組織犯罪의 實態와 對策에 관한 硏究 : 組織暴力犯罪를 中心으로 = (The)organized cirme and its countermeasures

다국어 초록 (Multilingual Abstract)

Donald R. Cressey, an American criminal sociologist, argued in his book, `Theft of the Nation,' that the organized crime was a public enemy of the country because it spoiled the fundamental of politics and economics in the long run.
Organized violences hold on their lives persistently and thrivingly, if one of their head is got rid of, then the other is replaced in its place, like the Hydra killed by Heracules in the Greek myth. Hydra is a monster with 9 heads which one is cut and then the other springs up immediately.
They use their violence not only in the normal life of ordinary people but also in anywhere and anytime if there exists concession. Thus it seems that violence makes a society much more violent and results in the routinization of violence.
For this reason, in the 1980s, Government launched a large scale crack down on criminals as the measure of social purification drive policy. In the 1990s, Government declared a war against crime and arrested many members of organized violence group. During this period the strength of violence was somewhat demolished.
Organized crimes, however, have become worse recently because many crimals imprisoned in the 1990s were released from the jail and they have become easier to take an action in the unstable society under IMF crisis system.
Furthermore, the new Government prompted democratic environment which encourage the free articulation of various social groups' opinion. In addition, there were lots of international events and sports games like 2002 World Cup, entailing various amusement and entertainment.
Organized criminals consider this situation as the most suitable. As a consequence, the number of violence organizations has increased up to 194 units with 4,052 members throughout the country at the end of June, 2002.
Recently they have grown up as social organizations with enormous fund and personnels, as large as threatening basic social order.
Reflecting such a situation, at a questioning session against the Government in the field of social affairs at the National Assembly, an Assemblyman of the major opposition party, Grand National Party, lamented deeply and worried about the future of the nation, saying that "our country is now under the control of the organization violence" with reference to the social phenomena that "organization violence has recently been the most frequent word to search in the computer internet."
In the course of censuring the Government, there was a request from the National Assemblyman for their personal secure guard because blackmail letters were delivered to those who took part in the investigation of power corruptions.
In connection with this situation, the Times reported recently Korean organizational criminals as an international news.
Under such pressure, inner circle of the ruling party also strongly requested the Government to wipe out the organized violence extensively.
President Kim Dae-jung also emphasized, at the 18th graduation ceremony of the police academy on October 16. 2001 that "another very urgent problem is a criminal of organized violence. The National Police should try best to eradicate their roots in order that people may live in place free from anxieties."
Notwithstanding the fact that criminal investigation authorities, police and prosecutors, have so far done their best to crack down and to sweep them, the problem -of the organized violence has got worse and worse. It seems that the situation has come to the limit of great danger underlying the normal social life as terrible as the -top leadership of the country, the President himself ought to ask strong and, strict measures against them.
So far, they have persistently remodeled themselves into more cruel and globalized even in the form of Yakuja, Mafia and international model. They also advanced into professional, intellectual fields. They tried to assimilate with political power by means of disguising as legal legitimacy with an aim to build an influential social organizations. In this way, they have enlarged their domain of business and boundaries in many fields.
So far, the Government has done its best to eradicate them with a strong will. However they have survived and grown as a challenging forces threatening ordinary social life as well as social security of the country. Why are the thriving and what's the obstacle barrier against sweeping out. Is it impossible to remove these obstacles and to build a peaceful world without any organized violence ?
It's required to review the existing mechanism of rules, criminal policies, working method based on the routine practices, and to readjust all things concerned with.
This dissertation is aimed to search for reasonable countermeasures on the various side with a deep sense between problem and reality.
In order to achieve this goal, in the first place, the status of organized violence and its situation in Korea were analyzed in chapter 2 together with examples of foreign laws in chapter3. It was checked about what's the major obstacle to prevent wiping out in chapter 4 and the comparison of working practices between Korea and foreign countries was made to find countermeasures in chapter 5.
I think that this study may provide useful and critical data with criminal inspectors, law making authorities, and Government authorities.
For the grand task to fight and eradicate organized violences, I hope that this study may contribute at least something. I think it will be a stepping stone to build a safe and healthy society without any organized criminals.

목차 (Table of Contents)

