한국의 테러방지법 제정방향에 관한 연구: 외국의 입법 경험을 중심으로

Abstract

Today's terrorism is evolving in a way that threatens the social peace and national security by employing the various means to exert the indiscriminate attacks on the random majority, and therefore bringing about the wartime-level casualties and property damages. Amid the international community's efforts to legislate the counter terrorism law in search of a solution to the contemporary terrorist threats, the Republic of Korea has been pursuing the establishment of the counter terrorism(CT) law since the 16th regular session of the National Assembly in 2001; however, it has not been successful due to the controversies relating to the violation of the human rights. As a result, I analyzed on the CT law enactment cases of the advanced countries, such as the U.S. and the U.K. to get lessons for ROK`s CT law enactment. Through the analysis , the following common grounds have been found: ①the preparatory measures have been enhanced to prevent terrorism, ②the mechanism has been established in order to integrate and coordinate the decentralized counter terrorism functions by the numerous agencies, and thus systematically execute the counter terrorism activities, and ③the law enforcement right and the penalty in connection with terrorism and terrorism-related persons have been strengthened. Based on the lessons of these examples, the paper lays out the direction for the counter terrorism law, which is appropriate for the ROK's environment in consideration of the following : ①it should be focused on the terrorism prevention, ②the comprehensive response by the civil, government, and military is necessary for the effective CT activities, ③it should be enacted in a way that minimizes the recurrence of the terrorist attacks through severe punishment, and at the same time maximizes the protection of the human rights. As for the hot-debated issue of location of the integrated CT mechanism, it has been concluded that it is appropriate to have it installed within the National Intelligence Service for the following reasons: ①The National Intelligence service(NIS) has already established the Terrorism Information Integration Center under the NIS Law and the National Counter Terrorism Activity Guideline(AKA the Presidential Directive 47th), which has been the de facto integrated CT mechanism with similar roles and function. Should it be installed in other agencies, it will cause the unnecessary overlapping of the human and material resources, and thus the inefficiency of the government administration. The opposition that the NIS is incapable of the execution and therefore not suitable for the host agency of such CT mechanism is unreasonable since it neglects the fact that the NIS is the central administrative body in charge of the national security according to the law now in force.