국제형사사법공조의 주요 형식

Abstract

The Need for international mutual assistance in criminal matters has been increasing all over the world. To meet these increasing need more effectively, the Korean government enacted the Mutual Legal Assistance in Kriminal Matters Act in March 1991. Korea has, since 1988, negotiated and concluded extradition treaties and mutual legal assistance treaties with several countries such as United States, Canada, and Australia. The Korean governmenr intends to complete a network of such treaties with those countries with which it maintains close relations in the near future. And considering that a number of treaties regarding extradition and mutual assistance in criminal matters have already been signed and more treaties will be signed in the future. It is worth mentioning that various instruments of international mutual assistance in crime have partly divergent functions. In this way the importance attached to different traditional principles may vary when balancing goals and values against each other. Many new forms of criminal activity operate successfully only when they transcend national boundaries. It is therefore inappropriate for any one country to try to combat criminality alone. International mutual cooperation is needed through both multilateral and bilateral arrangement.