Article 1(Purpose) #
The purpose of this Decree is to provide for the matters mandated by the Registered Security Guard Act and matters necessary for the implementation thereof.
Article 2(Application for placement of registered security guard) #
A person who desires to have the registered security guard posted under Article 4(1) of the Registered Security Guard Act (hereinafter referred to as the "Act") shall submit an application form for the placement accompanied with the following documents to the commissioner of a City/Do police agency through the superintendent of the police station who exercises jurisdiction over the location of the institution, facilities, business place, or site under the subparagraphs of Article 2 of the Act (hereinafter referred to as "business place") (hereinafter referred to as the "superintendent of a police station who exercises jurisdiction over district"). In such cases, if the placement covers at least two Dos (including the Special Metropolitan City, Metropolitan Cities, a Special Self-Governing City, and a Special Self-Governing Province; hereinafter the same shall apply), the application may be submitted collectively to the commissioner of a City/Do police agency through the superintendent of the police station who exercises jurisdiction over the main business place: <Amended on Mar. 18, 2014; Dec. 31, 2020>
1. One copy of a ground plan of guarded area;
2. One copy of placement design.
Article 3(Qualifications) #
The qualifications for appointment as the registered security guard under Article 5(3) of the Act shall be as follows: <Amended on Mar. 23, 2013; Mar. 18, 2014; Nov. 19, 2014; Jul. 26, 2017; Aug. 24, 2021>
1. A person aged 18 years or more;
2. A person who satisfies physical requirements prescribed by Decree of the Ministry of the Interior and Safety.
Article 4(Appointment methods) #
(1) A person who has been notified of a decision to place the registered security guard under Article 4(2) of the Act (hereinafter referred to as "applicant for special guards") shall apply to the commissioner of a district police agency for approval on the number of registered security guard for appointment within 30 days after he or she is notified of such decision of placement in accordance with Article 5(1). <Amended on Dec. 31, 2020>
(2) When an applicant for special guards has appointed the registered security guard under Article 5(1) of the Act, he or she shall report such appointment to the commissioner of a City/Do police agency through the superintendent of the police station who exercises jurisdiction over the location of the business place within 10 days after the appointment. The foregoing shall also apply when the registered security guard vacates his or her post. <Amended on Dec. 31, 2020>
Article 5(Education) #
(1) An applicant for special guards shall have police officers assigned for registered security guard receive a necessary education for the execution of their duties in the educational institution for police officers before they are placed in the guarded area; provided, if it is deemed necessary in the education program of the educational institution for police officers, they may be placed first in their post, and then may be educated within one year after they are appointed.
(2) When any person who retired as a police official (including a conscripted police officer) or the registered security guard is appointed as the registered security guard within three years after his or her retirement, he or she may be exempted from receiving the education under paragraph (1). <Amended on Nov. 20, 2015>
(3) The matters necessary for the period of education, the educational subjects, the lesson period, and the execution of other educations under paragraph (1) shall be prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
Article 6(Placement and rotation) #
(1) When an applicant for special guards places the registered security guard at a post or transfers them to a new post, he or she shall report it to the superintendent of the police station who exercises jurisdiction over the location of the placement of their posts (if the applicant transfers them to a new post, he or she shall make a report to the superintendent of the police station who exercises jurisdiction over the location of the placement of their previous posts).
(2) The superintendent of the police station who received a report under paragraph (1) shall, if the territorial district for re-assignment is not under his or her jurisdiction, notify the superintendent of the police station who exercises jurisdiction over the location of the new post.
Article 7(Service) #
The matters concerning service of the registered security guard other than that provided for in Article 5(4) of the Act shall be governed by the employment regulations of the business place concerned.
Article 8(Disciplinary actions) #
(1) When a registered security guard falls under any of the subparagraphs of Article 5-2(1) of the Act, the superintendent of the police station concerned may request an applicant for special guards to take disciplinary actions against the registered security guard concerned.
(2) The suspension under Article 5-2(2) of the Act shall be between one month and three months, and, during this period of suspension, the registered security guard may retain his or her status as a registered security guard, but may not serve as such, and his or her salary shall be reduced by 2/3.
