• Korean Security Journal
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• no.12
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• pp.25-50
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• 2006

Private detectives and investigators offer many services, including executive, corporate, and celebrity protection; pre-employment verification; and individual background profiles. They also investigate computer crimes, personal injury cases, insurance claims and fraud, child custody and protection cases, missing persons cases, and premarital screening. This paper focuses on a private detective or investigator system in most developed U.S.A, but it is not easy to describe that system. Licensing requirements vary in U.S.A. Some States have few requirements, and many other States have stringent regulations. A growing number of States are enacting mandatory training programs for private detectives and investigators. Employment and need of private detectives and investigators is expected to grow faster than the average for all occupations. Thus, it is reasonable that korean government should permit private investigation service find the way to minimize the side effects of private investigation service instead of banning the service totally.

• Korean Security Journal
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• no.61
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• pp.285-305
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• 2019

In the bill of [Act on Certified Detective and Certified Detective Business] (hereinafter referred to as the Certified Detective Act) proposed and represented by the member of National Assembly, Lee Wan-Yong in 2017, the legislative point of view showed that various incidents and accidents, including new crimes, are frequently increasing as society develops and becomes more complex, however, it is not possible to solve all the incidents and accidents with the investigation force of the state alone due to manpower and budget, and therefore, a certified detective or private investigator are required. According to the decision of the Constitutional Court in June 2018, Article 40 (4) of the Act on the Use and Protection of Credit Information is concerned with 'finding the location and contact information of a specific person or investigating privacy other than commerce relations such as financial transactions' are prohibited. It is for the purpose of preventing illegal acts in the process of investigation such as the location, contact information, and the privacy of a specific person and protecting the privacy and tranquility of personal privacy from misuse and abuse of the personal information etc. Such 'privacy investigation business' currently operates in the form of self-employment business, which becomes a social issue as some companies illegally collect and provide such privacy information by using illegal cameras or vehicle location trackers and also comes to be the objects of clampdown of the investigative agency. Considering this reality, because it is difficult to find a resolution to materialize the legislative purpose of the Act on the use and protection of credit information other than prohibiting 'investigation business including privacy etc' and it is possible to run a similar type of business as a detective business in the scope that the laws of credit research business, security service business, the position of the Constitutional Court is that 'the ban on the investigations of privacy etc' does not infringe the claimant's freedom to choose a job. In addition to this decision, the precedent positions of the Constitutional Court have been that, in principle, the legislative regulation of a particular occupation was a matter of legislative policy determined by the legislator's political, economic and social considerations, unless otherwise there were any special circumstances, and. the Constitutional Court also widely recognized the legislative formation rights of legislators in the qualifications system related to the freedom of a job. In this regard, this study examines the problems and improvement plans of the certified detective system, focusing on the certified detective bill recently under discussion, and tries to establish a legal basis for the certified detective and certified detective business, in order to cultivate and institutionalize the certified detective business, and to suggest methodologies to seek for the development of the businesses and protect the rights of the people.

• Industry Promotion Research
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• v.8 no.2
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• pp.157-164
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• 2023

Since there are no related laws and regulations in the Korean private investigation industry, anyone can freely operate it if they report the business to the tax office. The reality is that companies hire PI to investigate rival companies and employees for specific reasons, as they generally rely on individual requests. The Korean PI industry is divided into two parts. The first are retired police officers and investigators who have experience in criminal investigation. The second are private citizen who can conduct investigation service activities runs a PI agency after everyone has registered with the tax office. It is no exaggeration to say that the current legal conflicts and legal problems that arise in the PI service cannot be ruled out because civilians are relatively less knowledgeable than PIs and legal experts. Therefore, in order for PI industry to operate stably in Korea, we will first study the concept and type of PI industry, comparative analysis of past PI laws, current status and reality of PI industry, and study the current status and references.

