‘조직폭력’ ‘폭력조직’ 및 '범죄단체' 개념의 재음미

Abstract

Tracing back to the origin of the meaning, the word, gang, that is, “Ggangpae(a group of gangsters)” does not implicate a single sort of people and can be divided into some small groups, such as ‘Geondal’ and ‘Yangachi’. At present, in their numbers, Yangachis who are willing to do any dirty job merely for profits prevail over Geondals who sound romantic and attractive. Like this, ‘Geondal’ and ‘Yangchi’ seem to have same meaning in some aspects, but in fact, these two terms are strictly distinguished in their world. In the same context, when we see a movie or drama, the word “ChoPok(Organized violence)” is so often heard of. Despite the fact that the term ‘organized violence’ or ‘a violent organization’ is frequently used, it is difficult to find the clear definition of these terms, which have been always mixed in use. In a judicial precedent, the term for a criminal group has been used as a representative compressed concept of organized violence and a violent organization, but the concept of a criminal group is not a legal definition. As a review of Article 261 of Criminal Act and Article 3 of Punishment of Violences, etc. Act, through a precedent and in relation to organized violence concept under a present legislative system, both terms can be understood as a kind of a special violence act, but the more importance seems to be placed on the word of ‘organized’ that violence, because Punishment of Violences, etc. Act contains the will to strongly punish by directly stating ‘power of an organization or group.’ Therefore, it is deemed that the expression, ‘organized violence,’ is more suitable than a violent organization. In the Article 114 of Criminal Act, it is used as a title of an organization of a criminal group, and in the Article 4 of Punishment of Violences, etc. Act, it is used as a title of composition･activity of group, etc, but the criminal group mostly used in a precedent is mixed for use as composition･activity crime of group, etc. of Punishment of Violences, etc. Act, so clear proposal on that was considered to be required. As a result, if the Article 114 of the Criminal Act is premised as comprehensive regulation not only on a crime by organized violence but on a criminal group that a criminal group committing organized crimes requires punishment of criminal politically, the present title should be amended, and instead, if the Article 4 of Punishment of Violence, etc. the Act includes a strong will to severely punish a crime of committing organized violence and is presumed that such a crime should be punished, the tile of composition･activity of group, etc is desirable to be changed into that of composition･activity of a (organized violence) criminal group. Furthermore, for an organized-violence criminal case to be acknowledged as a criminal group as referred to in the Paragraph 1, the Article 114 of Criminal Act, so to speak, to incorporate an organized-violence case, through exclusion under a special law, into Criminal Act, composition requirement must be provided in detail and it would be necessary to solve a criminal case legislatively by devising punishment according to the shared role of respective members of the organization.