범죄수익 환수를 위한 몰수·추징과 소급입법 금지 원칙

The trend has been recognized that the sphere of asset forfeiture is enlarging in our law system. The issue of ‘Ex Post Facto’ has been raised along with it. It is worthy to recognize the necessity to analyze the nature of asset forfeiture of the proceed of crime. It's a key to figure out the legal attribute of it. In the U.S legal system, understanding the nature of the forfeiture is firstly carried out when considered in the area of ‘Ex Post Factor’ and ‘Double Jeopardy’. My opinion is that we should focus on the importance of analysis of the nature of the forfeiture. It can lead us to the conclusion that we should reform the clause of forfeiture of Criminal Law and uniform laws related to asset forfeiture. And it can give us the clue to introduce the non-conviction based forfeiture such as civil forfeiture to our legal system. We’re careful to see the position of the Supreme Court and the Constitutional Court about the nature of the asset forfeiture. The direction of reform should be harmonized with the whole legal system regarding the asset forfeiture we have maintained.