• Title/Summary/Keyword: counter-terrorism law

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A system analysis research for a terrorism law of prevention enactment of the foreign country (대테러방지법 제정을 위한 외국과의 제도 분석 연구)

  • Kwon, Jeong-Hoon;Kim, Tae-Hwan
    • Journal of the Society of Disaster Information
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    • v.3 no.2
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    • pp.3-21
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    • 2007
  • Every country finds a way to respond a lot of terrors to keep her safe in many ways. Our country, before a terror outbreaks, makes various countermeasures such as strengthening international cooperative systems, strengthening informational ability to countermeasure terror, restricting for terrorists to enter or exit from our country, restricting other countries to input weapons in our country to prevent from terror in the aspect of precaution. A terror is more grave than any other one in behavior, and the criminals have to be punished so much and be discriminated from other ones, too. So, a concept of general crime and terror has to be defined. It is finished in the academic area to some extent, but, it is not sufficient in lawful area so much. Afterwards, it is necessary to establish counter-terror protection laws regulating terror crimes directly. In addition, it is necessary to define concretely and clearly the terror activity and deduce the definition of terrorism.

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Comparative Analysis of Anti-Terrorism Act and its Enforcement Ordinance for Counter-Terrorism Activities (대테러 활동을 위한 테러 방지법과 시행령의 비교 분석)

  • Yoon, Hae-Sung
    • Korean Security Journal
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    • no.48
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    • pp.259-285
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    • 2016
  • As the need for anti-terrorism legislation has been continuously argued, Anti-terrorism act has been enacted and enforced. On the other hand, there still remain a lot of points to be discussed regarding the definition of the concept of terrorism, matters of human rights violations, strengthening authority of the investigation and intelligence agencies, and mobilization military forces for the suppression of terrorism. Also, reviewing Anti-terrorism act and its enforcement ordinance draft, this legislation seems to regulate terrorist groups like IS. If so, in the case of terrorism of North Korea or domestic anti-government organizations, whether this law would be applied could become an issue. In the case of terrorism of North Korea, Ministry of National Defense has a right of commandership in the military operations, however, it is also possible to apply the article 4 of Natural Security Act a crime of performing objective-or a crime of foreign exchange on Criminal law as legal grounds for not military terrorisms but general investigations. Therefore, it is necessary to involve consideration about this matter. Furthermore, in the view of investigation, Anti-terrorism act and its enforcement ordinance draft do not mention Supreme Prosecutors Office and Ministry of Justice that conduct investigations. In the case of terrorism, the police and prosecution should conduct to arrest criminals and determine crimes at the investigation stage, however, any explicit article related to this content in Anti-terrorism act and its enforcement ordinance draft was unable to be found. Although Anti-terrorism act is certainly toward preventive aspects, considering some matters such as prevention, actions on the scene, maneuver after terrorism, arresting terrorists, investigation direction, cooperation, and mutual assistance, it is necessary to reflect these contents in Anti-terrorism act. In other words, immediately after terrorists attacks, it is possible to mobilize the military operations by Integrated Defense act in order to arrest them in the case of military terrorism. Nevertheless, because both military terrorism and general one are included in the investigation stage, it needs to begin an investigation under the direction of the prosecution. Therefore, above all, a device for finding out the truth behind the case at the investigation stage is not reflected in the current Anti-terrorism act and its enforcement ordinance draft. Accordingly, if National Intelligence Service approaches information at the prevention level in this situation, it may be necessary to come up with follow-up measures of the police, the prosecution, and military units.

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Enactment of Anti-terrorism law In the Third World And The Instruction for Us (제3세계 국가의 테러방지법제정과 우리나라에 있어서 시사점)

  • Cho, Sung-Je;Soung, Jea-Hyen
    • The Journal of the Korea Contents Association
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    • v.9 no.10
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    • pp.274-283
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    • 2009
  • To effectively and quickly respond to new forms of terrorism, a more organically integrated and coordinated system will be needed. As establishing the grounds of such a system based on laws would be most in congruence with legalism, it would be desirable to fundamentally establish an antiterrorism act. However, enactment of such counter-terrorism laws must be accomplished by means with which human rights violations against citizens may be minimized, contrary to what has been the case with third world nations. The act will need to include clauses that may relieve organizations, such as national human rights committees or citizen groups, of concerns over potential human rights violations. To address vulnerabilities of investigative rights issues which relate to cases relevant to acts of terrorism being delegated to the National Intelligence Service, the investigative jurisdiction shall be assigned to the public prosecutors and law enforcement officials as with other criminal proceedings. As for public concern that establishing the Anti-Terrorism Center under the National Intelligence Service, a secret service agency, may infringe upon human rights, functional and organizational dualism of the Anti -terrorism Center would be worth taking into account.