• 목차
• 第1章 序論 = 1
• 第1節 硏究目的 = 1
• 第2節 硏究範圍와 方法 = 6
• 第2章 組織犯罪의 槪念과 實態 = 9
• 第1節 組織犯罪의 槪念 = 9
• 1 다양한 견해 = 9
• 2 각국의 입장 = 10
• 3 우리나라의 경우 = 12
• 4 결어 = 13
• 第2節 組織犯罪의 構造와 運營 = 14
• 1 조직의 구조 = 15
• 2 조직의 운영 = 28
• 3 활동형태 = 32
• 4 조직원의 생활상 = 38
• 第3節 組織犯罪의 實態 = 38
• 1 연도별 현황 = 39
• 2 조직원 분석 = 42
• 3 조직 간부(행동대장급 이상)분석 = 45
• 4 조직범죄의 검거현황 = 49
• 第4節 組織犯罪의 最近動向 = 53
• 1 활동영역의 확대 = 53
• 2 광역화·국제화 = 56
• 3 사회세력화 = 58
• 4 흉포화·야쿠자화 = 59
• 第3章 組織犯罪에 대한 各國의 對應 = 64
• 第1節 外國의 動向 = 64
• 1 영국 = 64
• 2 미국 = 70
• 3 이탈리아 = 80
• 4 독일 = 85
• 5 프랑스 = 95
• 6 일본 = 102
• 7 홍콩 = 121
• 8 대만 = 125
• 第2節 우리나라 = 129
• 1 형법 = 129
• 2 폭력행위등처벌에관한법률 = 130
• 3 특정범죄가중처벌등에관한법률 = 130
• 4 특정강력범죄의처벌에관한특례법 = 130
• 5 특정금융거래정보의보고및이용등에관한법률 = 131
• 6 범죄수익은닉의규제및처벌에관한법률 = 131
• 7 통신비밀보호법 = 131
• 8 상법 = 132
• 第3節 國際的 對應 = 132
• 1 UN 결의문 = 133
• 2 UN의 기본전략 = 135
• 3 구체적 대응 노력 = 136
• 第4章 組織犯罪 對處上의 問題點 = 140
• 第1節 統合的 規制法의 未備 = 140
• 第2節 弛緩된 社會雰圍氣 = 142
• 1 민주화에 따른 치안수요의 증가 = 142
• 2 사회적 무관심 = 143
• 3 폭력예찬 풍토 = 144
• 4 법경시 풍조 = 145
• 第3節 組織犯罪 檢擧 및 處罰上의 問題 = 146
• 1 조직범죄 검거 = 146
• 2 조직범죄 구증 = 147
• 3 조직범죄 처벌 = 148
• 第4節 搜査體制의 非效率性 = 151
• 1 수사체제의 현실태 = 151
• 2 현수사체제의 문제점 = 152
• 第5節 不完全한 證人保護 = 156
• 1 증인보호의 필요 = 156
• 2 증인보호의 실태 = 158
• 3 증인보호의 문제점 = 163
• 第6節 組織員 規制上의 問題 = 166
• 1 동향관찰의 근거미비 = 167
• 2 사후규제의 곤란 = 168
• 第7節 組織 規制의 問題 = 171
• 1 조직 자체에 대한 제재의 어려움 = 171
• 2 핵심 참모의 처벌 곤란 = 172
• 第8節 組織資金封鎖의 問題 = 172
• 1 자금원 봉쇄의 필요 = 172
• 2 자금원의 실태 = 173
• 3 자금원 봉쇄의 어려움 = 175
• 第9節 庇護勢力의 亂舞 = 179
• 1 비호세력 단죄의 필요 = 179
• 2 비호실태 = 180
• 3 비호세력 근절의 어려움 = 183
• 第10節 銃器 武裝의 問題 = 185
• 第11節 矯正處遇의 非效果性 = 187
• 1 교정처우의 실태 = 188
• 2 교정처우의 문제점 = 191
• 第12節 組織犯罪 豫備群의 增加 = 193
• 1 잠재적 조직범죄군의 실태 = 193
• 2 조직원이 되는 과정 = 196
• 3 10대 폭력배 근절상의 문제점 = 197
• 第13節 暴力組織의 國際連帶 = 200
• 1 국제연대 실태 = 201
• 2 공조 저해요인 = 209
• 第5章 組織犯罪의 效率的 對處方案 = 213
• 第1節 組織粉碎 努力 = 214
• 1 집중 반복단속 = 214
• 2 서식환경 근절 = 224
• 3 수사체제의 개선 = 227
• 4 폭력조직의 규제강구 = 254
• 5 조직자체의 처벌 = 263
• 6 조직범죄추방운동 전개 = 265
• 第2節 證人保護 徹底 = 269
• 1 증인보호의 강화 = 270
• 2 증인보호 프로그램의 다양화 = 273
• 3 제도 개선 = 277
• 第3節 資金源 封鎖 = 280
• 1 각종 자금원의 단속강화 = 282
• 2 세무당국의 엄정과세 = 284
• 3 행정처분의 철저 = 285
• 4 제도보완 = 286
• 第4節 庇護勢力 嚴斷 = 288
• 1 관련 지도층의 자각 = 288
• 2 비호세력 척결활동 = 289
• 第5節 嚴正한 銃器管理 = 292
• 1 불법총기 적발의 강화 = 293
• 2 불법유통차단 = 296
• 3 가칭 '총기류대책위원회' 추진 = 298
• 4 가칭 '총기범죄특별법' 제정 = 299
• 第6節 矯正處遇의 內實化 = 301
• 1 전담처우시설의 운영 = 302
• 2 교정대책 = 303
• 3 출소대책 = 307
• 第7節 10代 暴力輩의 善導와 團速 = 308
• 1 비행청소년 선도 = 309
• 2 불량서클의 단속과 와해 = 315
• 3 가칭 '학교폭력방지특별법' 제정 = 319
• 第8節 共助의 活性化 = 321
• 1 국내공조의 극대화 = 322
• 2 국제협력의 강화 = 325
• 第9節 組織犯罪에 대한 綜合的 規制立法 = 332
• 1 가칭 '조직범죄규제법' 제정 = 333
• 2 주요 내용 = 334
• 第6章 結論 = 342
• 參考文獻 = 348
• ABSTRACT = 358