민간조사업 도입법안 논의와 그 입법대안 - 제19대국회 제출법안을 중심으로 -

Abstract

It has been continuously raised to assert the necessity and appropriateness for the introduction of private investigation business aiming to prevent social harmful effects due to the covert·illegal private investigation activities of a detective agency, which is recently pointed out as a severe social problem, and to protect the rights & interests of people and to recover their damage. The National Assembly’s legislation efforts and lawmaking activities to regulate the aspect of behaviors which are thoughtlessly conducted in a private sector have been continued. after reflecting the formation of a social consensus and any requests from all walks of life against this social harmful effect. The serious lawmaking activities in the National Assembly for the purpose of the legislation of private investigation business was started from the 17th National Assembly and its legislative bills have been raised over 9 rounds in a method of legislation by Assembly members until the 19th National Assembly. Nonetheless the reason the lawmaking activities in the national Assembly were not effectively progressed is due to the followings: the lack of agreement for the legislation of private investigation business, the business duplication with other business area and its possibility of infringement, the government’s unsatisfactory legislative supporting activities, the difference between administrative departments about the establishment method of standards and the designation of jurisdictional administrative agency for the administration & supervision of the private investigation business, and concerns about the adverse and side effects the system such as personal information leakage and privacy invasion, etc. Because of this reason, the efforts for its legislation in the successive National Assembly shows aspects in which the legislative bills have been automatically abolished by the proposer’s voluntary withdrawal or the expiration of National Assembly’s session to repeat consumptive lawmaking activities. In the future, a legislative discussion in the National Assembly for the purpose of introducing the private investigation business is required to review carefully the introduction of the system by conducting in the view of public law the in-depth approach of main issues such as the establishment method of standards for the regulation of the private investigation business, the work scope of a private investigator, the qualification of a private investigator, the operation body of the private investigation business, and the designation of jurisdictional administrative agency for the administration & supervision of the private investigation business.