) when placing security guards at a collective petition site, in violation of Article 7-2 (1); |
| 5. | Any person who has directly hired security guards when he/she places 20 or more security guards at a collective petition site, in violation of Article 7-2 (2); |
| 6. | Any contractor who intervenes in, or exerts influence on, the hiring of an unqualified person, unsuitable person, etc. when a security business entity hires a security guard, in violation of Article 7-2 (3); |
| 7. | Any special security guard who has mistakenly caused an impediment to the normal operation of a key national establishment, in violation of Article 14 (2); |
| 8. | Any special security guard who has committed a violation of Article 15 (1) or (2) at the time when an emergency situation is caused by the grounds of the theft and damage of facilities and the explosion of hazardous substances in the guard area; |
| 9. | Any person who has caused a security guard to commit an act deviating from the scope of the security services, in violation of Article 15-2 (2). |
| (3) | Any special security guard who has deserted a guard area at which he/she has been placed carrying weapons without any justifiable reasons in violation of the latter part of Article 14 (4) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. |
| (4) | Any of the following persons 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. 7671, Aug. 4, 2005; Act No. 11872, Jun. 7, 2013> |
| 1. | Any person in charge of management who violates Article 14 (7); |
| 2. | Any special security guard who engages in an act of strike, in violation of Article 15 (3); |
| 3. | Any security guard who commits any act deviating from the scope of his/her security services, in violation of Article 15-2 (1); |
| 4. | Any security guard who renders the security services, carrying lethal weapons or other dangerous objects other than the gears prescribed in Article 16-2 (1), or any person who causes security guards to render security services carrying such weapons or objects; |
| 5. | Any person who fails to comply with an order given by the head of a police agency to withdraw placed security guards, in violation of Article 18 (3); |
| 6. | Any person who fails to comply with an order for cessation issued by the commissioner of a district police agency or the head of a competent police station referred to in Article 24 (3). |
| (5) | Deleted. <by Act No. 11872, Jun. 7, 2013> |
| Article 29 (Aggravation of Punishment) |
| (1) | Any special security guard who has committed an offense provided in Articles 258-2 (1) (limited to a crime referred to in Article 257 (1)) and (2) (limited to a crime referred to in Article 258 (1) and (2)), 259 (1), 260 (1), 262, 268, 276 (1), 277 (1), 281 (1), 283 (1), 324 (2), 350-2, and 366 of the Criminal Act for violating the safety rules for weapons under Articles 14 (8) and 15 (4) while performing his/her duties carrying weapons shall be subject to punishment aggravated by up to half the punishment for such offense. <Amended by Act No. 13719, Jan. 6, 2016> |
| (2) | Any security guard who has committed an offense provided in Articles 258-2 (1) (limited to a crime referred to in Article 257 (1)) and (2) (limited to a crime referred to in Article 258 (1) and (2)), 259 (1), 261, 262, 268, 276 (1), 277 (1), 281 (1), 283 (1), 324 (2), 350-2, and 366 of the Criminal Act while performing his/her duties carrying lethal weapons or other dangerous objects other than the gears prescribed in Article 16-2 (1) shall be subject to punishment aggravated by up to half the punishment for such offense. <Newly Inserted by Act No. 11872, Jun. 7, 2013; Act No. 13719, Jan. 6, 2016> |
| Article 30 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent or employee of, or any other person employed by, a corporation or an individual commits an offence under Article 28 in relation to the business affairs of the corporation or the individual, not only shall the offender be punished, but also the corporation or the individual shall be punished by a fine under the relevant provisions: Provided, That the same shall not apply where the corporation or the individual has not neglected to give due attention and supervision concerning the relevant business affairs in order to prevent such offence. [This Article Wholly Amended by Act No. 9192, Dec. 26, 2008]
| Article 31 (Administrative Fines) |
| (1) | Any of the following security business entities shall be subject to an administrative fine not exceeding 30 million won: <Newly Inserted by Act No. 11872, Jun. 7, 2013> |
| 1. | Any entity that places security guards at a collective petition site without filing a report on their uniforms, in violation of Article 16 (1); |
| 2. | Any entity that places security guards at a collective petition site without requiring them to attach name tags or to wear the same uniforms as those reported, in violation of Article 16 (2); |
| 3. | Any entity that fails to prepare and retain the list of the security guards at a site where they are placed while placing them at a collective petition site, in violation of the proviso to Article 18 (1); |
| 4. | Any entity that places security guards without obtaining permission for placement or makes false entries into an application for permission for placement with regard to the list of security guards, the date and place of their placement, etc., in violation of the proviso to Article 18 (2) excluding the subparagraphs; |
| 5. | Any entity that places, as a security guard referred to in each subparagraph of Article 18 (2), a security guard who has not received the education for newly hired security guards under Article 13, in violation of Article 18 (7). |
| (2) | Any of the following security business entities or establishment owners shall be subject to an administrative fine not exceeding 5 million won: <Amended by Act No. 11872, Jun. 7, 2013> |
| 1. | A person who has failed to file a report in violation of Article 4 (3) or 18 (2); |
| 2. | A person who has failed to file a report on the designation of a security services agency in violation of Article 7 (7); |
| 3. | A person who has failed to fulfill an explanation obligation in violation of Article 9 (1); |
| 4. | A person who has failed to appoint a security instructor in violation of Article 12 (1); |
| 5. | A person who has failed to comply with an order necessary for supervision without any justifiable reason under Article 14 (6); |
| 6. | A person who places a security guard falling under any disqualification ground or appoints and places a security instructor falling under any disqualification ground, in violation of Article 10 (3); |
