테러 발생 시 국가 수사권 운용과 관련된 미국의 법률과 사례 연구

Abstract

Considering the U.S. practices, intelligence and criminal investigation should be equally well tuned for the counterterrorism laws and policy practices. Yet, in Korea, the state counterterrorism investigation tools seem to be relatively neglected with the respect of their legal, institutional, and policy practicing matters. Accordingly, it is timely to discuss on the legal, institutional, and policy practicing issues related to the state counterterrorism investigation responding to a terrorist attack. Based on such awareness, it is meaningful to examine that the state agencies can utilize its already-given legitimate investigation authorities against terrorist suspects after a terrorist incident without a separate legislation or a revision of law. For example, in this discussion can be included whether the existing ‘Landesverrat’ within the Korean criminal law could be applied for the counterterrorism investigation, and whether NIS (National Intelligence Service) can legitimately investigate not only North Korea but also international terrorist organizations as a hostile foreign state or foreign entity against the Republic of Korea by means of such ‘Landesverrat’. This article seeks for the answer to such inquiries by investigating and examining the U.S. cases and experience. For doing so, it attempts to uncover lessons for the Korean context. In the War against Terrorism for the last decades, the U.S. has substantially accumulated experience and know-how, which could provide us with valuable lessons. Especially, the U.S. could be a relatively more meaningful reference in that she is a liberal democracy emphasizing Civil Rights and rule of law just like the Republic of Korea. Even if the U.S. laws are different from the Korean counterparts, the U.S. cases well prove that the existing legal tools can be effectively used for the practices of the state investigation after a terror attack. These lessons set an sample to us for our counterterrorism investigation practices.