• Title/Summary/Keyword: Private Investigation Law

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Research trend analysis of the introduction at the issue of private investigation institution (민간조사제도 도입시 쟁점에 대한 연구동향 분석)

  • Seo, Jin-Seok
    • Convergence Security Journal
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    • v.15 no.3_2
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    • pp.11-19
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    • 2015
  • This paper, so far to analyze the research trends in the issue that has been discussed for the introduction of private investigation institutions, by projecting its suggestion, want the investigation purpose of presenting the desirable introduction direction. The analyzed issue was extracted for existing research material on the introduction of private investigation institutions. Investigators pointed out issue is the name, business scope, corporate, qualification system (eligibility criteria and test), education, association establishment, regulatory agencies, has been included in the eight categories such as legislation form. For the name, I think there is a need to unify under the name "detective". For the scope of work, the amendment is difficult law, place an overview of the general business rules, more specific and detailed investigation business content, to discipline through the ordinance it is possible to be rational. Private investigation institutions, I think the need for limited operations of the corporation. For education, the new education and re-education on a regular basis I do for the private investigation workers. You must be one of the National Police Agency to the management authority. Legislative form, not to be defined by its own law, the revision of the security law, but that is to complement the provisions for private sector research system is effective.

Implications of Japanese Private Detective Service (일본 탐정업의 현황과 시사점)

  • Kim, Il Gon
    • Convergence Security Journal
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    • v.12 no.5
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    • pp.3-13
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    • 2012
  • Japan came to result in enacting and enforcing the law on rationalization of service pertinent to the Private Detective Service Law in order to rationalize the illegal service realities of private detective service dealers and detective agencies, which were flooded in 2006. Since the enactment of the law, the problems are still taking place in relation to Japanese private detective service as of 2012. However, Japan's regulatory agencies can be known to revise the corresponding statute and to make effort to improve consciousness of agencies in order to improve these problems. Accordingly, it can be considered to be great in implication as for our country's introduction of private investigation service in the future. Arranging these contents, they are as follows. First, it is improvement in problems related to other statutes according to performance of private detective service. Second, it is reinforcement in management of private detective service violators. Third, it is propulsion of rationalization in cost according to a contract of private detective service. Accordingly, it can be considered to be necessary for being newly legislated at the 19th National Assembly from the perspective dubbed development and social right f unction in private investigation industry, by further supplementing Japan's these problems and arranging improvement plans so that the corresponding service called private detective service can do more public function in society.

A Research on Extension Device of Korea Private Security Market (한국 민간경비 시장의 과제와 활성화 도입방안)

  • Park, Jun-Seok
    • Korean Security Journal
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    • no.15
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    • pp.173-198
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    • 2008
  • As we took a look at above, this researcher suggest following device to extend Korea's private security industry's area. First, it is necessary to extend private investigation law's area grafting private security together. Second, it is necessary it is necessary to think of private security's role related key figure law, corresponding terror law, Presidential Security Service Guard law. Third, as a draft of a proposed law related prevention flowing out of industry techniques among industry security related law, passed, it is necessary private security's diversity, subdivision, composition through an enterprise security, and private security industry area's grafting together. Fourth, a research about private security company's investment and professional area's bringing up as well as business's extension device should be groped for the security consulting though total system management service. Fifth, there are no big difference education course and purpose, duty about a security police man law and security law's unification, so it is necessary to drive forward actively unification through government organization's cooperation. Sixth, a paradigm shift should be occured about private security service among policeman, citizen, and private security guards. Seventh, it is considered the role of security association is important. Lastly about a matter communication between the National Police Agency, and Security Association, not only look at from an authority's angle, collecting information, corresponding ability but now it is considered to grope each other cooperation device together among organizations not only the National Police Agency but also, National Organization, National Intelligence Service, the prosecution, Presidential Security Service Guard, Army etc.

