민간조사제도의 도입과 업무범위 설정

Abstract

In South Korea, there seems to be general consensus about the adoption of private investigation system due to the limitations of the police and the increase in the demand of specialized private investigation in addition to the voices supporting its legalization. In order to implement the new policy successfully, the issues of bringing in the system in detail and setting its limitations must be considered comprehensibly along with the perception of the citizens and the structural relationship of the system with the related laws. Particularly, protecting personal information and individual privacy is the most sensitive issue in establishing the scope of private investigation after the recent multiple incidents of people's personal information being leaked through the Internet and being used in criminal activities. Therefore, the following five suggestions are made in this study after conducting the profound analyses of the legislation in South Korea and of different cases in foreign countries and the interviews with the professionals of related fields. Firstly, private investigators will help locate the lost or stolen property of their clients. Secondly, they will investigate various accidents and incidents to find the causes as well as responsible parties. Thirdly, the scope will include finding missing and runaway children, defaulters, and perpetrators of property crime. However, in the cases of defaulters and perpetrators of property crime, the investigators should only report the location of those who are sought by the clients and be prohibited from making any physical contact with them. Furthermore, the investigators will look into the crimes related to corporate security and accounts, insurance fraud, medical malpractice, and other cases within the scope of the presidential decree. Lastly, the investigators will secure the evidence to be used in court.