테러방지법상 국정원 정보수집권한에 대한 개정논의 - 최근 독일 연방헌법재판소의 판결과의 비교검토 -

Abstract

In recent of terrorist crime cases, terrorist criminals no longer need to be trained to manufacture bombs or use weapons at the base of a terrorist organization, and they also no longer need to acquire weapons and hide them. This is because Terror crime is no longer committed by the use of explosives or weapons but by driving cars such as cars, vans and trucks. A typical example is the case of Nice Truck terror in France in 2016. In addition, in recent years, the trend has been to attack indiscriminate attacks that have no specific goals unlike those of terrorist groups of the past. In other words, without targeting specific terrorist crimes, citizens, tourists, foreigners, police, soldiers, men and women, regardless of the target, and also targets the unspecified number of people in public places. Unfortunately, it is becoming clear that there is virtually no way to prevent this type of attack. Recently, in Germany, there has been a demand for the amendment of the basic law and Federal Criminal Police Office Act to prevent terror crime. Through fierce debate on the issue of preventing terror crime in domestic affairs, the federal government had reached an agreement on the revision of the Basic Law and Federal Criminal Police Office Act. But the contents of Federal Criminal Police Office Act were discussed in relation to Basic Right, and came to the conclusion of the Federal Constitutional Court, unconstitutional in 2016. Most of the cases for the prevention of the terrorist crime and the prevention of risk to the lives and bodies of the majority of the people are more urgent than those of the other crimes. Nevertheless, if there is anything to be kept in mind, then it is necessary to put the grounds in the law for serious matters, such as basic rights. It is the task of the legislator to find a balance between the limitation of basic rights and the duty of the state to protect the lives and the body of the people, then Legislators should not overlook the fact that most of the problematic powers enable serious restrictions on the private sector and, in some cases, allow for the monitoring of private spaces specifically protected in connection with the guarantee of human dignity, The importance of prevention should be considered.