탐정의 미행권 보장에 관한 연구

Abstract

Since the revision of the 「Credit Information Use and Protection Act (hereinafter referred to as the Credit Information Act)」 in 2020, private detective work has been legally allowed in South Korea. However, the boundary between legal and illegal acts is ambiguous in private detective activities as related laws that specify the scope of the private detective's work have not been enacted. In addition, since the 「Stalking Crime Punishment Act (hereinafter referred to as the Stalking Punishment Act)」 took effect in October 2021, there have been cases in which private detectives who performed their duties through tailing techniques were punished for stalking crimes, so it is urgent to come up with related measures. This study points out the problem that even the follow-up and subsequent acts of private detectives within the scope of work can be a stalking crime. To search for solutions, this study analyzed the Japanese cases that implement the 「Act on Appropriateness of Private Detective Business (hereinafter referred to as the Japanese Detective Business Act)」 and the 「Act on the Regulation of Stalker Acts (hereinafter referred to as the Stalker Regulation Act)」. Based on this, this study reviewed the relationship between the 「Private Detective Business Management Bill (hereinafter referred to as the Detective Business Bill) pending in the National Assembly and the 「Stalking Punishment Act」 and suggested ways to improve the Private Detective Business Bill.