The purpose of this study is to prescribe effective policies for introducing licensed private investigators in the Korean context. It is a disheartening reality that the Korean law enforcement agencies, suffering both from budget shortfalls and a lack of personnel, cannot adequately cope with challenges posed by new and evolving types of crimes accelerated by the rapid development of society and information technologies. Licensed private investigators are now increasingly seen as necessary for addressing the particular gap in law enforcement activities and upholding the safety and well-being of citizens.
Although a private investigation industry can potentially enhance the level of public safety, it is not without any drawback. There exists the real danger of breaching privacy laws and individual rights by private investigators. The following regulatory scheme can minimize their potential abuse while maximizing the expected benefit.
Firstly, a national authority made responsible for introducing private investigators ought to establish national licensing exams to validate eligible candidates’ understanding o f l aw a nd h uman rights a s r elated to p rivate i nvestigative work.
Secondly, the authority should foster establishing associations of private investigators. Such organizations can encourage and promote professionalism among affiliated members through the provision of legal education and training. In addition, the Korean Minister of Justice can be made, by law, responsible for checking potential abuse of private investigators.
Thirdly, the authority ought to establish a national system for providing legal means for the resolution of disputes between private individuals and private investigators; tatutorily require licensed private investigators to follow standard contract forms when signing agreements with clients, to comply with code of ethics premised on contractual duties of good faith, and to enroll in cooperative schemes for compensation to third parties in disputes.
Lastly, based on the requirements for private investigators, the study proposes a draft legislation with detailed provisions. Such legislation is construed to be both a sufficient and necessary condition to debuting licensed private investigators in the Korean legal context.