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KCI등재후보 학술저널

Legal Review of the Use of COUNTERRERRORISM Drones

DOI : 10.22471/terrorism.2020.5.2.56
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Purpose: This study aims to discuss the roles and responsibilities of state agencies using drones to prevent terrorism, which threatens national security, which is distinct from general criminal offenses. In this regard, first of all, we will look at the recent development status of drones and the definition of legal concepts, and then discuss the rational operation plan of drone use in the field of national security. In the use of drones for counter-terrorism, in consideration of the legislative purpose of the Personal Information Protection Act, the principles of personal information protection, rights of data subjects, and responsibilities of the state must be observed, and evidence under the Criminal Procedure Act. It is necessary to review exceptional regulations because it is a na-tional security violation that mainly infringes on national legal interests. Method: Considering the increasing trend of drone use for crime prevention due to the recent development of advanced science and technology, the legality and requirements of drone use are discussed through literature research focusing on legal problems that can be a problem when using drones and related precedents. Results: In the case of crimes that threaten national security, such as terrorism, laws can limit the basic rights of the people. For this purpose, if a state agency uses drones, a serious violation of the basic rights of the people s privacy is involved. The legal basis for information and investigation activities must be clearly established. Conclusion: Therefore, It is necessary to meet the actuality of the crime, the necessity and urgency of the evi-dence preservation in order for Intelligence and Investigative agencies to collect evidence using drones for crimes of national security violations such as terrorism and to be recognized for their proof ability.

1. Introduction

2. Review of Application of Personal Information Protection Act

3. Review of the Application of the Criminal Procedure Act

4. Reasonable Operation Plan of Drone

5. References

6. Contribution

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