• Journal of the Society of Disaster Information
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• v.19 no.2
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• pp.254-261
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• 2023

Purpose: With the diversification of modern society, it is difficult to predict crime types, and the limitations of the state's functions, such as human limitations and lack of budget, are increasing. Method: However, as the number of private investigation companies that do not use illegal means to solve the request increased, attempts were made to introduce a public detective system that would manage and supervise it and compensate for the gap in public power. Result: However, due to the nature of the Private Investigator system, legislation has not progressed as the National Police Agency and the Ministry of Justice are at odds with existing laws that guarantee existing jobs such as lawyers and credit research. Conclusion: Therefore, this study analyzes the bills related to the authorized detective to the National Assembly, examines major issues such as the scope of work of the authorized detective business, the selection of management and supervisory authorities, and suggests ways to improve the successful settlement of the Private Investigator system.

• The Journal of the Korea Contents Association
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• v.20 no.9
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• pp.187-194
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• 2020

The purpose of this study is to examine the effect of police investigation environment on perception toward legalization of private investigation. To enhance the completeness, this study conducted a survey on police officers in service and analyzed the survey data through statistical technique. The results for examination on how police investigation environment influence on perception toward legalization of private investigation were as follows. When the 'work burden from long-term cold case' composing the police investigation environment is high, the police officer highly evaluated the growth potential of private investigation, showed positive perception toward private investigation market, and showed intention for re-employment at private investigation agency after retirement. When the police officer experiences more difficulties from 'investigation other than criminal case', the police officer highly evaluated the growth potential of private investigation and showed intention for re-employment at private investigation agency. In addition, when the police officer thinks that there are a lot of difficulties for "Limited investigation on specialized area", the police officer showed positive perception toward growth potential of private investigation and private investigation market. In addition, police investigation environment showed significant result on legalization of private investigation. The result also verifies that as the difficulty of crime investigated by the police is getting higher quantitatively and qualitatively, it is necessary to introduce private investigation system which is specialized and able to investigate for a long time. This study hopes that this study result would be utilized as the grounds in signing the bill for introducing the private investigation system.

• Journal of the Korea Society of Computer and Information
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• v.27 no.1
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• pp.167-174
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• 2022

Since the Promotion Committee was established on March 25, 2021, urging the enactment of the Detective Business Act, many opinions and attention from all walks of life have been gathered. The Detective Business system, which is also one of the presidential pledges of the current 19th President Moon Jae In, is expected to be significant in that it can promote the development of a welfare state as well as efficient parts such as meeting the demand for security reinforcement services, improving the judicial system, and enhancing internationalization. In accordance with the consensus of the nine judges of the Constitutional Court that the lower part of Article 40 of the "Act on the Use and Protection of Credit Information" which prohibits the use of similar names such as investigating the general life of certain people does not violate the Constitution, detective work became possible regardless of the general life investigation. In particular, the detective job officially appeared on August 5, 2020, and it will be able to provide effective work services to the public by competing with prosecutors, police, and lawyers who have occupied exclusive positions in the field of a criminal investigations. However, although the role of detectives is gradually expanding and society is rapidly changing, illegal activities are prevalent throughout society, and more than 1,600 companies are currently operating suspiciously using the only name of "detectives", but the police are virtually letting go of the situation saying that they are "unauthorized.", and the damage is only going to the people, so at this point, the most worrisome thing is the absence of the law. Meanwhile, amid concerns over institutions overseeing illegal activities caused by the emergence of the detective industry, private security and detectives are similar to each other as in the United States, and it is expected to be able to gain public trust by entrusting the police in charge of managing and supervising private security companies. Therefore, at this time when most OECD countries except Korea legislate the Detective Business Act, prematurely allowing only the detective industry without enacting industry-related laws and systems can further fuel social confusion and hinder the detective industry along with the new fourth industry.

