소말리아 해적 사건을 통해 본 국제해적처리를 위한 형사소송법 개정 및 입법에 관한 연구

• 영문명: A Research on Criminal Procedure Law Amendments for Arresting International Pirates
• 발행기관: 중앙대학교 법학연구원
• 저자명: 이강규(Yi Gang Gyu)
• 간행물 정보: 『법학논문집』法學論文集 第38輯 第2號, 171~195쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.09.30

영문 초록

In case where Somalia pirate defendants et al. were arrested, transported, delivered to domestic investigation and detained and charged with hijacking the ship operated by the Republic of Korea ("ROK" or "Korea") marine transportation company on the high waters near the Arabian Sea north of the Indian Ocean and committing an attempted murder during commission of marine robbery, etc. on the ROK citizen crew, the case holding that the defendants were in domestic detainment facility by lawful arrest, immediate delivery and lawful custody and thus, the domestic court as current location has territorial jurisdiction In South Korea criminal procedure code, arrest without warrant is divided into two kinds. The one is "arrest of flagrant offender" which is stipulated in the Article 212 of the Criminal Procedure Act (Arrest of Flagrant Offender): Any person may arrest a flagrant offender without a warrant. The other is "emergency arrest" stipulated in the Article 200-3; right of arrest is restricted to police and prosecutors. Therefore overseas criminal who commits any crime against Korean outside the Republic of Korea cannot be arrest by navy under the Article 200-3. Considering the fact domestic investigation authority has difficulty in approaching overseas crimes, the Article 200-3 of the Criminal Procedure Act needs to be revised. It can be amended like "the provision of article 212 with respect to shall apply in overseas crimes." Through the revision, non-domestic investigation authority like navy can arrest criminals outside Korea territory even if the criminals are under the Article 200-3 of the Criminal Procedure Act

목차

대상판결: 대법원 2011. 12. 22. 선고 2011도12927 판결

Ⅰ. 문제의 제기

Ⅱ. 외국인의 국외범 체포의 법적 근거

Ⅲ. 대상판결에서의 체포절차와 형사절차규범상 문제점

Ⅳ. 해결방안

Ⅴ. 결론

참고문헌

Abstract

키워드

소말리아 해적 현행범체포 긴급체포 국외범 처벌 국제해양법 Somalia Pirates Arrest of flagrant offender Emergency arrest Punishment of overseas criminal International Maritime Law