일본의 탐정업무 피해분쟁에 관한 인식 연구

Abstract

This study considered a problem available for being caused henceforth with presupposing the introduction and the efficient operation of a private detective system in our country, and made an inquiry targeting a group of lawyers in Japan with having the research theme as ‘necessity of improvement pertinent to a dispute over damage of detective work’ based on the Private Detective Service Law in Japan, which is enacting and operating 「The Law on Optimization of Private Detective Service Business, hereunder called Japanese Private Detective Service Law(探偵業の業務の適正化に関する法律)」 from 2007 in the aspect of a countermeasure. Also, a research method for securing the validity of research was carried out the grounded theory that is a qualitative research method, and a qualitative empirical research as the polygonal analysis method using the Mind Maps Scoring Rubric by Kim Chan-jong et al.(2002). As a result of analysis, ‘improvement in a dispute over damage of detective work’ as the great category, which is the research theme, was classified into the improvement in explaining important matters given the contract of upper node(38.4%), the enhancement in the false advertising identity(35.7%), and the betterment in an investigation method(25.9%). In terms of lower node on each upper node, the improvement in explaining important matters given the contract was categorized into the business consignment details(24.1%), the appearance of the occurrence in additional expenses(20.2%), the Personal Information Protection Act(12.8%), the termination of contract(11.2%), investigation period(8.2%), disposal of the collected materials(7.1%), a contract officer(6.3%), and a method of reporting the investigation result(4.2%). The enhancement in the false advertising identity was classified into the standard investigation details(26.9%), the false entry of damage claim and recovery work(25.8%), the business request cost(21.7%), the company name and title(15.4%), and the advertising name(10.2%). The betterment in an investigation method was divided into internet investigation(56.7%) and telephone investigation(43.3%). A suggestion on the efficient operation of the Private Detective Service Law included, first, the clarification of the contract for commissioning detective work, second, a pursuit for a regulation plan of the false and misleading advertisements, and third, the diversification in an investigation method.