해양환경 관련 형법규정 연구

• 영문명: A Study on Criminal Law Regulations concerning Marine Environment
• 발행기관: 한국해사법학회
• 저자명: 崔錫胤(Choi Suk-Yoon) 梁珍榮(Yang Jin-Young)
• 간행물 정보: 『해사법연구』海事法硏究 第18卷 第1號, 141~167쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.03.01

영문 초록

  The national law on the prevention of marine pollution has heavy punitive clauses on the illegal act of discharge from the ships and marine facilities. However the punitive clause seems to be discriminated according to who the pollutant actor is. That is, the punishments varies from 1 year or 10 million won to 5 year or 50 million won in accordance with whether the illegal actor is ship"s crew or marine facility"s personnel; this difference is considered unreasonable clause to impose 5 times punishment for the same illegal act affected to the environment. On the contrary the regulations of the Japan and United States on marine pollution prevention have same punishment for the illegal actor whoever it is. Considering the benefit and protection of the criminal law on the environment is environment itself and the principle of the equity of the law, it is reasonable to impose a graded punishment in proportion with whether it is intentional or not and the scale of the pollution damage, rather than the illegal actor.

목차

Abstract
Ⅰ. 시작하는 말
Ⅱ. 해양환경 관련 형법규정의 내용
Ⅲ. 해양환경 관련 형법규정의 문제점과 개선방안
Ⅳ. 맺는 말
參考文獻

키워드

해양환경 해양오염 해양환경형법 해양오염방지법 양형 해양오염방지협약 Marine Environment Marine Pollution The Marine Environment Criminal Law The Protection Law of Marine Pollution Sentencing MARPOL