뉴테러리즘에 대한 안보형사법 체계 재정립

Abstract

In the global trend of actively responding to new terrorism, such as enacting anti-terrorism laws in the form of 'hostile criminal law' or revising existing laws, the Republic of Korea is also a legislative device to respond to terrorist crimes in 2016. On February 2, the 「Anti-Terrorism Act for National Protection and Public Safety」was enacted. However, as the current security and criminal law does not cover all actors of terrorist crime, the boundaries of the punishment targets are very ambiguous, and each position in the legal system is shaking.
 In the special security situation of the Republic of Korea, where the terrorist threats of international terrorist crime organizations and the terrorist threats of North Korea, a warring partner in a state of armistice, exist, the security and criminal law system of the Republic of Korea can effectively respond to all types of terrorist crimes. The ultimate purpose of this study is to clarify the targets and roles of the “Anti-Terrorism Act for Safety””Criminal Law”“National Security Act”.
 Therefore, this study examines the problems of the current security and criminal law system due to the limitations of the 「Anti-Terrorism Act for National Protection and Public Safety」. After judging whether criminal types can be punished by the existing「Criminal Law」, the limitations of「Criminal Law」were pointed out. Third, the types of terrorist crimes that could not be punished by the「Anti-Terrorism Act for National Protection and Public Safety」After determining whether punishment is possible under the「National Security Act」, it pointed out the limitations of the「National Security Act」.