Legal Culture
Detective agencies that solve problems for individuals and companies can be considered extremely important allies. However, the result of any case is always the courtroom, and if the evidence is not accepted, even the most meticulously prepared materials will be useless.
The legal systems and scope of evidence admissibility in South Korea and the United States can produce different results even for the same evidence. Just as learning Spanish requires understanding both grammar and cultural nuances, the legal systems of South Korea and the United States must also be examined in both cultural and legal contexts.
Scope of Evidence Admissibility (Korea)
The profession of detective has only recently become legal in South Korea. Some regulations were established in 2020, and the concept of private investigation is taking root, although there are still many legal restrictions.
Evidence admissible in court
In order for evidence collected by detectives to be admissible in court, the following conditions must be met.
- Legal evidence collection procedures
- We will not violate personal information protection, communication secrecy protection, laws, etc.
- Submission of formal documents collected through a lawyer or legal expert
In detective investigations involving extramarital affairs or adultery, it must be determined that the evidence collected does not constitute an invasion of privacy, and there must be no illegal acts such as unauthorized wiretapping or GPS use. Such evidence is not only legally valid but also crucial to winning the case.
Scope of Evidence Admissibility (United States)
Unlike South Korea, the United States has a well-established professional system of detective agencies. A licensing system has been established for related industries, and legally registered detective agencies can be authorized as assistants in the collection of legal evidence.
The range of evidence accepted in court is broad.
Detective evidence is often used in US courts. Please check the following points.
- Legally collected photos and video footage
- Interview and statement records
- Recover data through forensics
- Missing Persons Tracking Report
In the United States, procedural fairness is emphasized in South Korean detective law is very sensitive to illegality. Therefore, even if evidence is collected, it can only be used within a very narrow scope, whereas in the United States, if you have a license, you can collect evidence very broadly, and the court trusts it. mining the admissibility of evidence. If evidence is collected legally, it can be very powerful in court.
Differences between the United States and South Korea
South Korean detective law is very sensitive to illegality. Therefore, even if evidence is collected, it can only be used within a very narrow scope, whereas in the United States, if you have a license, you can collect evidence very broadly, and the court trusts it.www.진주흥신소.com
In addition, South Korea, which has strict privacy laws, has strong laws against invasion of privacy, but the United States places great emphasis on the legality and validity of consent, so personal information collection is sometimes accepted as evidence. For example, data such as forensics is commonly used as evidence in US courts, but in South Korea, if illegal activities are involved in the collection process, the evidence loses its validity.
Use of Korean detectives
- Evidence must be collected within the bounds of legality.
- Submitting materials in conjunction with a lawyer or law firm increases credibility.
- Hiring a private investigator for illegal purposes can backfire.
Use of American detectives
- Each detective has a licensing system in place, so please confirm that they are a formally registered PI agency before requesting their services.
- If the evidence collection process is legal, it can be adopted as strong evidence in court.
- When working with a lawyer, it is easier to develop a legal strategy.
In South Korea, it is recognized to a limited extent, but in the United States, it can be considered strong evidence. This can be seen as similar to how a single American word can have completely different meanings in Spain and the United States, and it is important to understand that understanding the entire context is the key to reaching the truth. Just as one must understand the grammar and cultural background of a country in order to use its language, when understanding the evidence collected by a detective in court, one must consider not only the evidence itself but also the differences in laws and culture between countries.
Conclusion
As can be seen from the above, there are differences between South Korea and the United States in terms of the scope of recognition in court. South Korea has limited recognition with a focus on legal procedures and personal information protection, while the United States has broad recognition based on a licensing system.
Therefore, if you use a detective agency in both the United States and South Korea, it is wise to understand and approach the legal differences between the two countries. This will not only help resolve the case but also lead to victory in legal matters.
Sometimes the work of uncovering the truth can be arduous, but in the end, it can bring a sense of peace, like the rest you feel when traveling.