한국의 국민보호와 공공안전을 위한 테러방지법 운영 실태 및 개선방안에 관한 연구

Abstract

The anti-terrorism law legislation (2016.3) is meant to establish an institutional foundation for anti-terrorism administration at the national level, while providing a basis for investigating terrorist crimes by prosecutors and police, and enhancing its role as a member of the international community. However, many problems have been raised in the legislative process, including labor, authority, human rights violations, ambiguity in the definition of anti-terrorism laws, controversy over the NIS empowerment, unconstitutionality of military mobilization, human rights protection officers and the effectiveness of the law itself. Accordingly, it is meaningful to consider legislative examples and operations of advanced countries such as the U.S., the U.K., Germany, France, and Canada, and benchmark these issues against Korea. Major countries are strengthening information activities, including effective communication, Internet eavesdropping, and monitoring of terrorist risk figures, to actively respond to the international terrorist environment, including lonely wolf-type self-terrorism and increased possibility of exploiting new technologies such as drones. Since the legislation, there have been no cases of human rights violations as a result of the operation of the law. The law system should be improved to ensure that intelligence agencies and anti-terrorism-related agencies can collect terrorist information well, but the law should be revised to ensure the basic rights of the people and to prevent human rights violations. In addition, the military's entry into terrorist sites, which has a dispute over unconstitutionality, should at least provide a legal basis for the military's initial response to the Terrorism Prevention Act to prevent the spread of terrorist damage. Also, as seen in the September 11 attacks and Paris attacks, the lack of information sharing should not make a mistake. In order to further solidify the information sharing and integration system among related agencies such as the NIS, police, and military, the anti-terrorism law should be enacted. The government should also seek harmony between human rights and security. Under the Enforcement Decree of the Anti-Terrorism Act, anti-terrorism human rights protection officers should be able to function well. In order to prevent human rights violations in advance, human rights protection officers should actively participate in the process of establishing and implementing policies, and related agencies should actively seek legal advice on security grounds.