| 7. | A person who fails to file a report, in violation of the provisons concerning reporting of uniforms, etc. referred to in Article 16 (1); |
| 8. | A person who places security guards for security services without requiring them to attach name tags or to wear the same uniforms as those reported, in violation of Article 16 (2); |
| 9. | A person who has failed to prepare and retain a list in violation of the main sentence of Article 18 (1); a record of the state of their service; |
| 10. | A person who has failed to keep and retain a record of the state of services of security guards, in violation of Article 18 (5). |
| (3) | The administrative fine referred to in paragraphs (1) and (2) shall be imposed and collected by the commissioner of a district police agency or the head of a police agency, as prescribed by Presidential Decree. <Amended by Act No. 11872, Jun. 7, 2013> |
| (4) | and (5) Deleted. <by Act No. 11872, Jun. 7, 2013> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Security Business Entity Filing Report on Installation of Mechanical Equipment Security Services Facilities)
Any security business entity that files a report on the installation of mechanical equipment security services facilities under the previous provisions at the time that this Act enters into force shall obtain a license for the security business aimed at rendering the mechanical equipment security services under the amended provisions of Article 2 (1) (d) of this Act after securing the manpower of security guards as provided in Article 4 (2) within 6 months after this Act enters into force. Article 3 (Transitional Measures concerning License of Security Business)
Any security business that is licensed under the previous provisions at the time when this Act enters into force shall be deemed valid for 5 years from the date on which it is licensed and any security business entity, for whom 5 years lapse from the date on which its license is given, shall get its license renewed under the amended provisions of Article 6 (2) within 6 months after this Act enters into force. If it fails to get its license renewed, the validity of its license shall be deemed expired. Article 4 Deleted. <by Act No. 6787, Dec. 18, 2002>
Article 5 (Transitional Measures concerning Penalty Provisions)
The application of the penalty provisions and the administrative fine to any act committed prior to the enforcement of this Act shall be governed by the previous provisions.
Article 6 Omitted.
Article 7 (Relations with Other Statutes)
Where other statutes cite the provisions of the previous Act at the time when this Act enters into force, the relevant provisions of this Act shall be regarded as cited in lieu of the previous provisions when there are the provisions related with them in this Act.
ADDENDUM <Act No. 6787, Dec. 18, 2002>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 7544, May 31, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 7671, Aug. 4, 2005>
This Act shall enter into force six 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. 8872, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 9192, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 9579, Apr. 1, 2009>
This Act shall enter into force on the date of its promulgation.
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. 11872, Jun. 7, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Restrictions on License)
The amended provisions of Article 4-2 (1) shall not apply to a corporation that has obtained the license referred to in Article 4 (1) before this Act enters into force, unless it changes its name. Article 3 (Transitional Measures concerning Security Business License)
The license granted pursuant to the former provisions at the time this Act enters into force shall be deemed valid for five years from the date on which the license is granted, and the amended provisions of Article 4 shall apply to cases where the relevant security business entity intends to obtain approval for renewal pursuant to Article 6 (2). Article 4 (Transitional Measures concerning Disqualification Grounds for Executive Officers)
The former provisions shall apply to cases where a person who is an executive officer of a corporation engaged in the security business at the time this Act enters into force comes to fall under any disqualification ground under the amended provisions of Article 5 for a reason that arose before this Act enters into force, notwithstanding the same amended provisions. Article 5 (Transitional Measures concerning Disqualification Grounds for Security Instructors and Security Guards)
| (1) | The former provisions shall apply to cases where a person who is a security instructor at the time this Act enters into force comes to fall under any disqualification ground under the amended provisions of Article 10 (1) 5 through 8 for a reason that arose before this Act enters into force, notwithstanding the same amended provisions. |
| (2) | The former provisions shall apply to cases where a security guard who is hired by and working for a security business entity at the time this Act enters into force comes to fall under any disqualification ground under the amended provisions of Article 10 (1) 5 through 8 or 10 (2) 2 for a reason that arose before this Act enters into force, notwithstanding the same amended provisions, as long as he/she belongs to and works for such security business entity. |
Article 6 (Transitional Measures concerning Cancellation, etc. of Security Business License)
The former provisions shall apply to administrative dispositions issued under former Article 19 for violations committed before this Act enters into force, notwithstanding the amended provisions of Article 19.
ADDENDA <Act No. 12844, Nov. 19, 2014>
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. 12911, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Disqualification for Incompetent Persons, etc.)
Notwithstanding the amended provisions of subparagraph 1 of Article 5 and Article 10 (1) 1 and (2) 1, the former provisions shall apply to persons for whom the declaration of incompetence or quasi-incompetence remains effective pursuant to Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDUM <Act No. 13397, Jul. 20, 2015>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 13718, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 13719, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 13814, Jan. 26, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. (Proviso Omitted.) |
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 14909, Oct. 24, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16316, Apr. 16, 2019>
This Act shall enter into force on the date of its promulgation.