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논문 기본 정보
- 자료유형
- 연구보고서
- 저자정보
- 발행연도
- 2004.12
- 수록면
- 11 - 172 (163page)
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초록· 키워드
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For the last 50 years the organized crime has been emphasized as one of the greatest social predicament in our country. Especially at the present time, organized crime groups have congealed to take on a more industrialized, monetarily focused form, similar to that of the Mafia. Also, in accordance with the present trend of internationalization has resulted in foreign organized crime groups to set foot upon our land. It is apparent that we have now to face not only domestic but international organized crime groups. With this in mind, this writing’s purpose is to observe the current legislative measures and how this can be reformed for the better.
The Korean government pronounced “war against crime and violence” in 1990 and has made every efforts to eradicate organized crime since then. But recently the problem of organized crime attracts an enormous attention of the public again. In order to succeed in controlling organized crime, the government has to develope diverse countermeasures such as increased penalty, rigid enforcement of regulations and so on. The act of constituting or joining an association that aims to commit a crime shall be punished with the same penalty as an aimed crime(Criminal Act §114①). But it is very difficult to get an information about criminal organization without testimony of inner members of such a group.
In the criminal justice practice, the prosecutor may provide informal immunity through an agreement whereby the witness agrees to testify in exchange for a promise of non-prosecution(Criminal Procedure Act §247 ①). But the validity of promise between the prosecutor and the witness could not be admitted by the court.
It is suggested in this article to enact an immunity statute that grants the witness protection only against the admission of his/her immunized testimony and its derivatives in evidence in a subsequent prosecution. The fidelity to the government based on statutory immunity and foreseeability of sentencing might be a great temptation for a member of organized crime to step into law-abiding citizen's way.
Our country has many laws against organized crime specifically. For example, the punishment of the criminal group organization by ‘Criminal Law’, the excessive punishment by ‘Punitive Law pertaining to Use of Violence’(the leader of crime group is subject to death, life in prison or over 10 years of hard labor) and ‘Additional Punitive Law taken against Certain Crimes’, the punishment of the money laundry and the confiscation of illegal earnings by ‘Confiscation Laws and Punitive Measures’, the establishment of Financial Intelligence Unit by ‘Reporting Law of the Information and Use of Specified Capital’, the witness and insider informant protection, reduced sentence for crime reporters(similar to the accomplice witness immunity law) by ‘Witness Protection Law’ and ‘Corruption Prevention Law’. And in order to solve the problem of internationally organized crime, our country needs to establish international treaties concerning criminal justice assistance and delivery of criminals over international boundaries. Though the need for disguised investigators (infiltrated investigations) is paramount, there is no law that supports this in the Korean law. This should be changed immediately. However, there is no doubt that only the dominance of virtuous politicians, ethical civil service workers, conscientious citizens in our society is the only clear-cut way that will root out organized crime.
The Korean government pronounced “war against crime and violence” in 1990 and has made every efforts to eradicate organized crime since then. But recently the problem of organized crime attracts an enormous attention of the public again. In order to succeed in controlling organized crime, the government has to develope diverse countermeasures such as increased penalty, rigid enforcement of regulations and so on. The act of constituting or joining an association that aims to commit a crime shall be punished with the same penalty as an aimed crime(Criminal Act §114①). But it is very difficult to get an information about criminal organization without testimony of inner members of such a group.
In the criminal justice practice, the prosecutor may provide informal immunity through an agreement whereby the witness agrees to testify in exchange for a promise of non-prosecution(Criminal Procedure Act §247 ①). But the validity of promise between the prosecutor and the witness could not be admitted by the court.
It is suggested in this article to enact an immunity statute that grants the witness protection only against the admission of his/her immunized testimony and its derivatives in evidence in a subsequent prosecution. The fidelity to the government based on statutory immunity and foreseeability of sentencing might be a great temptation for a member of organized crime to step into law-abiding citizen's way.
Our country has many laws against organized crime specifically. For example, the punishment of the criminal group organization by ‘Criminal Law’, the excessive punishment by ‘Punitive Law pertaining to Use of Violence’(the leader of crime group is subject to death, life in prison or over 10 years of hard labor) and ‘Additional Punitive Law taken against Certain Crimes’, the punishment of the money laundry and the confiscation of illegal earnings by ‘Confiscation Laws and Punitive Measures’, the establishment of Financial Intelligence Unit by ‘Reporting Law of the Information and Use of Specified Capital’, the witness and insider informant protection, reduced sentence for crime reporters(similar to the accomplice witness immunity law) by ‘Witness Protection Law’ and ‘Corruption Prevention Law’. And in order to solve the problem of internationally organized crime, our country needs to establish international treaties concerning criminal justice assistance and delivery of criminals over international boundaries. Though the need for disguised investigators (infiltrated investigations) is paramount, there is no law that supports this in the Korean law. This should be changed immediately. However, there is no doubt that only the dominance of virtuous politicians, ethical civil service workers, conscientious citizens in our society is the only clear-cut way that will root out organized crime.
목차
국문요약
제1장 서론
제2장 조직범죄의 정의 및 특징
제3장 조직범죄의 활동양상의 변화 및 그 실태
제4장 외국의 조직범죄 양상변화와 대응방안
제5장 결론
참고문헌
영문요약
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UCI(KEPA) : I410-ECN-0101-2012-364-003834779