공인탐정 법제화 관련 쟁점에 관한 연구

Abstract

Korea is the only OECD member country without detective system, and officially relies on the public investigation agencies for all cases. If a legal detective system is enacted and implemented to resolve disputes smoothly without relying on public power, it will reduce the time and cost of social disputes and further improve people’s satisfaction and quality of life.
 Due to the lack of current legislation, there is a problem that personal information infringement and multidimensional human rights infringement can occur in the dard as errand centers and offices are not managed systematically.
 In 1999, the National Assembly first attempted to enact a bill on certified detectives, but it was not submitted to the plenary session, and 20 years late, about 10 laws related to detectives legislations were processed or discarded due to the expiration of their term.
 In fact, several bills have been tried by the National Assembly to protect the rights and interests of the people by overcoming the limitations of public power that cannot be fully responded to only by law enforcement and investigation by state law enforcement agency and creating future jobs. However, due to negative views on the infringement of personal information and privacy at work and conflicts with existing laws and regulations, it has been difficult to pass the bill.
 However, regardless of the ruling and opposition parties, there is no disagreement on the legalization of detectives, but there is a disagreement over which state agency the competent government office should be placed in, which is considered an obstacle to the legalization itself. This paper examines the main issues in the legalization process of certified detectives so far. To this end, from a comparative legal point of view, I would like to examine the cases of advanced foreign countries and propose a plan to legislate detectives suitable for Korea.