Journal of the Society of Disaster Information ISSN:1976-2208(Print) 2671-5287(Online) 한국재난정보학회논문집

Purpose: This study examines the statutory requirements and scope of terrorism under Article 2, subparagraph 1 of the Korean Anti-Terrorism Act, focusing on the legal treatment of cyberattacks and electromagnetic pulse (EMP) attacks. Method: A doctrinal and systematic analysis was conducted of the Anti-Terrorism Act, relevant judicial decisions, and sector-specific statutes regulating cyberattacks and high-powered electromagnetic-wave attacks. Result: Article 2, subparagraph 1 is a definitional provision rather than a comprehensive criminal offense. Statutory terrorism requires both a prescribed purpose and an enumerated act, while affiliation with a United Nations-designated terrorist group is neither necessary nor sufficient. Cyberattacks and EMP attacks are not independently enumerated as terrorist acts but may be functionally subsumed when used to carry out existing statutory acts involving aviation, maritime, or nuclear facilities. Other conduct, including data theft, data destruction, ransomware disruption, and network paralysis, may be regulated under sector-specific statutes without qualifying as terrorism. This creates a classification and application gap rather than a complete regulatory vacuum. Conclusion: The statutory definition of terrorism should be interpreted strictly. Legislative reform should clarify the required purpose, severity of functional disruption, protected interests, relationship with sector-specific statutes, and distinction between state and non-state conduct.