• 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.

• Digital Contents
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• no.10 s.137
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• pp.26-30
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• 2004

세계는 지금 소리 없는 사이버 전쟁중에 있다. 사이버테러는 물론 교묘한 해킹 수법으로 기회가 되면 상대국가의 기밀과 경쟁업체의 고급정 보를 빼가려고 혈안이 되어 있다. 이에 맞서 정보화의 어둠을 밝히려는 곳이 바로 사이버테러대응센터다. 임승택 사이버테러대응센터 장을 만나 사이버테러단과의 쫓고 쫓기는 추격전, 그리고 국내 사이버테러 수사의 수준과 향후 과제를 들어봤다.

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

• Korean Security Journal
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• no.43
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• pp.231-257
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• 2015

Today, the international community make every effort to suppress security crimes, to provide numerous institutional strategies and to prevent security crimes such as the terrorism and spy. Particularly, developed countries in the field of security are strengthening related legislation under new-security conditions. Things work a little differently about security crimes because the nation's benefit and protection of the law is the basis of individual benefit and protection of the law under investigation procedure of the security crimes. Therefore they have policy that permits major investigative agency under the arrest and detention procedure(e.g. security and communication monitoring ${\ldots}$). Criminal procedure's improvement and reinforcement are very important for events related security. But, The investigation procedure between criminal offense and security crimes makes no odds in the Korea. Continuance of such a national mood will accuse of not responding appropriately in preparation for new-security conditions recently. To revise with international best security legislation, We should institute a proper registration system in Korea's situation. This study have been discussing how to improve related legislation under new-security conditions through the cases analysis of the arrest and detention procedure in Korea.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.13 no.8
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• pp.1687-1692
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• 2009

Cyber forensics is used the process and technology of digital forensics as a criminal investigation in cyber space. Cyber crime is classified into cyber terror and general cyber crime, and those two classes are connected with each other. The investigation of cyber terror requires high technology, system environment and experts, and general cyber crime is connected with general crime by evidence from digital data in cyber space. Accordingly, it is difficult to determine relational crime types, collect evidence and the legal admissibility of evidence. Therefore, we considered the classifications of cyber crime, the collection of evidence in cyber space and the application of laws to cyber crime. In order to efficiently investigate cyber crime, it is necessary to integrate those concepts for each cyber crime-case. In this paper, we constructed a cyber forensics domain ontology for cyber criminal investigation using the concepts, relations and properties, according to categories of cyber crime, laws, evidence, and information of criminals and crime-cases. This ontology can be used in the process of investigating of cyber crime-cases, and for data mining of cyber crime; classification, clustering, association and detection of crime types, crime cases, evidences and criminals.

• 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.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.25
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• pp.27-61
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• 2010

This study looks at plans for the efficient functions of the current terror response system in Korea. The results are derived from by comparing and analyzing American, British, German, Japanese, and Korean terror response systems. It focuses especially on addressing some problems with Korea's terror response system and how to operate it effectively. The study will systematically compare and analyze each nation's terror countermeasure studying organizational, functional, and legal aspects as standards. This study shows that there is not an exclusive terror response center in Korea compared with other nations such as America, the United Kingdom, Germany, and Japan. Also it is difficult to expect effective and vigorous operations due to weak cooperation across the relevant organizations. The presidential directive of the state's anti-terrorism action guidelines is legally ineffective. This means that on legal grounds, it is difficult to take actions to prevent the terrorism. Therefore, keys to counteracting terrorism derived from this study are summarized below. In the first place, an integrated terror response system should be set up for expansion of information sharing which leads to emergence effect. In the second place, the superior legislative systems should be made for the cleardefinition and extent of what the terror is, rigid enforcement of investigation, immigration, and keeping an eye on the funds raised by terrorists and tracking down the terrorists, the plan for eco-terrorism. In the third place, to augment security of vital facilities and peoples' awareness of terrorism safety should be emphasized and a cooperative system between civil and government organizations need to be built. In the fourth place, system for crisis management must be provided in an effort to maximize management system of terrorism and unify a decentralized emergency countermeasures effectively.

• Korean Security Journal
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• no.46
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• pp.113-140
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• 2016

Right to counsel means a defendant has a right to have the assistance of counsel (i.e., lawyers), and if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in criminal law and constitutional law etc. First, any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by act in article 12(4) of the constitutional law. Second, the defense counsel or a person who desires to be a defense counsel may have an interview with the defendant or the suspect who is placed under physical restraint, deliver or receive any documents or things and have any doctor examine and treat the defendant or the suspect in article 34 of the criminal law. Nonetheless, problems about guarantee of the rights to counsel to the national security violators like spy terrorist and etc will be important for Koreans to consider. That is because national security violators's cases are qualitatively different from general criminal offense's cases and historically, lawyer obstruct a investigation in the process of examination of a suspect for national security violators. Therefore, this study suggest a way that a restriction the rights to counsel with an attorney in cases of the national security violators. To this end, in this paper, I touch on restriction of right to counsel during interrogation in the England and Germany etc in comparison to that of Korea and review Korea's Supreme Court decision and Constitution Court decision to understand the prospective and trends for Korean investigation procedure improvement.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.32 no.4
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• pp.723-736
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• 2022

Steganography is being used as a means of secret communication for crimes that threaten national security such as terrorism and espionage. With the development of computers, steganography technologies develop and criminals produce and use their own programs. However, the research for steganography is not active because detailed information on national security cases is not disclosed. The development of investigation technologies and the responses of criminal law are insufficient. Therefore, in this paper, the detection and decoding process was examined for steganography investigation, and the method was analyzed for 'the spy case of Pastor Kim', who was convicted by the Supreme Court. Multiple security devices were prepared using symmetric steganography using the pre-promised stego key. Furthermore, the three criminal legal issues: (1) the relevance issue, (2) the right to participate, and (3) the public trial issue a countermeasure were considered in national security cases. Through this paper, we hope that the investigative agency will develop analysis techniques for steganography.