• 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.

• Korean Security Journal
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• no.33
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• pp.81-101
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• 2012

A sudden change of social structure makes the nations have experienced terrorism to establish an anti-terrorism law and associate with international agreements to protect themselves from terrorism. Korea is exposed to terrorism as it has grown in stature by holding the international occasions and has been easy to travel abroad since 1980. Korea regulates the terrorist by a guideline which was established in 1982 by the presidential instruction and other criminal law. However, the majority of people doubt the propriety of overinterpretation of the law and punishment for terrorism. To cope with the situation strongly, it is better to establish an anti-terrorism law to block terrorism and apprehend the terrorist beforehand. Also we should realign an anti-terrorism organization that should be organized by the type of terrorism. In addition, we can expect to avoid waste of a budget and human efforts if we introduce terrorism warning system and face with each stage of situation. Lastly it is possible to prevent terrorism if we build up preventive actions along with the local residents.

• 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.

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

• Korean Security Journal
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• no.14
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• pp.195-214
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• 2007

The purpose of this research is to suggest a construction device that can transform a public safety, security service, security system on counter-terrorism device system, from government leading type to private management type. There are purpose on this thesis to research for the bringing up counter-terrorism experts certification system and about all sorts of developed device among our country's counter-terrorism situation and through comparing developed country's private security's developing device. This summary of thesis is like below. First we need to establish total counter-terrorism center, like developed country on national corresponding strategy. Second, we need to make an organization as a country security department unified as an America's President directly belonging organization. Third, it is to legislate about an counter-terrorism. Fourth, we need to make a coorperate system according to counter-terrorism duty come under private management, so that can recover a trust among people. Fifth, a terror warning system is necessary. Private security's mutual relationship and developing devices is First, it is necessary to bring up counter-terrorism expert. Second, it is necessary to bring in counter-terrorism experts certification system. Third, counter-terrorism research center that come under private management is necessary. The university, private security related academy, should establish research center for the private security industry's specialization, subdivision. It is considered that various research need to be continued after by bringing up counter-terrorism experts, transforming a consciousness, counter-terrorism education, building an equipment and education center, not for a special group, that can minimize human infringement.

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

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

• Proceedings of the Korean Society of Disaster Information Conference
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• 2017.11a
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• pp.329-330
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• 2017

재난은 인류의 발전과 더불어 다양하게 발생되어왔다. 최근 21세기 들어 발생하는 재난은 그 현상이 더욱 다양하고 복잡하며 그 피해의 정도가 대규모로 진행되는 경우가 많아 졌다. 태풍, 집중호우, 강풍, 폭설, 지진, 황사 등의 자연재난은 지구온난화현상으로 국내뿐만 아니라 전 세계적으로 커다란 영향력을 미치고 있으며, 화재, 구축물의 붕괴, 지하철사고, 테러 및 감염병 등의 사회 재난도 더욱더 증가하고 있는 추세이다. 나아가 사스, 메르스, 지카 바이러스 및 대형 테러 등 전 세계적 차원의 사회 재난의 발생 또한 급증하고 있다. 이와 같이 현대사회에서 발생하는 재난는 개인이나 국가의 정책만으로 예방하고 관리할 수 없는 특성이 있다. 따라서, 자본주의 경제의 한축을 이루고 있는 기업의 재난을 관리하여 연속성을 확보하고 더나아가 리질리언스(Resilence)를 보장하기 위한 일환으로 2007년 7월 재해경감을 위한 기업의 자율 활동 지원에 관한 법률(이하, 기업재해경감법 이라함.)이 공포된 지 약 10여년이 경과하였다. 이는 법 제도화를 통하여 기업의 재해경감활동을 지원하기 취지에서 출발한 것 이다. 그 후 현재 까지 어느 정도의 발전이 있었지만 경과 년 수에 비해 아직 미흡한 실정이다. 이후 그 기업들이 좀 더 원활하게 재해경감활동을 위한 계획을 수립, 실행, 검토 및 유지하기 위한 지침으로서 기업재난관리표준을 2010년 4월 2일 제정하였고 이후 재해경감활동 수립계획을 제정하여 시행하기에 이르렀다. 또한, 기업재난관리표준은 제정된 이후 2013년 12월 9일 전면 개정작업을 통해 경영관리 프로세스 모델(Plan-Do-Check-Act)이 적용된 관리체계를 접목시키고 용어정의를 국제표준과 일치시켜 기업재해경감활동 상의 혼선을 방지하기 위한 노력을 하였다. 현 정부에서는 주무부처가 바뀌고 조직이 변화되어 행정안전부고시 제2017-1호(2017.07.26.일)로 개정되어 현재에 이르고 있다. 본 논문에서는 기업재난관리표준과 연관된 제반 법령 및 규정 등에 대한 법적성격 과 지위를 규명하고, 기업재난관리표준의 관련분야 적용 시 문제점 및 바람직한 제도개선 방향을 제시하고자 한다.