중국 관련 범죄의 현황과 효율적인 한중 형사사법공조 방안

The Present State of Crimes related with China and The Effective Methods for MACM between Korea and China

Due to geographical closeness, Korea and China have been interrelated to regional politics and economics throughout the history. In recent years, business and cultural exchange between two countries have been growing and resulted in an influx of Chinese to Korea. A number of Chinese involved in crimes has been increasing, and more than half of the crimes committed by foreigners in Korea are committed by Chinese. A recent increase in organized crimes by Chinese has become a problem. To establish cooperation in combating crimes, Korea has signed the Mutual Assistance in Criminal Matters (MACM) treaty with China in November, 1998. However, Korea has been encountered many problems in cooperation in combating crimes with China. For example, between 2001 and 2006, Korea had made 46 requests to China for mutual assistance, whereas received only 3 requests by China. Less cooperation for MACA may be due to institutional and practical barrier between two countries. To improve the effectiveness of judicial assistance and to facilitate its procedures between two countries, we suggest following: relaxation of Principle of Double Criminality; regular meetings; amendment in legal system; renewal of MACM treaty by including Supreme People s Procuratorate of the PRC in the Chinese Central Authorities; and MACM treaty among Korea, China and Japan.