• Korean Security Journal
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• no.20
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• pp.249-270
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• 2009

There have been great demands for various private searches and collecting information activities. but in korea it is still banned to supply private investigation service and to use the term 'private investigation'. So establishment of desirable model for private investigation service system is essential factor in strategic approaching for privatization of policing. In most developed countries private investigation service system is generally permitted and various methods to solve the side effects of that are considered. It is necessary to revise more the Security Business Law to introduce private investigation service system so that the dispute on determining how to do and what to do. It looks like that police agrees with the introduction of the private investigation service system because this could be an option when it comes to the job that its members can take after retirement and because this system helpful their own work. Actually Korea government have tried to prepare the law enactment of the private investigation service system since 1999 but have been failed. This study focuses on implementing the suitable system for private investigation service in Korea, which includes the consideration of the logical validity of the introduction by comparing with other foreign private investigation service system. We should make research and effort to cope with such as a partial amendment about the problem and the side effect that can be happened in a beginning stage of system trial.

• The Journal of the Korea Contents Association
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• v.19 no.7
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• pp.412-420
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• 2019

The purpose of this study is to suggest legalization of private investigation system by giving an example of Japanese detective investigation on people who have been missing for a long time. To accomplish the research purpose, this study reviewed literature and used preceding researches on Japanese detective system to complete theoretical background. This study also identified the missing people in Korea and Japan to accomplish the research purpose. Conclusion: In Japan, about 80,000 people are reported to be missing every year. Although most of them are found on that day or within a week, some of them are not found for more than a week. There even a case where the person was missing for more than 3 years. In such case, the Japanese citizens requests detectives to find the missing person instead of depending on the police. When Japanese detectives are paid by their client, they provide the security service requested by the client. Japanese detectives receive about 100,000 yen to 700,000 yen for finding missing person and they find the missing person through investigation on voluntary or involuntary missing person. Such activities of Japanese detectives point out the necessity of introducing private investigation system in Korea. Currently, most missing people are not found in Korea. Introduction of private investigation system will help in finding the missing person, reducing the excessive workload of police, and creating jobs.

• Convergence Security Journal
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• v.12 no.5
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• pp.3-13
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• 2012

Japan came to result in enacting and enforcing the law on rationalization of service pertinent to the Private Detective Service Law in order to rationalize the illegal service realities of private detective service dealers and detective agencies, which were flooded in 2006. Since the enactment of the law, the problems are still taking place in relation to Japanese private detective service as of 2012. However, Japan's regulatory agencies can be known to revise the corresponding statute and to make effort to improve consciousness of agencies in order to improve these problems. Accordingly, it can be considered to be great in implication as for our country's introduction of private investigation service in the future. Arranging these contents, they are as follows. First, it is improvement in problems related to other statutes according to performance of private detective service. Second, it is reinforcement in management of private detective service violators. Third, it is propulsion of rationalization in cost according to a contract of private detective service. Accordingly, it can be considered to be necessary for being newly legislated at the 19th National Assembly from the perspective dubbed development and social right f unction in private investigation industry, by further supplementing Japan's these problems and arranging improvement plans so that the corresponding service called private detective service can do more public function in society.

• Industry Promotion Research
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• v.8 no.1
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• pp.23-33
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• 2023

In modern times, damage caused by the spread of the Internet has become very diverse. In particular, due to the craze of K-pop since 2008, the damage caused by copyright infringement in the domestic and international music markets has become the biggest problem in the Internet market. However, the manpower of the police and copyright protection agencies to solve these increasingly intelligent crimes is insufficient. Therefore, we are trying to find out the role of the public interest detective as a supplementary force for the public authority and as a substitute for the copyright protection agency that can provide legitimate help for victims in the prevention of music copyright infringement and disputes. For this study, first, the concept and types of music copyright, the concept of public interest detectives, the current status and system of music copyright were identified, and the role of detectives for music copyright protection was explored through system operation and status analysis of protection agencies and literature review. Through the results of this study, it is hoped that the role of a professional detective in the public interest dimension of music copyright protection can be a good soil for the development of the detective industry in the future.