원문정보
WTO/ FTA 체제에서 민간조사업의 법적문제
초록
영어
As crimes have increased to an extent that the police cannot cope with, there have been continuous discussions for the introduction of Private Investigation (hereafter PI) in Korea. However, attempts to legislate for the introduction of PI have failed every time PI bills for the introduction of PI were proposed.
This was fundamentally because arguments both for and against the introduction of PI were sharply divided depending on the priorities.
However, regardless of those clash of views, an apparent need for the legislation of PI service has arisen. As Korea opens its service market to other countries through GATS and FTAs, currently existing domestic PI law has been found to be inconsistent with international agreements such as GATS and KOREA-US(KORUS) FTA. This paper found that the Act on Usage and Protection of Credit Information which regulates PI service is inconsistent with the Article 12.4(a)(i) and (iii) of KORUS FTA and the Article 7.11 and the Article 7.13 of KOREA-EU FTA. If Korea does not modify the existing laws and establish new laws in relation to PI, such inconsistencies could lead to international trade disputes which could amount to billions of dollars. In this regard, the passage of the PI bill is necessary.
목차
I. Introduction
II. Private Investigation service in Korea
1. Korea Legal System
2. The background of PI service in Korea
III. Positive effects and adverse effects for the introduction of PI service
1. Adverse effects
2. Positive effects
IV. The legal issues of Private Investigation in WTO and FTA
1. Korea-U.S. FTA
2. GATS
3. Chapter conclusion
V. Conclusion
References
【요약】
