• Title/Summary/Keyword: Enactment of Anti-terrorism Law

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Enactment of Anti-terrorism law In the Third World And The Instruction for Us (제3세계 국가의 테러방지법제정과 우리나라에 있어서 시사점)

  • Cho, Sung-Je;Soung, Jea-Hyen
    • 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.

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.

A Study on the Establishment of Anti-Drone Concept and Effective Response System (안티드론 개념 정립 및 효과적인 대응체계 수립에 관한 연구)

  • Lee, Donghyuk;Kang, Wook
    • Korean Security Journal
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    • no.60
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    • pp.9-31
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    • 2019
  • Due to the development of technology and popularization of drone, the so-called "dirty drone" that exploits drones for crimes and terrorism has become a social problem, and it is time to seriously consider the "revenge of drones." Indeed, the cases of threats posed by drones are expanding not only to threats to ground facilities, but also to aviation safety threats, more recently to large-scale events, demonstrations and crimes targeting specific personnel, and terrorism. This research clearly defined the concept of anti-drone when it emerged as a new type of social safety threat as it was abused in crime and terrorism, while response to it was not enough yet. Through this process, it was intended to present an effective anti-drones system. We analyzed the major controversial elements of anti-drone, and defined them as "comprehensive response activities at the legal, institutional and technical levels performed by law enforcement agencies, related technology and industrial entities in a way that prevents, detects, and blocks acts that violate public well-being and order, such as crimes and terrorism caused by the drones." To effectively respond to dirty drones, the authority of law enforcement agencies and the enactment of relevant laws were proposed. In the future, a comprehensive and systematic follow-up study of the anti system should be conducted.