비조약국 관련 초국경범죄에서 국제형사사법공조의 공백과 국내 대응모델 ― 국제형사사법공조법상 절차 설계와 전자증거 신속 확보를 중심으로 ― = Criminal Policy Responses to Foreigner-Related Crimes in the Absence of Bilateral Treaties -A Procedural Design Approach to International Mutual Legal Assistance-

다국어 초록 (Multilingual Abstract)

This study examines the structural limitations of responses to foreigner-related crimes in cases where no bilateral criminal justice treaties exist, and seeks to redefine criminal policy responses from the perspective of procedural design. Focusing on non-treaty cases, the paper analyzes recurring gaps in international mutual legal assistance (IMLA), particularly the lack of standardized procedures regarding request authority, processing stages, refusal criteria, and accountability mechanisms. Special attention is given to electronic evidence, where reliance on informal cooperation or ad hoc practices in the name of speed often undermines due process and procedural control.
By comparatively analyzing the procedural standards presented in the UNODC Manual on Mutual Legal Assistance and the Second Additional Protocol to the Budapest Convention, this study derives design principles applicable to domestic legal systems. These principles include clarification of request authority and channels, standardization of request requirements and procedural steps, proportional control according to data types, institutionalization of record-keeping and post-review mechanisms, and the pre-arranged transition to alternative procedures in cases of delay or non-compliance. The study contributes to the literature by framing international cooperation in non-treaty cases not as an exceptional or discretionary practice, but as a rule-based procedural sequence grounded in criminal policy considerations.