韓國의 組織犯罪 實態와 그 對應方案에 關한 硏究 = (A) study on reality and countermeasures of the organized crime in Korean

다국어 초록 (Multilingual Abstract)

In Korea, organized crime used to be regarded as organised violence crime. Organized crime has been one of the major social problems in Korea. The purpose of this study is to find reasonable a counterplot against organized crime in Korea.
Organized crime has thus become a world phenomenon. In Europe, in Asia, in Africa and in America, the forces of darkness are at work and no society is spared....
To its traditional spheres of activity such as prostitution, the anus trade and trafficking in drugs, organised crime has now added money-laundering, the trade in nuclear technology and human organs, and the transporting of illegal immigrants...
Organized crime undermines the very foundations of the democratic order. organized crime poisons the business climate, corrupts political leaders and undermines human rights... Within societies, the triumph of organized crime is, more often than not, accompanied by a weakening of law and sometimes even by a return to the law of the jungle...
So, at this stage Korean Government should devote considerable attention on the phenomenon, characteristics, and implications of organized crime.
In this research, the organized crime can be defined as a crime activity by organized group and the organized crime have connotation, organizations, organized activities.
Since most organized crime goes unseen, the full extent of the political, social and economic threat it represents becomes apparent only slowly. organized crime have some different criteria than the traditional crime.
For instance, a hierarchical inner structure, welfare care and remuneration of members, and on the other side of the coin, penalties for disobedience, use of violence against competitors, victims and the law officers, laundering of profits from criminal activities and so on.
organized crime is not yet a serious problem in korea but demands on the necessity to meet the organized crime more actively which has the tendence of getting mafia-type organized crimes.
But to counter the increase of organized crimes, training of criminal justice personnel and enforcement of related authorities for effective mutual assistance in criminal matters or investigation of organized crimes based on legal and regulatory measures.
Today's organized crimes threaten the safety of korean society rose as a problem that could not be solved by only criminal justice systems. Harmony of "the law of regulation of organized crimes", criminal justice systems and citizen's cooperation is the most important method cope with organized crimes. police officers need the help of citizens and a judical and political system. Some of the special problems police officers when dealing with organized crimes are the lack of citizen's cooperation, the code of ethics of organized crime members, which prevents them from giving information and the tremendous wealth, power, and organization behind them and the corruption of other police officers, politicians, judges, and corrections officers.
So citizen"s voluntary cooperation and active participation in combatting the organized crime are very important.
And the education of law enforcement officers and the improvement of investigation techniques such as computerized information system, undercover operation, informant, agent provocateur, electronic surveillance, and etc. Particularly, electronic surveillance is intercepts private conversations, greate care is taken to ensure a right to privacy. Also undercover operation technique is to be conducted carefully consideration to the risk of personal injury to individuals, property damage, financial loss to persons or business, invasion of privacy or interference with privileged or confidential relationships.
In addition, protecting witnesses program is very important to deal with organized crime such as providing temporary housing for the witness, and providing subsistence payments to the witness to become self-supporting, relocations, plea bargaining, immunity and so on.
The organized crime can not longer be trickled successfully using traditional police investigative methods. By legislation of the organized crime control act and money laundering, improve the investigative technique and perfect witness safety guard program and rationalized correctional systems are necessary cope with the organized crime.

목차 (Table of Contents)

• 目次 = ⅰ
• 第1章 序論 = 1
• 第1節 硏究의 目的 = 1
• 第2節 硏究의 範圍 및 方法 = 5
• 1. 硏究의 範圍 = 5
• 2. 硏究의 方法 = 8
• 第2章 組織犯罪에 關한 一般論的인 考察 = 10
• 第1節 組織犯罪의 定義 및 特性 = 10
• 1. 組織犯罪의 定義 = 10
• 2. 組織犯罪의 特性 = 15
• 第2節 組織犯罪의 活動領域 = 22
• 1. 武器類 密去來 = 22
• 2. 痲藥類 密去來 = 24
• 3. 賭博 · 賣春 · 人身賣買 = 28
• 4. 資金洗濯 = 30
• 5. 信用카드關聯 犯罪 및 테러 = 32
• 第3節 主要國家의 組織犯罪 = 35
• 1. 美國 = 35
• 2. 日本 = 42
• 3. 獨逸 = 46
• 4. 中國 = 49
• 第4節 國際社會의 組織犯罪 規制戰略 = 51
• 1. 犯罪收益 剝奪 = 52
• 2. 國際協力 强化 = 54
• 3. 低開發國에 對한 支援 = 55
• 4. 人權條項의 彈力的 適用 = 56
• 第3章 韓國의 組織犯罪 實態 및 對應上 問題點 = 58
• 第1節 組織犯罪의 實態 = 58
• 1. 構造 및 運營 = 64
• 2. 活動領域 = 70
• 3. 新種犯罪에의 領域擴大 = 78
• 4. 外國의 朝織犯罪와의 連繫 = 80
• 5. 韓國의 組織犯罪 特徵 = 83
• 第2節 現行 組織犯罪의 對應上 問題點 = 85
• 1. 法 · 制度的 裝置의 未備 = 85
• 2. 搜査體制의 非效率性 = 96
• 3. 證人保護制度의 限界性 = 122
• 4. 行刑의 非科學性 = 132
• 第4章 組織犯罪의 對應方案 = 147
• 第1節 法 · 制度的 裝置의 整備 = 147
• 1. 綜合的인 組織犯罪 規制法規 制定 = 147
• 2. 資金源遮斷 制度補完 = 148
• 第2節 搜査體制의 效率化 = 151
• 1. 搜査體制의 整備 = 151
• 2. 資料檢索시스템 改善 = 155
• 3. 潛入搜査의 制限的 導入 = 157
• 4. 陷穽搜査의 部分的 許容 = 161
• 5. 監聽制度의 補完 = 163
• 第3節 證人保護制度의 改善 = 165
• 1. 刑事節次上 證人保護의 强化 = 165
• 2. 多樣한 證人保護프로그램의 活用 = 166
• 第4節 行刑의 個別化 및 社會化 = 168
• 1. 分類 및 處遇의 個別化 = 168
• 2. 社會內 行刑 프로그램의 擴大 = 171
• 第5章 結論 = 176
• 參考文獻 = 182
• ABSTRACT = 196