Article 18(List and permission for placement of security guards) #
(1) A security business entity shall prepare and keep the list of its security guards, as prescribed by Decree of the Ministry of the Interior and Safety; provided, 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 on Feb. 29, 2008; Mar. 23, 2013; Jun. 7, 2013; Nov. 19, 2014; 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 Decree of the Ministry of the Interior and Safety; provided, 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 Decree 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 on Aug. 4, 2005; Feb. 29, 2008; Mar. 23, 2013; Jun. 7, 2013; Nov. 19, 2014; Jul. 26, 2017; Jan. 7, 2025>
1. A general security guard assigned to a collective petition site while performing facility security services, personal protection services, or congestion and traffic guidance security services under subparagraph 1 of Article 2;
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, with the exception of the subparagraphs, of paragraph (2), he or 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 or her jurisdiction to visit the intended location of placement and conduct investigation in order to verify the following: <Added on Jun. 7, 2013>
1. Where any security guard is likely commit an act deviating from the scope of his or 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, with the exception of the subparagraphs, of paragraph (2), 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 grounds for disqualification referred to in Article 10 (1) or (2). <Added on 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 Decree of the Ministry of the Interior and Safety. <Added on Jun. 7, 2013; Nov. 19, 2014; 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: <Added on Jun. 7, 2013; Jan. 6, 2016>
1. Any crime referred to in Articles 257 through 262, Article 264, Articles 276 through 281, Articles 284, 285, 320, 324 (2), 350-2, 351 (limited to habitual offenders referred to in Articles 350 and 350-2), and 369 (1) of the Criminal Act;
2. Any crime referred to in Article 2 or 3 of the Punishment of Violences Act.
(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. <Added on 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: <Added on Jun. 7, 2013>
1. Where it places security guards without obtaining permission for placement, in violation of the proviso, with the exception of the subparagraphs, of paragraph (2), 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 clause, with the exception of the subparagraphs, of paragraph (2).
[Title Amended on Jun. 7, 2013]