우리나라에서는 1988년 12월에 채택된 ‘마약및향정신성약물의불법거래방지에관한유엔협약(Unaited Nations Convention against Illicit Traffics in Narcotic Drugs and Psychotropic Substances)’에 의거하여 ‘마약류불법거래방지에관한특례법’ 및 ‘범죄수익은닉의규제및처벌 등에관한법률’이 시행됨에 따라, 특히 약물범죄 및 조직범죄, 자금세탁범죄의 대책으로서 새로운 유형의 몰수?추징제도가 도입되었다. 우리나라 ‘범죄수익규제법’의 입법목적이 ‘특정범죄와 관련된 범죄수익의 몰수 및 추징에 관한 특례를 규정함으로써 특정범죄를 조장하는 경제적 요인을 근원적으로 제거하여’ 건전한 사회질서유지기능을 충실히 하려는 것이라는 점을 감안할 때, 자금세탁방지법규의 몰수제도에 의해 몰수 내지는 추징한 재산의 효과적인 운용을 통하여 법집행기관이 의욕을 가지고 자금세탁방지업무를 수행할 수 있도록 강구함과 동시에 법무부, 재경부 금융정보분석원, 기획예산처, 식품의약품안전청 등 제 관련기관의 제 활동을 위한 재원을 확보할 수 있는 법적 근거를 마련할 필요가 있다 할 것이다. 따라서 이 논문은 각국의 제도와 운용실태를 비교?분석하여 우리나라에 적합한 몰수자산 운용방안을 모색함으로써 효과적인 몰수자산 운용제도에 관한 도입방안을 도출하고자 하였다.
In December 1988, the UN resolved the bills on illicit traffics in narcotic drugs and psychotropic substances in order that illegal profits from drugs and money laundry could not be the sources or motives to commit irregularities any more. This implies the needs of ban on all kinds of benefits from crimes in justice systems. Korea just came to recognize the necessity of controls on these issues and made specific statutes related on drugs and psychotropic substances. Before these efforts, however, seizure and forfeiture exit only in korean criminal law. So. illegal properties could be hided and kept anywhere despite of judgement of conviction. As shown above, UN Convention is not simply a 'declaration' but a 'manifestation of justified enforcement' on the illegal properties through crimes to prevent the narcotic crimes, organized crimes, money laundry, and became a big issue all around the world. We can easily understand why many a criminal would like to seek the financial benefits in spite of strict regulations about crimes, and, sometimes it is successful in reality, if we look around the genuine motives, 'properties'. Profits from crimes, e.g. narcotic crimes, organized crimes, money laundry and so on, can be used easily not only to keep and enrich the criminal syndicate, but to make themselves legal economic bodies, to avoid the chase of investigation authorities, to invest the legal business or illegal business. Issues concerning crimes and money have been discussed in terms of criminal justice policy. But we cannot end the connections yet. First, to remove the involvement of illegal money and crime, it is needed strongly that all crimes should not pay any more and all criminals can not even imagine the properties from above crimes. Second, fair distribution of benefits and burdens should be restored. The FATF advises with 40 recommendations that all the nation should seize and forfeit properties from money laundry, profits from money laundry, instruments which is used money laundry or will be used, or same benefits to these properties, should legislate the same as UN Conventions, and should establish the 'Asset Forfeiture Fund' which is going to be used to law enforcement, health, education and proper purposes. And these advices of FATF also provide that concrete or abstract properties from crimes and modification of these properties or increase of these properties should be seized and be used as a fund for suppression, protection, rehabilitation with seized properties and their profits. Korea has a seizure and forfeiture system from the crimes and regulations on criminal profits, illegal properties, but considerable amount of profits belongs straight to national treasury and profits can be useless to prevent the above crimes, nevertheless the UN Convention and the FATF, because of lack of disposition of the statutes. In US, 'The Comprehensive Forfeiture Act of 1984' approve the criminal profits from drug crimes and the use of drug investigation agency and FBI through civil forfeiture, and that the department of justice can establish the Fund and use the Fund for seizure and forfeiture, the cost of investigation, the cost of execution(the cost of criminal case, therapy for addict of drugs, protection and rehabilitation, the cost of prison construction). Therefore, the focus of this study is to analyze the forfeiture systems regarding the criminal justice and to reflect on the limit under current legal systems and to consider necessity of the UN Convention at the same time. This study will also deliberate the statutes of other countries, U.S., Canada, Australia, U.K., Thailand and their system of practice, to reckon the possibility of introduction of asset forfeiture system in korean justice system.