수사기관의 금융거래 추적 수사와 영장주의의 예외

As the global financial market has been rapidly developed, financial crimes have also been increased high-rocketly. To respond effectively this situation, it is urgently needed to establish a reasonable measures and procedures of investigation into financial crimes. An Investigation into Financial Records is an essential factor in investigation of financial crimes. However, when the law enforcement would take steps to investigate these crimes, it is necessary to take a warrant from judicial magistrate according to the "Act on Real Name Financial Transactions and Guarantee of Secrecy", enacted to regulate an old fashioned financial market system. This requirement of warrant shall make the law enforcement's investigation into financial crimes inefficient, because the Investigation into Financial Records is so complicate and extensive that it takes lots of time to perform this investigation. This paper starts with the recognition of this practical problem. This paper shall go further to discuss the legal nature of the Investigation into Financial Records, the cases concerned with this investigation, and the statutes of other nations related to this investigation. Based on these discussions, this paper shall recommend some improvement measures which should increase not only the efficiency of the investigation but also the privacy protection from random investigations about the financial records. This paper shall also review that the recommendations should be applied to each step of criminal investigations in real practice especially an application of search and seizure warrant and an enforcement of the warrant. This paper could be a conner stone to review the compromising and balancing explanation of the two values : the privacy protection and the efficient investigation into the financial crimes.