As the need for anti-terrorism legislation has been continuously argued,
Anti-terrorism act has been enacted and enforced.
On the other hand, there still remain a lot of points to be discussed regarding
the definition of the concept of terrorism, matters of human rights violations,
strengthening authority of the investigation and intelligence agencies, and
mobilization military forces for the suppression of terrorism.
Also, reviewing Anti-terrorism act and its enforcement ordinance draft, this
legislation seems to regulate terrorist groups like IS. If so, in the case of
terrorism of North Korea or domestic anti-government organizations, whether
this law would be applied could become an issue.
In the case of terrorism of North Korea, Ministry of National Defense has
a right of commandership in the military operations, however, it is also possible
to apply the article 4 of Natural Security Act –a crime of performing objectiveor
a crime of foreign exchange on Criminal law as legal grounds for not military
terrorisms but general investigations. Therefore, it is necessary to involve
consideration about this matter.
Furthermore, in the view of investigation, Anti-terrorism act and its
enforcement ordinance draft do not mention Supreme Prosecutor`s Office and
Ministry of Justice that conduct investigations.
In the case of terrorism, the police and prosecution should conduct to arrest
criminals and determine crimes at the investigation stage, however, any explicit article related to this content in Anti-terrorism act and its enforcement
ordinance draft was unable to be found.
Although Anti-terrorism act is certainly toward preventive aspects,
considering some matters such as prevention, actions on the scene, maneuver
after terrorism, arresting terrorists, investigation direction, cooperation, and
mutual assistance, it is necessary to reflect these contents in Anti-terrorism
act.
In other words, immediately after terrorists` attacks, it is possible to mobilize
the military operations by Integrated Defense act in order to arrest them in
the case of military terrorism. Nevertheless, because both military terrorism
and general one are included in the investigation stage, it needs to begin an
investigation under the direction of the prosecution.
Therefore, above all, a device for finding out the truth behind the case at
the investigation stage is not reflected in the current Anti-terrorism act and
its enforcement ordinance draft. Accordingly, if National Intelligence Service
approaches information at the prevention level in this situation, it may be
necessary to come up with follow-up measures of the police, the prosecution,
and military units.