A Study on the Rationale of CYBER TERRORISM Prevention Act in ROK -Where Does the State's Obligation to Prevent Cyber Terror Originate?-
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In early 2016, the Republic of Korea enacted the "Anti-Terrorism Act for the Protection of the Korean People and Public Safety" and provided the testimony to counter terrorism crimes by international terrorist groups including IS. On the other hand, the legislative response to cyber terrorism, which is more important than the traditional terror crime in terms of the severity and repeatability of the damage, has been insufficient. In this situation, the government of the Republic of Korea deliberated and voted on the "National Cyber Security Bill" in December 2016. Despite the existence of the Anti-Terror Law, there may be criticism that the enactment of a special law for cyber terrorism is unduly violating the fundamental rights of the people. Therefore, it is necessary to first examine whether a separate legislative response is required because cyber terrorism has some difference from traditional terrorism. In this paper, cyber terrorism originated from traditional terrorism, Since the substance is a totally different crime, we need to respond to it separately from terrorist crime, confirming that the legitimacy of the enactment of the special law is guaranteed. In addition, if the necessity is recognized, the special law has the possibility of restricting the freedom of expression in the basic rights of the people, especially in the online space. Therefore, the philosophical basis of the restriction is examined. In this study, It was found in the fundamental purpose of the state and described it as a specific expression of the obligation to protect the basic rights of the state. In addition, the hypothesis that cyber terrorism can be regarded as a new type of risk source proposed by Ulrich Beck also emphasized the necessity of preemptive response before the occurrence of cyber terrorism in response to the risk source. Of course, can not infringe the essential content of the basic rights in the process.
Abstract
In early 2016, the Republic of Korea enacted the "Anti-Terrorism Act for the Protection of the Korean People and Public Safety" and provided the testimony to counter terrorism crimes by international terrorist groups including IS. On the other hand, the legislative response to cyber terrorism, which is more important than the traditional terror crime in terms of the severity and repeatability of the damage, has been insufficient. In this situation, the government of the Republic of Korea deliberated and voted on the "National Cyber Security Bill" in December 2016. Despite the existence of the Anti-Terror Law, there may be criticism that the enactment of a special law for cyber terrorism is unduly violating the fundamental rights of the people. Therefore, it is necessary to first examine whether a separate legislative response is required because cyber terrorism has some difference from traditional terrorism. In this paper, cyber terrorism originated from traditional terrorism, Since the substance is a totally different crime, we need to respond to it separately from terrorist crime, confirming that the legitimacy of the enactment of the special law is guaranteed. In addition, if the necessity is recognized, the special law has the possibility of restricting the freedom of expression in the basic rights of the people, especially in the online space. Therefore, the philosophical basis of the restriction is examined. In this study, It was found in the fundamental purpose of the state and described it as a specific expression of the obligation to protect the basic rights of the state. In addition, the hypothesis that cyber terrorism can be regarded as a new type of risk source proposed by Ulrich Beck also emphasized the necessity of preemptive response before the occurrence of cyber terrorism in response to the risk source. Of course, can not infringe the essential content of the basic rights in the process.
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