National Intelligence Service Research Articles

Critical Analysis of Status of Counter-Terrorism Strategies in Manda, Lamu County, Kenya: A Multifaceted Examination of HUMINT and SIGINT

This paper presents a critical analysis of counter-terrorism strategies in Kenya, with a specific focus on the multifaceted examination of Human Intelligence (HUMINT) and Signals Intelligence (SIGINT). The study employed a sequential explanatory mixed-methods research design integrates both qualitative and quantitative approaches to provide a thorough understanding of Kenya's efforts to combat terrorism. The target population of this study encompassed participants involved in counter-terrorism activities in Kenya. This included officers in security agencies such as the National Intelligence Service and the Kenya Defense Forces which formed our target population. A total of 93 officers participated. The respondents were drawn through purposive sampling. By addressing multiple levels of involvement, the paper provides a holistic view of counter-terrorism strategies and their impact. Quantitative data was collected through surveys administered to a representative sample of security personnel in the NIS and KDF. Qualitative data on the other hand was collected through interviews. Semi-structured interviews were done with key informants, such as heads of the National Intelligence Service and Kenya Defense Forces helped capture the nuanced perspectives on HUMINT and SIGINT. STATA and Statistical Package for Social Scences (SPSS) Software were used to analyze quantitative data from the survey. The statistical significance between the average expectations and average perceptions in both security agencies was analyzed using two-sample t-tests. Additionally, the significance of the gaps between the agencies was assessed with Hotelling’s T-squared test at a 5% significance level. Pearson’s correlation coefficients were also used to determine the strength and direction of the relationship between the independent variable (s) and the dependent variable. The study generally found that the indicators of the HUMINT strategy were effective in countering terrorism except for source penetration. Further, the study determined that all indicators of SIGINT strategy were ineffective in countering terrorism except for interception of communication and timely warnings.

한국과 영국 정보기관의 조직체계와 직무에 관한 연구

This study aims to find the cause of problems such as political intervention and human rights violations related to the National Intelligence Service in Korea. To this end, the organization and duty of Korean and British intelligence agencies were analyzed using literature review research methods. As a result of the analysis, the study identified that the problems related to the National Intelligence Service were caused by the obscurity of the regulation - ‘domestic security information’ - under the National Intelligence Service Act and the abuse of investigative power during intelligence activities.
 British intelligence agencies collect, analyze, and exploit foreign and domestic intelligence and military intelligence, and perform espionage and counter-espionage. The role of the Security Service(MI5) is to protect national security from threats such as terrorism and espionage and to gather secret intelligence on threats to national security. The Secret Intelligence Service(MI6) works secretly overseas to gather intelligence, which is referred to as espionage.
 The controversy related to the National Intelligence Service is expected to be reduced due to the revision of the National Intelligence Service Act in 2020. In addition to this, the study proposes to separate the National Intelligence Service into each agency according to its roles of counter-espionage and foreign espionage.

효과적인 테러자금 차단 방안에 대한 연구

While there have been no direct terrorist attacks by foreigners illegal immigrants in Korea, some foreigners in Korea have continued to raise funds for terrorism and sympathize with the propaganda of extremist Islamic ideas. In particular, there have been a number of domestic terrorist financing incidents since the law was enacted. Since terrorist financing is a key basis for terrorist organizations' activities and seriously undermines the safety of the international community, it is important to block it for effective terrorism prevention. The purpose of this study is to collect cases of terrorist financing that have occurred in Korea to identify the current situation, derive characteristics through case analysis, and seek countermeasures. For this purpose, we utilized first instance judgments that included acts of terrorist financing. First of all, it is necessary to strengthen information collection activities and collection of key personnel such as fundraisers in order to prevent terrorist financing. In addition, education on preventing terrorist financing should be provided to foreign nationals in Korea. In order to block the flow of terrorist funds, the accounts of traders suspected of financing terrorism should be prioritized during the investigation stage, and intensive monitoring should be conducted on currency exchange operators who may be involved in illegal remittances. Finally, counter terrorism agencies such as the National Police Agency and the National Intelligence Service should identify the characteristics of the domestic terrorist financing environment and strengthen intelligence gathering activities based on this. However, this study is limited by the fact that it focuses on arrested cases and does not identify crimes that were not arrested.

