• Title/Summary/Keyword: Anti-Terrorism

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Criminal Justice Policy against Terrorism in China

  • Xuan, Song-He
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.12
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    • pp.213-218
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    • 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.

Unconstitutionality of Call to Arms for Police Action (치안활동을 위한 군병력동원의 위헌여부에 관한 고찰)

  • Cho, Sung-Je
    • 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.

Review for the Enactment of Anti-Terrorism Law in China: Comparing it to those in the USA, Britain and Germany (중국의 반(反)테러리즘법 제정을 위한 검토: 미국.영국.독일과 비교하여)

  • Lee, Dae Sung;Ahn, Young Kyu
    • Convergence Security Journal
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    • v.14 no.6_1
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    • pp.45-55
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    • 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.

Suggestion on the Convention for Anti-Terrorism of North Eastern Asian Countries: Focusing on Tendency Analysis of Regional International Conventions (동북아시아 국가들의 대(對)테러리즘 관련 협약체결을 위한 제언: 지역별 국제협약의 경향분석을 중심으로)

  • Lee, Dae Sung;Ahn, Young Kyu
    • Convergence Security Journal
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    • v.15 no.1
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    • pp.19-26
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    • 2015
  • The threat of international terrorism has been increasing in international society. It could be no exception in northeastern Asian countries. First, north eastern Asian countries have exercised influences on many areas in international society such as politics, military and diplomacy. So international terrorism could occur in the countries. Second, as the north eastern Asian countries such as Korea, China, Russia and Japan have their own unique politics, religions, ethnic group and culture, terrorism have happened or could happen in their own countries. In this research, it will analyze the tendency of seven regional international conventions on anti-terrorism of international society. The result is as follows. It dealt with the following issues. 1. Reason and purpose of terrorism, 2. Contents of conventions on anti-terrorism, 3. Psychological and physical aspects of attacking types of terrorism, 4. Personal and physical aspects of damage of terrorism, 5. Hard targets and soft targets of victims of terrorism. It could be necessary for the north eastern Asian countries to review regional international convention on anti-terrorism based on this.

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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A Study of Terrorism Response System and Development in Korea (한국의 테러리즘 대응 체계와 발전방안 관한 연구)

  • Kim, Jong-Ryul;Kim, Chang-Ho
    • 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.

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A Study on the Patterns of New Terrorism through the Comparative Analysis with Conventional Terrorism (고전적 테러리즘과의 비교 분석을 통한 뉴 테러리즘 양상에 대한 연구)

  • Song, Jae-Hyeong
    • Journal of National Security and Military Science
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    • s.1
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    • pp.113-154
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    • 2003
  • We can feel the fear through the reports of outbreaking centers of terror. Also, we noticed through "the 9.11 terror" that there exists no safety zone from terrorism. However, we should question ourselves whether we are relaxing attention or ceasing anxiety too much in the perimeter, as in the peninsula of Korea. Through "the 9.11 terror", the vulnerability of the United State's homeland security has been exposed, giving a serious damage to the national pride. President Bush started the war against terror to strengthen global joints of anti-terrorism, identify terrorists and contribute to the global peace, adopting offensive realism including preemptive attack concept which means to remove the threat preemptively. In today's reality of international politics, where the inhuman, indiscriminate, and anti-civilizational international terror became greater, extending to the stage of war, the international societies' agony and focus lies on how to banish it. The 9.11 terrorism, which is a new form of terrorism, is being distinguished from conventional terrorism into new terrorism. New terrorism is a new form of terrorism meaning that you do not know the enemy, the goal does not exist and they conscientiously use the weapons of mass destruction. This paper is a work meant to help understanding new terrorism, the new form, by a comparative analysis with the conventional terrorism. Therefore the origin, concept and general characteristics new terrorism is picked out and the representative forms of it, which are suicide bombing, cyber, biochemical and nuclear terrorism, are analyzed in detail in theoretical manner.

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Proposal on for Response System to primary leaders' Terrorism (국가요인 테러리즘의 대응체제 구축방안)

  • Suh, Sang-Yul
    • Korean Security Journal
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    • no.11
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    • pp.61-86
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    • 2006
  • Various terrorism in modern society against nation's dignitaries are constantly existing. They damage severely to the society and the nation's security, and they cause disorganizations of social and national rule orders. In order to provide the key figures' perfect protection, the threatening terroizing environment for primary leaders and the route of terrorism should be intercepted. Effective methods of these are summarized as follow. First, recent terrorism against the primary leaders are mostly assassinations, bomb attacks, and suicide bomb attacks, which terminate in a moment. Therefore, security service agents should keep in mind that protection is the best, and government's anti-terrorism agencies should develop policies and set the directions within a new paradigm to the advance anti-terrorism. Second, advance prevention activities against nation's VIP terrorism should be strengthened, such as strengthening security informational activities, constructing cooperative systems of domestic and international facilities, considering continuous system to prevent terrorism, and intensifying safety counterplans of human and material weak points. Third, international cooperative system should be set to apply economical and political sanctions to nations which support terror organizations in direct or indirect ways, and this system needs to strengthen the punishment against terrorists. Fourth, security systems to protect nation's primary leaders should complement, and developing programs for coping with the terrorism and establishing laws for anti-terrorism should be made. Also, educational training of agents who perform anti-terrorism duties should be strengthened, and scientific techniques and equipment for security should be made to protect primary leaders from terrorism.

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Counter-Terrorism Policy of Mongolia: Raising Awareness on Terrorism (몽골의 대테러 정책: 테러인식 제고)

  • Urangoo, Khash-Erdene;Lee, Ju-Lak
    • Korean Security Journal
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    • no.60
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    • pp.155-173
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    • 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.

A Microeconomic Analysis on Terrorism and Anti-terror Policies (테러와 테러정책에 대한 미시경제학적 분석)

  • Choe, Hyo-Cheol
    • Journal of National Security and Military Science
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    • s.2
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    • pp.201-235
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    • 2004
  • This paper provides a simple microeconomic model of terrorist attcks and anti-terrorism policies. The terrorists can be characterised as rational actors, choosing between legal activities and terrorist activities to promote their political goals. Since their resources are limited, one can think of anti-terrorist policies by examining how such policies affect the objectives and constraints of terrorists. Deterrence policy seeks to reduce terrorist attacks by raising the cost of undertaking terrorist acts. Proactive policy aims at preventing attacks by destroying terrorists' resources (fund, personnel, leadership). This paper suggests another type of anti-terrorist policy which is to reduce the benefits of (or in other words, raising the opportunity costs of) terrorist acts. Such a policy is based on decentralisation in political decision-making and economic power.

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