탐정업 관련 법률의 제정방향

Abstract

In Korea, detective-related laws were continuously proposed from the 16th National Assembly, but were not enacted for various reasons, which served as a barrier to the development of the detective industry. However, the decision of the Constitutional Court in 2018 and the revision of 「Crdit Information Use and Protection Act」 in 2020 allowed the use of detective names in Korea, and the scope of detective activities was expanded. As a result, legislation on the detective business has become more active in the 21st National Assembly. Therefore, in this paper, the direction of the detective management act was to be introduced to Korea, focusing on the systems and laws of the United States, Japan, and European countries where the detective system has already been established. According to a comparative analysis of prior research and foreign legislation, it is considered desirable for Korea's detective system to introduce the detective qualification management system rather than the state-authorized system. However, in order to ensure that the detective business is settled in Korea as soon as possible, it is requested to block illegal detective activities currently being conducted while preventing conflicts with other professional qualification areas. Therefore, there should be a mechanism to prevent the inflow of unqualified detectives into the detective business in order to legislate the detective business. In addition, the area of detective’s work should be clearly established so that the detective work does not conflict with other professional occupational groups (lawyers etc.). In addition, detective-related laws need to provide safeguards to minimize client damage to ensure efficient use of the detective industry.