The undisclosed history of the Dutch governmental telex-message security 1945–1960

The information behind the Dutch governmental telex message security 1945–1960 was stored in private hidden archives, our national General Intelligence and Security Service and the National Archive. Therefore, it became unknow information. The article describes the reasons behind the need for a national developed secure cryptosystem. But also, the obstacles and politics behind the developing and the producing of the OTP-systems at the national PTT for the Ministry of Foreign affairs and the Royal Dutch Navy. It also reveals the politics to transfer the subject cryptography to the national IT industry: Philips, which became the start of the commercial crypto industry in the Netherlands in 1957.

개정(안)을 통한 국가수사본부의 합리적 역할방안 정립에 관한 논의

The police is the government institution that considers the protection of people's lives, bodies and property as the most important task, but It is no exaggeration that past police organization were more faithful to their role as the handmaid of the government ruling over the people. However, the change of the times has led to change police organization, and furthermore, there have been continuous efforts to establish its role by itself. These changes make police organization recognize that the protection of people's human rights is their most important mission. While the police handles most of the criminal cases on the side of people, the prosecution exercises most of the authority in the criminal justice process. Prosecutors have been recognized as the principal investigators who instruct and order the police by being given authority over the entire criminal justice process, including the right to initiate an investigation, the right to terminate an investigation, the right to prosecute, and the right to claim a warrant. The police has expressed the need for a mutually equal and cooperative relationship with the prosecution rather than a top-down relationship, as a result of its efforts, the right to initiate an investigation was granted through amendments to the Criminal Procedure Act. Since then, with the revision of the Criminal Procedure Act, the Prosecutor's Office Act, and the Act on the Organization and Operation of National Police and Local Police, the police and the prosecution become a mutually cooperative relationship in substantial part. The police that had right to initiate an investigation, grants not only the primary right to terminate an investigation but also the right to terminate an investigation. In addition, anti-communist investigative functions which had been recognized as a unique task of the National Intelligence Service, was transferred to the police, and then it can have the most powerful authority after the establishment of it. When authority is concentrated in one institution, it might violate human rights of the people by abusing of its authority. In order that the police solve the problem of concentrated authority, the National Investigation Headquarters under the National Police Agency was established with the purpose of separating the administrative police and the judicial police. The National Investigation Headquarters functions as a control tower for investigations, instructing and supervising the chiefs of local police agencies in cities and provinces, and police officers in investigation-related departments. Because it was established under the National Police Agency rather than an independent agency, and the head of the headquarters is a lower rank officer than the Chief of the National Police Agency, it cannot be independently excluding instructions and orders of the Chief. In addition, the National Investigation Headquarters is established under the National Police Agency, so that the head of the headquarters cannot be in charge of the results of investigation-related matters according to regulations. For these reason, there are many difficulties for the National Investigation Headquarters to command 30,000 police officers while it maintains neutrality and independence. Therefore, it is necessary to promote the National Investigation Headquarters to the National Investigation Agency(tentative name) so that it can do perform as a control tower for investigation. In addition, the heads of each agencies should become same rank and promote minister class as like the prosecution, so that it will be able to investigate independently and each agencies should effort to practical mutual checks and cooperation. In addition, the head of the National Investigation Agency must to be included in the National Assembly personnel hearing procedure so that a head with the qualifications and ability to command 30,000 police officers has to be appointed.

Greece: Political Developments and Data in 2022

AbstractThe year 2022 was marked by the onset of Russia's invasion of Ukraine. In February, the Greek government was quick to respond in support of the Ukrainian people defending their homeland. The city of Mariupol, home to a significant Greek diasporic community, was at the epicenter of the public's attention. Energy prices skyrocketed because of the war. Inflation, which was already at 5 per cent—the highest point in a decade—by the end of 2021, continued to soar reaching 12 per cent in the summer and an overall 7.2 per cent by the end of the year. Gross domestic product per capita increased at a faster rate than expected, but the trade deficit of the country also increased dramatically. The government continued to deal with the devastating impact of the pandemic. In May, Prime Minister (PM) Mitsotakis became the first Greek head of government to address a joint session of the US Congress at a time when Greek–Turkish relations deteriorated. In July, a wiretapping scandal targeting one of the opposition leaders, but also journalists, shook the political system and unseated the head of the National Intelligence Service, as well as the PM's general secretary, who was overseeing the agency. In December, Member of the European Parliament Eva Kaili was arrested and jailed in a Belgian prison as part of the so‐called Qatargate scandal. The ruling party, New Democracy, remained hegemonic. The main opposition party, the Coalition of the Radical Left, SYRIZA, continued to struggle. Finally, a staggering number of femicides occurred in 2022, 16 in total.

