생물테러범죄에 대한 형사법적 소고 - 생화학무기법을 중심으로 -

Abstract

The bioterrorism is a combination of infectious disease and terror which are two major threats to modern society. Terrorism is defined as an act that threatens nations or the public to achieve a specific purpose. Terrorism based on biological weapons is referred to as bioterrorism. Biological weapons used in such bioterrorism include bacteria, viruses, and toxin. Each biological weapon has unique characteristics and causes different types of disease. Viruses, in particular, is distinguished from other biological weapons in various ways, which make the treatment of viral diseases especially difficult. Biological weapons have been used as an important tool by terrorist groups for their high destructive power compared to their relatively low manufacturing costs. Additionally, biological weapons are used not only to cause direct mortality and property damage but also to spread fear to the society or to stagnate the national economy. That means an urgent and appropriate countermeasure by a government for bioterrorism is mandatory. There are numerous laws deal with biological weapon crimes; among them, the most representative is the Act on Chemical and Biological Weapons. The combination of Act on Chemical and Biological Weapons and the Act on Counter-Terrorism are considered a general guideline for the countermeasure to bioterrorism. An act on Counter-Terrorism gives the definition of biological weapons, states the use of biological weapons without legal procedures as a crime, and sets out punishments for the violation of the regulations relating to biological weapons. The Act on Chemical and Biological Weapons, however, has a ground for improvement. More than any, it needs to refine the constitutional requirements of the crime further or to adjust the statutory penalty. The extension of constitutional requirements such as a crime of publication of false information or crimes of special coercion may also be considered. In terms of criminal policy, regulations for necessary forfeiture on biological weapons and necessary penalty reduction for self-denunciation may be proposed. Finally, for direct response to biological weapons, the allowance range of seizure and search without a warrant needs to be expanded.