학술논문

외국인 조직범죄 수사의 개선방안 제고 연구
A Study on Improving Measures of Organized Crime Investigation for Foreigners
Document Type
Article
Text
Source
시큐리티 연구, 09/30/2020, Vol. 64, p. 189-224
Subject
외국인 범죄
조직범죄
수사
조직범죄 수사
Foreigners
Organized Crimes
Criminal Investigation
Foreign crime organizations
Language
Korean
ISSN
2671-4299
Abstract
Organized crimes by foreigners generally has characteristics such as organization, specialization, globalization, mobilization, intelligence, etc., as well as the hierarchical order and internal discipline of organized crime within criminal organizations, disguised the source of funds for illegal proceeds, violence, and so on. At the same time, it has characteristics including the pursuit of monopolization of criminal business and fostering of non-hosts. In addition, the limitations of foreign organized crime investigation include difficulty in verbal communication, in verifying whereabouts, in identification, and in arresting and collecting evidence. Thus, the current study attempts to provide several practical implications which allow criminal investigators to effectively investigate such crimes and to improve investigative strategy and tactics. Based on comprehensive review of prior study, the current study suggest nine practical implications for organized crime investigation for foreigners. First, it is necessary for foreigners to have the device of providing the linguistic assistance to understand the criminal procedure and to assure the professional investigator with the language skill. Second, special measures are needed to curb and break up overcrowding in areas where foreigners are concentrated, to establish a specialized international investigation system, to respond strictly to violent crimes, and to strengthen legal education for foreigners. Third, it is necessary to make effort to revise the current regulations for sting operation and to develop the specialized investigation techniques to improve the efficiency for foreign organized crime. Fourth, any illegal financial activities of foreign crime organizations has to be interrupted in order to prevent such organized crimes. Fifth, it is necessary to make an active use of personal identification information such as fingerprint or iris recognition and to complement the identification and precision of foreign crime organization. Sixth, when fleeing abroad, a cooperative system with foreign law enforcement agencies should be closely established to receive extradition domestically and punish them in accordance with domestic laws, and those who are not forcibly departed after the crime should be continuously monitored and managed through a “foreign criminal database”. Seventh, it is necessary to lead the cooperation of foreign criminals whistleblowers by introducing the ‘indemnity conditional testimony acquisition system’, and whistleblowers have dual status(witnesses, criminals), so measures such as re-socialization and surveillance should be discussed together. Eighth, it is necessary to strengthen information exchange and cooperative investigation with domestic and foreign drug enforcement agencies, such as overlooking the organization behind them through close cooperation between the police and customs. Finally, it is necessary to form the Permanent Consultation Body to construct the information exchange and investigation cooperation system between each related institutions and take measures against the foreigner's organized crime.