Legal regulation of the Iraqi National Intelligence Service (A comparative analytical study)

This research attempts to study some of the laws of the intelligence agencies in certain countries in terms of organizing and supervising these agencies, as these agencies play an important and fundamental role in protecting national security and supporting the rule of law. Its direct objective is to collect, analyze and disseminate information that helps policy makers take the necessary measures to protect national security, which includes the protection of individuals and their private rights.
 This research deals with the problem of weak legislative drafting of the Iraqi Intelligence Law of 2013 in many aspects, the most important of which is its extreme brevity and linking it to other laws of a civil nature.
 The research adopted a comparative analytical methodology that examined the constitutions of the Federal Republic of Germany, the Arab Republic of Egypt and the Republic of Iraq, with an analysis and comparison of intelligence laws in those countries.
 The research is divided into two main chapters in addition to the introduction and conclusion. The first chapter is titled The Concept of Intelligence, while the second one is titled Legal Provisions for the Intelligence Service.

Inside the National Intelligence Service: A Closer Look at Kenya’s Security Apparatus

Inside the National Intelligence Service: A Closer Look at Kenya’s Security Apparatus

The Bloody Footprints of North Korean Refugees

North Korean refugees first caught the notice of South Korea’s National Intelligence Service during the 1990s when North Korea had to suffer an unprecedented famine. Since then the number of North Korea refugees had steadily increased until it started to fluctuate depending on the regulations of North Korea and China at particular moments in history (King, 2021). Although the initial motivation for the refugees was survival from hunger, later refugees left North Korea seeking basic human rights that were denied to them. Although these North Koreans know the punishment for getting caught while trying to escape from the North Korean regime was an undignified and slow death full of suffering, they still left their country to pursue a life where they could be treated as free and proper human beings. The journey to South Korea is an arduous and taxing one, and the refugees must navigate the dangerous checkpoints and border patrols in China lest they get caught and repatriated back to North Korea. Upon traveling from north China to south China, the refugees enter two transition countries, Lao People’s Democratic Republic and Thailand. Each country provides their own hardships to the refugees, before allowing them passage into South Korea. Once inside, the North Korean refugees are questioned and subsequently educated regarding the differences between North Korea and South Korea lifestyles. Upon finishing their schooling, the refugees are considered South Korean citizens.

UAV Photogrammetry and LiDAR Based Dataset of Spartina anglica Distribution and High-resolution Topographic Map in Ganghwado

The <i>Spartina anglica</i> in the tidal flat at the southern part of Ganghwado, it is known that the distribution area has gradually expanded since it was officially announced as invasive alien species in 2015. The government and local governments are continuing their efforts to remove the S. anglica, and for this, continuous distribution change monitoring is required. This study extracted the data of distribution and extent area of S. anglica from Zenmuse P1 sensor, and generated the high-resolution Digital Elevation Model (DEM) from Zenmuse L1 sensor. Optical and Lidar images were photographed at an altitude of 70 m, and Ground Sampling Distance (GSD) of optical images was obtained at 0.9 cm and GSD of lidar images at 5 cm spatial resolution. However, the data are resampled and provided in GSD 25 cm to comply with the "National Spatial Information Security Management Regulations of the Ministry of Land, Infrastructure and Transport" and "Security Business Regulations of the National Intelligence Service".

