• Journal of the Korea Society of Computer and Information
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• v.27 no.1
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• pp.167-174
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• 2022

Since the Promotion Committee was established on March 25, 2021, urging the enactment of the Detective Business Act, many opinions and attention from all walks of life have been gathered. The Detective Business system, which is also one of the presidential pledges of the current 19th President Moon Jae In, is expected to be significant in that it can promote the development of a welfare state as well as efficient parts such as meeting the demand for security reinforcement services, improving the judicial system, and enhancing internationalization. In accordance with the consensus of the nine judges of the Constitutional Court that the lower part of Article 40 of the "Act on the Use and Protection of Credit Information" which prohibits the use of similar names such as investigating the general life of certain people does not violate the Constitution, detective work became possible regardless of the general life investigation. In particular, the detective job officially appeared on August 5, 2020, and it will be able to provide effective work services to the public by competing with prosecutors, police, and lawyers who have occupied exclusive positions in the field of a criminal investigations. However, although the role of detectives is gradually expanding and society is rapidly changing, illegal activities are prevalent throughout society, and more than 1,600 companies are currently operating suspiciously using the only name of "detectives", but the police are virtually letting go of the situation saying that they are "unauthorized.", and the damage is only going to the people, so at this point, the most worrisome thing is the absence of the law. Meanwhile, amid concerns over institutions overseeing illegal activities caused by the emergence of the detective industry, private security and detectives are similar to each other as in the United States, and it is expected to be able to gain public trust by entrusting the police in charge of managing and supervising private security companies. Therefore, at this time when most OECD countries except Korea legislate the Detective Business Act, prematurely allowing only the detective industry without enacting industry-related laws and systems can further fuel social confusion and hinder the detective industry along with the new fourth industry.

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

• Journal of the Society of Disaster Information
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• v.19 no.2
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• pp.254-261
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• 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
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• no.12
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• pp.25-50
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• 2006

Private detectives and investigators offer many services, including executive, corporate, and celebrity protection; pre-employment verification; and individual background profiles. They also investigate computer crimes, personal injury cases, insurance claims and fraud, child custody and protection cases, missing persons cases, and premarital screening. This paper focuses on a private detective or investigator system in most developed U.S.A, but it is not easy to describe that system. Licensing requirements vary in U.S.A. Some States have few requirements, and many other States have stringent regulations. A growing number of States are enacting mandatory training programs for private detectives and investigators. Employment and need of private detectives and investigators is expected to grow faster than the average for all occupations. Thus, it is reasonable that korean government should permit private investigation service find the way to minimize the side effects of private investigation service instead of banning the service totally.

• English & American cultural studies
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• v.14 no.1
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• pp.95-116
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• 2014

Paul Auster's The Locked Room, the third novel of The New York Trilogy, has been examined by many critics in terms of anti-detective fiction or postmodernism. However, this paper focuses upon how the author adopts and utilizes some key elements of the traditional detective novel and its literary tradition. Mystery storytelling is one of Auster's literary strategies and the theme of the double is another. For his novel Auster explores the theme of the double as in Poe's "William Wilson." In The Locked Room, the narrator "I" is described as a shadow of his childhood friend Fanshawe. After Fanshawe's disappearance "I" becomes a literary agent for his friend, and becomes a husband of his friend's wife and a father of his friend's child. Searching for information to write a biography of his friend, he realizes that his friend has always been living inside his skull condemned to a mystical solitude. When Fanshawe appears in the narrator's mind as an image of the door of a locked room, the locked room is also a metaphor for the closed consciousness of the narrator. In his strategy of mystery storytelling, Auster employs the quest of detective fiction as well as the irony of Oedipus the King, where the criminal pursued by the king turns out to be himself. The Locked Room starts with the mystery of Fanshawe's disappearance, and as the novel develops, the narrator pursues numerous clues about his biographical subject like a private eye. Ironically, however, he finds that the ghost of Fanshawe has always been with him and that this is inevitable. As the narrator resolves to quit his life as a double, he contrives to name a strange man Fanshawe as if he tries to turn his biographical subject into a fictional character in the same way Fanshawe has controlled the narrator like a character in Fanshawe's novel. Beaten by the fictional Fanshawe and recovering from a near-death experience, the narrator prepares for his final showdown with Fanshawe. The transcendence of his existence as a double is epitomized by his act to tear off the red notebook handed to him by Fanshawe, which confusingly delivers a message that a life is doomed to be a failure. The narrator's act to cut off Fanshawe's influence bespeaks his breaking out of his locked consciousness and a new start for his life with his own identity.