(3) The period of salary reduction under Article 5-2(2) shall be between one month and three months, and the salary shall be reduced by 1/3 during the period.
(4) With regard to reprimand under Article 5-2(2), an applicant for special guards shall admonish the registered security guard and require him or her to undergo penitence.
(5) When an applicant for special guards receives a placement notice of the registered security guard, he or she shall enact the provisions for disciplinary actions and report them to the commissioner of the competent City/Do police agency who exercises jurisdiction over the district within 15 days after their enactment. The foregoing shall also apply when he or she intends to change the provisions for disciplinary actions. <Amended on Dec. 31, 2020>
(6) When the commissioner of a City/Do police agency deems it necessary to supplement the provisions for disciplinary actions under paragraph (5), he or she may request supplementation thereof to an applicant for special guards. <Amended on Dec. 31, 2020>
Article 9(Remuneration for registered security guard working at State agencies or local governments) #
(1) The remuneration for registered security guard working at State agencies or local governments under Article 6(2) of the Act shall be as prescribed in Appendix 1.
(2) Allowances for registered security guard working at State agencies or local governments under Article 6(2) of the Act shall be family allowance, compensation for actual expenses incurred, etc. under the Regulations on Allowances for Public Officials, and specific items for each allowance shall be determined and publicly notified by the Commissioner of the Local Police Agency.
(3) The years in service under Article 6(2) of the Act shall be the period a person served as a registered security guard.
Article 10(Remuneration for registered security guard other than those working at State agencies or local governments) #
The remuneration and allowances for registered security guard, other than those working at State agencies or local governments, shall not be less than the minimum threshold publicly notified by the Commissioner of the Local Police Agency, in accordance with Article 6(3) of the Act; provided, if the notified minimum threshold is less than the wage for workers who perform the same kind of or similar duties in the place of business they are placed, the amount equivalent to the wage paid to such workers shall be paid.
Article 11(Acknowledgement of work experience in calculating remunerations) #
(1) Unless otherwise prescribed in the employment regulations of the place of business where registered security guards are placed concerning the calculation of remuneration for the registered security guard, each of the following work experience shall be included in the experience that forms the basis for calculating remuneration: <Amended on Nov. 20, 2015>
1. Career as a registered security guard;
2. Career as a military or a conscripted police officer;
3. If a person who served as a janitor, a guard, or a watchman or performed duties similar to those of the registered security guard is appointed as a registered security guard by the applicant of the place of business in which he or she works, the experience in serving such posts;
4. With regard to a registered security guard working at State agencies or local governments, the full-time experience in serving the State agencies or local governments.
(2) The policy on the lead time for promotion of police officers shall apply mutatis mutandis to the lead time for promotion between salary classes for a registered security guard working at State agencies or local governments.
(3) The employment policy of the place of business shall apply mutatis mutandis to lead time for promotion between salary classes and the increased amount for promotion for the registered security guard, other than those serving the State agencies or local governments, and, if there is no employment policy with regard thereto, the provisions on the salary classes of police officer shall apply mutatis mutandis.
Article 12(Public notice of expenses for registered security guard) #
(1) The methods for providing or paying the expenses for the registered security guard under Article 6(1)1 through 3 of the Act shall be prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) With regard to the minimum amount and the amount of the expenses for registered security guard under Article 6(3) of the Act, the expenses for the following year shall be publicly notified in December each year, in consideration of the expense for police officers among the police officials.
Article 13(Indemnity) #
In order to provide indemnity under Article 7 of the Act, an applicant for special guards shall subscribe to industrial accident compensation insurance under the Industrial Accident Compensation Insurance Act, or additionally secure resources to pay indemnity under the Labor Standards Act.
Article 14(Attire) #
(1) The attire of the registered security guard shall be divided into uniforms, outfits and accessories.
