조직범죄에 대한 현행 입법대책과 개선방향 = The present legislative countermeasure against the organized crime and the improvement in Korea

다국어 초록 (Multilingual Abstract)

For the last 50 years, the organized crime has been embossed as one of the most serious social problems in Korea. Lately, organized crime groups transfigure their system to more industrialized form with ample funds, similar to that of the Mafia. Furthermore, in accordance with the internationalization, Korea is becoming one of the transnational organized crime group`s line. It is apparent that we have to clash not only domestic organized crime groups but also international ones. From this point of view, I`ll consider that what is the present legislative countermeasure against the organized crime and how this can be improved in this writing. The sequence about the subject is as follows : Chap 1. Introduction Chap 2. The concept and characteristics of organized crime Chap 3. The legislative illustration against organized crime in America and German Chap 4. The present legislative countermeasure against organized crime and how this can be improved (1) Indirect legislative countermeasure in past (2) Wire interception for the purpose of criminal investigation (3) Confiscation of unlawful gains and prevention of money laundering (4) Protection of witness, immunity of accomplice witness and whistle- blowing system (5) Specific investigation(infiltration, entrapment) (6) Countermeasure for the international cooperation of criminal case Chap 5. Conclusion Korea has various laws against organized crime. For example, `Criminal law` inflicts punishment on the criminal organization, `The punishment law for an act of violence` and `The aggravated punishment law for specific crime` inflict aggravated punishment(the leader of crime group is subject to death, life in prison or over 10 years of hard labor). `The control and punishment for unlawful gains` punishes the money laundering and confiscates the unlawful gains. `Reporting law of the information and use of specific capital` establishes Financial Intelligence Unit. `Witness protection law` and `Prevention of corruption law` protect the witness and whistle- lower and reduce sentence for crime reporter(similar to the case of accomplice witness). To solve the problems of transnational organized crime, Korea needs to conclude treaties concerning international cooperation of criminal case and extradition over the boundaries. Besides, though the needs for specific investigation(like infiltration and entrapment) is pressing, there is no legal basis in Korean law. This should be examined immediately. However, there is no doubt that only the incorruptible politicians who didn`t imbued with organized crime, the honest citizen who have sound morals can make the solid palisade from organized crime.