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법학연구 第34卷 第2號.jpg
KCI등재 학술저널

탐정의 변호사법 제109조 제1호 위반문제에 관한 연구

This paper is study to improve problem of the principle of clarity, freedom of occupation, basic right to information of Attorney Act Article 109 (1) in relation to the fact-finding work of Private Detective. To this end, we reviewed the relationship between a Private detective's fact-finding work and paid legal work. And The problem of interpretation of ʻʻOther legal workʼʼ and the unconstitutionality of Attorney Act Article 109 (1) were analyzed through related theories, related laws, related precedents, related Constitutional Court decisions, and customary practices. Furthermore, in order to solve the problem of Attorney Act Article 109 (1), improvement measures such as ʻʻExpanding social discussionʼʼ and ʻʻEnactment of the Certified Private Detective Actʼʼ had presented. Bills must be enacted and amended in a way that protects the people's fundamental constitutional rights and does not violate the Constitution. If so, Attorney Act Article 109 (1) must be revised. And the Certified Private Detective Act can be said to be the subject of enactment.

Ⅰ. 서

Ⅱ. 구성요건 해석문제

Ⅲ. 관련 사례분석

Ⅳ. 위헌성 문제

Ⅴ. 개선방안

Ⅵ. 결론

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