Prior Task to Prepare for International Terrorism: Focusing on Multiple-use Facilities (국제테러리즘 대비를 위한 선결과제 : 다중이용시설을 중심으로)

  • Lee, Dae Sung
    • Convergence Security Journal
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    • v.18 no.4
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    • pp.89-93
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    • 2018
  • As terrorist organizations like ISIL and Al-Qaeda attack multiple-use facilities such as subways and department stores that many unknown citizens are using, the fear and anxiety are expanding. If international terrorism occurs in Korea, it may attack multiple-use facilities. Therefore, we need to have countermeasures against the attack. However, as the concept of multiple-use facilities has multi-faceted meanings and the scope is wide, there is a limitation in the preparation for international terrorism. In this study, it was tried to find the solution through reviewing the multiple-use facilities related laws. First of all, as the multiple-use facilities related laws were legislated by government organizations according to the necessities, the concept and scope are very inclusive. Therefore, it is possible to have controversies on the scope of the review related to anti-terrorism. Next, the department responsible for the international terrorism is not clear, which can make issue of rights and responsibility. To overcome such limitations, this study tried to set the concept and scope of multiple-use facilities and discussed the issue of the responsible department.

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Establishment of Korea National Counter-terrorism System and Development Plan (국가대테러체제의 구축 및 발전방안)

  • Park, Jun-Seok
    • Korean Security Journal
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    • no.42
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    • pp.229-249
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    • 2015
  • As the post-cold war era and globalization go on, national security problems which were not traditional national security problems such as terrorism, crime, environmental disasters, economic crises, cyber-terrorism, diseases, and energy problems threat humanity and nations and demands changes. Also, with the change, the concept of "big government" has emerged as the role of nation expanded. The modern society sees every country change from small government to big government in order to realize the establishment of welfare state. A comprehensive interpretation of security is needed in order to comprehensive protection of citizens beyond outside invasion such as crime, new disaster, terrorism. In Korea, incidents such as Cheonan-Ham, Yeonpeyong-Do, foot-and-mouth disease, Ddos terrorism, pirates hostages, mad cow disease, AI are happening and the humanitarian support for North Korea and the summit of South and North Korea are at a standstill. Also, National emergency management system, comprehensive emergency management center, countrol tower, national security system, cooperation with citizens, establishment of legal and institutional system are needed. The importance of this research is on the reestablishment of new national security and emergency management system according to the comparison between the national security and counter-terrorism system of Korea and that of the United States which is a leading country in this field. Also, the establishment of national emergency management act is needed as a statute for effective function as currently various laws and administrative organizations are dispersed.

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A Study Related on Relationship between New Terrorism's and Security Strategy for Korea (뉴테러리즘의 민간시큐리티 연계와 발전방안)

  • Kang, Min-Wan
    • Korean Security Journal
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    • no.17
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    • pp.1-13
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    • 2008
  • Conclusion is like below. First, as a private security area's mutual relationship and development device, it is necessary to bring up corresponding-terror expert. Second, a privatized corresponding-terror research center is necessary. Third, the importance of privatization's role for the corresponding-terror prevention law establishment. It is considered that a diversified examination research that can minimize a violation of human rights by bringing up various corresponding-terror expert, paradigm shift of workers related security area, and construct corresponding- terror education equipment as well as education content, it is not a special group's authority, should be continued by a following research. Academical area of terrorism's construction is necessary. You need to approach by private initiatively boldly with the academic world as an active mutual cooperation politically, culturally, socially, internationally, etc, rather than developing national institute initiatively. Also, in a following research, an academical research about a correlation of crime, war, terror should be done deeply, variously. It is necessary to establish an academic foundation of terror study.

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Korea's Terrorist Environment and Crisis Management Plan (한국의 테러환경과 위기관리 방안)

  • Jang, Sung Jin;Kim, Young-Hyun;Shin, Seung-Cheol
    • Korean Security Journal
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    • no.52
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    • pp.73-91
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    • 2017
  • This study is based on the political and economic standpoint of each country, Use advanced equipment to prevent new terrorism from causing widespread damage, In order to establish a countermeasures against terrorism in accordance with the reality of Korea, which is effective in responding to terrorist attacks, Korea conducted a SWOT analysis of the terrorist environment and terrorist environment through specialists. First, internal strengths of Korea 's terrorist environment include stable security situation, weakness of religious and ethnic conflicts, strong regulation and control of firearms, and counter terrorism capabilities and know - how accumulated during major international events. Second, the internal weaknesses of the terrorist environment in Korea include the insecurity of the people, the instability caused by the military confrontation with North Korea, the absence of anti-terrorism law system, the difficulty of terrorism control and management by the development of the Internet and IT technology. Third, the external opportunities for Korea 's terrorist environment are as follows: ease of supplementation and learning through cases of foreign terrorism failure, ease of increase of terrorist budget and support with higher terrorism issues, strengthening of counterterrorism through military cooperation with allied nationsRespectively. Fourth, the external threats to the terrorist environment in Korea are the increase of social dissatisfaction due to the continuous influx of defectors and foreign workers, the goal of terrorism from international terrorist organizations through alliance with the United States,Increased frequency of incidents, and increased IS coverage of terrorism around the world. In addition, the SWOT in - depth interviews on the terrorist environment of the expert group were conducted to diagnose and analyze the problems, terrorism awareness and legal system in the Korean terror environment. The results of the study are summarized as follows.First, the basic law on terrorism should be enacted.Second, the establishment of an integrated anti-terrorism organization.Third, securing and nurturing specialized personnel in response to terrorism.

