탐정사제도의 법제화에 관한 소고

Abstract

The legislation of the detective agency system and related laws should be made quickly so that it can actually fulfill its role in individual safety needs and public security demands for property and rights protection from various crimes and social side effects caused by recent social changes and settle into new occupations and industrial fields. As Korea's detective business has not yet cleared itself of the error that it is illegal as it has gone through the process of political, historical, and social changes, the supply and demand system for detective activities has been distorted, increasing the burden on state judicial institutions, increasing the burden on state judicial institutions, insufficient security services, reducing international competitiveness of detective projects and acquiring expedient information, and the need to introduce a detective system has been steadily raised. Looking at the National Assembly's submitted detective judicial law (draft), the National Assembly first attempted to legislate the "law (proposal) on certified detectives" in 1999, and 25 years later, 15 bills related to the detective judicial system have been withdrawn or abolished at the end of their term. Legislation has been attempted several times at the National Assembly to protect the rights and interests of the people through the overcoming of the limits of public power that cannot respond to law enforcement by the state's public authority and the creation of future jobs, but it has not been legislated. It has been difficult to legislate the detective law until now, including the confrontation between negative views such as personal information and privacy infringement and the establishment of a management and supervisory agency, and conflict with other existing laws. Korea is the only OECD member country that does not have a detective system, and all crime cases are handled by investigative agencies. In the modern trend of the times, in which a number of individual disputes and complex cases occur, if a detective system is legislated and implemented that can be smoothly resolved according to legal procedures without relying on public power, it is expected to reduce the time and cost spent on disputes between social persons, further improve the quality of life, and increase citizens' satisfaction. Currently, due to the absence of the detective justice law, similar detective businesses such as errand centers and entertainment offices are scattered and neglected outside the state supervision, and there are problems that can cause human rights violations such as personal information and privacy violations. . Currently, the introduction of the detective agency system in Korea has a task of how to introduce and implement it rather than when, and research to this end should continue. Under the strict management and regulation of the state, certification is granted to persons with certain qualifications and experience to prevent the occurrence of side effects such as human rights violations during detective activities, prevent and eradicate illegal activities, and encourage and develop positive aspects such as meeting the people's personal demand for security services, supplementing the judicial system, and enhancing international competitiveness.