資金洗濯에 관한 韓?中?日의 刑事司法的 硏究

Abstract

Globalism in economy and society that has been rapidly progressed in 1990s makes international movement of people, things, money and information easy based on progress of information and communication technology and development of vehicles centering on the Internet service. However, it caused crimes internationalized. Currently, delivery of weapons or drugs and conspiracy with foreigners including departure and arrival of criminals become easier. The profits obtained through crimes are quickly moved beyond the national boundaries and laundered. Korea and China, Japan which have kept good security conditions for such a long time have a new face of crimes according to changing social conditions of globalism. In Particular, money Laundering is getting serious along with liberation of capital movement. Money Laundering which is called as the dark side of economical globalization is becoming a serious threat by making national financial and banking system confused. As seen in many profit - oriented crime, one of the main motives that criminals venture to commit crimes is to obtain financial profit through illegal crimes. Actually, with globalism of each area in our society, crimes are densely organized to search for more profit and the area of activity is getting expanded internationally. Huge amount of illegal profits obtained through crimes are disguised as legal through a process of money laundering and become management fund of criminal groups or a source of new crimes. In addition, money laundering produces new crimes and as well incorporates illegal profit into legal economy, which have many bad influences on society such as obstruction economic activities and distorting economical order. Thus, as money laundering is transnational, to overcome it, we need international cooperation. So, active efforts for international balance are progressing in each country. Such movement is based on the recognition that only countermeasures of specific countries do not make a great contribution to elimination of the problem. Criminals will find out countries or areas whose regulations are weak and commit crimes with a use of weak system as a loophole. Or they may use such places as a safe haven to conceal illegal profits or use them as a refuse. In that meaning, as a countermeasure against current crimes based on transnational or no-boundary, a problem, " how safe haven or refuges can be eliminated in the world" is suggested as an important strategy. Korea, to cope with the international and national demands against money laundering such as restriction of criminal profits, enacted the criminal profit secretion restriction and punishment law and the specific business information report and use law in 2001, and established Korea Financial Intelligence Unit. Foreign institutions have great influences on the process of its legislation. However, as Korea and China, Japan had low social recognition on necessity of money laundering prevention and as well and showed negative attitude to the legislative process, money laundering system has not exercised its function fully yet and produced many problems. Therefore, this study is to look out a future task centering on comparison of Korean legal system with Chinese, Japanese on money laundering system that is recognized as the most effective means to demonstrate the proposition of criminal policy as follows: Crimes do not pay. This study aims at presenting future lookout by analysing current problems in money laundering in Korea and Japan and intends to use bibliographical research effectively. Therefore, it collects various data on money laundering, organized crimes, drug crimes, terrorism, seizure system, which will be actively used to obtain the purpose of the study. Organized crimes, drug crimes and terrorism that are derived from money laundering are transnational and characteristic, which is the worst problem in criminal law system worldwide. The seizure system which is designed to deprive of high profits obtained through such recognition, this study is to make a comparative analysis targeting all the bibliographies that are available such as theses and books on money laundering including current law systems of countries with the Continental Law System such as Germany and Swiss and AngloAmerican Law System. In particular, this study focuses on analysis on Korean and Chinese, Japanese countermeasures against money laundering and uses 40 recommendations of FATF which become a basic system to cope with money laundering worldwide as an analytical tool. Finally it is hoped that this study will be a small foundation to overcome problems of current law system on money laundering and speculate future tasks.