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A Proposal for amendment of the Financial Intelligence Unit Law (『특정금융정보(FIU)법』의 개정을 위한 제언)

  • Lee, Dae Sung;Ahn, Young Kyu
    • Convergence Security Journal
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    • v.15 no.5
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    • pp.71-76
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    • 2015
  • Financial Intelligence Unit Law doesn't include investigation on important cases that could influence the security and existence of the nation that are the core jobs of national intelligence agency. So the agency has a difficulty to investigate the international crime of North Korea and other security incidents. It is also difficult to catch an international crime organization working in Korea. It also produces problems such as difficulty in investigating the illegal leak of strategic materials and investigating people related to illegal funding to international terrorism. So it is urgently needed to revise Financial Intelligence Law as soon as possible. Foreign intelligence agencies use the information of financial intelligence unit in many different ways. National Security Agency of China and Australian Security Intelligence Organization freely use the information of financial intelligence unit based on their own laws and systems. Central Intelligence Agency and Federal Bureau of Investigation of USA and Secret Intelligence Service and Security Service of Britain request financial intelligence units to supply them with the information of financial intelligence unit. But the national intelligence agency of Korea isn't able to approach to FIU and can't share the FIU information with foreign intelligence agencies. To solve the problem, they should revise Financial Intelligence Unit Law so that national intelligence agency can receive or request information from Korean Financial Intelligence Unit.

Analytic Hierarchy Process(AHP) to Improve the Current Counter-Terrorism System (현행 대(對)테러시스템의 개선을 위한 상대적 중요도 분석)

  • Lee, Dae Sung
    • Convergence Security Journal
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    • v.19 no.2
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    • pp.123-128
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    • 2019
  • In March 2016, the Korean National Assembly passed the Counterterrorism Act called as "Counterterrorism Law for the Protection of the People and Public Safety", and relevant functions and roles of the counterterrorism institution were granted based on the law. However, a number of problems have been raised in the course of the job performance of the counterterrorism related institution, and various improvements have been discussed. This study conducted 'Analytic Hierarchy Process(AHP)' on the experts to identify the issues related to the improvement possibilities of the counterterrorism system that had been discussed previously. The results of the analysis to improve the current counterterrorism system are as follows. First, the priorities of the top factors were identified as in the order of legal institutions, cooperation, and operational aspect. Next, the priorities of the individual sub-factors were identified as the reorganization of the counterterrorism task force, the organic cooperation of domestic counterterrorism institution, and the cultivation of specialized human resources for anti-terrorism work. It was found that we should discuss the reorganization of counterterrorism institution as a policy consideration to improve the counterterrorism system.

A Study on the Establishment of Anti-Drone Concept and Effective Response System (안티드론 개념 정립 및 효과적인 대응체계 수립에 관한 연구)

  • Lee, Donghyuk;Kang, Wook
    • Korean Security Journal
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    • no.60
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    • pp.9-31
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    • 2019
  • Due to the development of technology and popularization of drone, the so-called "dirty drone" that exploits drones for crimes and terrorism has become a social problem, and it is time to seriously consider the "revenge of drones." Indeed, the cases of threats posed by drones are expanding not only to threats to ground facilities, but also to aviation safety threats, more recently to large-scale events, demonstrations and crimes targeting specific personnel, and terrorism. This research clearly defined the concept of anti-drone when it emerged as a new type of social safety threat as it was abused in crime and terrorism, while response to it was not enough yet. Through this process, it was intended to present an effective anti-drones system. We analyzed the major controversial elements of anti-drone, and defined them as "comprehensive response activities at the legal, institutional and technical levels performed by law enforcement agencies, related technology and industrial entities in a way that prevents, detects, and blocks acts that violate public well-being and order, such as crimes and terrorism caused by the drones." To effectively respond to dirty drones, the authority of law enforcement agencies and the enactment of relevant laws were proposed. In the future, a comprehensive and systematic follow-up study of the anti system should be conducted.