不法收益沒收制度의 刑事法的 硏究

A study on Confiscation of the Proceeds of Crime in Criminal Law The Organized crime is not only a problem that certain countries are having but a major problem that all nations have to deal with. But effective extermination in such crimes can't be achieved by the existing criminal sanction, so we should introduce new criminal sanction. That is why it is studied to find counter plans to defeat the organized crime including not only just as domestic issues but international problems. In all nations, international organizations and international institutes have built close cooperations and discussed and tried to find solutions to face the organized crime with effect. The organized crime could gain a huge amount of criminal proceeds and they use them as means of another offense again, it makes a so-called vicious circle. So the confiscation system has been newly drawn attention, it has been regards as a effective device in eradication of crime. In order to reach the purpose of this research I look into the definition of organized crime, major factor, and particularity of their system and actual conditions and international regulation approved by the U. N. based on study of criminology and criminal policy. Also the aim of this study is that I analyzes actual condition of confiscation in Korea and try to introduce appropriate and effective solutions to it. Further to introduction, the proper punishment for crime can be effective legal sanction against crime. most of motivation of the organized crime is to gain economic proceeds, so I assume the confiscation system to be its good effect and necessary sanction in criminal policy.