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학술논문법과사회2013.12 발행KCI 피인용 4

정권․관료 카르텔과 민주주의 해체 시도: 국정원 사태 본질과 국정원 개혁 원칙

Cartel between Political Power and Bureaucrat and its Attempt to Dismantle the Democracy: The core of NIS’s electoral intervention and the principles of NIS reform

김인회(인하대학교)

45호, 153~192쪽

초록

The National Intelligence Service("NSI") committed several crimes, which comprise of domestic political intervention, electoral intervention as an attempt to dismantle the democracy. The police and prosecutors's undue investigation against the NSI means the police and prosecutors are one team. This article analyze the NSI's political power and its attempt to dismantle the democracy. The NSI's political and electoral intervention shows that the Korea Central Intelligence Agency("KCIA") was the root of the NIS and the NIS is not free from the KCIA's tradition of protecting political power. In fact, the function of the KCIA and the NIS is almost the same. Further, the National Security Law allows the NIS with unlimited power. The NIS's illegal activity is not accidental but structural. In order to reform the NIS correctly, the real power of the NIS and the experience of President Noh's trial should be analyzed. This article proposes the principles of the NIS reform based on the above analysis, which are (1) rule of law, (2) system reform, (3) bureaucracy reform, and (4) identity of democratic citizen. Further, not only the NIS reform but also prosecutorial and police reform necessitating the dismantlement of the governing cartel are needed for the protection of democracy. Also direct democracy and revitalization of political party are essential.

Abstract

The National Intelligence Service("NSI") committed several crimes, which comprise of domestic political intervention, electoral intervention as an attempt to dismantle the democracy. The police and prosecutors's undue investigation against the NSI means the police and prosecutors are one team. This article analyze the NSI's political power and its attempt to dismantle the democracy. The NSI's political and electoral intervention shows that the Korea Central Intelligence Agency("KCIA") was the root of the NIS and the NIS is not free from the KCIA's tradition of protecting political power. In fact, the function of the KCIA and the NIS is almost the same. Further, the National Security Law allows the NIS with unlimited power. The NIS's illegal activity is not accidental but structural. In order to reform the NIS correctly, the real power of the NIS and the experience of President Noh's trial should be analyzed. This article proposes the principles of the NIS reform based on the above analysis, which are (1) rule of law, (2) system reform, (3) bureaucracy reform, and (4) identity of democratic citizen. Further, not only the NIS reform but also prosecutorial and police reform necessitating the dismantlement of the governing cartel are needed for the protection of democracy. Also direct democracy and revitalization of political party are essential.

발행기관:
법과사회이론학회
분류:
법학

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정권․관료 카르텔과 민주주의 해체 시도: 국정원 사태 본질과 국정원 개혁 원칙 | 법과사회 2013 | AskLaw | 애스크로 AI