@article{ART002166092},
author={Kim, Sang-Kyum and 변승현},
title={Constitutional Study on National Security and the Act on Reporting and Use of Certain Financial Transaction Information},
journal={Public Land Law Review},
issn={1226-251X},
year={2016},
volume={76},
pages={357-376}
TY - JOUR
AU - Kim, Sang-Kyum
AU - 변승현
TI - Constitutional Study on National Security and the Act on Reporting and Use of Certain Financial Transaction Information
JO - Public Land Law Review
PY - 2016
VL - 76
IS - null
PB - Korean Public Land Law Association
SP - 357
EP - 376
SN - 1226-251X
AB - National Security is a nation's constitutional obligation for the existence of the state and the safety of the people. The preamble of the current constitution mentions the safety of the people, and other articles impose state institutions including the President and the military the obligation for national security. Furthermore, Article 37 (2) states that the freedoms and rights of citizens may be restricted by Act only when necessary for national security. The Constitution imposes the duty of national defense on all nationals in accordance with the law, and proclaims the importance of national security for state institutions.
In a legal state, national security is the most fundamental and core constitutional order. Its importance does not diminish in a democracy that respects diversity and maximizes the freedom of press, since national security provides the ground for democracy to exist within a state. A democratic legal state can exist when the existence of a state and the safety of people are ensured. Especially in Korea which is under the threat from North Korea, national security has important constitutional value.
In an information society, information security is an essential part of national security. Given that the principle of information state is becoming more incorporated into the Constitution as a basic principle, there is no domain in the state that can function without information gathering. For example, money laundering in cross-border crimes like terrorism and drug trafficking can be prevented and held accountable through information gathering. Tracking down information on financial transaction becomes an important state responsibility in national security and prevention of crime.
Korea has legislated a law that enables the state to track down information on financial transaction. The exclusion of the National Intelligence Service (NIS) from access to such information in the initial legislation caused enormous difficulties in preventing international national security crimes such as terrorism and drug trafficking. Thus, it was the right decision that the recent amendment in March 2016 granted the NIS access to information on financial transaction. The legislative branch should recognize the importance of financial transaction information in national security, and not make the same kind of mistake again.
KW - National Security;Public Interest;Financial Transaction Information;Constitutional Value;Information Security;Information State Principle
DO -
UR -
ER -
Kim, Sang-Kyum and 변승현. (2016). Constitutional Study on National Security and the Act on Reporting and Use of Certain Financial Transaction Information. Public Land Law Review, 76, 357-376.
Kim, Sang-Kyum and 변승현. 2016, "Constitutional Study on National Security and the Act on Reporting and Use of Certain Financial Transaction Information", Public Land Law Review, vol.76, pp.357-376.
Kim, Sang-Kyum, 변승현 "Constitutional Study on National Security and the Act on Reporting and Use of Certain Financial Transaction Information" Public Land Law Review 76 pp.357-376 (2016) : 357.
Kim, Sang-Kyum, 변승현. Constitutional Study on National Security and the Act on Reporting and Use of Certain Financial Transaction Information. 2016; 76 357-376.
Kim, Sang-Kyum and 변승현. "Constitutional Study on National Security and the Act on Reporting and Use of Certain Financial Transaction Information" Public Land Law Review 76(2016) : 357-376.
Kim, Sang-Kyum; 변승현. Constitutional Study on National Security and the Act on Reporting and Use of Certain Financial Transaction Information. Public Land Law Review, 76, 357-376.
Kim, Sang-Kyum; 변승현. Constitutional Study on National Security and the Act on Reporting and Use of Certain Financial Transaction Information. Public Land Law Review. 2016; 76 357-376.
Kim, Sang-Kyum, 변승현. Constitutional Study on National Security and the Act on Reporting and Use of Certain Financial Transaction Information. 2016; 76 357-376.
Kim, Sang-Kyum and 변승현. "Constitutional Study on National Security and the Act on Reporting and Use of Certain Financial Transaction Information" Public Land Law Review 76(2016) : 357-376.
