테러방지법령상 주요 쟁점사항에 대한 개정방향 연구

Abstract

In the process of Korea's enactment of the Anti-Terrorism Act from 2001, the pros and cons have been sharply confronted over the 15 years. In February 2016, the Anti-Terrorism Act for the protection of the citizens and public safety was enacted at the end of twists and turns, such as the presidency of the speaker of the National Assembly, a single vote of the ruling party, and an opposition parties's 192-hour filibuster. However, the Anti-Terrorism Act for the protection of the people and the public security that the purpose of enactment of the law is for the protection of the people as it is stated in the Act has been contrary to the reason of the uncertainty of the concept definition of the main terms, violation of the constitutional warrantism, infringement of fundamental rights of the people, a reinforcement of the power of National Intelligence Service(NIS). Therefore, in this paper, I would like to find out the cases of foreign legal regulations of several nations such as the United States, Britain, Germany, France, Australia, Canada, Swiss, Japan, China and Russia that have already established a national counter-terrorism system and are being in the process of strengthening counter-terrorism activities. And then I want to compare them with the provisions of the Anti-Terrorism Act in Korea. I will try to get the desirable suggestions for the revision direction of the Act in the future.