자금세탁방지법제에 대한 헌법적 검토

Abstract

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

system.

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

privacy.

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...