Administrative execution by proxy is one of forced executions of administration and
is also called as “enforced execution by proxy” in which administration institutions
or the third party executes by proxy on behalf of parties who did not execute
obligations under administration law and files claims to compensate expenses
required in the proxy execution. Despite the actual site of administrative execution
by law, social problems are generated because various violence and behaviors of
infringement of human rights between executer and obligator are rampant and thus
causing human damages since forced execution by physical force is carried out and
cases of police indictments and petition to human rights committee are gradually
increasing. Majority of people mobilized in this actual site of violence are supplied
by private security companies which provide service contract and mobilization of
people without qualification of guards or security service and irrational execution by
proxy and violent actions by so-called service hooligans connected to violence
organizations are now becoming social issues. In these actual sites of violence,
structurally very complicated problems such as economic rights, right of residence,
struggle for living, and intervention by outsiders are contained.
This thesis has analyzed causes of outbreaks of violence and discussed about
improvement countermeasure by paying attention to mobilization of people by private
security companies.
As the result, through revision and improvement of laws and systems, execution
institution and policemen must be present at actual sites of execution by proxy to
control physical execution of private security companies to be carried out legally and
when violent collisions are occurring, it shall be stipulated that police should
immediately intervene. Practices of execution by proxy of execution administration
institutions shall be avoided and causes of occurrences of violence shall be eliminated
by discrete decisions of execution by proxy, elimination of service contract conditions focused on accomplishments, and stipulation of responsibility of execution
institutions when problems occur. Practices of solving petitions through collective
actions of obligators shall be eliminated and strict enforcement of laws such as
disturbance of official execution or compensation claims for expenses of execution by
proxy must be carried out and intervention by the third parties must be intercepted.
Mobilization of manpower by security companies shall be limited to people with
prior registration who have acquired and finished qualification and education by
security business law and before putting them on actual sites, it shall be obliged that
execution plan with clear written records of working location, mission, and work rules
must be submitted in advance to police station in charge and also they must be
controlled to follow laws and statutes such as uniform and equipments. In addition,
personal criminal responsibility for violent actions must be clearly stipulated and
advanced securing soundness of security companies such as limits of service contracts
with records of accidents is required. Order placement behaviors of special
organizations under the pretext of rehabilitation business must be eradicated and
companies with capability and strong intention of observation of laws must be able
to receive orders by intercepting chains of contracts and sub-contracts.
Issues of improvement countermeasure of social problem, living, and compensation
including rights of residence and environment are excluded from the discussion.