Advances in Parapsychological Research 10 edited by Stanley Krippner, Adam J. Rock, Harris L. Friedman, and Nancy L. Zingrone

It’s been a long, strange road, especially for those who died but came back for another circuit, or remained alive and pursued mystic abilities for secret national intelligence service sponsors, or carefully tried to influence the past or forecast the future, or struggled with quantum theory because it looked eerily similar to magic in its weirdness even though mathematical experts denied any meaningful resemblance. Since 1977, this tussling with the improbable has been tracked in a series of volumes edited by Dr. Stanley Krippner, a Fellow in five American Psychological Association divisions. They are devoted to essays condensing and confronting claims of paranormal phenomena—to use a term deplored by many who regard such anomalies as normal, less Sixth Sense than First but frustratingly skittish. But the strange long road seems often to be covering the same rutted stretch, and its explorers grow weary. While the second volume appeared a year after the premier, pace slowed in the next seven volumes, and seemed all but exhausted by number 9, published sixteen years after its predecessor. The latest volume paused for eight more years. Granted, Dr. Krippner is now 88 years old, but still diligent and adventurous. So are his fellow editors and contributors, although sadly two of them (Professor William Roll, 1926-2012, and Professor Michael Persinger, 1945-2018) are dead and incommunicado. The most startling recurrent theme in this tenth volume is how much hard and conscientious empirical work in a number of varieties of psi leads to the conclusion that many psychic phenomena just are not as substantial as researchers have claimed for more than a century.

Serviҫo Nacional Inteligência; Hambatan, Tantangan, dan Implikasinya Terhadap Keamanan Nasional di Timor Leste

This research is a strategy to improve the performance of National Serviço Intelligence (SNI) in carrying out national security in Timor Leste. The influence of globalization that is increasingly felt throughout the world today has prompted some people to question the existence of the National Intelligence Service (SNI) in facing internal and external threats with professionals. The research method used in this research is descriptive qualitative data collection, namely interviews, observations, group discussions and documentation. The conclusion of this research is that Serviço Nacional Intelligence (SNI) plays a role in producing information that contributes to maintaining national independence, national interests and external security, as well as ensuring internal security in preventing sabotage, terrorism, espionage and organized crime. However, the low quality of human resources, lack of budget, and limited facilities and infrastructure are obstacles and challenges for the Serviço Nacional Intelligence (SNI) in maximizing it as a government information agency.

A study on the legislative trend of cybersecurity legislation - Focusing on changes in legislation according to the amended 「NATIONAL INTELLIGENCE SERVICE KOREA ACT」 -

Since the late 2000s, as the importance of political, social, and cultural activities in cyberspace has been emphasized, interest in cyberspace safety and security has expanded. Therefore, in order to take systematic and prompt action in case of an accident while preparing measures against the threat, the role of intelligence agency is important. Cyberattacks taking place in cyberspace are technical and information security issues that need to be addressed at the individual or organizational level, and it is a problem that requires an immediate and comprehensive response at the national level, and the need for international cooperation is growing. Korea, a divided country, has a strong dependence on ICT and a high vulnerability to cyber safety, but it is criticized that the legal system in the field of cyber security to prepare for this is still insufficient. In this situation, it was pointed out that it is difficult to respond systematically and efficiently in the event of a cybersecurity crisis, and the legal basis for performing the mission is insufficient. Various types of cyber security related bills have been submitted according to the need to enact the Cyber Security Act, but they have not been enacted due to opposition from the opposition parties and civil society for privacy violations. While sympathizing with the importance of cybersecurity and the need for related laws, the lack of trust in the National Intelligence Service, which will obtain authority through the law, is acting as a stumbling block to the establishment of the legal system. It should be remembered that there cannot be a distinction between the public and private sectors in national security and that protection of all constitutional institutions, including the executive branch as well as the legislative and judicial branches, is important. Currently, there is no cybersecurity-related law that regulates both the public and private sectors and encompasses all other constitutional institutions such as the judiciary and legislative branch. In the meantime, the recent revision of「NATIONAL INTELLIGENCE SERVICE KOREA ACT」as an opportunity to clearly stipulate the cyber security mission of the National Intelligence Service and to enact the first presidential decree-related cyber security-related norms is an encouraging change. Therefore, this paper analyzes the recently reorganized Legislative Trends and Future Tasks for Cybersecurity Legislation- Focusing on changes in legislation according to the amended「National Intelligence Service Act」, 「Cyber Security Work Regulations」 and「Cyber Security Act Bill」 from the perspective of establishing an effective response system for cyber security, and analyzes the problems of current regulations and future cyber security A legal task was proposed to strengthen the legal system.

