민간군사경비회사(PMSC)의 업무수행과 그 법적문제

The changes in the international security environment after the end of the Cold War completely changed the conventional concept of national security by the emergence of a rogue state or a failed state. Developing countries, which had relied on economic aid from both the East and West camps, ended the Cold War and halted economic aid, resulting in a breakdown in the domestic economy. In developed countries, policies aimed at small governments based on requests for cost cuts have been taken, and the tendency to use so-called “private use” to outsourcing military-related work to the private sector has become remarkable. Armed forces around the world are ‘consigning’ not only logistics, but also services such as restaurants and mail within the base. Many developing countries, as well as bankrupt countries, have allowed domestic terrorists and anti-government militants to circumvent because their troops or police officers had to secure with security missions cannot function properly. In this situation, it appeared from the late 1980s to the 1990s and rapidly grew in the war on terrorism, mainly as the Private Military Company (PMC), established by officers laid off in developed countries or veterans at the ranks of the government. PMC provides its services to the state, military, corporations, and international organizations. In order to dispel the negative corporate image of PMSC employees engaged in combat activities, the private security company (PSC), Military consulting firms (MCF) and risk management firms (Risk Control & Risk Management (RCRM)) were used. This is the reason for the confusion in the name of PMC. They are all companies that provide essentially the same service, and after adopting Montreux Document in 2006, they were called Private Military Security Company (PMSC) and the name has become common. This paper reviewed the outline of PMSC and various legal issues of PMSC employees. Today, PMSC rarely provides combat services that have problems under international or domestic laws, but developing and advanced countries are entrusting combat support services. It goes without saying that the developed countries also look to the protection services provided by PMSC as a means to combat terror by Islamic extremists and other terrorists. The international security environment around East Asia has deteriorated in recent years, given the influence of China’s expansionism, which has become an economic powerhouse, especially the activities of maritime police in the seas around China’s Senkaku Islands and the establishment of air defense identification zones in the East China Sea. It can be said that you are walking on the road. Japan has increased its defense budget while discussions on the defense of the Southwest Islands are intensifying due to lack of claim to sovereignty over Dokdo, and the number of self-defense forces is not enough. Japan’s Defense Ministry has previously pushed forward work entrustment to PMSC, but did not consider entrusting work that could cover insufficient manpower in consideration of the defense of the southwestern system. Today, Japanese self-defense personnel are reported to be short of the number of self-defense personnel engaged in combat due to insufficient capacity, so it will be necessary to consider consigning work for the parts that can be engaged in other than self-defense personnel. The problem is that Japan’s situation like this also applies to Korea. In other words, due to the lack of a command to be enlisted as active duty soldiers, the police eliminated the compulsory police, reduced the combat police, and the conscription system for women is being discussed, and the use of PMSC in areas requiring noncombatants can be an alternative. Because of this, it has become a situation that requires an open discussion. Therefore, in this paper, in consideration of such a situation, the discussion aims to clarify the concept of PMSC and its service types, and at the same time review various legal issues of PMSC and its employees entrusted by the military. In particular, business cases of private military companies (PMC) Was investigated and discussed.