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Research about Improvement Way of Fire Investigation System - Regarding Product Liability Responsibility Law - (화재조사 제도의 개선방안에 관한 연구 - 제조물 책임법과 관련하여 -)

  • Mun, Yong-Soo;Kong, Ha-Sung;Yoon, Myong-O
    • Fire Science and Engineering
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    • v.22 no.5
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    • pp.105-111
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    • 2008
  • Improvement of fire investigation system is required to supplement problem that can happen after product liability law enforcement of our country. This treatise searches special quality of inside and outside of the country fire investigation that was enforced present with theoretical background of manufacture water responsibility law and compared. And is based and grasped objective and hangup in police fire investigation, fire fighting fire investigation, engine fire investigation of private fire judgment. By improvement way accordingly first, proposed fire emotion connection studies and establishment and connoisseurship qualification system establishment etc. in the common people private fire diet, judgment, analysis company's necessity second, fire fighting of fire investigation system, police's member anger third, college.

A Study on the Establishment of desirable Model for Licensed Private Investigation Service System (공인탐정제도의 올바른 모델설정에 관한 연구)

  • Lee, Sang-Hun
    • Korean Security Journal
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    • no.20
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    • pp.249-270
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    • 2009
  • There have been great demands for various private searches and collecting information activities. but in korea it is still banned to supply private investigation service and to use the term 'private investigation'. So establishment of desirable model for private investigation service system is essential factor in strategic approaching for privatization of policing. In most developed countries private investigation service system is generally permitted and various methods to solve the side effects of that are considered. It is necessary to revise more the Security Business Law to introduce private investigation service system so that the dispute on determining how to do and what to do. It looks like that police agrees with the introduction of the private investigation service system because this could be an option when it comes to the job that its members can take after retirement and because this system helpful their own work. Actually Korea government have tried to prepare the law enactment of the private investigation service system since 1999 but have been failed. This study focuses on implementing the suitable system for private investigation service in Korea, which includes the consideration of the logical validity of the introduction by comparing with other foreign private investigation service system. We should make research and effort to cope with such as a partial amendment about the problem and the side effect that can be happened in a beginning stage of system trial.

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A Study on the Introduction Direction of Private Investigation Law (민간조사업법의 도입방향에 관한 연구)

  • Lee, Seung-Chal
    • Korean Security Journal
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    • no.17
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    • pp.255-276
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    • 2008
  • The important items, which should be considered in Private Investigation Law, can include subjects, licenses, the scope of business, qualifying examinations, and supervisory and penal provisions. The subjects of Private Investigation Law should be permitted to be both natural persons and juridical persons in terms of providing various services, but should be permitted to be juridical persons and should be administered on a license system, even in order to ensure public interests. Concretely, the introduction scope of Private Investigation Law can be regulated to include the followings: that is, investigating the whereabouts identification of runaways and missing children, investigating the personal identification, habit, way of action, motivation, whereabouts identification, real child confirmation, association, transaction, reputation, and personality of specific persons or specific groups, investigating the whereabouts identification of missing persons, owners of government-vested properties or renounced properties, investigating the whereabouts of lost properties or stolen properties, investigating the causes of fire, character defamation, slander, damage, accident, physical disability, infringement on real estate or movable property, and investigating all sorts of accidents including traffic accidents, insurance accidents, and medical malpractices. In the qualifying examination, examinees' age should be restricted to be over age 25. The person, who is exempted from its primary examination, should be restricted to be the person, who has the career of over 20 years in related fields, in consideration of its equity with other certificates of qualification. In the supervisory institution, as the policy institution is the supervisory institution in many countries including France (the police) and Japan (public security committee), so the National Policy Agency should be the supervisory institution in consideration of management aspects. In the penal regulations, especially, we should clarify the management of personal information (personal information protection, personal information management), and so should prevent the infringement of people's basic rights, and then should ensure the public interest.

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Enactment Direction of Private Investigation Law (민간조사업법 제정방향)

  • Lee, Seung-Chal
    • Journal of the Society of Disaster Information
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    • v.7 no.2
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    • pp.123-129
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    • 2011
  • The primary agent of civil investigation businesses must be a corporation to line up with public interests, and the government has to carry out the permit system on business owners. As many countries such as those of European and Japan supervise civil investigation business and the police agent supervises guarding businesses, so the police also has to supervise civil investigation business. In many cases, civil investigation businesses deal with private information, and the police has to prevent from infringing customers' basic right by clarifying private information management for punishment. In addition the police has to tighten up customers' obligations. For example the police has to deliver papers about the contents when they enter into or change contract, or after they enter into contract.

