• Korean Security Journal
• /
• no.15
• /
• pp.29-50
• /
• 2008

Many countries throughout the world have enacted laws on terrorism in the light of the changes that time has brought to them, geographical features, cultural values, and environmental elements. Especially some advanced European nations prescribe the definition of terrorism, the purpose of terrorism, the behavior of terrorism, and the types of crimes related to terrorism and so on for the following reason that it is more vital for the authorities concerned to investigate and punish terrorists after the rise of terrorism. In this regard, this paper analyzes legislative countermoves against terrorists of advanced countries such as France, Germany, and England and through this sheds light on the need of future anti-terrorism bills. The legislative basic guidelines directly to manipulate future terrors based on theories derived from this study could be summarized as follows. In the first place, providing laws on direct investigative power and harsher punishment to those involved in terrorism is a prerequisite for social security and thus the presidential directive of the state anti-terrorism action guidelines just deals with administrative measures without any effective response to terrorism. Hence it is urgent to make anti-terrorism bill concerning investigation and punishment of terrorists. In the second place, it is associated with the objectives of terror. The expression "all sorts of" stated in Korean law is so quite unclear that it can not fulfill the required conditions for naming it "crime". Comprehending provisoes of the crime that meets the purpose of the terrorists is necessary in order to investigate and inflict punishment on them. Therefore, it is advisable to establish specific and precise principles such as political, social, ideological, and religious purpose of terrorists in the bill. In the third place, to meet the flow of times of technicalization, informatization, such provisoes as destruction of electronic data system, crimes related to nuclear materials, purchases of weapons by terrorists, tax administration for prohibition of sale, and arson should be considered in terror bill. In the fourth place, nonselective attack toward unspecified individuals has become a serious issue in our society. Terrorists leave poisonous foods or beverages to crowded place or dump toxic chemicals into river intentionally. Therefore more strict regulations must be included in terror bill to prevent possible terrorist attacks.

• The Journal of the Korea Contents Association
• /
• v.9 no.10
• /
• pp.274-283
• /
• 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.

• The Journal of the Korea Contents Association
• /
• v.11 no.6
• /
• pp.419-427
• /
• 2011

As for the anti-terrorism bills, which were submitted to the National Assembly, the mobilization of anti-terrorism commando, which was designated or established by the National Defense Minister, is mobilized the military troops without being based on marital law in light of the constitutional law, thereby possibly violating the constitution, first of all, with regards to mobilization of anti-terrorism commando, which was formed with military troops. The anti-terrorism commando is the military force, which was trained professionally for the anti-terrorism activity. Thus, the violation of human rights may be greatly reduced rather than what general soldiers are putted in the public-order activity such as anti-terrorism. However, it is thought to be desirable to make it possible for the input of special forces, which were trained professionally in relation to anti-terrorism activity, through constitutionally revising the constitutional law. As for the provision of 'support for military troops' in the anti-terrorism bill, what is a case that the nation's important facilities and multi-use facilities are difficult to be protected from terror with the anti-terrorism commando and police force needs to be constitutionally regarded as resulting in reaching the level enough to correspond to 'a state of national emergency equivalent to wartime incident.' Thus, enacting the future anti-terrorism law, it is thought to be unnecessary for having the provision of 'support for military troops' with receiving criticism obstinately for possibly violating the constitution.

• Korean Security Journal
• /
• no.47
• /
• pp.85-117
• /
• 2016

These days, ISIS terrorists have been expanding not only to european countries, but also to asian countries so South Korea is no longer safe from terrorists' attacks. Especially, 'soft target terrorism' makes many people maximizing fear of terrorism because it is caused by small groups - those who are armed with small arms and light weapons - and they are able to carry out hit and run attacks on civilian targets. It poses even more dangerous to kill massively. That is why November 2015 Paris attacks and January 2016 Jakarta attacks killed and injured many people because of 'soft target terrorism.' Therefore, the South Korea has also recognized the seriousness of terrorism by ISIS. The study has shown the precautionary measures about 'soft target terrorism' and how to defend against 'soft target terrorism' by looking through overseas examples. It is for the possibilities of 'soft terrorism' in South Korea because of the expansion of ISIS. As a result, 'soft target terrorism', caused by ISIS, could happen in South Korea. The counterplan is as in the following. First of all, 'soft target terrorism', which is collaborated with ISIS and domestic terrorists, could be caused by negative awareness of foreign residents and xenophobia so the public should change stereotypes about the foreign residents and there should be legislation about racial discrimination enacted by parliament and the government must practice the law. Second, the Korean anti-terrorism laws should be modified to minimize violations of human rights, related to the Korean citizens' personal information, and to stop the concentration of power into the hands of one law enforcement. Third, the government has to develop and to initiate the refuge&evacuation simulation, which prepares for 'soft target terrorism' and minimizes the damages if terrorists attack hot spots like central commercial areas or event halls.

