선진외국 민간조사제도의 시사점 - 국내 도입 및 선진국 운용사례를 중심으로 -

Abstract

The private investigation service is a system through which private investigators can solve their clients' problems for profit taking purposes. This system reflects the reality that today's national investigation authorities can't solve their people's every problems and a trend that criminal trials is becoming evidence-based trials. Thus this system is being legalized to enable some qualified personnel who register with authorities to investigate facts and collect information. The Private Investigation Service Act was proposed continuously since 1999 'Ha Soon Bong Act' until 2008 'Lee In Gee Act', and is still on the table in the congress out of the concern that this law can infringe the basic personal privacy and cause other adverse side-effects. The following is the necessary reasons for the fast enactment of this system. As the society is getting developed and crime increases, national investigation authorities are showing some limits on their capabilities, and there is a growing demand for private investigation activities in the fields, such as surveying and obtaining evidence, etc. There is a growing necessity for nationally certified private investigators out of concern that illegal private investigators can leak their client's personal information when they take on the cases. Especially, as the foreign investigation companies posing as consulting firms are encroaching the internal markets, the enactment of private investigation service system is necessary to overcome the discriminative structure and improve global competitive power. Foreign developed countries, such as USA, England, France and Australia, has been implementing the private investigation service system, and these countries are strengthening their national managements on private investigation firms by stating in the law the scope of job, required qualifications, educational courses, authorized limit of power & duty and inspection institutions. USA has different kinds of systems according to the states, many of which make it a law to obtain the public license and have liability insurance. England has authorizing security institutions that inspect and manage the issuing and granting of the public license. France has changed a reporting system to a licensing system and opened the educational course for professional private investigators. Australia grants the license to the qualified personnel who accomplished a period of education course. As we look over the foreign developed countries' cases, the private investigation service system will end the vicious practices committed by illegal private investigators and explore the professional private investigators in the various fields. And the global competitive power is also necessary to have an edge on the multi-national private investigation firms. Since the enactment of private investigation service system has been continually discussed in the congress and between the industry and education field, it is quite necessary to carry on the study and make a public relation campaign for the system.