자금세탁방지의무와 변호사의 비밀유지 의무를조화하기 위한 입법적 고찰

With recent movement of financial authorities to impose the duty of Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT) upon the Designated Non-Financial Business and Professions (DNFBPs), this article has addressed the lawyers’ duty of confidentiality under the Lawyers Act and the Korean Bar Association Code of Professional Conduct in connection with the legal professionals’ duty to AML/CFT. In case that the current ‘Act on Reporting and Use Certain Financial Transaction Information (ARUFT)’ is to be revised to impose on the legal professionals the duty of AML/CFT, the followings are proposed in the view that such revision of ARUFT will be doubtlessly argued as the possibility of its unconstitutionality: 1) that the legal professionals’ duty to AML/ CFT shall be applied only to a designated financial or real estate activities; 2) that the concept of confidential or secrets of lawyers to be protected and not to be disclosed under professional secrecy shall be clarified; 3) that a greater threshold of “suspicion’ shall be necessary;and 5) that lawyers may be allowed to carry out their STR to the Korean Bar Association. Along with the revision of ARUFT, Attorney-Client Privilege is strongly recommended to be legislated.