This thesis asserts the introduction of 'Private Investigation System' in that the actual need for the system is contradictory to the illegal condition of private investigation under the current criminal justice system. This research seeks to bring ou...
This thesis asserts the introduction of 'Private Investigation System' in that the actual need for the system is contradictory to the illegal condition of private investigation under the current criminal justice system. This research seeks to bring out into open private investigation considered, to frame the desirable social surroundings for private investigators, and to build the ideal relationship between the related agencies such as criminal justice authorities, the bar and private investigators.Various means for investigation should be provided for the revitalization of private investigation as well as for the eradication of illegal activities during investigating. For example, access to public information should be given to private detectives, since gathering and retrieving information, monopolized by the government so not open to the public, will be a key activity to private detectives.Private investigation plays only an positive role like the protection people's interest but also an negative role like the violation their privacy and freedom during investigating. Therefore, it is important to limit their activities to the extent within that their positive impact predominates over the negative impact from the infringement on people's civil rights. It is priority, of course, to make people, who could be a victim of privacy infringement, understand with communicating and publicizing about this issue, ahead of the introduction private investigation system.This thesis also seeks to find the way to cooperate with the related agencies such as criminal justices authorities, the bar and private investigators, at the same time, to minimize the possible troubles within them. Private investigators give impetus to improvement of authorities' investigation quality. Since, first of all, they could settle many cases such as minor offences or civil cases, which were assumed the whole responsibility of the investigation authorities. Secondly, private detectives could give help the authorities by providing information and cooperating each other. However, it is only important to establish a legal basis to interrupt private investigators' activities with resonable grounds for the prevention of unlawful interference with criminal justice authorities' investigation.Private investigators could be an effective business partner to lawyers with gathering evidence which supports their pleadings at the court. These activities will be more important under the new circumstances with the criminal justice system reform focusing on trial center attention and the jury system. However, encroachment on the bar's line by private investigators should be checked by institutional system. Therefore, legal judgement, including any type of legal advice or counselling, by private investigators should be prohibited.Both regulation and protection of private investigation are essential issues. This thesis will explore the insitutional means for preventing infringement human right by investigators, for settling the possible conflicts in the related agencies, at the same time, and for protecting private investigators. 'Private Investigation Association' could regulates its own members with the privilege of registration and disciplinary punishment. The other option is to create a special institution for supervising them. Further research and in-depth debate will pave the way to find the most effect supervision system of private investigation.