범죄수익 몰수·추징제도의 문제점과 개선방안

Abstract

The confiscation of proceeds of crime deprives criminal offenders of all properties directly or indirectly earned by criminal activities to return it to national treasury, and gives order of payment of the values being equivalent to proceeds of crime when all or a part of the confiscation of them is impossible. Since the 1970s the United States, United kingdom, Germany, Japan and other countries started to introduce confiscation of the proceeds of crime and criminal collection system to control drug offense as well as organizational crimes that were committed to get economic benefits. The drug offense and organizational crime were committed not in one country but in multiple countries beyond borders to require international cooperation for control of those crimes. In 1988, United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances was made to strengthen international cooperation for control of drug offense as well as organizational crimes, and in 1990, Financing Action Task Force on Money Laundering 40 Recommendation was made to control not only organizational crimes but also serious crimes for economic benefits. Those international conventions asked member states to do: introduction of confiscation of the proceeds of crime and additional collection system that were earned by crimes, and introduction of the system that could inspect, detect, confiscate and seize them. The Korean Government enacted "An Act on Special Cases of Confiscation on Crimes of Government Officials", "An Act on Special Cases of Illicit Traffic in Narcotic Drugs and Psychotropic Substances", "An Act on Regulations and Punishment against Concealment of Proceeds of Crime", "An Act on Special Cases of Confiscation on Illegal Political Fund" and "An Act on Special Cases of Confiscation and Recovery of Corruption Properties". However, these related laws were introduced in the last before 20 years, in practice to even now the uses of confiscation or criminal collection system are not active, because of the problem of conflict in applicable laws and lack of effective regulations. In order to solve these problems, the subject matters of confiscation of proceeds in crime and of criminal collection should be integrated by the unification of related laws. In addition, We need to foster the effectiveness in enforcing confiscation of proceeds of crime and criminal collection by revising "An Act on Special Cases of Confiscation on Crimes of Government Officials 2013" to expand the subject matters of criminal collection, by producing prosecutor's constraint disposition, and by introducing punishment of imprisonment. Keyword : the Proceeds of Crime, Confiscation of the Proceeds of Crime, Additional Collectionof the Proceeds of Crime, Confiscation, Forfeiture, Additional Collection