The Crime Profit Concealment Control Act, the Special Act on the Confiscation of Illegal Political Funds, and the Special Act on the Confiscation of Corrupt Property : Focusing on the cases and articles related to these special laws

범죄수익은닉규제법, 불법정치자금몰수특례법, 부패재산의몰수특례법 - 해당 특별법 관련판례 및 조문을 중심으로

In the Cho Hee-pal case, about 120 billion won worth of criminal proceeds, such as Cho Hee-pal, discovered during the 2008 investigation, was concealed or consumed by unjustified holders for about six years without being provided to recover victims' damages due to the lack of a state return system and complex civil disputes between many stakeholders. In addition, crimes in which criminal organizations and terrorist organizations raise funds in the form of “virtual assets” by taking advantage of the relatively difficult tracking of virtual assets are increasing rapidly. Therefore, special laws have been enacted to respond efficiently to these crimes. This paper focuses on introducing Korea's Special Act on the Confiscation of Illegal Political Funds, the Special Act on the Confiscation of Corrupt Property, and the Crime Profit Concealment Control Act, and discusses some major issues related to it. Under the current law, the return of criminal proceeds on third-party property shall be governed by the Act on the Regulation and Punishment of Crime Profit Concealment, the Special Act on the Prevention of Illegal Drug Transactions, the Special Act on the Confiscation and Recovery of Corrupt Property, the Special Act on the Crimes of Public Officials, and the Special Act on the Confiscation of Illegal Political Funds. While there are civil and administrative confiscation in the United States, Korea, unlike the United States, only criminal confiscation and collection, and five special laws, including the Criminal Law and the Crime Profit Concealment Control Act, stipulate this. These five special laws include the Confiscation Special Act on Civil Service Crimes, the Special Act on the Prevention of Illegal Drug Transactions, the Crime Profit Concealment Control Act, the Special Act on Confiscation of Illegal Political Funds, and the Special Act on Confiscation and Recovery of Corrupt Property.