항만 등 국가중요시설 민간경비체계의 법적 문제와 개선방안

At present, the guard for critical facilities are covered by the private police and special security guard. Its legal grounds are “Registered Security Guard Act”, “Secutiry Services Industry Act”, and “United Defense Act” etc.. In the case of ports, “International Ship and Port Facility Security Act” shall be applied. The problems for private security guard system on the critical facilities are as followings: cooperation between private security guard and public police, new threats such as drone terrors and cyber- attacks, port security system. In order to improve private security guard system for critical facilities in terms of law, strengthening cooperation between private security guard and police, integrating laws related to private security guard, countermeasures against new threats, and maintaining security system of ports are to be considered. Ensuring the public security and order is national task, and is placed under the power monopoly by state in current laws. Therefore, the actual privatization of the national obligation for risk prevention is not possible under the Constitution. However, if the monopoly of power by the state is not understood as the possibility or monopoly using the physical force by the state, but as a monopoly of law enforcement for applying the laws for legal peace, the practical functional privatization of risk prevention with the form of contracting out can be possible under Constitution.