해적행위의 처벌에 대한 비판적 고찰과 형법개정을 위한 제언
Critical Review on the Penalties of Piracy and Suggestion for Revision of Criminal Code
백상진(한국해양대학교)
13권 2호, 235~255쪽
초록
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.
Abstract
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.
- 발행기관:
- 한국비교형사법학회
- 분류:
- 법학