• 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.

• 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.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.

• Convergence Security Journal
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• v.16 no.6_2
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• pp.61-71
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• 2016

In this study, Private investigation in South Korea, while gone through so far of politics, the process of social change, a positive feature, without evolve, insufficient growth and security services of the business burden of national judicial institutions, detective industry international of the negative vicious circle, such as the acquisition of drop and expedient information of competitiveness is continuously induced it is a reality. It is, therefore, to the proposal, such as the following. First, it must be able to use the term "detective". Secondly, in order to verify the validity of this system, after introducing the first private sphere, in accordance with the stepwise its necessity, it is desirable to extend the operational range of the public area. Third, to have a country of qualification to private research workers, will be managed directly from the country is ideal. Fourth, we must also seek plan to specialize the designated educational institution as a commissioned education institution to institution with a faculty and facilities that are specialized. Fifth, the National Police Agency must manage and supervise the private investigation business. Sixth, the legislative form to amend the current security law, as a kind of private security, must be introduced by adding a private trillion business. Therefore, in order to complement the limitation of such studies, additional subsequent research has if it is not carried out.

• 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.

• Convergence Security Journal
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• v.15 no.3_2
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• pp.11-19
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• 2015

This paper, so far to analyze the research trends in the issue that has been discussed for the introduction of private investigation institutions, by projecting its suggestion, want the investigation purpose of presenting the desirable introduction direction. The analyzed issue was extracted for existing research material on the introduction of private investigation institutions. Investigators pointed out issue is the name, business scope, corporate, qualification system (eligibility criteria and test), education, association establishment, regulatory agencies, has been included in the eight categories such as legislation form. For the name, I think there is a need to unify under the name "detective". For the scope of work, the amendment is difficult law, place an overview of the general business rules, more specific and detailed investigation business content, to discipline through the ordinance it is possible to be rational. Private investigation institutions, I think the need for limited operations of the corporation. For education, the new education and re-education on a regular basis I do for the private investigation workers. You must be one of the National Police Agency to the management authority. Legislative form, not to be defined by its own law, the revision of the security law, but that is to complement the provisions for private sector research system is effective.

• Korean Security Journal
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• no.14
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• pp.465-484
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• 2007

Our society's modernization created many opportunities for us to need a private investigation service system. Variation of international environment due to joining in the OECD, opportunity of individual legal, collect evidence during judgement, prevention of damage criminal, security of business in company, free trade economy's system etc and don't need to enumerate how important of introduction of private investigation service system. In addition to there are lots of objection opinions, such as possibility of person's private life, invade of lawyer's area, confliction with investigation team, gap of wealth and poverty that make preponderance of information. So this research can be considerate from objective opinion, and can obtain conclusion just like below. First, private detective agencies that encroach on the individual rights will naturally deteriorate after the implementation of private investigation service system. Through this, the probability of civil rights encroachment will be lower, and for this to happen there needs to be a thorough maintenance of the system. Secondly, mutually beneficial solution should be found not by a conflict between two sides. Detective business sector should not cause social confusion from conflicts with other investigation organization such as police, or investigators, rather, it must get on the demand of the diversified citizen and maintain the diverse sector inter-cooperate right, and to do that law and institution must be made for the base. Thirdly, investigation used depending on the gap between wealth and poverty does not mean the actualization of the rights and interests of the citizen. If the duty of investigation sector is to find the evidence and collect or manufacture of the evidence, then the problems which the nation can't handle will be more enlarged and then finally end up with strengthening the capability of national public security demand.

• Korean Security Journal
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• no.46
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• pp.63-86
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• 2016

The object of this study is to propose a study on the Private Investigator usage for Cyber Crime. The latest trend of cyber crime is being evolve in sophisticated and complex way over the global, like internet fraud, cyber gambling, hacking and etc. Hence national investigative authority mobilize high specialized skills and method of criminal investigation by each nation. But it is hard to respond in rapid and effective way because of propoor, distribution of group and insufficient of related legal system. Already in other countries, not considerable amount of services are given to private investigators in detection and tracking part which is inefficient by nation. So it has significantly meaningful to compensate the defect and study about private investigator usage as companion of cooperation policing for effectively respond to cyber-crime. The way to effectively deal with the cyber-crime is reevaluate meaning of partnership policing and need of private investigator usage. Also it is to analyze the main issue about introduction of a system and suggest the effective way of introduction. First, legislation of private investigator usage which is based upon partnership policing should be made up. Moreover, to establish the range of private investigator's business and enhance the reliability, it is to propose introduction of leading professional global certificate and license system with sufficient education and test. We are expecting introduction of private investigator usage can improve efficiency of investigation and promote effective countermeasures of cyber-crime.