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A study on Terrorism and Security of Fundamental Human Rights

  • Public Land Law Review
  • Abbr : KPLLR
  • 2009, 46(), pp.449-468
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Kim, Jong-Oh 1 Lee Dae Sung 1

1동의대학교

Accredited

ABSTRACT

The collapse of cold war caused by ideologies gave the feeling of relief and the hope to the international society that the peace and stability have finally arrived. However, in the process of international order reorganization by western countries such as USA, the international society began to pursue the profit of international and economic community as well as that of the member countries themselves through the changes in the concept of security. During the process, USA and other western countries started to expand the scope of security to economics, culture and resources as well as politics and military sides based on the broad concept of security. In the mean time there were conflicts on the resources in Middle East and anti-america nations and organizations chose to perform 9․11 terror to express their ideologies and opinions. The new terrorism after 9․11 have certain characteristics. First, they do not have clear requests nor conspicuous subjects. They perform terrors sacrificing their own lives. It is difficult to identify their organization because they have set up an network all over the world using IT technology actively. Additionally, terrors occur concurrently and consecutively, there is no other way than prevention. Second, it infringes all the values that should be protected by law such as private, social and national values. Third, terrorists sacrifice their lives for the crimes so there are many cases that there are no actual people to be punished because they are already dead. Additionally as they have secure faith in politically or ideologically, it is very hard to expect actual improvement or changes in their thinking or behaviors. Therefore in this study we have tried to make the information collection and intelligent jobs more effective to prevent terrors in advance. For this purpose, we discussed how to sensor or monitor mails and electronic communication that can infringe the human rights by limiting it to the violent behaviors of terrors. Additionally, the prolonged monitoring under the current Communication Secrecy Law was mentioned. Second, to make thee investigation more efficient, it was discussed to improve the role of special police who are dedicated to terrors to prevent terrors as there are more cases that the attackers are already dead men because of the crime itself.

Citation status

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