As criminals are abusing our financial system in every possible way, it is essential for investigation agencies to access financial intelligence, as a lead and an evidence of investigation, in a timely manner. In this sense, role of KoFIU which assemb...
As criminals are abusing our financial system in every possible way, it is essential for investigation agencies to access financial intelligence, as a lead and an evidence of investigation, in a timely manner. In this sense, role of KoFIU which assembles, analyzes financial intelligence and disseminates it to investigation agencies is continuously increasing.
This study finds out that the system of KoFIU lacks thorough analyses of financial information due to the lack of expertise in its analysis derived from its malfunction of analysis system. More critically, the prosecutor dispatched from Prosecution's office as Chief of Information Analysis Coordination Division of KoFIU has the exclusive authority on financial intelligence decision making. This brings unequal distribution of financial intelligence which would not only impair political neutrality and independence of KoFIU, but also possibly expand the power of Prosecution's office excessively.
This study analyzes the mission and role of KoFIU and researches on its problems in Part n. Then, Part analyzes the financial intelligence analysis system of Financial Crimes Enforcement Network(hereinafter, FINCEN) of United States, particularly on its information sharing mechanism with investigation agencies which had been intensified by PATRIOT ACT since 9/11. Considering that two countries have different cultural backgrounds, legal systems and, especially, the United States strengthened its authority to collect information on national security after 9/11 terror, superficial comparison between the institutions, KoFIU and FINCEN, has inherent limitation. Accordingly, This study concentrates its analysis and comparison on professionalism, political independence and information sharing system as an effective supporter of investigation agencies and suggests feasible reform of KoFIU.