Over a Year Using the Title 'Tamjeong'... Private Certifications Proliferate Due to Delays in Related Laws

Detective Business Management Act Pending in National Assembly
Legal Blind Spot Persists

[Asia Economy Reporter Lee Gwan-ju] Although it has been a year since the use of the title ‘tamjeong’ (detective) was permitted in South Korea, the legal framework to regulate it has yet to be enacted, resulting in a continuing legal vacuum. Taking advantage of this gap, private detective-related certifications are proliferating uncontrollably.

According to the National Assembly’s legislative information system on the 29th, the “Act on the Management of Detective Business (Detective Business Management Act),” which was respectively introduced by Lee Myung-soo and Yoon Jae-ok of the People Power Party in November last year, was only discussed once at the National Assembly’s Public Administration and Security Committee meeting in February this year and has since been stalled for nearly a year without significant progress. Consequently, the introduction of the “Certified Detective System,” one of President Moon Jae-in’s campaign promises, is considered practically impossible.

The title ‘tamjeong’ became available for commercial use following the enforcement of the revised Credit Information Act on August 5 last year. However, at present, the use of the detective title is limited to restricted activities such as confirming the whereabouts of missing children and adolescents, proxy collection of publicly available information like real estate registry copies, verifying the authenticity of resumes and contracts based on the consent of hiring targets or transaction counterparts, and confirming the location of stolen, lost, or hidden assets.

Industry and academia estimate that there are approximately 2,000 to 3,000 offices using the detective title domestically, with around 8,000 holders of private detective-related certifications. The currently proposed Detective Business Management Act aims to clearly define the scope of detective work through legislation amid the active presence of many detectives and to prevent indiscriminate invasions of privacy.

However, with the legal vacuum persisting for over a year, government-led investigations into the actual situation have not been properly conducted, leaving the sector in a blind spot of management. Exploiting this, private institutions are issuing a flood of private registration certificates. According to the Korea Research Institute for Vocational Education & Training’s Private Certification Center, there are currently 65 private certifications using the detective title, of which 49 (75%) were newly established this year. Including certifications using the title ‘private investigator,’ the total rises to 83.

Lee Sang-soo, president of the Korean Detective Policy Association and head professor of the Detective Studies major at Catholic University, expressed concern that “detectives, who require expertise and responsibility, are being reduced to a means for private organizations to ‘sell certifications,’” warning that “this could lead to a distortion of the industry structure.” He added, “To meet the public demand for detectives while eradicating illegal investigations and ensuring systematic management, prompt legislation of the Detective Business Management Act is necessary.”

There are also obstacles to overcome. The Korea Bar Association is a leading organization opposing the Detective Business Management Act. The Bar Association continues to voice opposition to the introduction of certified detectives, citing concerns over indiscriminate invasions of privacy and the potential emergence of new corruption among former officials.