자금세탁방지법제에 대한 헌법적 검토
Review of the anti-Laundering system and financial information privacy protection

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성낙인; 권건보
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서울대학교 법학연구소
법학, Vol.46 No3 pp.227-297
사회의 투명성과 청렴성1993년 8월에 금융실명제부패방지법제의 현황과 과제FATF 40개 권고사항 개정안
This paper is intended to examine the constitutional basis of financial
information privacy protection and money-laundering prevention, and to grope the
legal strategy which would raise the effectiveness of money laundering prevention
A careful study of constitutionality of Korea's anti-money laundering act has
forced us to conclude that suspicious transaction reporting, currency transaction
reporting, customer due diligence, and issues such as the requirement of search
and seizure warrant do not disproportionately restrict the right to financial
But even if the anti-money laundering system is not unconstitutional as
determined by this study, the importance of protection of privacy regarding
financial information cannot be overlooked. Rather, when people are convinced
that privacy is protected to maximum level, the anti-money laundering system
can be successful with full support from people and financial institutions.
The anti-money laundering law should be reformed to minimize the
infringement of the right to financial privacy and to foster an efficient
anti-money laundering system at the same time. Therefore, the legal system
which regulates the financial information privacy should meet the purpose
specification principle, the collection limitation principle etc.. Of course due
process of law can also be applied to the anti-money laundering system. If,
however, the requirement of search warrant is too strictly implemented, it would...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 46, Number 1/4 (2005)
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