한국의 민간조사제도 도입 시 지식재산권 침해사범 수사 적용방향과 역할

Abstract

The introduction of private investigation service system is becoming more required andessential as it not only supplements the welfare and protection on various violations onrights of individuals and enterprises, but also provides advanced prevention and suchcountermeasure beyond the limits that investigation agencies and institutions can provide. For the greater efficiency of investigation against an act of illegal violation of intellectualproperty right, not only selected prosecutors or polices but also selected governmentemployees of ministry of culture, Intellectual Property Office, and local government areappointed to a Special Judicial Police officer, authorized to conduct investigation in dept. However, due to the lack of human resources, time, and financial budget, it is difficult toapprehend the violators of intellectual property rights as they are world-wide, persistent,and concealed. As special judicial polices are facing difficulties, the cooperation betweenprivate investigation agency is indispensible throughout the investigation process whenthe investigation is requested by the source of the intellectual property rights. While under investigation on the violation of intellectual property rights, employees ofthe private investigation companies are capable of collecting information of the illegaldealers and buyers which these information would be shared with special judicial police. Private investigators are able to support and cooperate on the investigation duties at theintellectual property rights enforcement site and testify as a witness. However, neither those private investigation companies are authorized statutably, northey have signed a contract with the law enforcement agency and received a specializedtraining for the investigation even if they have qualified their foundations, the ethicalityof private investigators is highly doubtful and the evidence that they are cooperating withthe special judicial police lacks as well. Therefore, the introduction of private investigation service system should follow withlegalizing and authorizing such qualified private investigation agencies to conduct aninvestigation on protecting the intellectual property rights and convict the violators. Anenactment of private investigation acts should also include partnership between specialjudicial police and the private investigation companies in order to enhance the efficiencyof the investigation and provide specialized training regularly to the private investigatorsat the institute of justice to raise the morality and ethicality. Finally, the establishment ofan act on the performance of duties by special judicial police to consolidate thepartnership with the private investigators would reinforce the investigation as well.