독일 헌법수호청에 관한 연구

The protection of the Constitution is to protect the liberal democratic basic order as constitutional basic value by preventing the legal and political foundation of the constitutional life established by the Constitution from being damaged or collapsed. After the Second World War, the Federal Republic of Germany, along with the Constitutional Court system for the protection of the liberal democratic basic order, had the Federal Office for the Protection of Constitution(FOPC). The militant democracy has been understood as legal and political structure to protect democracy by taking measures against those who want to overturn or destruct it through democratic institutions. The FOPC functions to monitor hostile activities against the liberal democratic basic order of the Federal Republic of Germany. The FOPC-Law has recently been amended by several amendments, and the FOPC has been empowered to strengthen the collection of information on extremist and terrorist forces. Germany has a control system to prevent the abuse of authority of the FOPC. It has an Intelligence Control Committee within the Federal Parliament and controls it through the Federal Information Security Commission. It is also controlled by the Department of Homeland Security's Information Protection Officer and the Federal Audit Office. The FOPC has been criticized for many illegal cases. There were cases of eavesdropping and pricking, extreme stigmatization against magazines, and inspections of members of parliament. Germany and domestic academia are also criticizing it. The opinions of the pros and cons can be divided as to whether it is desirable to introduce the Constitutional Protection Agency in Korea. However, because of the multicultural era and the threat of terrorism, the free democratic basic order, which is a constitutional value, can easily be violated, and the necessity of collecting domestic information for protection is very high. Of course, in order to introduce the Constitutional Protection Agency in Korea, it is necessary to prepare strictly the control apparatus of the National Assembly. The introduction of the Constitutional Protection Agency system to supplement the constitutional court system is more positive than negative.