한국의 외국인 조직범죄 통제방안 - 수사체계의 개선방안을 중심으로 -

Abstract

The rapid globalization, opening of borders and regional bloc formation have expanded structure and activity scopes of organized crimes both home and abroad, which result in serious consequences. The recent surge in foreign population and consequential growth in organized crimes committed by foreign residents are emerging issues in Korea. However, the overall system addressing foreigner organized crimes is not sufficient: not even the concept of foreigner organized crime is defined clearly yet, not to speak of official statistics. In addition, functions of investigation are dispersed throughout several bodies including police, prosecution and the National Intelligence Agency instead of being accumulated into a single system. General public’s awareness is not sufficient either. Against this backdrop, in this paper I analyzed the current status and characteristics of organized crimes committed by foreign residents in Korea as well as Korean legislations that address this field of issue. Based on the analysis, I propose measures for effective control of foreigner organized crimes, in particular for enhancing investigation structure. First, it is necessary to proactively research on the actual condition of foreigner organized crimes in Korea. Second, I suggest modifying legislations related to a) protection and immunity of victims and witnesses; b) immigration; and c) cooperation with foreign investigation agencies. Third, effectiveness of investigation can be raised by introducing specialized investigative units in regional levels, recruiting professional labor force such as special investigative agents and support groups, as well as promoting a cooperation system among investigative agencies.