Cases and Countermeasure of Indiscriminate TERRORISM

Recently, violence and violent protests such as the political revolution in the Middle East and Africa, anti-social resistance in Europe, and the occupation of Wall Street in the US have been heating up and spreading due to the global economic downturn and the heat of liberalization. Many countries, including the US, UK, and Spain, are experiencing homegrown terrorism, and Korea is also warned of the possibility of homegrown terrorism. In ad-dition, the types of terrorism are changing in various ways due to the rapid development of science and technol-ogy. Biochemical weapons, high-performance bombs, and cyber terrorism, which can kill a large number of lives, are possible, and the development of information and communication technology(ICT) enables close links among terrorist organizations, further strengthening the formation of an international terrorist network. Also, recent terrorism has been indiscriminately perpetrated against an unspecified number of citizens in various ways. In this context, the police s anti-terrorism mission to protect citizens lives and property in the closest place to the people has emerged as an important task. In order for the police to carry out this mission, they must be trained as the first responders at the scene of terrorism, and it is important that they gather information effec-tively and cooperate with various counterterrorism agencies. In addition, efforts are needed to prevent crimes in advance by patrolling areas where foreigners are concen-trated and maintaining proper security. This is because the increase in crime by foreigners could serve as a factor that further destabilizes their status in Korean society. This will be useful not only for the prevention of crime but also for that of terrorism. Furthermore, in order to strengthen the ability to respond to international sex crimes, a joint investigation is essential, including the rapid exchange of information among related agencies and the expansion of information collection. All organizations related to countering international sex crimes, including the police, immigration au-thorities, the National Intelligence Service, the Ministry of Employment and Labor, the Ministry of Foreign Affairs and Trade, foreign diplomatic offices in Korea, and the Small and Medium Business Administration, should es-tablish a close cooperation system to deal with them. As there are cases of fleeing to foreign countries immediately after committing international sex crimes, the government should maintain a system of rapid investigation cooperation with police stations in charge of check-points, airports, and ports to prevent culprits from escaping to foreign countries. As terrorism is a transnational crime that transcends borders, it is essential to exchange information with foreign intelligence and investigation agencies in terms of prevention and response. Finally, it is necessary to establish a social safety net. Securing a safety net to support the lives of the socially disadvantaged and easing inequality through structural reforms are key tasks that Korean society is faced with. Disasters like COVID-19, which has plagued the world, cause more pain for the weak. Disaster is never equal and is harsher for the poor. We need to secure a safety net to support the lives of those at stake and improve ine-quality. Even if the COVID-19 crisis is overcome well, it is likely to deepen the economic polarization and social inequality between the rich and the poor in the future. The distribution of welfare benefits for the vulnerable and the establishment of a new type of governance involving the government, businesses, and labor unions all to cope with the new era are required. This is also a countermeasure against indiscriminate terrorism.

The Reform of Intelligence Police and the Criminal Intelligence System in England

