자금세탁수사에서 형사사법공조의 문제점과 개선방안―한·중·일을 중심으로―

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. 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. 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. 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.