해적행위에 대한 형사법적 대응방안

• 영문명: Prevention of Piracy and Criminal Law
• 발행기관: 한국형사법학회
• 저자명: 최석윤(Choi, Suk-Yoon)
• 간행물 정보: 『형사법연구』형사법연구 제22권 제4호, 211~230쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.02.06

영문 초록

This study addresses a countermeasure against piracy in the viewpoint of criminal law. The core idea of this study is that the criminal law has also to contribute some help to the prevention of piracy. Piracy is the enemy of the human race. Pirates commit acts of murder, robbery, plunder, rape or other villainous deeds at sea, cruelly against humanity. Korea, as a big maritime country, is obliged to suppress piracy under international treaties it ratified, including the UN Convention on the Law of the Sea and the two 1988 Conventions against maritime terrorism. Though Korea's existing domestic law and law enforcement are not adequate to crack down on piracy effectively, Korea has been making increased efforts by tightening up anti-piracy measures. Korea is also taking a positive attitude towards the regional cooperation which is necessary for the suppression of piracy on the high seas or in the waters of foreign country such as the Aden Bay or the strait of Malacca. In spite of the effects of international coordination and cooperation to prevent piracy, it is recently on an increasing trend every year. Such circumstances may have a bad effect on the sound development of world economy by means of trade in sea as well as treat to the safety of crews and safe operation of ships. In oder to contribute a help to the prevent of piracy, Korean Criminal Law has to be somewhat revised and the international cooperation in criminal justice has to be more closely fixed.

목차

Ⅰ. 서 론

Ⅱ. 형법 제340조

Ⅲ. ‘해상안전법’

Ⅳ. 외국의 입법례

Ⅴ. 해적에 대한 형사소추

Ⅵ. 결 론

키워드

해적 해상강도 해상테러 유엔해양법협약 형사사법공조 piracy robbery at sea terrorism at sea the UN Convention on the Law of the Sea international cooperation in criminal justice