외국인범죄의 현황과 대책에 관한 연구

Abstract

국내 거주하는 외국인이 날로 늘어남에 따라 점차 증가하는 외국인범죄 문제가 심각한 상황에 이르게 되었다. 이에 대한 대책으로 외국인범죄의 주요원인이 되고 있는 불법체류자를 줄어야하고, 외국인범죄를 수사하는 수사관의 수사역량을 강화하여야하며, 외국인범죄 근절을 위한 홍보활동 강화 및 형벌법규를 적용함에 있어 내국인과 차별없이 적용하는 등 외국인범죄를 줄이는 노력을 경주하여 내국인과 외국인이 함께 살사는 정의로운 사회를 구현하여야 할 것이다.; As the world benefited by development of transportation and telecommunication technologies, the world is becoming a global village and borders are beginning to disappear by exchange of human and material resources between countries. Not only the international interaction helped us build a foundation to live in an affluent society, but also facilitated to increase the number of illegal immigrants. They definitely deteriorated law and order and promoted the negative attributes to society. After the rapid economic development of 1970s, Korea has formulated an open-door policy in early 1980's. Inflows of foreigner population gradually grew every year; and it is 2.6% higher than 2005's total, 11,999,876. The number of foreign residents also increased by 337% to 910,149 within last 10 years. Main reason was an inflow of Koran residents in China. High Korea's stature in the world was considered as one of the reasons which helped attract foreign students to study in Korea, and professional talents. Industrial training programs offered to other countries and opening a door to foreign workers also contributed to the rise of foreign population, automatically accompanied with increased rate of foreign crimes. 6,788 foreign offenders were arrested in 2001, and raised by 270% to 17,790 in 2006. Illegal alien residents, of course, are more likely to commit a crime than registered foreigners. Some of them who couldn't assimilated into Korean society and culture express their stresses and complaints in a form of criminal act. Many who came from economically poor south-east countries have anticipated "Korean Dream," first coming to Korea, but if things weren't going well the way they expected, and if they realized that they had less chances to apply for job and school, they would be apt to commit a crime in response to discriminative treatment they experienced unlike natives. Foreign crimes demand extra efforts to deal with offenders of various nationalities - interpreting problems. easy transition to widespread crimes over the country, difficulties to check foreigner's identity due to unclear identification system and misunderstanding korean criminal procedure, judicial system and court system. Moreover, it is easy to lose track of witnesses and suspects. We need to review on kinds of policies the government has enforced to reduce foreign crimes so far, look at similar policies carried out in other countries, and lead ourselves to most adequate measures. second, We ought to enhance the competence of investigator in charge of foreign crimes. The agencies in charge should revamp the outdated system, hire related professionals and interpreters, keep collecting information, understand the current state of foreigners in Korea, and be prompt in embarking on early investigation. As well as strengthening mutual assistance system with criminal justice related authorities and overseas investigative institutes we need to improve the mutual cooperation on criminal justice matters. Third, we should promote crime prevention campaigns, strengthen public relation performance and establish fair regulations and penalties which would not make foreign people feel segregated. In addition, a fair and just interpretation on criminal law is also demanded along with embracing attitude toward different cultures. On the other hand, some argued that our paternalistic regulation on foreign criminals actually contributed to facilitating the high rate of foreign crime because it nursed the idea they can always get away with punishment easily. if prosecutors and judges treat these cases strictly fair, similar crimes will not occur again because of fear from lawful but harsh punishment which offenders have to face. So far the Korean government has been dealt with foreign crimes under a piecemeal and temporary system. Now, we feel the necessity to understand the magnitude of foreign crimes and formulate a complete policy as countermeasures. We need attention to foreign crimes from related authorities, academic institutes and social groups, and it is essential to make joint efforts to minimize the crime rate.; and soared especially when 1986 Asian Games and 1988 Olympic games was held, when Industrial technology Training programs was implemented in 1990, when Visit Korea Year 2001 and World cup 2002 was arranged. Furthermore, as the average Korean family income went up, the natives began to avoid 3D jobs (dirty, dangerous, difficult) and foreign workers who came from poorer asian countries than Korea filled those vacant 3D positions. According to need and large number of their employment in Korea, the number of foreign residents and temporary residents increased and accordingly their nationality was also various. Foreign crime went up dramatically along with the growth in their population and it caused serious social problems. In order to resolve and prevent them, we need to analyze the current state of foreign crimes, and find a key factor why these occur and study what proper countermeasures are, with a view to realize a healthy society where natives and foreigners are in perfect harmony with each other. The total number of foreign travelers who entered and leave Korea in 2006 was 12,312,871