본문 바로가기
KERD
논문KCI 등재

A Policy Proposal on the Counter-terrorism Directive of the Ministry of National Defense

0

조회

0

다운로드

0

인용

0

참고문헌

키워드

초록

This study aims to examine the history, legal character, and limitations of the 'Counterterrorism Directive of the Ministry of National Defense' and propose directions for revising relevant laws to overcome these limitations. The 'Counterterrorism Directive of the Ministry of National Defense' is an administrative rule and internal regulation that cannot serve as a legal basis to infringe upon the basic rights of citizens or restrict their freedom. The 'Counterterrorism Directive of the Ministry of National Defense' is an administrative rule and internal regulation that cannot serve as a legal basis to infringe upon the basic rights of citizens or restrict their freedom. There is also a concern that the overlapping involvement of the Defense Counterintelligence Command and the Criminal Investigation Command of the Ministry of National Defense in counterterrorism investigations could lead to confusion during the initial stages of the investigation. Therefore, it is necessary to revise the relevant laws to ensure legal control over the military's counterterrorism investigations and the collection of information on terrorist suspects, and the reevaluation of the counterterrorism investigative agency for military facilities should be conducted.

Abstract

This study aims to examine the history, legal character, and limitations of the 'Counterterrorism Directive of the Ministry of National Defense' and propose directions for revising relevant laws to overcome these limitations. The 'Counterterrorism Directive of the Ministry of National Defense' is an administrative rule and internal regulation that cannot serve as a legal basis to infringe upon the basic rights of citizens or restrict their freedom. The 'Counterterrorism Directive of the Ministry of National Defense' is an administrative rule and internal regulation that cannot serve as a legal basis to infringe upon the basic rights of citizens or restrict their freedom. There is also a concern that the overlapping involvement of the Defense Counterintelligence Command and the Criminal Investigation Command of the Ministry of National Defense in counterterrorism investigations could lead to confusion during the initial stages of the investigation. Therefore, it is necessary to revise the relevant laws to ensure legal control over the military's counterterrorism investigations and the collection of information on terrorist suspects, and the reevaluation of the counterterrorism investigative agency for military facilities should be conducted.

참고문헌 (12)

  1. Cho, Seong Gyu, "A Study on the Legal Disappearance of Administrative Regulations", Administrative Law Review, 31, pp.164~ (2011)
  2. "Constitutional Court of Korea. 2014: 2016HunMa204, 2008: 2008HunMa496", ~ (2014)
  3. Kim, Yong Seop, "Concept of Legislation and Administrative Regulations", Journal of Public Law. Korean Public Law Association, 44(1), pp.414~ (2015)
  4. Lee, Dae Sung, "A Study on the Necessity of Anti-terrorism Act", Korean Police Science Review, 9(1), pp.118~121 (2005)
  5. 이대성, "현행 「국가대테러활동지침」에 대한 비판적 검토", 한국테러학회보, 7(1), pp.133~146 (2014), 한국테러학회
  6. Lee, Keun Ho, "Interpretation of Legal Compliance of Administrative Regulations" (2016), Legislative Research Institute
  7. Ministry of the Interior and Safety, "Regulations on the Efficient Operation of Administrative Tasks" (2011), Ministry of Government Legislation
  8. National Counter Terrorism Center, "Counter-terrorism Act for the Protection of Citizens and Public Security" (2022), Ministry of Justice
  9. National Intelligence Service Terrorism Information Integration Center, "International Terrorism Assessment for 2021 and Outlook for 2022" (2022), National Intelligence Service
  10. 박웅신, "테러방지법상 조사권의 문제점과 개선방안에 관한 연구", 성균관법학, 29(2), pp.179~204 (2017), 법학연구원[DOI]
  11. Policy Planning Office, Ministry of National Defense, "Ministry of National Defense Directive on Counterterrorism Activities" (2022), Ministry of National Defense
  12. Seok, Jong Hyun, "A Study on the Legal Nature of Administrative Regulations", Journal of Land and Public Law, 30, pp.364~ (2006)

관련 논문AI추천

이 간행물의 다른 논문 (5건)