• Korean Security Journal
• /
• no.20
• /
• pp.95-117
• /
• 2009

Ever since the 9/11 terror attack, all the world has perceived the need and taken actions to make an anti-terror law, however The Republic of Korea has not yet come up with any relevant output. Currently, the Korean government apportions duties to each related government agency and sets up systems for cooperation among them to make preparations against and cope with terror threats, according to The National Guidelines on Anti-Terror Activities (the presidential directive number 47 given on January 21, 1982). However, the directive has many limits and shortcomings in coping with national emergencies. In this situation, this research aims to compare the national anti-terror laws of others countries with Korea's, in order to understand the problems in Korea, i.e., that The National Guidelines on Anti-Terror Activities, which are the only anti-terror regulations in Korea do not clearly describe the concept and range of a terror, that national anti-terror meetings and the anti-terror standing committee have problems with their operation, that the Terrorism Information Integration Center has also its own problems, and that Korea lacks in preparatory actions against terror crimes and there are still problems about investigations into terror incidents. In order to solve these problems for the future, the present author suggests that the purpose of the law on The National Guidelines on Anti-Terror Activities shall be re-established so as to meet the current anti-terror conditions of Korea, the concept of a terror and anti-terror activities shall be clarified, anti-terror organizations shall be unified, the chair of the anti-terror standing committee shall be appointed legally and automatically according to the relevant rule and be given more rights so as to have free access to private information for anti-terror activities and terror-related information, and systems shall be supplemented for reporting terror-involved persons and funds.

• The Journal of the Korea Contents Association
• /
• v.20 no.9
• /
• pp.195-207
• /
• 2020

This study aims to analyze how the Korean liberal and conservative newspapers cover the filibuster for blocking the passage of the anti-terrorism act for the protection of citizens and public security by the main opposition party. For the comparative analysis of the Korean liberal and conservative newspapers, this study analyzes how the newspapers used news frame, news source, key word, and news theme. To analyze the effects on news coverage of the newspapers' ideological orientation, this study selects six newspapers: Hankyoreh Shinmun, Kyunghyang Shinmun, Ohmynews from liberal newspapers and Chosun Ilbo, Donga Ilbo, Joongang Ilbo from conservative newspapers. According to research findings, the liberal and conservative newspapers show clear distinction while using news frames when the newspapers cover the filibuster. The liberal newspapers cover the filibuster as a positive political action while the conservative newspapers cover the filibuster as a negative political action. In addition, as key word, "disturbance" is mentioned most by the conservative newspapers while "poisonous clauses" is used most by the liberal newspapers. As a result, this study shows that newspapers are influenced by ideological orientations while covering political issues.

• Journal of the Society of Disaster Information
• /
• v.10 no.2
• /
• pp.288-293
• /
• 2014

The purpose of this study was to provide response plans against acts of suicide bomb using utilize unmanned aircrafts to prevent large losses of lives such as the terrorist attacks of September 11. As the result, First, this research suggests revising the definition and categorization of utilizing unmanned aircrafts and legislating the Anti-terrorism law. Second, it is needed to establish the proper social safety network through terrorism response management integrated system against the terror of related organization. Third, suicide bomb using utilizing unmanned aircrafts can be occurred because it is possible to make bomb and open web site for terrorism without connection with terrorist organization because of universal use of Internet. In response to this, it is needed to make a law which can block the use and open of illegal site and contents. Forth, the increasing number of foreigners and immigrants can make conflicts, and cause the foreigner's anti-korea feeling and the citizen's anti-cultural diffusion. Therefore, it is needed for the citizen to change and improve the awareness of them, and the change of social politics.

• The Korean Journal of Air & Space Law and Policy
• /
• v.25 no.1
• /
• pp.27-54
• /
• 2010

Soon after September 11 attacks in 2001, there were strong demands in Korea on making relevant laws and regulations on aviation security, and Korean parliament legislated "Aviation Safety and Security Act"to fulfill the demands on safety and security of aircrafts during aviation. However, the current Aviation Safety and Security Act seems to have many problems which do not meet the practical needs in Korea, because there were not enough considerations on the practical needs and extinguishable national circumstances on civil aviation system in Korea, but only regarded the relevant international conventions and foreign practices on it. In this context, it is necessary to amend several provisions in Aviation Safety and Security Act to enhance more practical efficiencies in its implementation through systematization of the provisions on crimes which may happen during aviation. In this context, this article argues two main issues. First, Article 39 of Aviation Safety and Security Act does not express whether it is possible to punish the attempt of crime of causing damage to aircraft. Therefore, regarding a principle of legality, it is impossible to punish the perpetrator even when coincidently failed to destruct or damage aircraft. In this context, this article argues that the necessity to introduce the possibility to punish the attempt of crime of causing damage to aircraft. Second, regarding Article 160 of Civil Aviation Act of Korea, current Aviation Safety and Security Act should be amended by guaranteeing the culpability of negligence of crime of causing damage to aircraft.