Tried to Catch Evidence of Infidelity... Errand Centers and Heungsinso Are All 'Detectives'

Legalization of the Use of the Title 'Detective' in 2020
Detective Industry Workers and Clients Also Punished
Experts Say "Guidelines Must Be Established"

Although it has been four years since the use of the detective title was legalized, clients and the industry are still experiencing confusion. Detective agencies have sprung up like mushrooms, but since qualifications and scopes of activity are not legally defined, cases of punishment for charges such as stalking and instigation are increasing.

As of the 11th, there are currently 106 private certifications using the detective title listed at the Korea Research Institute for Vocational Education & Training's Private Qualification Center. Among these, only 11 had examinees or certificate holders as of last year. The detective industry is currently classified as a free business, allowing immediate operation as a general business entity upon registration. Looking at detective job postings on a job platform, the only qualification required is ownership of a personal vehicle. Another posting did not require any detective certification or related experience at all.

Ha Geum-seok, president of the Korea Certified Detective Association, stated, "Since 2020, detective certifications and associations have been created in a disorderly manner, leading to the over-issuance of qualifications. Many associations or organizations are labeled as such but are actually operated solo, so there is a need to establish mechanisms to verify offices or training centers to some extent."

Detective job posting on a part-time job platform. [Photo by Albamon screen capture]

Since August 5, 2020, the use of the detective title was legalized through amendments to the Credit Information Act, leading to the formalization of detective agencies, errand centers, and private investigation firms. However, even as detectives, the legally protected scope of activities is practically no different from that of ordinary citizens. Collecting evidence or tailing in ongoing investigations or trials can still result in punishment. In fact, on the 6th, a so-called entertainment detective who informed about the visits of husbands or boyfriends to prostitution establishments to about 2,000 female clients was sentenced to imprisonment. In July, a private detective and a client who were hired to find evidence of a spouse’s infidelity were punished for violating the Stalking Act and as instigators, respectively.

Experts have pointed out the need for supplementary legislation. Son Sang-chul, professor at Dankook University Graduate School of Public Administration and Law, said, "The use of the detective title by errand centers or private investigation firms lowers public trust and diminishes the professionalism of the detective industry. Concrete guidelines should be established through the introduction of a Detective Business Act that includes restrictions on private registration qualifications and mandatory subscription to business liability insurance."

Jung Soo-sang, president of the Korea Detective Federation, explained, "Within the scope of fact-finding that does not infringe on the investigative authority of law enforcement agencies, the legal protection of evidence collection by detectives should be guaranteed. Since the threshold for lawyers is high and there are blind spots due to limitations of state authority, measures need to be put in place for detectives to protect clients."