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논문 기본 정보
- 자료유형
- 연구보고서
- 저자정보
- 발행연도
- 2005.12
- 수록면
- 11 - 237 (229page)
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Not only punishment and guidance of criminals but detection, freezing and forfeit of funds behind crimes were also required to prevent crimes and to destroy criminal syndicate and to break off circulating axis of crimes.
The crime created illegal fund to let criminals and criminal syndicate make efforts to convert illegal funds into legal funds that was circulation of illegal funds. This paper examined direct control converting illegal funds into legal funds that is called ‘Money Laundering Control System’. Therefore, to control money laundering effectively, money laundering of all of the crimes that could produce economic or financial profits should be defined to be crimes and to punish them. This paper suggested in following five methods. ① To expand scope of punishment of money laundering crimes; ② To expand scope of predicate offences of money laundering; ③ To alleviate requirements to evidence subjective construction; ④ To apply the law of control of proceeds from criminal activities to foreign criminals at overseas; ⑤ To reinforce corporation criminal responsibility.
To fight against crimes, all profits produced by crimes should be returned to the society, so that ‘A Forfeit System of Proceeds from Criminal Activities’ should be adopted to deprive all of the properties and benefits that were produced for crimes, through crimes and in relation to crimes. Therefore, ‘Principles of Complete Forfeit of Proceeds from Criminal Activities’ should be established that there will be no exception when forfeiting proceeds from criminal activities. The study suggested ① including money laundry crime into predicate offences, ② including properties as well as rights and interests into the scope of forfeit target, ③ supplementary collection of mixed properties, etc.
Money laundering was forced to make through financial institutions, lawyers, legitimate organizations and their employees that were demanded to play roles not as helpers of criminals but as detectors of illegal fund by putting financial systems in good order. ‘The Financial Transaction Report System’ had such problems to have four kinds of obligations, for instance, suspicious transaction report, currency transaction report, customers due diligence and record keeping, etc. This paper suggested concrete methods: ① Remove unnecessary regulations of suspicious transaction report; ② Promote voluntary suspicious transaction report to escape responsibility of report in good faith and pay incentive; ③ Establish automatic report system of certain amount of currency transaction; ④ Expand scope of Currency transaction report; ⑤ Make casino, non-banking companies and human resource managers to have obligations regarding financial transaction report; ⑥ Introduce customer due diligence more reinforced than the current system in Korea; ⑦ Have obligation to keep identification data.
Recommendations of the Financial Action Task Force on Money Laundering (FATF) included those contents: However, the legislation in USA, Germany and Japan varied depending upon situation and features of each country. The USA that took the lead in money laundering could satisfy most of the areas of the FATF recommendations or had stronger regulations. On the other hand, Germany and Japan that adopted money laundering system later could not satisfy the FATF recommendations effectively, and in particular Japan had a formal and unsubstantial legislation. However, these three countries were thought to have wider and stronger illegal money detection system than Korea had: Therefore, Korea was demanded to upgrade the law of control of proceeds from criminal activities, the law of specific financial transaction report and others as good as associated laws and regulations of Germany and Japan.
The USA and other powerful countries tended to take passive actions at international cooperation because of close relations with interest of each country. This paper suggested to put associated regulations carefully in good order to get international cooperation not by domestic laws but by treaty and agreement.
This paper was aimed at ‘system’ of illegal fund detection to set up ‘frame’ of illegal fund detection from macroscopic point of view and to make correction.
The crime created illegal fund to let criminals and criminal syndicate make efforts to convert illegal funds into legal funds that was circulation of illegal funds. This paper examined direct control converting illegal funds into legal funds that is called ‘Money Laundering Control System’. Therefore, to control money laundering effectively, money laundering of all of the crimes that could produce economic or financial profits should be defined to be crimes and to punish them. This paper suggested in following five methods. ① To expand scope of punishment of money laundering crimes; ② To expand scope of predicate offences of money laundering; ③ To alleviate requirements to evidence subjective construction; ④ To apply the law of control of proceeds from criminal activities to foreign criminals at overseas; ⑤ To reinforce corporation criminal responsibility.
To fight against crimes, all profits produced by crimes should be returned to the society, so that ‘A Forfeit System of Proceeds from Criminal Activities’ should be adopted to deprive all of the properties and benefits that were produced for crimes, through crimes and in relation to crimes. Therefore, ‘Principles of Complete Forfeit of Proceeds from Criminal Activities’ should be established that there will be no exception when forfeiting proceeds from criminal activities. The study suggested ① including money laundry crime into predicate offences, ② including properties as well as rights and interests into the scope of forfeit target, ③ supplementary collection of mixed properties, etc.
Money laundering was forced to make through financial institutions, lawyers, legitimate organizations and their employees that were demanded to play roles not as helpers of criminals but as detectors of illegal fund by putting financial systems in good order. ‘The Financial Transaction Report System’ had such problems to have four kinds of obligations, for instance, suspicious transaction report, currency transaction report, customers due diligence and record keeping, etc. This paper suggested concrete methods: ① Remove unnecessary regulations of suspicious transaction report; ② Promote voluntary suspicious transaction report to escape responsibility of report in good faith and pay incentive; ③ Establish automatic report system of certain amount of currency transaction; ④ Expand scope of Currency transaction report; ⑤ Make casino, non-banking companies and human resource managers to have obligations regarding financial transaction report; ⑥ Introduce customer due diligence more reinforced than the current system in Korea; ⑦ Have obligation to keep identification data.
Recommendations of the Financial Action Task Force on Money Laundering (FATF) included those contents: However, the legislation in USA, Germany and Japan varied depending upon situation and features of each country. The USA that took the lead in money laundering could satisfy most of the areas of the FATF recommendations or had stronger regulations. On the other hand, Germany and Japan that adopted money laundering system later could not satisfy the FATF recommendations effectively, and in particular Japan had a formal and unsubstantial legislation. However, these three countries were thought to have wider and stronger illegal money detection system than Korea had: Therefore, Korea was demanded to upgrade the law of control of proceeds from criminal activities, the law of specific financial transaction report and others as good as associated laws and regulations of Germany and Japan.
The USA and other powerful countries tended to take passive actions at international cooperation because of close relations with interest of each country. This paper suggested to put associated regulations carefully in good order to get international cooperation not by domestic laws but by treaty and agreement.
This paper was aimed at ‘system’ of illegal fund detection to set up ‘frame’ of illegal fund detection from macroscopic point of view and to make correction.
목차
국문요약
제1장 서론
제2장 불법자금추적에 관한 국제적 표준
제3장 우리나라의 불법자금추적체계 분석
제4장 주요국가의 불법자금추적체계 분석
제5장 우리나라 불법자금추적체계의 개선방안
제6장 결론
참고문헌
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UCI(KEPA) : I410-ECN-0101-2012-364-003839436