The Detective Taking the First Step, Evidence Collection in Investigation Cases 'Not Allowed'

Commercial Activities Allowed from Today
Background Checks on Adults Violate Law
Introduction of Licensed Private Detectives Faces Difficulties

Private Detective / Photo by Getty Images Bank

[Asia Economy Reporter Lee Gwan-ju] With the enforcement of the amended Credit Information Use and Protection Act (Credit Information Act) on the 5th, which deleted the clause banning the use of the term 'tamjeong' (detective), it has become possible to engage in profit-making activities using the name 'tamjeong' in South Korea. However, activities generally considered detective work, such as collecting evidence for civil and criminal cases or conducting 'background investigations' on adults, are still prohibited under current laws. This article examines the types of detective work that are allowed and those that are not, with examples.

Verification of Contract Authenticity and Finding Missing Children 'Allowed'

One of the main settings in the famous Japanese manga about detectives, "Meitantei Conan" (Detective Conan), is a "famous detective agency." The protagonists receive various requests at the detective agency and solve cases. With the enforcement of the amended law, such detective agencies will now be seen in South Korea as well.

However, unlike in manga or novels, detectives cannot handle all types of cases. One of the main permitted tasks is locating minors who have run away or gone missing. If parents cannot contact their runaway child or if the child is missing and their whereabouts are unknown, they can request a detective to track their location.

It is also possible to collect publicly available information on behalf of clients or conduct basic fact-finding investigations with the consent of the other party. For example, verifying the contents of a real estate registry before a contract or confirming whether the details stated in a contract are true. Companies or businesses can also request detectives to verify the accuracy of resumes with the consent of job candidates. Confirming the whereabouts of stolen or lost items or assets is also among the tasks detectives can perform.

Evidence Collection for Investigations and Spouse Background Checks 'Not Allowed'

However, activities such as visiting crime scenes to collect evidence to find criminals, like the world-famous detective Sherlock Holmes, are not permitted for detectives in South Korea. Collecting evidence for ongoing investigations or trials is likely to violate the current Attorney-at-Law Act. Similarly, collecting materials to determine the cause of accidents, such as checking black box footage or CCTV through a detective after a traffic accident, is also prohibited. Catching a spouse in an extramarital affair, a common scene in morning dramas, is illegal for detectives.

Detectives are also not allowed to confirm the whereabouts of adults if it risks violating the Personal Information Protection Act. For example, if a treasurer absconds with a community fund, one should not request a detective to track the treasurer but should instead file a complaint at the police station. Confirming the residence or whereabouts of a spouse who has left home or adult children is also impossible without their consent.

Use of the Term 'Tamjeong' Allowed, but 'Certified Tamjeong' Faces Challenges

Although the use of the term 'tamjeong' (detective) has become possible, trust in detectives remains questionable. Currently, there are four institutions issuing detective-related qualifications, all of which are private certifications. Professionalism and whether the work is conducted within legal boundaries vary greatly depending on the individual. This is why the government is promoting the introduction of a certified detective system as a national agenda. The aim is to introduce certified detectives who can conduct fact-finding investigations and establish a management system under the police.

However, the related legislation is expected to face difficulties. In the 20th National Assembly, a certified detective bill was proposed but was discarded due to disagreements between the National Police Agency and the Ministry of Justice over the management authority, as well as opposition from the legal community concerned about privacy violations. Kang Dong-wook, Dean of the College of Law at Dongguk University, said, "Detectives are a private sector resource to assist in areas where the police cannot intervene. It is an urgent task to define the scope of permitted detective work and establish management regulations and systems."