현재 수사권조정을 비롯한 형사사법 개혁논의과정에서 정보경찰 통제시스템개선 필요성이 제기되고 있다. 이와 관련하여 영국(잉글랜드 및 웨일즈)은 정보기관과 수사기관의 정보수집생산 직무와 수사직무를 각각 분리 구분하여, 정보기관은 수사기관을 비롯한 법집행기관의 직무에 필요한 정보를 수집제공하고, 필요한 수사는 수사기관에 의뢰하도록 하는 한편, 수사기관의 정보수집 직무에 대한 통제제도를 다양하게 운영하고 있는 주요 사례다. 영국은 공안정보기관 및 범죄정보기관이 정보수집대상 범죄 및 안보사안에 따라 분리운영하고, 국가안보관련 정보기관 또한 국내 정보기관과 해외 정보기관으로 분리하는 정책과 제도를 시행하면서 정보기관과 수사기관의 협업체계 및 정보기관에 대한 통제체계를 갖추고 있다. 영국 경찰의 정보기반 경찰활동이 시사하는 바는 과학적 증거와 자료, 평가가능한 성과를 중시하는 치안정책 방향이다. 가장 중요하게는 경찰활동의 정당성에 대한 신뢰의 문제다. 정보수집생산 기능과 이를 수행하는 기관의 권한은 정책적 현안에 대해서는 집중, 체계적 구조에 있어서는 분산이 바람직한 방향이다. 효과적 집중과 체계적 분산을 통해 정책적 효과성과 민주적 통제확보 모두 가능하게 되기 때문이다. 기관과 체계의 정당성은 효과성과 통제성에 대한 신뢰 위에 비로소 구축된다.Criminal investigation agencies in Korea, the Police, Prosecution Service, and National Intelligence Service have had both powers on criminal intelligence and public intelligence, which is one of the criminal justice reform agenda by the current administration. While the interior intelligence functions by the Prosecution Service and National Intelligence Service is on the way of abolition, the powers on ‘public security intelligence’ of the Police is to be reformed. According to the Article 2 of the Police Powers Act, the Police has powers to gather, produce and distribute public security intelligence. From the point of comparative law and policy, the system of criminal intelligence in England and Wales shows one of rational models for the reform of intelligence police powers and policing. In principle, English system consists of criminal intelligence agencies and public agencies which provides checks and balance, and also cooperation between relevant institutions. Thus, the intelligence system guarantees both effective control and efficient intelligence operations. Further, intelligence-led policing is helpful in securing public confidence in criminal investigation agencies. The Police Reform Commission of the 2018 provides recommendations on the reform of intelligence policing. The powers and institutional structure should be controlled for human rights protection, and also be supported for public safety.

An Examination into the Nature and Extent of Terrorism in Kenya

Terrorism remains a major threat to the national, regional and global peace and security. It has become a central and controversial issue of global attention. International consensus is growing on the best way forward to counter-terrorism. In Kenya, the influence of the National Police Service (NPS) in Countering Terrorism significantly increased when Al-Qaida bombed the United States of America embassy in August 1998. This led to the formation of the National Intelligence Service (NIS) and Kenya was added to the United State Anti-Terrorism Assistance Program (USATAP). The purpose of the study was to assess the nature and extent of terrorism in Kenya. The study was guided by the economic theory of rational choice of terrorism to explain the economic rationale behind prevalence of terrorist activities in Kenya. The study employed a descriptive survey research design. The study site was police stations within Nairobi County. Both the probability and non-probability strategies were used in the study: systematic random sampling technique for police officers, purposive sampling for key informants and snowballing sampling for terrorism survivors. Data were collected from a sample of 311 respondents using semi-structured questionnaires and interview guides. Data analysis was done using the descriptive statistic, using both qualitative and quantitative techniques. The study found out that political instability in neighbouring countries and porous borders makes Kenya an attractive target and an easy conduit for terrorist-related materiel, activities, and transit points The study concludes that to prevent conflicts and by extension terrorism, the priority must be given in addressing underlying root causes of conflicts such as poverty, unemployment, human rights violations, injustices, corruptions, marginalization and impunity. The study recommended that the NPS should increase public participation in CT. (278 words) Keywords: terrorism, national police service, nature, extent, prevalence of terrorism DOI : 10.7176/JEP/10-30-15 Publication date :October 31 st 2019

The peacenik and the spook as the diplomatic avant-garde

In conflicts between a state and a non-state actor, such as a paramilitary or terrorist organization, when no official diplomatic relations and recognition exists, there is a need for actors who can serve as a “diplomatic avant-garde.” This article identifies a diplomatic pattern in which breakthroughs occur through cooperative work between two types of actors: unofficial citizen diplomats and key figures in intelligence bodies. Each actor brings specific resources: unofficial actors have contacts with the non-state actor, while intelligence officers can offer backing from within the official system of the state. The article analyzes the topic using three case studies: Brendan Duddy and the MI6 officer Michael Oatley (UK and the Provisional IRA, 1975–1993); Willie Esterhuyse and the head of the South African National Intelligence Service, Neil Barnard (South African government and the ANC, 1987– 1990); and Gershon Baskin and the Mossad official David Meidan (Israel and Hamas, 2011). This study examines the unique relations between these two types of actors and how their collaboration promoted negotiations with non-state armed actors. It analyzes three stages: establishment of contact between these actors, persuasion of the relevant parties, and the breakthrough moment when talks shifted to an official back channel.

