북한 자금세탁방지 법제의 개선방안

Abstract

This study aims to combine the anti-money laundering laws of the two Koreas to understand the trends of North Korea’s anti-money laundering law, compare North Korea’s law with South Korea’s law and international standards, and suggest improvement measures. As a result of reviewing North Korea’s anti-money laundering legislation, (ⅰ) the scope of the regulation is broad and the type of target transaction is not classified or specified, leaving too much room for arbitrary judgment by the authorities, (ⅱ) the trader is not obligated to trade under his real name, (ⅲ) the regulatory standards related to the reporting system are unclear and the reporting deadline seems insufficient to ensure the integrity of the report content, (ⅳ) due to the nature of finance as a tool of governance, the predicate offense of money laundering is somewhat biased. In addition, as a result of simulating the results of mutual evaluation of South Korea based on the FATF’s evaluation criteria, it was determined that North Korea’s anti-money laundering legislation is likely to be evaluated as the lowest in all areas centered on terrorism. Therefore, this study suggests that (ⅰ) North Korea shall enhance the legal legitimacy of money laundering-related legislation by adding patterns of money laundering activities to the purpose of North Korea’s current anti-money laundering law and specifying the types of money laundering activities, (ⅱ) regardless of who the trader is, the trader must deal with the reporting authority with his identity and the law shall impose sanctions such as criminal punishment on the trader for violating it to curb money laundering that may be exceptionally permitted for governance purposes, (ⅲ) the reporting system shall be improved by clearly defining the criteria for mass transactions to be reported and revising the reporting deadline for suspicious transactions within 7 days from the date of discovery and within 2 days from the date of decision by the reporting manager of the agency, (ⅳ) North Korea shall eliminate the bias of predicate offences by promoting the market economy and promoting political freedom, as an improvement plan propsed along with the relevant legislation draft.