테러방지법상 조사권의 문제점과 개선방안에 관한 연구

Since the September 11, 2001 terror crimes, many countries have taken various institutional measures to protect the lives and property of the people as well as the safety of the community itself from terrorism. However, despite the necessity of such an institutional apparatus, there is a possibility of paradoxically violating the fundamental human rights of the people and restricting the fundamental human rights. However, there is a system deviating from the center of the controversy even though there is a possibility of infringing on the fundamental human rights of the people. It is the investigation by the staff of National Intelligence Service prescribed in Articles 2 and 9 of the “Act on Anti-Terrorism.” Although these investigations formally take the place of administrative investigations, they actually take the substance of the criminal investigation, which limits the fundamental human rights of the people, so that there is a need for close scrutiny. For this purpose, this study first examined the nature of the investigation under the “Act on Anti-Terrorism.” The investigation of the “Act on Anti-Terrorism” is formally an administrative investigation, but it has relevance to criminal sanctions. As a result, it is confirmed that the investigation of the “Act on Anti – Terrorism” is the administrative police function of the state, but it can be regarded as a clue to investigations similar to the case of anxiety checkup only if the investigation event is developed into criminal procedure investigation in the future. In other words, the investigation in the “Act on Anti-Terrorism” is futuristic in that it is aimed at preventive crime struggle similar to the preliminary domain investigation discussed in Germany, but at the same time, investigative activities to suppress such crime, this means a procedure for searching for relevant information in a situation where the existence of a suspicion of a crime exists or not. The problem is, in principle, that there is no provision on the subject, scope, and limitations of the investigation. In order to solve these procedural problems, the guiding principle of the investigation in the “Act on Anti-Terrorism”was presented, so that it would be a minimum basis to judge the legality of the disposition in case of the problem of the exercise of the investigation of the NIS. Next, I pointed out the problems of criminal law in the field investigation and submission order system, which is the concrete type of investigation, and suggested ways to improve them. In other words, the specific type of investigation is substantially similar to the compulsory disposition, and the lawful procedure such as the constitutional warrant is stifled as the cause of the investigation. Therefore, in this study, we have searched the problem and improvement plan for field investigation and submission order which are highly similar to the forced disposition among the concrete types. Intelligence is the most important thing in the proactive prevention of violent and organized crime including terror crime. The importance of this intelligence is already proven, even if not emphasized in this study. That is why the NIS has been given the investigation in order to prevent the special crime of terrorism. However, the investigation now seems to be problematic in that the actual violation of doctrine of warrants directly infringes on the fundamental human rights of the people, and it can not protect the fundamental human rights of the people through the struggle for terror crime. If this study can contribute to the legal improvement, there will be no more glory.