Tasks facing Korea's private security business,and its prospects for the 2000's

This thesis forecasts changes in both the domestic and overseas public security circumstances, and analyzes the status of Korea's private security, discussing Korea's private security tasks and prospects for the 2000's, based on the results of problem analysis. Korea's private security business began in the early 60's, and has independently developed since the Security Services Act was established in 1977. Since the early 80's, the private security business has marked rapid growth, thanks to the introduction of Japanese private security capital and technology; and, since the successful holding of the ‘86 Asian Games and the ‘88 Seoul Olympics, the private security business has enjoyed remarkable growth year after year. However, behind such growth lie many problem areas. The internal problems afflicting private security service companies include; first, the private security service providers concentrate too much on labor‐based security; second, equipment‐based security business is limited; third, private security services are not evenly distributed nationwide; fourth, there is only a small scale of private security service providers; and, fifth, there is non‐designation of security vehicles as emergency vehicles. Problems with respect to mutual cooperation with police include (1) insufficient police support in providing training for security personnel, (2) minimal police organization in charge of private security, (3) lack of understanding and cooperation because of low exchange of information between the police and private security organizations, and (4) non‐establishment of standards applicable to the respective roles of the police and private security organization together with lack of emergency mutual contact and information systems. In order to solve these problems and achieve a desirable level of private security performance in the 2000's, a security personnel specialization policy along with security specialist schools must be established and operated. As a developmental policy, it is desirable that the function of examining private security policies be granted to Korea's Police Committee, corresponding to the U.S.A. Regulatory Board, or Japan's Public Security Committee. As a cooperation‐building exercise between the police and private security organizations, systemic meetings, officer‐in‐charge systems, ride‐along programs and crime prevention consulting service centers must be started up and operated.     

Holding back the tide: policies to preserve and reconstruct health insurance coverage in Maryland

Over the past decade, state officials have pursued a variety of strategies to protect and expand health insurance coverage for their residents. This article examines the course of action in Maryland, where new initiatives were shaped around the state's unique hospital payment system and its reimbursement of uncompensated care, an evolving Medicaid and children's health program, and regulation of the small group health insurance market. Several important patterns emerge from the Maryland experience. First, even the most incremental initiatives--programs intended to aid a few thousand beneficiaries--bring into play the very issues that hamper comprehensive reforms: who is deserving of mutual aid and what is the proper role of government versus private entities in administering that aid. In Maryland, these issues generate conflict not only between Democrats and Republicans but also urban and rural interests. Second, all of the important reforms of the past decade were undertaken primarily in reaction to federal policy initiatives. Contrary to rhetoric lauding states as the "laboratories of democracy," the political impetus for reform and basic policy options emerge from interaction between federal and state debates. Third, even with budget surpluses and Democrats in control of the governorship and legislature, Maryland did not move aggressively toward universal health insurance. Now, with a much weaker economy and a new, Republican governor, the primary challenge will be to prevent further erosion of insurance coverage. The Maryland experience reiterates that each step toward greater health security, no matter how small, is a major technical and political challenge and that it will be difficult if not impossible to rely on states to secure coverage for all Americans in the foreseeable future.     

Private Security: Enforcing Corporate Security Policy Using Private Investigators

This article focuses on the use of private investigators as external agents, commissioned to enforce internal corporate security policy. After describing the sorts of services private investigators provide to industry and commerce and the legal contexts within which they operate, it considers private investigators as a form of secret police within private justice systems defined by companies. It considers the relationship between notions of public good and commercial expediency and raises important questions about the problem of controlling activities which are purposefully kept from legal scrutiny.     

The evolution of security industry regulation in the European Union

ABSTRACT

The European private security sector has grown from a handful of small companies at the end of the Second World War into a multibillion Euro industry with thousands of firms and millions of security staff. In Europe, the demands for security is not just expressed notionally but also officially in The European Agenda on Security stating the European Union (EU) aims to ensure that people live in an area of freedom, security, and justice. This article will begin by exploring the role of private security in society. It will then move on to consider the main phases in the development of private security regulation in Europe. Following on from this, some of the main areas of policy development will be considered, such as European bodies, initiatives, and standards. Finally, the article will explore some of the potential options for the future in better regulating the European private security sector. From a historical perspective, the evolution of private security regulation can be divided into three phases: the laissez-faire, the centrifugal, and the centripetal era – each with its own distinct characteristics and impact on the concurrent industry. In the EU where there is the legal framework for the development of a single market in services, the key social partners have been at the forefront of developing a series of standards and guidance documents which promote standards across borders at the European level. However, the institutions of the EU have been reluctant to intervene at a European level in setting minimum standards of private security regulation. Thus, the changing terrain of the EU relating to security, regulation, and the private security industry means the current trajectory may be in need of an injection of more radical thought and consideration.     

