민간조사영업에서의 기본권 보장과 국가개입의 법리

Abstract

Previous studies on the private investigative system have led to the wrong direction of "legitimizing" existing illegal activities that collect information on privacy for commercial purposes. This study redefines the approach to private Investigation from the viewpoint of public law. The purpose of this study is to provide a framework of legal analysis to enable legitimate private investigation industry to be constructed and guaranteeing freedom of business activities through the strict regulation of business activities for private investigations that have already fallen into 'the widespread illegal state'. In order to discuss the regulation or institutionalization of a particular occupation, the freedom of the occupation guaranteed by the Constitution should be the starting point. From a historical and comparative institutional perspective, private investigation has been naturally created and developed as a professional job to secure citizens' rights, and advanced countries are gradually adopting a strict regulatory system. From the market point of view, current private investigation regulatory policy is a complete failure, and under current legislation it is no longer possible to stop it with any kind of enforcement or control. The private investigation can not and should not be prohibited, as long as the right of the people to know is ascertained through the legitimate procedures permitted by law. However, in the market conditions where the boundary between legal and illegal is vague and more profit can be expected through illegal activities, it should be regulated through strict qualifications system and licensing system.