민간조사업법 제정과 조사대상자의 인권

Abstract

Enacting the Private Investigation Law basically is thought to be desirable given trying to consider the necessity of supplementing a lack of security personnel such as grasping location of missing child or runaway person, the necessity of legalization for preventing illegal act of a detective agency and errand center, and the creation of new job. Among opinions about the introduction of the private investigation law, there is argument as saying that “the wrong recognition as saying that the investigation into an individual's privacy is the whole of private investigation service has misled social discussion to inordinate direction, thus an effort is demanded now to try to confirm necessity of the private investigation system with having the bigger weight in the sphere of security industry of focusing on national system and enterprise rather than an individual such as the task of a court and investigative agency, the protection of industrial secret and business secret in an enterprise, and the investigation into insurance accident of insurance company.” This has persuasive power. However, there is a need of always giving a thought to a point as saying that the discussion about introducing the private investigation system for satisfying people's demand for security and for securing basic legal right of case or criminal victims may rather violate general people's human rights excessively. Accordingly, the necessity of introducing the private investigation system comes to be positive. However, its introduction is thought to be necessarily made in a boundary available for minimizing investigation subjects' human rights abuse. In such sense, the scope of services given enacting the private investigation law is thought to be valid to be set for the bounds of “① investigation related to grasping location of missing child, runaway person, missing person, and offender with unknown whereabouts, ② investigation related to tracing robbery, missing article, and capital flight and to confirming location, ③ investigation into a cause and responsibility for traffic accident, ④ collection of data from a corresponding lawyer in relation to a case that the lawyer accepted” available for maximizing the right function of the private investigation service while minimizing an individual's human rights abuse amidst the service scope of the private investigation bill, which was suggested conventionally.