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The Transnational Organized Crimes in the Republic of Korea

Jung, Daepyo

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ABSTRACT

In this position paper, with definition and general overview of organized crime, various items have been mentioned. The section The status of organized crime in the Republic of Korea is explaining briefly the changes of the crime pattern, from 1960fs when organized crime was not a major social problem, to the new trend of these days forming alliances with other crime organization all around the world becoming the new threat to the society.

And in the section of Korean Governmentfs Measures against organized crime, strategies and Korean governmentfs many activities against organized crime are discussed in detail such as enacting and revising relevant laws and the devotion of Prosecutorsf Offices and the National Police eradicating organized crime during the past several years.

Also other efforts to widen the range and depth of international cooperation for more effective and proper countermeasures to Transnational Organized Crime were referred later. Mutual judicial assistance like extradition treaty and other mutual assistance on criminal matters are discussed. And the activities of ADLOMICO, training course on crime prevention and criminal justice hosted annually by Korean ministry of justice are mentioned as examples.

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1. Organized Transnational Crime in General (Definition of Organized Crime and Dangers posed by Organized Transnational Crime)

Organized crime usually means a series of crimes committed by a criminal group, systematically structured by class, seeking endless profit through illegal activities.

In the past, organized crime was not a major social problem between countries. But over the past decades, organized crime has grown dramatically along with economic development. Now, organized crime constitutes a threat to the internal security and stability of the country, thus making it a serious social problem. Furthermore, organized crime groups are forming new alliances all around the world.

As all of us are well aware, organized transnational crime has become a major concern facing the international community. This has come about through technological and economic development coupled with increasingly freer movement of people. Organized crime on a transnational scale tends to destabilize entire sectors of international activities. This, in turn, requires the concerted cooperation among countries.

Criminal organizations, especially transnational criminal organizations, engage in a variety of illicit activities. It would be impossible to comprehensively list all of them. Nevertheless, we can focus on some of them, which are particularly relevant and deserve major attention. The most troubling activities of transnational criminal organizations are drug trafficking, smuggling of illegal immigrants, arms trafficking, trafficking in nuclear materials, trafficking in women and children, trafficking in body parts, theft and smuggling of vehicles, money laundering, and so on.

At this stage, we fully agree that countries should carry out studies of the phenomenon, characteristics and implications of organized crime, and especially transnational organized crime. And I hope The Asia Crime Prevention Foundation will assist countries in this endeavor and organize comparative studies in order to assist the international community in evaluating the threat of criminal activity. The Republic of Korea will carry out studies of the phenomenon, characteristics and implications of organized crime in Korea, and will cooperate with the efforts of other countries.

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2. Organized crime in the Republic of Korea (The Status of National Legislation and other measures dealing with organized crime.)

(1) The status of organized crime in the Republic of Korea.

Since the 1960fs, Korea has achieved remarkable economic growth, along with tremendously increasing international trade. However, at the same time, it faces a number of social problems related to this economic development. Organized crime is one of them. In the past, organized crime was not a major social problem. But with rapid economic development, organized crime has become to be one of our societyfs most serious problems.

In Korea, organized crime used to be regarded as a type of organized violent crime. But nowadays, there are many types of organized crime, such as drug trafficking, smuggling of goods, trafficking in women and children, pocket-picking, violence, and so on. Since the 1970fs, organized violent crime has increased notably when compared with any other type of organized crime.

Further, organized crime groups in Korea are forming new alliances with similar groups in other countries, especially Japan. For example, in April 1999, Gu, Ki-Bon, a member of the Shinsangsa-Pa gangster group in Korea, along with Yang, Jong Man and Jung, Gy Won, two members of Sumiyoshi-Kai gangster group, one of the largest crime organizations in Japan, attempted to smuggle 100Kg of Methamphetamine into Japan. They were discovered, then fled to Korea. After Korean government apprehended them, quick cooperation of sharing the information was made to support Japanese governmentfs investigation on the captain of the ship that was used for smuggling and other suspected persons. These kind of sharing and exchanging information were proven to be helpful for both governments to deal with organized crime effectively and promptly.

(2) Korean Governmentfs Measures against organized crime (National Legislation and other measures.)

The Korean government, fully conscious of the serious dangers posed by organized crime, is working to solidify its strategies against organized crime by enacting and revising relevant laws, vigorously enforcing such laws nationwide, and strengthening international cooperation. During recent years, the Korean government has amended and promulgated several laws related to organized crime. These include provisions for imposing stern criminal penalties against the members of organized crime groups and protecting victims and witnesses from the violence or threats of members of those crime groups.

Next, touching upon our enforcement activities against organized crime, various agencies of the Korean government, including the Prosecutorsf Offices and the National Police, have devoted continuing efforts towards eradicating organized crime during the past several years. In January, 1994, the Joint Investigation Headquarters against Violent Crimes was established at the Supreme Prosecutorfs Office and the Joint Enforcement Task Forces were set up at the District or Branch Prosecutorsf Offices in an effort to crack down on organized criminal groups. The Task Forces have maintained strong and continuos enforcement measures against those organized criminal groups. In addition to intensified enforcement efforts, heavier criminal penalties are being imposed against organized criminals.

In light of these experiences, its our strong belief that a specially arranged investigation by a joint task force still remains as one of the most important ways of combating organized crimes.

3. Korean Governmentfs Efforts to cooperate with other Countries

Criminal organizations are not only becoming stronger and more diverse, but they are engaging more and more frequently in systematic forms of cooperation designed to further their criminal activities, extend the reach of their illicit markets, and expand their capacity to infiltrate legitimate businesses. Their enhanced mobility and capacity to exploit legal commerce for concealment, and to use the global banking system for accumulating, moving and laundering the proceeds of their crimes, make it extremely difficult for any single Government, no matter what means and resources it has at its disposals, to develop an adequate response without some form of international cooperation.

In this sense, Korean government believes that mutual judicial assistance is one of the most effective means of preventing and controlling organized transnational crime.

In August 1988, Korea enacted the Extradition Act. It also concluded the Extradition Treaty and the Treaties on Mutual Assistance on Criminal Matters with a number of countries as well as the enactment of the Mutual Assistance Act on Criminal Matters We should also consider mutual assistance between countries which have no formal treaties. Korea has already implemented extradition and mutual assistance in investigations without requiring treaties, with only a guarantee of reciprocity. We believe such a flexible approach is worth considering for the promotion of international cooperation.

In particular, Korean government has exerted continuous efforts for cooperation in the Asian-Pacific Region, in the field of drug-related crime investigation, thus achieving meaningful accomplishments. For example, our government commends the activities of ADLOMICO, the Anti-Drug Liaison Officials Meeting for International Cooperation, a quarterly meeting of drug liaison officials from 16 countries organized since April 1989. This group has been utilized as a contact point for sub-regional cooperation. Through this channel, various meaningful activities have been made possible such as information exchange, training assistance, and investigation cooperation.

Along with those efforts, since 1997, the Korean ministry of Justice has also annually hosted the International Training Course on Crime Prevention and Criminal Justice. It has been inviting senior members from various judicial agencies in Asian countries including judges, prosecutors, police officers and prison officers to participate in discussions about new trends of drug syndicates and organized crime groups and effective joint countermeasures against the internationalization of regional crime. And Korean government strongly believes all those efforts would be very supportive to cooperate with other Countries in various ways.

In closing, my delegation wishes to reiterate its full support for the various activities to combat organized crime. It can be assured that the Government of the Republic of Korea will remain fully committed to the further strengthening of international cooperation for that purpose.

Thank you!