Strengthening the Capacity of LAW Enforcement Agency in Line with the New Security Situation

Abstract

The Korean Peninsula is one and only divided country around the world, which has been divided since the cold war system caused by ideological conflict. In this context, there have been ideological conflicts in our Korean society. The North Korean spy cases or the unconstitutional dismissal of political party have been related to the national security issue up to now. Whenever such incidents break out, many issues heat up our society, including the existence and safety of our country, the meaning of democracy and the existence of people who are pro North Korea. However, such cases may not be seen from the prospect of ideological conflict, but from that of national law on how constitutional law and order will be established. Assurance of national security is a precondition to protect people‘s safety, life, freedom and rights. The Constitutional law Article 1-2 states that a nation´s sovereignty shall lie in people and all the rights of the nation shall come from people, which means the subject of a modern democracy and constitutional country. However, it is important that people herein means the whole people, and the interest of the entire nation takes precedence over that of an individual person. In this regard, the Constitutional law Article 37-2 states that all freedom and rights of the people may be limited by law in order to guarantee national security. Unlike in the past, all the rights of an accused person or a criminal defendant are now guaranteed according to the Constitutional law and laws even for national security related cases, including the principle of legal process, the presumption of innocence and the principle of legality. Therefore, national security related cases such as a spy case, does not depend only on such a suspect's own confession or evidence like in the past custom of investigation. Under the current legal system, it will be difficult to give criminal punishment, unless they have clear evidence on a spy or terrorist. The bottom line is that today's national security needs to be beyond the conventional concept, and be considered within a new paradigm where the concept of comprehensive security is focused across an individual and society. In order to ensure national security, it needs to be achieved based on each legal basis. The concept and scope of national security plans need to focus on the concept of comprehensive security, based on National Security Law, National Intelligence Service Act, spy and important counterespionage investigation, and important leftist investigation.