형사제재로서 몰수와 추징에 관한 제안－ ‘몰수추징면탈죄’의 도입 논의를 중심으로 －

Forfeiture and confiscation exist as criminal sanction to collect all kinds of proceeds of crime. They are dealt by dual legal system under Korean Criminal Acts: criminal law as a general act and various special acts. Criminal Law clearly states that forfeiture comes under the pecuniary criminal punishment category. Confiscation should also be treated as de facto criminal punishment because it is just an alternative form that is applicable when criminal objects are impossible to be forfeited. Because forfeiture and confiscation have essential attributes as criminal punishment, laws dealing with them should accord with fundamental constitutional rules such as principle of presumption of innocence and principle of prohibition against double-jeopardy. This article suggests to legislate a Criminal Law provision called “evasion of forfeiture- confiscation crime” that would facilitate the government to punish a criminal who evades the nation’s enforcement of collection related law. And it also provides several other methods to support the effective performance of the provision.