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Subject

Unconstitutionality of Call to Arms for Police Action
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치안활동을 위한 군병력동원의 위헌여부에 관한 고찰

논문 기본 정보

Type
Academic journal
Author
Sung-Je Cho (대구한의대학교)
Journal
The Korea Contents Society JOURNAL OF THE KOREA CONTENTS ASSOCIATION Vol.11 No.6 KCI Accredited Journals
Published
2011.6
Pages
419 - 427 (9page)

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Method
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Result
Unconstitutionality of Call to Arms for Police Action
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Abstract· Keywords

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As for the anti-terrorism bills, which were submitted to the National Assembly, the mobilization of anti-terrorism commando, which was designated or established by the National Defense Minister, is mobilized the military troops without being based on marital law in light of the constitutional law, thereby possibly violating the constitution, first of all, with regards to mobilization of anti-terrorism commando, which was formed with military troops. The anti-terrorism commando is the military force, which was trained professionally for the anti-terrorism activity. Thus, the violation of human rights may be greatly reduced rather than what general soldiers are putted in the public-order activity such as anti-terrorism. However, it is thought to be desirable to make it possible for the input of special forces, which were trained professionally in relation to anti-terrorism activity, through constitutionally revising the constitutional law. As for the provision of ‘support for military troops’ in the anti-terrorism bill, what is a case that the nation’s important facilities and multi-use facilities are difficult to be protected from terror with the anti-terrorism commando and police force needs to be constitutionally regarded as resulting in reaching the level enough to correspond to ‘a state of national emergency equivalent to wartimeㆍincident.’ Thus, enacting the future anti-terrorism law, it is thought to be unnecessary for having the provision of ‘support for military troops’ with receiving criticism obstinately for possibly violating the constitution.

Contents

요약
Abstract
Ⅰ. 서론
Ⅱ. 치안활동과 군의 역할
Ⅲ. 개별법률과 관련 법률안의 검토
Ⅳ. 결론
참고문헌
저자소개

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UCI(KEPA) : I410-ECN-0101-2013-004-000556873