A Comparative Study on Private Investigators in the United Kingdom and South Korea - Focusing on the Missing Person Investigation System - (영국과 한국의 민간조사원 비교 연구 - 실종자 조사시스템을 중심으로 -)

  • Kwak, Minjun;Choi, Yeon-Jun;NamKung, Lock
    • Korean Security Journal
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    • no.59
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    • pp.189-215
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    • 2019
  • As modern society has become specialised and complex in all areas of politics, economy and society, it has reached a point where it is difficult to control crime with the general public power. Private security, which began to fluctuate after the 19th century, has expanded its scope to subsidise public power in various areas, sometimes beyond public power. Among these private security activities, the private investigate system has long been used to provide private investigate services that are safe from personal human rights protection and crimes. This study investigate the private investigation system in the United Kingdom and South Korea focusing on the missing person investigation system by using the qualitative content analysis of research methods. First, the results of the qualitative content analysis are described through methods such as literature reviews and interviews on how the British private investigation system and the missing persons search system are implemented. Next, the results of the content analysis are presented through the methods of literature reviews and questionnaires on how the implementation of the civilian survey in Korea and the search for missing people is proceeding. It is a very important field in both countries, and there is a very limited study, especially from a Korean perspective. Therefore, it is expected that this study will not only facilitate discussions for the successful legalisation of the private research system, but also provides a basic foundation for future research. The study of the private research system should be ongoing and periodic, not temporary. In addition, in order to introduce Korea's private survey system, the private investigation system should be developed by discovering the problems of the Private Investigation Law mentioned in this study and collecting opinions from citizens, academics and related institutions. The introduction of the private investigation system requires the connection of the efforts and interests of citizens, academia and related institutions.

A Study on Legislation for the Efficient Management of Private Investigation(PI) Industry in Korea (탐정 산업의 효율적 관리를 위한 법제화 연구)

  • Jun Ho Sun;Sang Min Kim;Keon Ryeong Yeom
    • Industry Promotion Research
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    • v.8 no.2
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    • pp.157-164
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    • 2023
  • Since there are no related laws and regulations in the Korean private investigation industry, anyone can freely operate it if they report the business to the tax office. The reality is that companies hire PI to investigate rival companies and employees for specific reasons, as they generally rely on individual requests. The Korean PI industry is divided into two parts. The first are retired police officers and investigators who have experience in criminal investigation. The second are private citizen who can conduct investigation service activities runs a PI agency after everyone has registered with the tax office. It is no exaggeration to say that the current legal conflicts and legal problems that arise in the PI service cannot be ruled out because civilians are relatively less knowledgeable than PIs and legal experts. Therefore, in order for PI industry to operate stably in Korea, we will first study the concept and type of PI industry, comparative analysis of past PI laws, current status and reality of PI industry, and study the current status and references.

A Study on the Objective Opinion of Private Investigation Service (민간조사제도 도입 반대 의견에 대한 고찰)

  • Jeng, Il-Seok;Park, Jun-Seok;Suh, Sang-Yul
    • Korean Security Journal
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    • no.14
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    • pp.465-484
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    • 2007
  • Our society's modernization created many opportunities for us to need a private investigation service system. Variation of international environment due to joining in the OECD, opportunity of individual legal, collect evidence during judgement, prevention of damage criminal, security of business in company, free trade economy's system etc and don't need to enumerate how important of introduction of private investigation service system. In addition to there are lots of objection opinions, such as possibility of person's private life, invade of lawyer's area, confliction with investigation team, gap of wealth and poverty that make preponderance of information. So this research can be considerate from objective opinion, and can obtain conclusion just like below. First, private detective agencies that encroach on the individual rights will naturally deteriorate after the implementation of private investigation service system. Through this, the probability of civil rights encroachment will be lower, and for this to happen there needs to be a thorough maintenance of the system. Secondly, mutually beneficial solution should be found not by a conflict between two sides. Detective business sector should not cause social confusion from conflicts with other investigation organization such as police, or investigators, rather, it must get on the demand of the diversified citizen and maintain the diverse sector inter-cooperate right, and to do that law and institution must be made for the base. Thirdly, investigation used depending on the gap between wealth and poverty does not mean the actualization of the rights and interests of the citizen. If the duty of investigation sector is to find the evidence and collect or manufacture of the evidence, then the problems which the nation can't handle will be more enlarged and then finally end up with strengthening the capability of national public security demand.

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