• Title/Summary/Keyword: The Anti-Terrorism Act

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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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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.

A Study on Improving Measures against Terrorism in Metropolitan Subways (지하철내 테러대응 개선방안의 연구)

  • Park, Woong-Shin
    • Korean Security Journal
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    • no.50
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    • pp.91-115
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    • 2017
  • Recently the characteristics of those who committed serious terrorist crimes are not directly related to the direct command system of a specific terrorist organization (ex. IS) but are influenced by the political propaganda of terrorist organizations online, Terrorist crime under the loose form of the terrorist organization. Therefore, this study suggests ways to improve countermeasures against terrorism in metropolitan subways. Although it is important for the prevention of terrorism in the subway, it is important for the police officers of the subway police and the special police officers of the railway to have a physical limit to take charge of them, and after confirming that improvement measures are necessary, And pointed out the possibility of establishing independent security departments where judicial and administrative control is not feasible to grant police rights. In addition, I pointed out how to improve the safety of subways in the metropolitan area through the recruitment of core job candidates and the identity survey during the subway operation. Furthermore, it was confirmed that a special council on terrorism, which can take into consideration the characteristics of subway terrorism, such as airports and ports, is required to be established in charge of terrorism prevention under the current Anti-Terrorism Act. Finally, it is once again emphasized that the strengthening of the powers of the counterparts to terrorism must inevitably limit the basic rights of the people, so the principle of proportionality must be observed in their activities.

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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.

A Study on the Response Plan through the Analysis of North Korea's Drones Terrorism at Critical National Facilities - Focusing on Improvement of Laws and Systems - (국가중요시설에 대한 북한의 드론테러 위협 분석을 통한 대응방안 연구 - 법적·제도적 개선을 중심으로 -)

  • Choong soo Ha
    • Journal of the Society of Disaster Information
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    • v.19 no.2
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    • pp.395-410
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    • 2023
  • Purpose: The purpose of this study was to analyze the current state of drone terrorism response at such critical national facilities and derive improvements, especially to identify problems in laws and systems to effectively utilize the anti-drone system and present directions for improvement. Method: A qualitative research method was used for this study by analyzing a variety of issues not discussed in existing research papers and policy documents through in-depth interviews with subject matter experts. In-depth interviews were conducted based on 12 semi-structured interviews by selecting 16 experts in the field of anti-drone and terrorism in Korea. The interview contents were recorded with the prior consent of the study participants, transcribed back to the Korean file, and problems and improvement measures were derived through coding. For this, the threats and types were analyzed based on the cases of drone terrorism occurring abroad and measures to establish anti-drone system were researched from the perspective of laws and systems by evaluating the possibility of drone terrorism in the Republic of Korea. Result: As a result of the study, improvements to some of the problems that need to be preceded in order to effectively respond to drone terrorism at critical national facilities in the Republic of Korea, have been identified. First, terminologies related to critical national facilities and drone terrorism should be clearly defined and reflected in the Integrated Defense Act and the Terrorism Prevention Act. Second, the current concept of protection of critical national facilities should evolve from the current ground-oriented protection to a three-dimensional protection concept that considers air threats and the Integrated Defense Act should reflect a plan to effectively install the anti-drone system that can materialize the concept. Third, a special law against flying over critical national facilities should be enacted. To this end, legislation should be enacted to expand designated facilities subject to flight restrictions while minimizing the range of no fly zone, but the law should be revised so that the two wings of "drone industry development" and "protection of critical national facilities" can develop in a balanced manner. Fourth, illegal flight response system and related systems should be improved and reestablished. For example, it is necessary to prepare a unified manual for general matters, but thorough preparation should be made by customizing it according to the characteristics of each facility, expanding professional manpower, and enhancing response training. Conclusion: The focus of this study is to present directions for policy and technology development to establish an anti-drone system that can effectively respond to drone terrorism and illegal drones at critical national facilities going forward.

An Analysis of News Coverage on the Filibuster for the Anti-Terrorism Act (테러방지법 필리버스터에 대한 언론의 보도태도 비교 분석)

  • Choi, Jinbong
    • The Journal of the Korea Contents Association
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    • v.20 no.9
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    • pp.195-207
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    • 2020
  • This study aims to analyze how the Korean liberal and conservative newspapers cover the filibuster for blocking the passage of the anti-terrorism act for the protection of citizens and public security by the main opposition party. For the comparative analysis of the Korean liberal and conservative newspapers, this study analyzes how the newspapers used news frame, news source, key word, and news theme. To analyze the effects on news coverage of the newspapers' ideological orientation, this study selects six newspapers: Hankyoreh Shinmun, Kyunghyang Shinmun, Ohmynews from liberal newspapers and Chosun Ilbo, Donga Ilbo, Joongang Ilbo from conservative newspapers. According to research findings, the liberal and conservative newspapers show clear distinction while using news frames when the newspapers cover the filibuster. The liberal newspapers cover the filibuster as a positive political action while the conservative newspapers cover the filibuster as a negative political action. In addition, as key word, "disturbance" is mentioned most by the conservative newspapers while "poisonous clauses" is used most by the liberal newspapers. As a result, this study shows that newspapers are influenced by ideological orientations while covering political issues.

