Private security means all security services related to the security provided by private citizens as the main body, and private investigation means that the individuals or private firms, as private status, investigate the cases requested by other peop...
Private security means all security services related to the security provided by private citizens as the main body, and private investigation means that the individuals or private firms, as private status, investigate the cases requested by other people. Since private security began in the 19th century, it expanded to diverse areas along changes of the times and in this process private investigation has also been positioned as a realm of private security. The U.K., France, Canada as well as the U.S. recognize private investigation as a realm of private security and established laws and regulations related to private investigation and are operating the private investigation system.
The country’s private security grew rapidly as various international events were held since the latter half of the 1980s and quantitatively, it grew to 127,620 employees of 2,671 firms as of 2006 and qualitatively, it developed from manpower intensive simple security to complex system utilizing high-tech equipment and technology. However, the private investigation system has not yet been adopted since negative perception on private investigation caused by illegal acts of the former ‘errand center’ still remains, coupled with lack of concrete discussion on the adoption of the system. However, other advanced countries such as the U.S. have adopted the private investigation system, having private investigation included in the realm of private security. In Korea also, measures to adopt the country’s private investigation system need to be taken considering the opportunity factors such as the private investigation act bill proposed in the last 17th National Assembly; progress in de-authoritarianism and democratization; continuous existence of demand for private investigation sector, and the advantage factors such as reducing the government’s workload arising from increase in prosecutions and legal actions; recognition as the area of new economic activities; the heightened transparency of the nation’s society; the ability to control inappropriate private investigation activities.
This study aims to propose the schemes to adopt the private investigation system in the country and it is conducted on the three aspects as follows. First, it discussed whether private investigation can be included in the realm of private security through examining the process of expanding the realm of private security. Second, it attempts to present the justification of adopting the system through discussion on the adoption of the private investigation system in the country. Third, it proposes the schemes to adopt the private investigation system through examining the private investigation systems of five advanced countries and Korea’s major qualifications system.
To that end, Chapter I presents the necessity of researches examines previous researches. Chapter II examines the concepts related to private security, the formation and growth of private security and private investigation, present conditions of the country’s private security, the present conditions of businesses related to private investigation and the realms of private security and private investigation. Chapter III discusses the private investigation systems and related laws and regulations, the operating systems, qualifications systems, the code of ethics, present conditions and prospects of the five advanced countries, the U.S., the U.K., France, Germany and Canada. Based on the above-mentioned discussions, Chapter IV presents the justification that the private investigation system should be adopted in various areas of our society. Finally, Chapter V proposed the schemes to adopt the private investigation system.
This study proposed the schemes to adopt the private investigation system in Korean society as follows with reference to the private investigation systems of the five major advanced countries, the private investigation act bill proposed by Ha Soon-bong, Kim Doo-hyun, Choi Jae-cheon, Lee Sang-bae and also with reference to the currently effective national qualifications systems of lawyers, judicial scriveners, patent attorney, licensed tariff accountant, licensed tax accountants, certified public accountants, licensed labor consultants, licensed real estate agents and security advisors.
First, control of the private investigation system should be pushed forward in consideration of consolidating with control of overall private security and, as the regulatory and supervisory organizations for private investigation, ‘the Management Committee for Private Investigation Business’ under the control of the National Police Agency should be established.
Second, the scope of business that the private investigator deals with should not be overly reduced or limited for fear of conflicting with other areas. It should be comprehensively regulated so that services can be provided to diverse areas that the people want.
Third, in order to improve the quality of private investigators and to enhance the quality of private investigation service, the qualifying system should be strengthened by strictly defining qualification requirements while the door to obtain qualification of a private investigator should be opened to the general public. For the former, ‘Private Investigator Qualification Deliberation Committee’ should be established and for the latter, ‘Private Investigation Assistant’ system should actively be utilized.
Fourth, in order to contribute toward materializing common benefits of society and prevent waste of human resources of the country as a whole by providing superior talent in the field of specialization related to private investigation with the opportunity to be engaged in private investigation business, the test for the qualification of private investigators should be exempted from the experienced workers of specialized field.
Fifth, in order to prevent the abuse of power of private investigators and to enhance their ethical consciousness and morality, code of ethics for private investigators should be established and, for disqualified persons, the cancellation of registration and qualifications should be made through the disciplinary committee.
Sixth, for the internal management and appropriate control of private investigators and early settlement of the private investigation system, the establishment of private investigation association and joining in the association should be obligatory by laws and regulations.
The private investigation business act bill was proposed by Choi Jae-cheon and Lee Sang-bae in the last 17th National Assembly and the related public hearing was held in the National Assembly and related seminars were held in related academies and the National Police Agency and active discussions on private investigation were made but it is regretted that the bill was not even submitted to the plenary session. The adoption of private investigation system can no longer be procrastinated due to increasingly diversified needs of the people for security service, discovery of substantive truth in the court, the expansion of the opportunity for superior human resources to participate in the security industry and the expansion of realms of private security. Through accommodating diverse opinions on the adoption of the system and researches on private investigation systems of other countries, the private investigation system suitable to the country’s realities should be adopted.