탐정 조사활동의 실효성 확보를 위한 통합적 연구

Abstract

In the absence of a law on the management and supervision of detectives, the demand for the detective industry has increased rapidly due to the revision of the Credit Information Act in 2020, and evidence investigations in civil and criminal cases are being conducted extensively. However, as a detective, the number of detections due to illegal (e.g., provincial and eavesdropping) investigations is on the rise because he does not have the authority to secure the effectiveness of investigation activities. Overseas detectives are given a wide range of work areas and means of securing effectiveness (authorization), but recent domestic prior studies have focused on research related to the expansion of detectives' work areas. The purpose of this study is to find out specific ways to increase the effectiveness of detective investigation activities from the perspective of the "current detective" who is the subject of the detective system, focusing on the work areas of the three detective bills proposed in the 21st National Assembly and matters necessary to realize them (research questions). To this end, after collecting data through interviews with a small number of detectives, an integrated study was conducted with a number of detectives in parallel to secure the validity of the questionnaire items (a 5-point Likert scale, a total of 48 items). Among the 23 questions related to the research question 'A. Specific measures to secure the effectiveness of detective investigation activities', the validity of the questions that could increase the effectiveness of the work to identify whereabouts, such as reading and copying CCTV for crime prevention, was highly evaluated. On the other hand, it was confirmed that only the right to access information on phone numbers was out of the evaluation criteria (more than 75% of validity and less than 1.25 standard deviation). Among the 20 questions related to the research question 'B. Matters necessary to realize concrete measures to secure the effectiveness of detective investigation activities', some revisions such as the Lawyers Act restricting detective investigation activities and questions related to the signing of MOUs for cooperation with other organizations were highly evaluated. On the other hand, it was confirmed that the lower five questions related to securing the expertise and ethics of detectives, such as restricting the acquisition of a detective license for those with criminal background, were found to be outside the evaluation criteria set in this study. Since measures to secure the effectiveness of detective investigation activities are eventually linked to the expansion of the detective's authority, it is important to establish a legal and policy basis to ensure corresponding responsibilities. To this end, first, it is necessary to prepare a legal basis for management and supervision as soon as possible, focusing on private security projects (security business + private assistance projects). Second, benchmarking of the Security Business Act and the Petition Police Act is necessary to prepare effective management and supervision measures. Third, it is necessary to stipulate the investigation procedure for detective investigation activities. Through this, the possibility of expanding the authority of detectives in the long term should be promoted in consideration of the establishment of the detective system and the trend of securing expertise and ethics.