An Analysis of Terrorism against Korea to Overseas and its Implications - Focusing on the companies advancing to overseas - (한국을 대상으로 한 국제테러리즘의 분석과 시사점 - 해외진출기업을 중심으로 -)

  • Chang, Suk-Heon;Lee, Dae-Sung
    • Korean Security Journal
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    • no.28
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    • pp.153-179
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    • 2011
  • Korea has been a victim of State supporting terrorism by North Korea even before international society realize the terrorism threats because of 9.11 in US. However, state supporting terrorism against South Korea by North Korea went along with East/West Cold War System by US and the Soviet Union. It is because socialism that Kim Il-sung who established a separate government in North Korea with the political, economic, social and military support of the Soviet Union selected as his political ideology justifies terrorism as the tool to complete the proletariat revolution. North Korea's state supporting terrorism is being operated systematically and efficiently by military of North Korea. It gives big worries to international society not only by performing terrorism against Korea but also by dispatching terrorists and exporting terrorism strategies to the third world countries. In this situation, terrorism against Korea has met a new transition point at 9${\cdot}$11 in US. As South Korea is confronting North Korea and the war has not ended but suspended, the alliance between US and Korea is more important than anything else. Because of this Korea decided to support the anti-terrorism wars against Afghanistan and Iraq of US and other western countries and send military force there. The preface of the anti-terrorism war has begun as such. On October 7, 2001, US and UK started to attack Afghanistan and Taleban government in Afghanistan was dethroned on December 7, 2001. US and western countries started a war against Iraq on March 20, 2003. On April 9, 2003 Baghdad, the capital of Iraq fell, and Saddam Hussein al-Majid al-Awja government was expelled. During the process, the terrorism threat against South Korea has expanded to Arab terrorists and terrorism organizations as well as North Korea. Consequently, although Korean government, scholars and working level public servants made discussions and tried to seek countermeasures, the damages are extending. Accordingly, terrorism against Korean companies in overseas after 9${\cdot}$11 were analyzed focusing on Nation, Region, Victimology, and Weapons used for the attacks. Especially, the trend of terrorism against the Korean companies in overseas was discussed by classifying them chronologically such as initiation and termination of anti-terrorism wars against Afghanistan and Iraq, and from the execution of Iraqi President, Saddam Hussein al-Majid al-Awja to December 2010. Through this, possible terrorism incidents after the execution of Osama bin Laden, the leader of Al-Qaeda, on May 2, 2011 were projected and proposals were made for the countermeasures.

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A Study on the Improvement of Aviation Security System for the Prevention of Terrorism in Aircraft - Focusing on the Prevention, Preparedness, Response and Punishment Regulations of the Aviation Security Act -

  • Moon, Hyeon-Cheol
    • Journal of the Korea Society of Computer and Information
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    • v.25 no.4
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    • pp.189-195
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    • 2020
  • The whole world is anxious that aircraft could be used as a tool for terrorism after 9/11. The disappearance of Malaysia Airlines is again adding to fears about aircraft. Because these aircraft attacks cause many human casualties, the purpose of the study is to analyze the problems in the current air security system and to present alternatives. The methodology of the study used a literature research methodology to review the current status of aircraft terrorism and related regulations, such as current aviation-related laws and anti-terrorism laws, and prior studies. The purpose of the Chapter is to present an aviation security system that promotes the safety of air traffic through the prevention of aircraft terror by presenting the roles and improvement measures of aviation security personnel, foreign police officers, intelligence agencies, and legal blind spots and flaws.

An Empirical Study on Korea's Open and Integrated Counter-Terrorism System (한국의 개방・통합형 대테러시스템에 관한 실증적 연구)

  • Kwon, Jeong-Hoon
    • Korean Security Journal
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    • no.57
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    • pp.137-156
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    • 2018
  • The purpose of this study is to analyze the current status of counter terrorism system and to identify the causes of problems and to suggest alternatives by selecting legal and operational sectors based on theories of open systems and integrated systems. According to the results of the research, first, the degree of agreement on the open system and the integrated system is low with regard to the characteristics of the counter-terrorism system. Second, in relation to the importance and necessity of major factors of construction and operation of counter-terrorism system, counter-terrorism workers recognize that it is the most important and necessary. In the case of strengthening international cooperative system, the difference of recognition between importance and necessity was the biggest. The importance and necessity of reviewing the Anti-Terrorism Act for the protection of the public and public safety were relatively low, and the cooperation with the private sector showed the lowest importance and necessity. In the case of academic achievement, the average level of high school graduates is higher than that of professional high school graduates. Therefore, this research concludes that counter terrorism operation system with open and integrated system has to be applied to national counter terrorism operation structure in South Korea in increasing the quality and efficiency of nation counter terrorism response capability.

A Study on Improvement Measures to Strengthen the Police's Ability to Respond to CBRN Terrorism at the Scene (경찰의 화생방테러 현장대응역량 강화를 위한 개선방안 연구)

  • Lee, Deok-Jae;Song, Chang Geun
    • Journal of Convergence for Information Technology
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    • v.12 no.5
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    • pp.116-125
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    • 2022
  • Recent aspects of terrorism varies in various ways according to means, targets, and regions. In particular, the 9/11 terrorist attacks in the United States in 2001 changed the paradigm of each country's terrorism, and the South Korea also participated in the enactment and enforcement of the Anti-Terrorism Act in 2016. Based on this, CBRN terrorism is included in general terrorism, and the National Police Agency plays the role of a control tower, and a system supported by related organizations such as the Ministry of Environment is being built and operated. However, restrictions were confirmed in the organizational system, manpower composition, and equipment and materials in operation in preparation for CBRN within the police. Based on the identified limitations, we proposed improvement plans to strengthen the capacity for CBRN terrorism: establishing a dedicated CBRN organization; creating research organization; and securing additional dedicated personnel. Based on this, as an improvement plan to strengthen the capability of CBRN, the establishment of an organization dedicated to CBRN and a research organization within the National Police Agency, and expansion of electronic equipment suitable for the characteristics of CBRN were proposed. It is expected that the police's on-site response capability system for CBRN terrorism will be strengthened via the proposed improvement measures to recover the various restrictions on the response to CBRN terrorism.