테러방지법상 테러행위의 사전방지를 위한 제도적 개선 방안 연구

Abstract

Terrorism refers to an act in which an individual or an organization with a specific purpose causes social panic by exercising violence in a variety of ways including murder, kidnapping, and destruction. In other words, terrorism is a very dangerous act, such as killing people or destroying and overturning facilities for the purpose of hindering the activities of the nation or threatening the public. The Anti-terrorism Act aims to protect the lives and property of the people and to ensure the safety of the nation by stipulating matters related to prevention and countermeasures against terrorism. Nevertheless, in reality, our society is always threatened by terrorism. The current Anti-terrorism Act also points out things that are not realistic in preventing terrorism. First of all, the current law stipulates counter-terrorism activities and investigation to prevent terrorism acts in advance. However, its concept and functions such as its scope and limitations, the establishment of countermeasure, and the elimination of vulnerable terrorism factors are not clear and many ambiguities exist. There are imbalances and incongruities between the laws related to terrorism. In particular, there is a problem of the dispersion and duplication of information laws related to terrorism. In addition, there is a lack of uniformity of work due to the dispersion of agencies responsible for counter-terrorism work, and communication difficulties arise in the rapid and accurate response due to the nature of terrorism work. In other words, there is no terrorism work control tower, and the communication of terrorism work is not smooth because there is no organization of terrorism experts. There is no specialized government organization and system to prevent cyber terrorism, which has a large proportion of recent terrorism attacks. Therefore, when a cyber terrorism occurs, the ability to cope with cyber terrorism is limited, chaos increases and the damage is also enormous In addition, since most international terrorists enter into Korea through airports or ports, immigration control is still uneasy. For these problems, the advance prevention of terrorism and the immediate suppression of terrorism activity are priority. The important matter is the cooperative obligation of the nation and the people who are the subject of counter-terrorism as a means of institutional improvement of the terrorism prevention law against realistic terrorism acts. In particular, as counter-terrorism activities of a country, human management and safety management of various facilities are important. To this end, it is important to collect and manage information in advance as a counter-terrorism process. Education and training for the advance preparation of terrorism are important, and an international coordination system is also important. Therefore, a systematic and comprehensive system for preventing terrorism is important. In other words, the coordination of the organizational system of each governmental organization for counter-terrorism is very necessary for establishing a rapid command system among the agencies, so a control tower is required by all means. It is also necessary to integrate legal systems to prevent terrorism and to integrate or converge each law based on the current Anti-Terrorism Act. In addition, cooperation between the government and the private sector is very important for preventing terrorism. As cyber terrorism is very frequent recently, there is a need for an integrated management agency and a system for securing rapid and effective response to cyber terrorism according to occurrence causes and attack aspects. In other words, it is important to strengthen cyber security capabilities at the government level to strengthen response to the cyber terrorism, to develop cyber security core technologies, to cultivate elite personnel, and to expand the cooperation system internationally and between the country and the industry. In addition, thorough immigration control against dangerous persons of international terrorism is important, and it is also necessary to immediately evict the terrorism suspects (foreigners) from Korea. In order to prevent terrorism in advance or for rapid response to terrorism in the current Anti-Terrorism Act, the integration and convergence of laws, the enactment of laws and regulations on cyber terrorism, and the thoroughness of counter-terrorism activities based on the Anti-Terrorism Act are important. In order to do so, it is necessary to supplement or improve the current Anti-Terrorism Act.