우리나라 공인탐정제입법화에 관한 연구

Abstract

The ROK first attempted legislation for the first time in 1999 in the ‘act(draft) on licensed private investigators' although it did not pass the plenary session. Twenty years have passed since, 10 legislative bills related to the detective system have been abolished due to withdrawal or term expiry and two cases are pending. Despite the fact that legislative proposals have been made 13 times in the National Assembly to overcome the limitations of future job creation and public authority and to protect the rights and interests of the people, the confrontation between negative views such as the invasion of privacy and the establishment of competent authority and conflict with the existing laws are causing difficulties in passing the bills. Therefore, the ROK is the only country among the OECD countries that does not have a detective system and all cases rely on the investigative agency, which causes difficulties in resolving problems in public order and personal disputes. If a licensed private investigator system, which can solve the legal process without any reliance on public authority in such a time where various personal disputes can occur, is implemented, the time and cost for social disputes will be reduced. In addition, in order to implement the licensed private investigator system, higher education institutions such as universities and university lifelong education institutes will have to establish and operate majors related to private investigators. Therefore, this study hopes for the passing of the ‘act(draft) on the licensed private investigators' in the National Assembly as academia, government ministries, and related agencies discuss the need and effect of licensed private investigators and resolve controversial factors.