자금세탁방지제도에 대한 법적 검토

Abstract

The prevention of money laundering has became one of the critical issues nowadays with regard to transparency and virtuous cycle of economy, the prevention of crime, and the expansion of national budget. Therefore, the regulation stretches over various legal areas rather than belong to a specific legal area. Money laundering means the process of disguising the illegal origin of funds in order to make them appear legitimate. The regulation is mainly supported by the Special Finance Report Act and the Crime Profit Act. The Special Finance Report Act is implemented by the Customer Due Diligence Regulation, the Suspicious Transaction Report Regulation, and the Currency Transaction Report Regulation,and these regulations consist of the core of the Anti-Money Laundering Regulation. Meanwhile, the Crime Profit Act provides a legal ground in forfeiting profits from illegal activities. Also,workers of financial institutions and financial institutions are obligated to report to the authorities when he/she gets to be suspicious of accounts as profits of illegal activities. Money laundering can be divided into following types as what kinds of methods are used; Casinos, normal transaction of international trade and wire transfer, transactions among financial institutions, and alternative wire transfers. To cope with these types, the Special Finance Transaction Report defines Casinos as a financial institution, and requires them to report to the authorities. However, transaction reporting collides with individual's privacy. Hence, the Finance Information Analysis Institute gathered related data, and hand out the data to other authorities under strict conditions in an effort to harmonize public interests with individual's privacy. Meanwhile, there can be controversy on the Crime Profit Act whether it violates property rights as the act prescribes that the authorities can forfeit a crime profit. Hence, strict and accurate standards which define a crime profit are necessary. Financial institutions should make an effort to follow the regulation by running an inner control system or compliance system to prevent money laundering, and the Financial Supervisory Service should inspect and supervise the financial institutions. Today, there are many similarities among the anti-money laundering regulation of major countries. It is because nations in FATF-GAFI follow Recommendation 40+9 in making their system. However,there is a little difference by nations, and we have better refer to the scope of who should report to the authorities in America and the Europe. Authorities' continuing interests and efforts are necessary because types of money laundering will be diversified in the future.