국제범죄수사의 효율성 제고방안

• 영문명: The Method of Increasing the Efficiency of Investigating International Crimes
• 발행기관: 경희법학연구소
• 저자명: 김주덕(Kim, Choo-Deok)
• 간행물 정보: 『경희법학』제42권 제2호, 217~246쪽, 전체 30쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2007.06.30

영문 초록

International crimes are rapidly increasing and the MO(modus operandi) is being highly intelligent and scientific in modern society. However, the efforts of the international society to countermeasure against these crimes are still insufficient because of the barriers of borders, diversities in law and institutions, and differences in the understanding of the crimes. In relation to the investigation and trial of international crimes, there is a lack of treaties with foreign nations, and the status of the investigation coordination system has not been established firmly. The specialized investigation institutions are insufficient and the procedures of the case are being delayed. Common people also have little understanding of international crimes, and the aggressive attitude of investigation institutes is left to be desired. In the present circumstances, the government must establish and conduct systematic and overall countermeasures. Furthermore it has to identify the current actual conditions and problems and lay out a scheme to raise the efficiency and the fairness. Regarding the measures for raising the efficiency of investigating international crimes, the following are needed: ① to expand the investigation coordination treaty and establish a substantial investigation coordination system; ② to found a specialized investigation institution for nternational crimes; ③ to train investigation specialists for international crimes; ④ to conduct the introduction and implementation of the international criminal statutes quickly; ⑤ to encourage the positive attitude of coordination request; and ⑥ to establish the special investigation coordination system in the asian area. It is very important to get the trust from institutions administering justice such as investigation institutions including the judicature to coordinate with foreign nations efficiently. According to the general principles of international law that the extradition and investigation coordination should be rejected for the political crimes, the judicature s determination has a critical influence on international crime cases. The judicial decision should be objective and independent so as to persuade the relevant nation in the case where there is a clash of interests with it. The Seoul high court has the exclusive authority to determine the extradition procedure. Therefore, the judiciary has to do its best to secure the fairness in the judical procedure of international crimes. The investigation coordination with foreign nations must be advanced and most open minded. Persisting for our own advantage or insisting on a stance to protect our compatriots excessively will give the relevant nation a bad image i.e. one of closed mindedness and backwardness among the judical institutions.

목차

Ⅰ. 서 론

Ⅱ. 국제범죄수사에 관한 기본원칙

Ⅲ. 국제범죄수사 현황과 문제점

Ⅳ. 국제범죄수사의 효율성 제고

Ⅴ. 국제범죄재판의 공정성 담보

Ⅵ. 결 론

키워드

국제범죄 형사사법공조 범죄인인도 수사의 효율성 재판의 공정성 국제테러리즘 국제형사재판소 international crime mutual assistance in criminal matters extradition efficiency of investigation fairness of trial and judgment international terrorism international criminal court