정보사회에 있어서 ‘안전국가’ 법규의 정립방향에 관한 소고

It is no doubt that information technology is the key factor of national safety. Information technology is positively useful for national security such as crime prevention and detection, criminal investigation, disaster management, and national defense. However, it might be a threat to the security as we saw in the examples such as ‘3.4 DDoS attacks' and ‘Nong-hyup Computer Network Failure.' Although the effect that information technology makes upon the national security is immense, the current legal system does not reflect these changes well. National security should be kept during ‘prevention-response-recovery' process regardless it is in the online on offline. In addition, public administration for national security should be based on laws. However, the current legal system is lack of legislative basis on cyber and physical disaster, and the laws on the response to disaster might cause confusing.
Therefore, this study examines the limitation of the current legal system on national security, and suggests directions for the development of the system based on the new establishment of the legal concept for 'national security'.