한국의 조직범죄 발생 현황과 형사법적 개선방안

Traditionally, the organized crime debates were centered on violent criminal organizations and drug trafficking organizations at the regional and national levels. But in recent years, the face of organized crime has changed, and the threat is broader and more complex than ever. As relationships between criminal networks have become more flexible and active due to the development of transportation and communication technology, the organized crime has gradually become internationalized and intellectualized. Recognizing that the occurrence patterns and characteristics of the organized crime has changed according to the times, this paper analyzes the current trends about Korean organized crime focusing on violent criminal organizations and drug trafficking organizations. Meanwhile, international cooperation has required to find out countermeasures about transnational organized crime because individual countries' abilities to deal with such crime were circumscribed. Therefore, the General Assembly of the United Nations adopted the “United Nations Convention against Transnational Organized Crime(Organized Crime Convention)” in 15 November 2000 and its entry into force in 2003 also marked a historic commitment by the international community to counter organized crime. Korea signed the Organized Crime Convention and the two Protocols (on Trafficking in Persons, Smuggling of Migrants) in 13 December 2000 and signed the Protocols on Trafficking of Firearms in 4 October 2001. To implement the Organized Crime Convention through national legislation, Korea Government has enacted and revised the related statutes drastically. This paper reviews the current law regarding organized crime modified by the international standards and proposes the improvement method from the perspective of criminal law to control organized crimes more strategically and systematically.