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학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
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연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
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The purpose of this study is to consider a countermeasure against piracy in the viewpoint of criminal law and make a concrete suggestion of revision of the criminal code.
Whenever discussing issues of piracy, there has always been a problem of definition because each nation provides a piracy different , and its meaning is ambiguous. Piracy is divided into the narrow definition which is provided in United Nations Convention on the Law of the Sea of 10 December 1982("UNCLOS") and the wide definition which is in accord with the changed international environment. Because the piracy is involved in the universal jurisdiction by UNCLOS article 105 which provides that "every State may seize a pirate ship" on the high seas, it is reasonable to follow the narrow definition of piracy in the UNCLOS.
However, this definition does not sufficiently consider today's diverse and complex types of piracy. Therefore it is necessary to have domestic legislation with the wide definition of piracy. The blank of the universal jurisdiction that is able to occur this time must get filled up with the multilateral international treaties like the convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation.
Today, a piracy is likely to be linked by means of terror. So comprehensive countermeasures have to be considered from the political, economic, military, and social aspects in order to ensure the safe sea traffic route. However, the current criminal law with robbery as the center can not meet these requirements.
It is important to crack down on piracy in focus of social legal benefit.
Although piracy is very complex and diversified since the criminal code enacted in 1953, criminal provisions related to piracy and pirates are never revised. So our criminal code does not sufficiently include the types of pirate crime. To satisfy the international demands, the general types of piracy with no controversy between intentional society have to be included in the criminal code. In addition, it is required to fill a gap of punishment for piracy with introduction of the universal jurisdiction in the criminal code for enlargement of its scope of application.
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참고문헌 (41)
참고문헌 신청
/ 2000 / Paragraph 2 of the IMO Draft Code of Practice for the Investigation of the Crimes of Piracy and Armed Robbery against Ships, annexed to MSC/Cir.948
/ 2001 / International Chamber of Commerce, International Maritime Bureau, Piracy and Armed Robbery against Ships, Annual Report, 1 January - 31 December 2000 : 2 ~
Cassese, A / 2005 / International Law, 2nd ed / Oxford University Press : 435 ~ 436
Douglas Guilfoyle / 2008 / Piracy off Somalia: UN Security Council Resolution 1816 and IMO Regional Counter-Piracy Efforts / International & Comparative Law Quarterly 57
Dutton, Yvonne M / 2010 / Bring Pirates to Justice: A Case for Including Piracy within the Jurisdiction of the International Criminal Court / the Chicago Joural of Inernatio
/ 2001 / International Chamber of Commerce, International Maritime Bureau, Piracy and Armed Robbery against Ships, Annual Report, 1 January - 31 December 2000 : 2 ~
Cassese, A / 2005 / International Law, 2nd ed / Oxford University Press : 435 ~ 436
Douglas Guilfoyle / 2008 / Piracy off Somalia: UN Security Council Resolution 1816 and IMO Regional Counter-Piracy Efforts / International & Comparative Law Quarterly 57
Dutton, Yvonne M / 2010 / Bring Pirates to Justice: A Case for Including Piracy within the Jurisdiction of the International Criminal Court / the Chicago Joural of Inernatio
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