IUU어업행위에 대한 최근 국제사회의 입법 및 판례 동향과 국내 대응방안에 대한 연구

International community including FAO, Regional Fisheries Manage- ment Organization (RFMO), EU, U.S. and other countries has raised the issue of IUU fishing activities and promoted the regulation in that regard. As a member of OECD and one of important fishing nations, Korea should also keep participating actively in this movement to promote international development of sustainable fisheries in world oceans. U.S. v Bengis case has presented some important implications. First, the case is regarding illegal seafood import into the United States. According this case, representatives of that import company and South African export company should compensate civil remedies to the South African government in addition to criminal responsibility on the wrongdoing occurred. This case is expected to be leading case to the judgment of a similar case in the United States as a precedent. As a internationally joint cooperation against IUU issues, if major seafood market countries like EU accept legal principles similar to U.S. v Bengis case in their countries, Korean deep-sea fishing companies should pay attention to reduce the possible significant legal risks. Second, in U.S. v. Bengis, the amount of damage to victim is equivalent to the value of fishery resources caught illegally pirated. It is calculated to the market price at the time of calculation of damages by multiplying the amount of illegally caught in South Africa. This decision is meaningful because it provides more clear way to calculate the damages in this regard. Third, the U.S. government and South African government discussed and cooperated closely in the development of the investigation into this case, which is meaningful as a successful example for the international judicial cooperation on IUU related decision. As for domestic countermeasures, Korea should keep revise Korean Deep-Sea Industry Development Act to reflect international community's trend for the sustainable fisheries as a responsible fishing countries. Second, Korean company which stationed in U.S. should consider operating compliance program actively to prevent possible legal responsibility on FCPA. Third, it is also important whether the RFMO or coastal countries' procedure to identify IUU listed vessels is fair and equitable in terms of due process. Therefore, it is necessary to make follow-up study in-depth regarding coastal states and RFMO's related policies and procedures.