Реформа безбедносно-обавештајног система Републике Србије – потреба за успостављањем обавештајног (под)система

Depending on the specifics of a country's needs, capabilities, potential threats, as well as national security and defense policies, the security-intelligence system can be organized in different ways. In the context of contemporary political processes, security risks and threats that countries face, special emphasis is placed on prevention, which makes the existence of effective and qualified intelligence services indisputable. Starting from the development and progress of the reform of the security-intelligence system of the Republic of Serbia, analysis of the current organizational structure of the system, considering the comparative practices of other countries, but taking into account the needs and capabilities of our country, the paper points out to the inadequacy of the existing "model" and the need for adequate institutionalization and improvement of the intelligence capacities. The abolition of the Research and Documentation Service (RDS) and the imposition such a role to the Military Intelligence Agency (MIA), have conditioned that the focus of the paper is on indicating the necessity of constituting a national intelligence service, which, in addition to the MIA, would constitute an intelligence system, that is a subsystem of the security-intelligence system. In this way, the basics of the national security system would be strengthened by the existence of a credible and qualified intelligence service, which would play a key role in foreign policy decision-making and risk reduction to national interests, by monitoring and analyzing past and current events and assessing similar processes in the future.

Unchecked Powers of the Ethiopian National Intelligence and Security Service in the Prevention and Countering of Terrorist Crimes: Some Disquiets at a Glimpse

This article questions the supreme role of the Ethiopian National Intelligence and Security Service (NISS) in the prevention and countering of alleged terrorist acts vis-à-vis its institutional legitimacy and operational integrity. With no exception to other states, Ethiopia also re-established the National Intelligence and Security Service in 2013 but as a sole and unique institution of its kind with multiplex mandates both on general and specific intelligence and security matters. Having in mind the more sensitive powers conferred to the institution and its unrivalled authority in masterminding all the preventive and punitive measures against alleged terrorist conducts as enshrined under the Anti-Terrorism Proclamation of the country, this article examines whether the establishing proclamation has set the required normative standards and watchdogging institutional platforms to ensure its functional accountability. After investigating the Service’s organizational structure, the public, judicial and political watchdogging apparatuses, the lack of administrative and financial transparency, as well as the alleged alliance of the institution to the regime in power, this article submits that the Ethiopian National Intelligence and Security Service lacks the key attributes of a politically independent and functionally autonomous institution that strives to protect the nation’s politico-economic and security interests. As it stands, much of the Services’s mission rather appears to have been constricted to serving as an untouchable guardian of the party or the regime in power, or as a rising unique entity that roams on its own impervious orbit.

