• Journal of the Korea Society of Computer and Information
• /
• v.21 no.12
• /
• pp.213-218
• /
• 2016

China is defending the terrorist crime through the Anti-Terror Law and anti-terrorism criminal legislation. China's Anti-Terror Law and the Criminal Code Amendment (9), which were promulgated in 2015, provide legal grounds for preventing and hurting ever-growing terrorist crimes. In particular, China's amendment to the Criminal Code (9) is designed to rigorously enforce the legal framework for terrorist crimes, protect prejudicial rights that might be violated by serious terrorist crimes, and protect the penalties for terrorist crimes. However, China's anti-terrorism legislation still has drawbacks such as lack of systematicity, limited regulatory boundaries, and lack of rigorous penalties for the establishment of anti-terrorism legislation. To counter this, China's anti-terrorism legislation must strictly regulate the legal system of terrorist crimes, secure penalties, and prescribe anti-terrorism laws as professional chapters.

• 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.33
• /
• pp.81-101
• /
• 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.

• Convergence Security Journal
• /
• v.14 no.6_1
• /
• pp.45-55
• /
• 2014

China has vast land, variety of people, religions and cultures. China has faced terrorism threat from the struggles of people, religions and resources. The 11thStanding Committee of the National People's Congress of China decided to strengthen the anti-terrorism action on October 29, 2011. This study compared, analyzed and estimated the counter-terrorism laws of the USA, Britain and Germany thinking about the China's anti-terrorism decision. The counter-terrorism laws of the USA, Britain and Germany are largely composed of previous prevention of terror and oppression of it later. They enacted the laws both for people and property. They also rearranged the power and role of governmental institutes on counter-terrorism. The contents of the counter-terrorism laws are specific, detailed and systematic. But the anti-terrorism law of China has restriction on the power and roles for previous prevention and oppression of terrorism, handling of people and property. This study reviewed the foreign countries' counter-terrorism laws and the way to connect the regulations on terrorism crimes of the revised Chinese criminal law and the anti-terrorism decision, when they enact the anti-terrorism laws in China in the future.

• Korean Security Journal
• /
• no.48
• /
• pp.259-285
• /
• 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.

• 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.

• 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.

• Journal of the Society of Disaster Information
• /
• v.15 no.1
• /
• pp.49-66
• /
• 2019

Purpose: This study aims to apply the counter terrorism policy in pertain to malicious drone abuse and the croweded public places in South Korea. And, to improve counter terrorism protection measure, this study suggests an adoptation of Anti UAV technology into counter terrorism related regulation. Method: Compared to nations' operations of counter terrorism prevention and protection activities with the South Korean gov, problems and limitations are suggested. Results: Anti UAV technology could not be applied for Multi-user facilities by any law due to the limitation, so that it is required to amend counte terrporism related policies and law. Conclusion: This study intends to identify various protection methods against UAV threats. To reduce the risk of UAV, the law of public safety and counter terrorism should be promoted and reinforced for the first.

• The Korean Journal of Air & Space Law and Policy
• /
• v.32 no.2
• /
• pp.155-188
• /
• 2017

On the one hand, the 4th Industrial Revolution provides a positive opportunity to build a new civilization paradigm for mankind. However, on the other hand, due to the 4th Industrial Revolution, artificial intelligence such as 'Goggle Alpha Go' revolutionized and even the human ability was replaced with a 'Silicon Chip' as the opportunity to communicate decreases, the existence of human beings is weakened. And there is a growing concern that the number of violent crimes, such as psychopath, which hunts humans as games, will increase. Moreover, recent international terrorism is being developed in a form similar to 'Psychopathic Violent-Crime' that indiscriminately attacks innocent people. So, the probability that terrorist organizations abuse the positive effects provided by the Fourth Industrial Revolution as means of terrorism is increasing. Therefore, the paradigm of aviation terrorism is expected to change in a way that attacks airport facilities and users rather than aircraft. Because airport facilities are crowded, and psychopathic terrorists are easily accessible. From this point of view, our counter terrorism system of aviation has many weak points in various aspects such as: (1) limitations of counter-terrorism center (2) inefficient on-site command and control system (3) separated organization for aviation security consultation (4) dispersed information collection function in government (5) vulnerable to cyber attack (6) lack of international cooperation network for aviation terrorism. Consequently, it is necessary to improve the domestic counter terrorism system of aviation so as to preemptively respond to the international terrorism. This study propose the following measures to improve the aviation security system by (1) create 'Aviation Special Judicial Police' (2) revise the anti-terrorism law and aviation security law (3) Strengthening the ability respond to terrorism in cyberspace (4) building an international cooperation network for aviation terrorism.

• Korean Security Journal
• /
• no.60
• /
• pp.155-173
• /
• 2019

This study touches upon the challenges of globalization, in which terrorism is one of the most brutal forms of criminal violence targeting innocent people. No country is immune from terrorist attacks, and no person is immune from becoming a victim. Interest in this topic is increasing as terrorism, in all its forms and manifestations, in its scale and intensity, and in its inhumanity and cruelty, is now becoming one of the most acute and pressing problems of global importance. Legal regulations passed in Mongolia in 2004 have established a structure to prevent and detect terrorist threats. However, the country's anti-terrorism policy should be improved with respect to its global counter-terrorism strategy. Because Mongolia is a comparatively safe country in the region, the people do not consider terrorism to be a real threat. This study aims to suggest methods to quickly raise awareness and create a security culture to improve Mongolia's long-term terrorism prevention policy. In particular, the authors review Mongolia's anti-terrorism policy, focusing on legal regulations, and suggest education methods to raise terrorism awareness for the public as a primary preventive measure. The study also presents a comparative analysis and a summary conclusion by examining international legal acts, conventions on new manifestations of terrorism, the foundations of laws and regulations of Mongolia, and related research on terrorism.