(2) Matters concerning uniforms, outfits and accessories of the registered security guard shall be prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(3) When a special uniform is required owing to the special conditions of the placement where the registered security guard are stationed, an applicant for special guards may allow them to wear the special uniform with approval from the commissioner of a City/Do police agency. <Amended on Dec. 31, 2020>
Article 15(Carrying gas guns) #
Any registered security guard may obtain permission to carry a gas gun under the Act on the Safety Management of Guns, Swords and Explosives and require the registered security guard to carry the gas gun to execute their duties. <Amended on Jan. 6, 2016>
Article 16(Carrying weapons) #
(1) When an applicant for special guards intends to borrow weapons to be carried by the registered security guard under Article 8(2) of the Act, he or she shall apply to borrow weapons, to the commissioner of a City/Do police agency through the superintendent of the police station who exercises jurisdiction over the district. <Amended on Dec. 31, 2020>
(2) When the commissioner of a City/Do police agency who has received an application under paragraph (1) intends to lend weapons to an applicant for special guards and have the registered security guard carry those weapons, he or she may have the superintendent of the police station of the district concerned do so only with regard to the weapons which the applicant for special guards donated to the State. <Amended on Dec. 31, 2020>
(3) When the superintendent of the relevant police station lends weapons to an applicant for special guards under paragraph (1), he or she shall occasionally inspect the state of the weapons controlled by the registered security guard.
(4) Any applicant for special guards and the registered security guard shall observe the control regulations of weapons prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
Article 17(Supervision) #
The superintendent of a police station who exercises jurisdiction over the district shall visit the guarded area where registered security guards are stationed not less than once a month and supervise the following matters:
1. Service regulations and status of service;
2. Management and handling of weapons.
Article 18(Status of registered security guard) #
A registered security guard shall not be regarded as a public official except when he or she is subject to the penalty provisions under the Criminal Act or other statutes or regulations, or except as provided in the Act or this Decree.
Article 19(Delegation of authority of placement) #
(1) When a security business entity under the Security Services Industry Act (hereafter in this Article referred to as "security business entity") is contracted for security service regarding key facilities, an applicant for special guards may delegate his or her authority to supervise and place the registered security guards who are stationed in the business place to the security business entity.
(2) When an applicant for special guards delegates his or her authority to place and supervise the registered security guard to a security business entity under paragraph (1), he or she shall not give any disadvantage to them in terms of remuneration and their status by virtue of such delegation.
Article 20(Delegation of authority) #
The commissioner of a City/Do police agency shall delegate the authority falling under any of the following subparagraphs to the superintendent of the relevant police station pursuant to Article 10-3 of the Act; provided, this shall apply only where the business place, wherein the registered security guard is posted, is located in the competent district of one police station: <Amended on Dec. 31, 2020>
1. Authority to determine and request the placement of the registered security guard pursuant to Article 4(2) and (3) of the Act;
2. Authority concerning approval of appointment of the registered security guard pursuant to Article 5(1) of the Act;
3. Authority to issue orders for instruction and supervision to an applicant for special guards pursuant to Article 9-3(2) of the Act;
4. Authority to impose and collect fines for negligence pursuant to Article 12 of the Act.
Article 20-2(Management of sensitive information and personally identifiable information) #
Where inevitable to conduct the following affairs, the commissioner of a City/Do police agency or the superintendent of a police station may manage information pertaining to health under Article 23 of the Personal Information Protection Act, information corresponding to criminal records under subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, and data including resident registration numbers or foreigner registration numbers under subparagraph 1 or 4 of Article 19 of the same Decree: <Amended on Dec. 31, 2020>
1. Affairs concerning personnel management, including appointment or placement of the registered security guard under the Act and this Decree;
2. Affairs concerning wearing uniforms and carrying weapons of the registered security guard under Article 8 of the Act;
3. Affairs concerning guidance and supervision of applicants for special guard under Article 9-3 of the Act;
4. Affairs necessary for conducting the affairs under subparagraphs 1 through 3.
[This Article Added on Jan. 6, 2012]
Article 20-3 #
Deleted. <Mar. 3, 2020>
Article 21(Criteria for imposition of administrative fines) #
(1) The criteria for imposing administrative fines under Article 12(1) of the Act shall be as specified in Appendix 2.
(2) The commissioner of a City/Do police agency may reduce or aggravate the amount of administrative fines specified in Appendix 2 by up to 50/100, in consideration of the motive, details, severity, etc. of violation; provided, when aggravating the amount of an administrative fine, the amount shall not exceed the upper limit of administrative fines under Article 12(1) of the Act. <Amended on Dec. 31, 2020>