추징 집행에 있어 민사상 집행수단에 대한 실무적 검토

It is difficult to enforce additional collection to third person except criminal. But in a regard of enforce completion, additional collection comes into the picture recently. Along with execution means of Criminal Law and Act on Regulation and Punishment of Criminal Proceeds Concealment, it should make the best use of Civil Law’s compulsory execution like a preservative measure, provisional attachment, attachment, subrogation action by creditor, collecting action. and it should be gone ahead of understanding and figuring out civil case and civil execution. In this Study, from a practical perspective, I deal with subjection that restriction in chasing property descended from proceeds of crime and review some problems that specifying amount of seizure when investigator enforce a preservative measure to third person’s property like bank account and preparation for litigation of third party’s objection, performance for illegal cause when nation use criminal’s right substitutingly in title registration under a third party’s name, enforcement inherited property preserved in relation to scope of additional collection enforcement. And sequentially I studied method of subrogation action by creditor, collecting action, enforcement under third party’s deposit of preserved property. If possible, I concentrated on practical problem that investigator can encounter in applying Civil Law procedure around job affairs and I anticipated it invigorating the field of chasing concealed proceeds of crime by expanding Prosecution investigator’s concern and arranging them functionally.