북한 자금세척 및 테로자금지원반대법에 관한 고찰: FATF 이행입법과 관련하여

Abstract

This study focuses on the Anti-Money Laundering and Counter-Terrorism Financing Act as a critical legal instrument in the Democratic People’s Republic of Korea (DPRK) for addressing cybercrime-related financial offenses. North Korea has been conducting extensive cyberattacks targeting U.S. government agencies, defense contractors, financial institutions, and private corporations, as illustrated by a U.S. Department of Justice indictment in February 2021, which charged three North Korean military intelligence hackers. These cyber operations aimed to steal over $1.3 billion and obtain sensitive information, primarily to secure funds for the regime’s nuclear weapons development and state maintenance. The stolen assets are laundered through financial systems, ultimately funding illicit activities, including missile development. The Anti-Money Laundering and Counter-Terrorism Financing Act in North Korean law establishes penalties for money laundering and terrorism financing, indicating its potential role as an effective tool for sanctions enforcement. While North Korea’s legal framework often suffers from vagueness and the risk of arbitrary judicial interpretation, the law represents an effort to align with international sanctions, such as the Financial Action Task Force’s decisions to close North Korean financial institutions. This study provides a normative analysis of the law, assessing its effectiveness in countering money laundering and recommending improvements in the enforcement of financial regulations within the DPRK. By analyzing the legislative intent and application of this law, the research aims to highlight North Korea’s efforts in adjusting its legal framework to international standards and to evaluate the challenges that remain in ensuring the law’s effective implementation.