해적행위에 대한 처벌상의 문제점과 개선방안

As the history of human beings has developed, and transportations have developed, too. So we can travel wherever we want without any difficulties. Since the history of human beings is the same as that of crimes, the development of transportations is proceeded along with crimes. For a long time piracy has committed by means of acts of violence as plunder on the sea. However nowadays, piracy is different from the former. Methods and types to piracy is getting increasingly diversified everyday. Particularly a piracy is limited on a robbery on the sea in the past, but now types of piracy change to commit an act of terrorism for ships or planes. I decide to decline these types as piracy because the latter of piracy often happens as a certain crime type of robbery on the sea to gain economic benefit for an act of terrorism by terrorist groups and distinction of an act of terrorism and robbery on the sea is very difficult. Another reason is all types of piracy is a violence for transportation. Although Criminal law § 340. regulates robbery on the sea, this provision doesn't include other type of piracy. It's old-fashioned. So through the comparison of other countries' law, I want to construct the provision newly, such as including crime of traffic disturbance. Because piracy may be regarded an illegal act on general transportations. Although an ex post facto legislation is impossible to regulate being ahead of a certain act, as piracy is an invasion not only simple ships of general transportations but also economical or social order, Criminal law must be regulated new types of piracy through codification.