Experimenting with TripleCOPs: Productive innovation or counterproductive complexity?

The Basel, Rotterdam, and Stockholm Conventions are engaged in a path-breaking “synergies” initiative that coordinates and even integrates parts of their administration, operation, and implementation. This includes holding TripleCOPs during which their Conference of the Parties meet together in sequential and simultaneous sessions. This article provides a preliminary analysis of this unprecedented experimentation. We find several important positive and negative procedural, political, and policy consequences of the new format, including: countries with large delegations hold a variety of advantages; developing countries can potentially leverage negotiating strength in one convention to advance concerns in another; it is easier to address the environmentally sound management of chemicals and wastes holistically as well as specific technical issues that involve two or more of the treaties; and new opportunities exist for brinkmanship, obstruction, and cross-treaty negotiating that can make reaching agreement on some issues more difficult.     

Researching Private Security Consumption

This paper has two objectives: to provide an exploratory analysis of the rationalities and constraints that shape consumption of private security within organizations and to discuss some of the issues and questions that need to be addressed in future empirical studies of private security use by organizations. It is based largely on seven semi-directed interviews conducted with security managers, six of whom work in the private sector. While these security managers distanced themselves from responsibility for actual security consumption, arguing that they lack the capacity to make such decisions, they exercise considerable influence over the demand for private security within their organizations. Although all participants noted the relative ease with which they can convince their superiors to invest in security, they also indicated that security must have a demonstrated value-added component for the organization (often in money terms). Furthermore, executives expect security to be minimally intrusive and/or disruptive. This paper reports preliminary results of research on an under-investigated topic; it also builds on the methodological decisions and findings in this research to provide useful information to scholars interested in researching private security consumption in organizations.     

Patching the patchwork: appraising the EU regulatory framework on cyber security breaches

Breaches of security, a.k.a. security and data breaches, are on the rise, one of the reasons being the well-known lack of incentives to secure services and their underlying technologies, such as cloud computing. In this article, I question whether the patchwork of six EU instruments addressing breaches is helping to prevent or mitigate breaches as intended. At a lower level of abstraction, the question concerns appraising the success of each instrument separately. At a higher level of abstraction, since all laws converge on the objective of network and information security – one of the three pillars of the EU cyber security policy – the question is whether the legal ‘patchwork’ is helping to ‘patch’ the underlying insecurity of network and information systems thus contributing to cyber security. To answer the research question, I look at the regulatory framework as a whole, from the perspective of network and information security and consequently I use the expression cyber security breaches. I appraise the regulatory patchwork by using the three goals of notification identified by the European Commission as a benchmark, enriched by policy documents, legal analysis, and academic literature on breaches legislation, and I elaborate my analysis by reasoning on the case of cloud computing. The analysis, which is frustrated by the lack of adequate data, shows that the regulatory framework on cyber security breaches may be failing to provide the necessary level of mutual learning on the functioning of security measures, awareness of both regulatory authorities and the public on how entities fare in protecting data (and the related network and information systems), and enforcing self-improvement of entities dealing with information and services. I conclude with some recommendations addressing the causes, rather than the symptoms, of network and information systems insecurity.     

公安交通管理数据备份中心建设基本框架

对于公安交通管理信息系统建设而言,在关键硬件设备采用可靠性技术的基础上,利用相关的软件技术,提供强有力的管理机制、控制手段和事故监控与安全保密等技术措施,创建公安交通管理信息系统备份中心,保障信息数据安全运行、提高容灾能力已刻不容缓。如何搭建公安交通管理信息备份中心的运行平台是规范性和技术性都不可忽视的重大问题。本文从总体需求与技术环境层面,为创建公安交通管理信息备份中心提供基本思路,以期为贯彻落实公安部“金盾工程”作出些许贡献。     

Corporate Mobility and Company Law

Globalisation has given commercial parties more freedom to choose the company law system that best suits their private needs. The growing range of techniques to facilitate choice between systems of company law reshapes the mandatory/enabling debate in countries where corporate mobility is a relatively new business phenomenon and where the past focus has mostly been on degrees of flexibility within domestic law. This article examines relocations, both out of and into the UK, as a source of learning on market preferences with respect to company law and on vulnerabilities. It considers the wider policy implications for the development of company law of more freedom of choice between company law systems. It concludes with a call to explore the potential for more optionality within company law to counter the rise of choice between systems of company law.     