A Review of (Malicious) Perjury

모해위증죄는 형사사건 또는 징계사건에 관하여 피고인, 피의자 또는 징계혐의자를 모해할 목적으로 법률에 의하여 선서한 증인이 허위의 진술을 한 때 성립하며, 법정형은 10년 이하의 징역형이다. 위증죄보다 형량이 두 배나 높고 벌금형도 원천적으로 봉쇄되는 모해위증죄가 세간의 주목을 끈 것은 2012년 대통령선거에서 발생한 ‘국가정보원 여론조작 사건’과 관련해서이다. 이 사건과 관련하여 2015년 8월 19일 당시 수사과장이였던 권은희(現 바른미래당 국회의원)는 김용판 전 서울경찰청장의 재판에서 거짓 증언을 하였다는 혐의로 불구속 기소되었다. 그러나 권은희 피고인은 1심과 2심에서 무죄가 선고되었고, 검찰이 상고를 포기하여 최종적으로 무죄가 확정되었다. 모해위증죄는 위증죄와 달리 ‘모해목적’이라는 ‘초과’주관적 구성요건요소로 인하여 법정형이 가중된 부진정목적범이다. 따라서 모해위증죄를 적용하여 기소 내지 유죄를 선고함에 있어서는 증언의 내용이 기억에 반하는 허위성 여부도 중요하지만 그에 못지않게 “형사사건 또는 징계사건에 관련하여 피고인, 피의자 또는 징계혐의자를 모해할 목적”이 있는가 여부도 중요하다. 그렇다면 모해위증죄에 있어 ‘모해목적’은 주관적 구성요소로서 고의와 어떠한 점에서 구별되는지, 그 인식의 정도는 종래 판례의 태도와 같이 ‘미필적 인식’으로 족한 것인지, 그리고 ‘모해목적’은 ‘초과’주관적 구성요건요소인지 아니면 행위자관련적 요소로서 사회적 지위와 자격, 관계를 의미하는 신분인지 문제된다. 나아가 모해위증죄의 법정형과 관련하여 모해목적을 불법가중사유 또는 신분으로 파악하여 단순위증죄의 법정형과 비교할 때 벌금형조차 두지 않고 징역형을 2배나 가중하여 처벌하는 것이 타당한지 의문이다. 따라서 이 논문에서는 모해위증죄의 해석과 적용상 어떠한 문제점이 있는지를 검토하고(Ⅱ), 외국에서도 우리나라와 같이 모해위증죄를 별도로 두고 가중처벌하는 입법례가 있는지를 살펴보았다(Ⅲ). 그리고 이러한 모해위증죄의 문제점이 실제로 드러난 권은희 판결의 내용과 의미를 검토하였다(Ⅳ). 마지막으로, 이러한 논의를 바탕으로 결론을 대신하여 향후 모해위증죄에 대한 개정방향으로 프랑스 입법례에서 보듯이 “허위의 증언이 대가를 지급받고 증언한 때” 등과 같은 구체적이고 객관적 사유를 위증죄의 가중사유로 규정하고 법정형에 있어서도 징역형의 상한형을 하향 조정하고 벌금형을 신설할 필요가 있음을 제시하였다(Ⅴ).Malicious perjury is established when a witness who has been sworn in by a law makes a false statement with the intention to harm a defendant, a suspect, or a suspected offender in respect of a criminal or disciplinary case, and the statutory punishment is imprisonment for not more than 10 years. Malicious perjury, which has the prison sentence twice as high as that of perjury and has the monetary penalty banned from the beginning, attracted public attention in connection with the “Incident of manipulation of public opinion by National Intelligence Service” in the 2012 presidential election. On August 19, 2015, Kwon Eun-Hee, a member of the National Assembly of the Republic of Korea, was charged without detention on charges of false testimony as the head of the investigation of the Suseo Police Department at the time of the trial of former Seoul Police Commissioner Kim Yong-Pan. However, the defendant Kwon Eun-Hee was found not guilty at the first and second hearing, and the prosecution gave up the appeal and finally the defendant received the verdict of not guilty. Unlike perjury, malicious perjury is purpose crime with statutory punishment aggravated by an ‘excess’ subjective element of a crime which is ‘intention to harm’. Therefore, in order to prosecute or convict a person by applying malicious perjury, it is important to consider the falsity of the testimony, that is, the content of the testimony is against memory, and at the same time, it is equally important to consider if there was an “intention to harm a defendant, a suspect, or a suspected offender in respect of a criminal or disciplinary case.” Following considerations are in order then, in relation to malicious perjury: How is the ‘intention to harm’ distinguished from intention as a subjective element of a crime? Is the degree of recognition sufficient for ‘second degree intention’ like the attitude of supreme court judgment 2004Do788? Is ‘intention to harm’ a matter of ‘excess’ subjective element of a crime, or is it an actor-related factor that pertains to social status, qualification, and relationship? Furthermore, in relation to the statutory punishment of malicious perjury, it is doubtful whether it is reasonable to double the prison sentence with no possibility of monetary penalty, when comparing it with the statutory form of simple perjury, by identify ‘intention to harm’ as an illegal weighting reason or identity. Therefore, in this paper, author examined whether there are any problems in the interpretation and application of malicious perjury (Ⅱ), and whether there are legislative cases in which malicious perjury is punished with aggravated punishment in the foreign country as in Korea (Ⅲ). In addition, the contents and meaning of Kwon Eun-Hee’s judgment, which revealed the problem of malicious perjury, were examined (Ⅳ). Finally, based on these discussions, author has suggested the revision direction of the malicious perjury in the future: the specific and objective reasons such as “when a false testimony is paid and testified”, as the French amendment to malicious perjury, should be defined as the weighting reasons of perjury, and that it is necessary to downsize the upward revision of prison sentence and to establish a new penalty in terms of statutory punishment (Ⅴ).