Balancing the Act on Anti-Terrorism in South Korea

Abstract

The Act on Anti-Terrorism+ for the Protection of Citizens and Public Security passed in 2016 despite the longest filibuster in the history of Korean legislation. While counterterrorism legislation can often present dangers of overreaching state authority and risks to citizens’ rights in any country, the South Korean narrative is uniquely layered given the historical context of anti-communist discourse. This article argues that the Act mitigates accusations of human rights violations by assuming dual legal purposes of national security and disaster management as well as employing human rights discourse and safeguards within the law. However, expansive executive and agency discretion, ambiguities in terrorist discourse, and lack of due process undermine human rights compliance, endangering both citizens’ and foreigners’ rights against unwarranted government intrusion.+ "This article follows the Korean government's translation of the law, which uses "Anti-Terrorism" rather than "Counter-Terrorism" in the title of the Act. Korean names in the text begin with the surname and reflect commonly printed designations for public figures or otherwise personal preference. All other romanizations follow the official Korean government's revised romanization system."