Tertiary Education in Security and Policing in Australia

This paper reports on the current status of police and security education in Australian universities and technical colleges. The study was undertaken in the context of calls for greater professionalisation of policing and security along with a variety of conduct scandals that have driven reform agendas for both sectors. The study found that police studies had a significant profile in universities with a wide range of courses available, but virtually no profile in technical and further education (TAFE) colleges. Conversely, protective security offerings were proportionately more prominent in the TAFE sector than in universities. Courses in information and communication technology security were more common across universities and TAFE. The research also found that, of the 39 Australian universities, 9 have research centres related generally to policing and security. These also appeared to favour policing over security. We argue that these findings should be of concern, given the fact that private and public sector security services have eclipsed police, in numbers at least, in many jurisdictions. Security should, we argue, be counted as an equal partner with police in crime prevention services. In addition, we argue that those engaged in security management should be given greater opportunities for study at the university level. Moreover, security studies should have an expanded research focus.     

Engaging the Private Sector: EU–China Trade Disputes Under the Shadow of WTO Law?

Abstract:  This article intends to reflect a new tendency of China's new trade policy to utilise more effectively the World Trade Organisation (WTO) rules with the support of emerging public–private networks, at bilateral, regional and multilateral levels. Based on legal pluralism and network theory, this article argues that although still far from an active user of the dispute-settlement mechanism, China is gradually building up its legal capacity for challenging foreign trade barriers, by actively engaging the private sector and mobilising resources of domestic industries. It particularly focuses on how this new trend has been reflected on three recent high-profile disputes: textile, footwear and car parts, and concludes that the pattern of China's trade policy indicates that both China and its trading partners have realised that their trade relations are developing under the shadow of WTO law.     

Mandatory accounting disclosure by small private companies

This article analyzes how mandatory accounting disclosure is grounded on different rationales for private and public companies. It also explores technological changes, such as computerised databases and the Internet, which have recently made disclosure of company accounts by small companies potentially less costly and more valuable, thanks to electronic filing and universal online access to credit information systems. These recent developments favour policies that would expand the scope of mandatory publication for small companies in countries where it is voluntary. They also encourage policies to reduce the costs and enhance the value of disclosure through administrative reforms of filing, archive and retrieval systems. Survey and registry evidence on how the information in the accounts is valued and used by companies is consistent with these claims about the evolution of the tradeoff of costs and benefits that should guide policy in this area.     

The Camorra closely observed

An article that discusses how information and communications technology (computer systems and data transmission) are used as ‘cyber weapons’ for criminal purposes. It canvasses a number of legislative policy options for controlling their misuse. The paper concludes with the view that implementing some form of cyber weapons laws – in the same vein as firearms legislation – would not only help ensure society's domestic well-being, but would also aid national security.     

Social Constructionism and Criminology: Traditions,Problems and Possibilities

Over the last twenty years, the prison system, border controls, crime prevention programmes, anti‐terror measures and private security companies have expanded within Europe. This article discusses some of the implications. It will be argued that we are witnessing a paradigmatic shift in the manner in which state‐sanctioned force is employed. The distinction between what is criminal, to be dealt with by the justice system, and what creates a ‘perception of security’—formerly to be dealt with by social policy—is being eroded at both macro‐ (‘war on terror’) and micro‐ (‘public order’) levels. The rule of law is giving way to a security mentality, where force is employed on the basis of risk assessments. Social problems are re‐interpreted as security threats, and met with measures recreating the original threats. This gives the policy field a distinctive rationality of its own.     

