• Journal of the Society of Disaster Information
• /
• v.19 no.2
• /
• pp.254-261
• /
• 2023

Purpose: With the diversification of modern society, it is difficult to predict crime types, and the limitations of the state's functions, such as human limitations and lack of budget, are increasing. Method: However, as the number of private investigation companies that do not use illegal means to solve the request increased, attempts were made to introduce a public detective system that would manage and supervise it and compensate for the gap in public power. Result: However, due to the nature of the Private Investigator system, legislation has not progressed as the National Police Agency and the Ministry of Justice are at odds with existing laws that guarantee existing jobs such as lawyers and credit research. Conclusion: Therefore, this study analyzes the bills related to the authorized detective to the National Assembly, examines major issues such as the scope of work of the authorized detective business, the selection of management and supervisory authorities, and suggests ways to improve the successful settlement of the Private Investigator system.

• Korean Security Journal
• /
• no.61
• /
• pp.285-305
• /
• 2019

In the bill of [Act on Certified Detective and Certified Detective Business] (hereinafter referred to as the Certified Detective Act) proposed and represented by the member of National Assembly, Lee Wan-Yong in 2017, the legislative point of view showed that various incidents and accidents, including new crimes, are frequently increasing as society develops and becomes more complex, however, it is not possible to solve all the incidents and accidents with the investigation force of the state alone due to manpower and budget, and therefore, a certified detective or private investigator are required. According to the decision of the Constitutional Court in June 2018, Article 40 (4) of the Act on the Use and Protection of Credit Information is concerned with 'finding the location and contact information of a specific person or investigating privacy other than commerce relations such as financial transactions' are prohibited. It is for the purpose of preventing illegal acts in the process of investigation such as the location, contact information, and the privacy of a specific person and protecting the privacy and tranquility of personal privacy from misuse and abuse of the personal information etc. Such 'privacy investigation business' currently operates in the form of self-employment business, which becomes a social issue as some companies illegally collect and provide such privacy information by using illegal cameras or vehicle location trackers and also comes to be the objects of clampdown of the investigative agency. Considering this reality, because it is difficult to find a resolution to materialize the legislative purpose of the Act on the use and protection of credit information other than prohibiting 'investigation business including privacy etc' and it is possible to run a similar type of business as a detective business in the scope that the laws of credit research business, security service business, the position of the Constitutional Court is that 'the ban on the investigations of privacy etc' does not infringe the claimant's freedom to choose a job. In addition to this decision, the precedent positions of the Constitutional Court have been that, in principle, the legislative regulation of a particular occupation was a matter of legislative policy determined by the legislator's political, economic and social considerations, unless otherwise there were any special circumstances, and. the Constitutional Court also widely recognized the legislative formation rights of legislators in the qualifications system related to the freedom of a job. In this regard, this study examines the problems and improvement plans of the certified detective system, focusing on the certified detective bill recently under discussion, and tries to establish a legal basis for the certified detective and certified detective business, in order to cultivate and institutionalize the certified detective business, and to suggest methodologies to seek for the development of the businesses and protect the rights of the people.