The P.I. law is pending in Korea
* Investigative Business is
still not legalized yet in Korea until the Private Detective Law
is passed.
Currently, legislative division of Congress already
prepared the Private Detective Law, but has not yet discussed it
in the
review committee in Congress.
Without the
Private Detective Law, some of the PI activities are prohibited
such as using a title "TAMJUNG"(Korean language of Private
Investigator) and investigate or locate
individual person without authorized by entity.
* P.I. activity is very limited in Korea.
For more information about P.I. related Law
are below.
Fact
about Private Investigation
According to Korean law,
Private Investigations is very much limited. Even
using the title,
Private Investigator, is prohibited.
Based on our
research, three P.I. activities are prohibited, specified
by
"Financial
Information Business Law" as
follow .
By the way, there are 100
s of
self claimed P.I. that are practicing illegally in Korea.
They
don't just violate a P.I. related
law, some of them even commit serious crimes such as wiretapping,
coercion etc.
That is the one of the main reason that Dept. of
Justice protest to legalize the Private Detective business.
They
are commonly called "Sim Bu Rum Center", originally
permitted [Messenger Service].
As we explained, there are no license system
and/or legalized yet in Korea.
We had opened a branch office in Korea but pulled out, also most of other foreign investigation agency include Pinkerton Agency due to Korean Law.
Law
related Private Investigation
The Supreme Court decision of appeal
case that registered to Tax Agency as
P.I. to do business
was explained illegal in 1994.
"Supreme court explained that it
could not be excused if the specific activities are prohibited by
"Financial
Information Business Law".
Even if the defendant believed that P.I. business
was legal, because it was researched that P.I. business
was listed on the business bureau of government agency,
and confirmed with government officers that P.I. business
is not listed to be required a registeration or to get
permission under the general business law and the Tax
Agency allowed him to register as a Private Detective
Business."
100s of P.I were prosecuted in the
last several years because they violated several other
laws such as Privacy Law etc.
One of P.I. was sentenced
because he used the title, Private Investigator.
This Court judgement was reported by The newspaper "Korea
Times" on 3/22/2000.
Seoul District Criminal
Court, Eastern branch, issued an order to be sentenced
1-year in jail and 2 years probation.
Applied law
was Korean Public Law. # 5378, sec. 26 of 5 & 6
Here are the Laws mentioned about
P.I. work.
Korean Public Law. # 5378, sec. 26
of Article 5 & 6
So called "Financial
Information Protection Law"
already existed in 1978
and was updated 1/21/2000.
Sec 26.
Article 5 : nobody
is allowed to investigate a private life or locate individuals
unless permitted
by other law.
Article.6 : nobody is
allowed
to use a title "Private Investigator", "Intelligent
Agent" or
Similar meaning title.
Even if they do not violate
the above law, they cannot accept any fees or any values for
services.
It is a violation of the Attorney Practice
Law.
Services for fees are illegal brokering unless
permitted by other law.
Brokering is an act of
lawyer in Korea. It is a felony crime.
The Lawyer
is the most protected profession in Korea.
But Korean Government does not enforce
that law unless it becomes a
serious social problem
or a formal complaint was filed.
Most of P.I operate a business underground
without offices.
There are few foreign detective
agencies that operate under name of consulting firm in Korea.
We
believe they do not accept a domestic or personal investigation.
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