Introduction of a national electronic patient record in The Netherlands: some legal issues

The electronic patient record (EPR) is a major technological development within the healthcare sector. Many hospitals across Europe already use institution-based electronic patient records, which allow not only for electronic exchange of patient data within the hospital, but potentially also for sharing medical data with external healthcare providers, involved in the patient's care, such as general practitioners or pharmacists. In this article, we discuss the attempt made by the Dutch government to introduce a nationwide electronic patient record (n-EPR). Describing and analyzing the new legislation that is currently being developed to establish the infrastructure for the n-EPR and the related legal issues, we conclude that the introduction of a n-EPR give rise to some substantial concerns. These vary from technical and quality issues such as the reliability of patient data and sufficient standardization and interoperability of the systems used, to issues in the field of data security and confidentiality. For a successful introduction of the n-EPR within the healthcare sector, a condicio sine qua non is that the related legislation provides sufficient safeguards and clarity with respect to the responsibilities and liabilities of its main users: the healthcare professionals.     

Beat patrol deployment in Hong Kong

This article addresses critical policy issues raised in the SB vs. DB debate. How should such a policy debate be resolved? What are the pros and cons of both patrol deployment measures? More importantly, what immediate and effective remedial steps can be taken to secure the front line police officers’ desire for safety and security without compromising the public's legitimate expectation for order and service. This article provides the HKP community — policymakers, operational managers and front line officers — with relevant research literature and pertinent empirical data to understand the issues involved and help resolve the debate in an informed and reflective manner. In the end, the article argues that education and training are more important than patrol deployment in reducing risk of injury to police officers in the line of duty. Removal of side arms and demilitarization of the HKP is also suggested.     

HIV treatments, vaccines, and microbicides: toward coordinated advocacy

In November 2003, the Canadian HIV/AIDS Legal Network convened a meeting in Montréal of global experts working in the fields of treatments, vaccines, and microbicides. The meeting was historic in that it was the first occasion on which advocates from the three fields had the opportunity to meet and exchange views on policy priorities. In this article, John Godwin provides a summary of the background paper produced for that meeting and of the key outcomes of the meeting. The article describes the reasons why developing a joint advocacy agenda has emerged as a priority for advocacy organizations from the three fields, despite their differing histories and the fact that they have often been positioned as competitors rather than collaborators. The role of a human rights approach in informing joint advocacy and the relevance of the prevention-care-treatment continuum are considered. The article then examines possible areas for joint advocacy, including funding, clinical trials, public private partnerships, tax credits, liability issues, equity pricing, bulk procurement, regulatory issues, manufacture, delivery, and national plans. The article concludes by noting upcoming opportunities for joint advocacy efforts, and outlining the next steps to be taken by the Legal Network to support coordinated advocacy.     

The Relationship between Legal Systems and Economic Development: Integrating Economic and Cultural Approaches

This paper seeks to demonstrate the need to bridge the gap between the economic and culture-based approaches to two issues which are fundamental to the debate over the relationship between legal reform and economic development: (a) the relative importance which economic actors around the world place on the legal system and (b) the core components of an effective legal system, as defined by those economic actors. It first outlines the major tenets of current economic legal reform policy, focusing on its underlying assumption that the perceptions and expectations of economic actors around the world do not vary significantly. Data from Geert Hofstede's study of variance in cultural values are then analysed in order to demonstrate how cultural values might affect private sector perceptions and expectations of legal systems as supporters of material progress. It concludes that there is a clear need for a more interdisciplinary approach to the debate over the relationship between legal reform and economic development, and the potential variance in private sector perceptions and expectations of legal systems in particular. Such an approach might be initiated through a systematic integration of existing data and theory from each discipline, reinforced by a new multi-country survey.     

Public policy inquiry and advice as an aspect of constitutional reform

This article presents for the first time an outline of a classified review of the many types (some 20) of public policy inquiry or review exercises used in British public affairs. They are mainly created by the government but are also increasingly promoted by private bodies hoping to influence government and the established specialist interests in a policy field by supplying free and authoritative information and recommendations. A brief commentary on each of these ‘decision advice processes’ (DAPs) draws out their changing profile and questions the democratic propriety of the executive itself now investigating or reviewing important public policy issues which were, until quite recently, unquestioningly given out by departments for external and (normally) independent‐minded commissions and committees of inquiry to study and recommend upon. The question of whether the current movement for constitutional reform should include the overall ‘decision advice process’ and place it on a more independent and authoritative basis is raised. A parliamentary, rather than (or as well as) an executive, basis for most official ‘DAPs’ is proposed, while the currently flourishing practice of charitable foundations, think‐tanks and established interest groups promoting unofficial DAPs for the information and guidance of the government, parliament and the public is endorsed.