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Legal research on the introduction of the private investigation system - Focusing on private detective service legislative bill -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2021, 9(2), pp.11-36
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : April 30, 2021
  • Accepted : May 17, 2021
  • Published : May 31, 2021

Moon Jae Tae 1

1동국대학교

Candidate

ABSTRACT

In modern society, new laws continue to be enacted due to the development of science and technology and rapid changes in the way of life. And the spread of citizenship is bringing about the expansion of the role of the state. Accordingly, the state should focus on policy development that can guarantee activities for the active protection of the rights of the people. The “private investigation system” is an appropriate system in the context of such limitations in state administrative power and increasing demands for guaranteeing the rights of the people. In our society, social discussions have been continued on the introduction of the “Private Investigation System”. In addition, related legislation has been steadily proposed in the National Assembly. However, it was discarded every time due to concerns that the expected increase in privacy, personal information, and other illegal acts expected by the passage of the legislation would increase. However, there is no evidence that it is possible to block illegal activities just by recognizing the detective business. Rather, various damages can be relieved and prevented when the state officials and manages the detective business. With the recent amendment of the 「Act on the Use and Protection of Credit Information, from August 5, 2020, the use of the name 'Detective' and the detective business became possible. However, the amendment does not contain the standards and scope of work related to the detective business. In order to implement and settle the detective business, it is necessary to investigate foreign legislation that has already successfully operated the “private investigation system”. In addition, it is necessary to promote the detective business that reflects the improvement of the relevant legislation.

Citation status

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