Legal Review of the Use of COUNTERRERRORISM Drones
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Purpose: This study aims to discuss the roles and responsibilities of state agencies using drones to prevent ter-rorism, which threatens national security, which is distinct from general criminal offenses. In this regard, first of all, we will look at the recent development status of drones and the definition of legal concepts, and then discuss the rational operation plan of drone use in the field of national security. In the use of drones for counterterrorism, in consideration of the legislative purpose of the Personal Information Protection Act, the principles of personal in-formation protection, rights of data subjects, and responsibilities of the state must be observed, and evidence under the Criminal Procedure Act. It is necessary to review exceptional regulations because it is a national security violation that mainly infringes on national legal interests. Method: Considering the increasing trend of drone use for crime prevention due to the recent development of advanced science and technology, the legality and requirements of drone use are discussed through literature research focusing on legal problems that can be a problem when using drones and related precedents. Results: In the case of crimes that threaten national security, such as terrorism, laws can limit the basic rights of the people. For this purpose, if a state agency uses drones, a serious violation of the basic rights of the people's privacy is involved. The legal basis for information and investigation activities must be clearly established. Conclusion: Therefore, It is necessary to meet the actuality of the crime, the necessity and urgency of the evi-dence preservation in order for Intelligence and Investigative agencies to collect evidence using drones for crimes of national security violations such as terrorism and to be recognized for their proof ability.
Abstract
Purpose: This study aims to discuss the roles and responsibilities of state agencies using drones to prevent ter-rorism, which threatens national security, which is distinct from general criminal offenses. In this regard, first of all, we will look at the recent development status of drones and the definition of legal concepts, and then discuss the rational operation plan of drone use in the field of national security. In the use of drones for counterterrorism, in consideration of the legislative purpose of the Personal Information Protection Act, the principles of personal in-formation protection, rights of data subjects, and responsibilities of the state must be observed, and evidence under the Criminal Procedure Act. It is necessary to review exceptional regulations because it is a national security violation that mainly infringes on national legal interests. Method: Considering the increasing trend of drone use for crime prevention due to the recent development of advanced science and technology, the legality and requirements of drone use are discussed through literature research focusing on legal problems that can be a problem when using drones and related precedents. Results: In the case of crimes that threaten national security, such as terrorism, laws can limit the basic rights of the people. For this purpose, if a state agency uses drones, a serious violation of the basic rights of the people's privacy is involved. The legal basis for information and investigation activities must be clearly established. Conclusion: Therefore, It is necessary to meet the actuality of the crime, the necessity and urgency of the evi-dence preservation in order for Intelligence and Investigative agencies to collect evidence using drones for crimes of national security violations such as terrorism and to be recognized for their proof ability.
참고문헌 (16)
- Yang Seong-don, "Research on Potential TERRORIST Threat and NATIONAL SECURITY Crimes", International Journal of Terrorism & National Security, 3(2), pp.8~14 (2018), J-INSTITUTE
- Yu Byung-hu, "Theoretical Approach to Radicalization and Violent Extremism that leads to TERRORISM", International Journal of Terrorism & National Security, 2(2), pp.12~18 (2017), J-INSTITUTE
- Yu Byung-hu, "Transnational Security Threat and Change of COUNTERTERRORISM Intelligence Environment", International Journal of Terrorism & National Security, 4(1), pp.9~14 (2019), J-INSTITUTE
- Lee DH, "Legal Issues and Prospects Regulating Drones", Law & Technology, 12(4), pp.74~90 (2016)
- 윤지영, "법집행기관의 드론 이용에 관한 법적 쟁점과 입법적 개선 방안", 형사법의 신동향, (51), pp.108~137 (2016), 대검찰청[DOI]
- Kim SW, "Regulations Concerning Police Drones: Focusing upon Relevant United States’ State Acts and Their Implications in South Korea", Review on Global Enterprise Law at KHU, 8(1), pp.199~235 (2015)
- 박주희, "폴리스캠ㆍ드론 활용에 따른 공공부문 개인영상정보 규율체계 방향", 법조, 69(2), pp.114~143 (2020), 법조협회[DOI]
- Provide CCTV Video Information on Missing Chil-dren and Runaways by the National Police Agency, "Personal Information Protection Commission", Resolution, ~ (2019)
- Introduction of Act and Guideline in Personal Information, "Ministry of the Interior and Safety", Ministry of the Interior and Safety, ~ (2016)
- CCTV Video Information Processing to Support Integrated Defense Operations in Boryeong City, "Personal Information Protection Commission", Resolution, ~ (2019)
- Request to Provide Video Information from the Integrated Control Center Owned by Local Governments to Respond to the United Defense Situa-tion of Local Responsible Units, "Personal Information Protection Commission", Resolution, ~ (2019)
- "Korea Supreme Court 99Do2317 Judgement", ~ (2020)
- "Korea Supreme Court 2013Do2511 Judgement", ~ (2020)
- 서보학, "위법수집증거의 쟁점 : 독수독과의 원칙과 예외, 사인이 위법수집한 증거의 증거능력", 형사정책연구, 20(3), pp.31~59 (2009), 한국형사법무정책연구원
- "Korea Supreme Court 2007Do3016 Judgement", ~ (2020)