우리나라 무역기반 자금세탁(TBML)에 대한 효율적 대응방안에 관한 연구

Abstract

The concept of money laundering can be found when it is linked with the prerequisite crime which produces criminal proceed. In other words, it can be defined as the process of disguising the criminal proceed from the prerequisite crimes as the legitimate profit. As money laundering shows some typical criminal characteristics such that it is a transnational, organized and white collar crime and is also linked with the prerequisite crime, it triggers a variety of problems and ends up to the huge damages of a state.

Until 2006, the international organization such as FATF had put more concerns about money laundering related with bank and cash smuggling than trade based money laundering(TBML). Recently more money launders begin to create new ways by taking advantages of extended free trade measurements such as FTA. Rapid increase of global trade gives them more and better chances to hide away and disguise their crime proceeds as normal trade. The related international organizations such as FATF ask every country to cooperate with each other and prepare the countermeasure to prevent this kind of money laundering from taking place.

This study aims at 3 major points. The first one is to clear what TBML is. The second is to clarify the relations between international trade and TBML. And, the last one is to suggest the solutions to relinquish, minimize and crack down the TBML. So to speak, useful counter measures should be suggested by finding out the core problem, considering the situation where TBML has far-reached influences on countries all over the world through the globalization. Especially, much attentions should be paid to evaluate our country's counter measure objectively by reviewing the foreign money laundering cases.

Because TBML is always involved in crimes and most of the related activities are concealed or only the tip of iceberg are revealed, it requires the special personnel who is right at home on the mechanism of international trade and financial system and also well-designed organizations.

Unfortunately up to now Korean government lacks the recognition of TBML, which leads to inconsistent establishment of the related organization. For example, Korea Customs Service, Prosecutors' Office, National Police and Financial Intelligence Unit is working separately to crack down to TBML. Now Korean government get asked to rebuild up the comprehensive and unified system to protect the country's benefit from TBML by combinig international trade system with international finance and rearranging the related law system and the related organizations. And also the international cooperation system should be prepared to reduce TBML in an efficient way.