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

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 jurisdictionIn 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.