"Please feel free to contact us anytime if you need a background check."
Companies operating under the name of "detective," claiming to secure evidence of infidelity by spouses or lovers, are springing up like mushrooms. Most of these businesses, while presenting themselves as legalized detective agencies, are conducting illegal activities such as collecting evidence of infidelity and surveillance. Although consultations are so frequent that it is difficult to keep up, the lack of legal oversight creates a high risk of problems.
On the 31st, entering keywords like "surveillance," "infidelity," and "adultery" on social networking services (SNS) and portal sites yielded numerous detective agencies. Most of the content consisted of videos taken while following someone, accompanied by provocative terms such as "adultery evidence collection" and "interference." These agencies promote their services on official websites and SNS, claiming to conduct tasks such as business investigations, evidence collection, information provision, information gathering, errand services, and accident investigations. Some even openly list their business type as "Heungsinso" (private investigation agency).
◆Proliferation of Private Certifications=Since the amendment and enforcement of the Credit Information Act in August 2020, the term "detective" has been allowed for business use. Consequently, companies advertising detective services have proliferated. However, legally, detectives are limited to specific activities such as confirming the whereabouts of missing children and adolescents, proxy collection of publicly available information like real estate registry documents, verifying the authenticity of resumes and contracts with the consent of the recruitment target or transaction counterpart, and locating stolen, lost, or hidden assets. Evidence collected through so-called detective agencies for use in trials is practically ineffective and may even backfire. Collecting evidence in civil and criminal cases is a legal act, and anyone other than a lawyer handling it is subject to punishment.
According to the Korea Research Institute for Vocational Education & Training's Private Qualification Center, as of December last year, there are currently 106 private certifications using the detective title, increasing to 125 if certifications using the term "private investigator" are included. The industry estimates that including part-time detectives, the number of people engaged in detective work nationwide reaches about 10,000. However, there is no government survey or oversight, leaving this sector in a blind spot.
◆"Evidence Collection Costs 2.9 Million KRW per Week"=Most clients seeking companies known as Heungsinso aim to collect evidence of infidelity by spouses or lovers. Although adultery was removed from criminal penalties following the abolition of the adultery law, it remains a clear ground for divorce under civil law. Therefore, clients often file civil lawsuits against the adulterer and then seek Heungsinso services to collect evidence.
When this publication inquired at one such company about an infidelity background check, the cost for collecting evidence over one week was quoted at 2.9 million KRW. The payment method involves a 2.4 million KRW advance and an additional 500,000 KRW after the work is completed. An employee at a Heungsinso company explained, "Usually, one week of surveillance is enough to get answers," adding, "Since this is a critical issue for maintaining the family, most clients do not pay much attention to the cost."
◆Legislative Action 'Stopped'=It has been nearly three years since the term "detective" was allowed for use in Korea, but no legislation to regulate it has been passed, leaving a legal vacuum. The "Detective Business Management Act" bills, each introduced by Lee Myung-soo and Yoon Jae-ok of the People Power Party in 2020, were only discussed once in the National Assembly's Public Administration and Security Committee in February the following year, with no further progress. This is why detective agencies are proliferating indiscriminately.
The bills aimed to clearly define the scope of detective work through legislation and prevent indiscriminate invasions of privacy, but without formal codification, there are effectively no regulations. In response, last month, Democratic Party lawmaker Hwang Unha introduced a bill to establish the "Certified Detective Business Management Act." The main points include ▲national certification of certified detective qualifications ▲operation of a certified detective qualification system committee under the Commissioner of the National Police Agency ▲location tracking of missing persons and lost children, confirmation of stolen or lost assets, protection of clients' rights ▲supervision and guidance of certified detectives by the National Police Agency Commissioner, and authority to request necessary measures, aligning with previous proposals.
Lawmaker Hwang stated, "Legal grounds for detective businesses are necessary to eradicate illegal investigative activities by the proliferating detective and errand centers."
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