Earticle

초록

영어

Piracy has threatened the benefits of all nations for a long time since human advanced the ocean. Because of that, all nations have regarded the piracy problems to be serious for a long time. As piracy has worked on the sea route of all maritime nations and threatened the political and commercial benefits of mankinds, International Law regards piracy as the universal crime and enables any piracy-arresting nation to punish him.
Universal jurisdiction is an extraordinary and unique principle existing today in international law. Crimes subject to universal jurisdiction are considered crimes of all mankind. Universal jurisdiction has allowed nations the ability to punish perpetrators of the most heinous of international crimes. Universal jurisdiction has become an important yet controversial issue in international law.
The rescue operation of Samho Jewelry from Somali pirates on January 22, 2011 and subsequent investigations, indictment and trial for these pirates in Korea have raised many novel issue and questions. One of the issues in this regard is the necessity to introduce a provision in the Korean Criminal Code, which pronounces the “universal jurisdiction” for the crime of piracy along with other jus cogens crimes under international law.
This situation would cause unnecessary confusion and tension in the future because Korea does accept and recognize the universal jurisdiction and the universal jurisdiction is the concept that a country can exercise jurisdiction for a certain crime (such as piracy) committed by a foreigner against another foreigner in a foreign country. Futhermore, this tension is further exacerbated when it comes to certain international conventions Korea has even assumed an obligation to exercise universal jurisdiction. Regarding piracy in particular, the universal jurisdiction under the 1982 UNCLOS is permissive as opposed to mandatory. Nonetheless, when korea choose to exercise universal jurisdiction under the 1982 UNCLOS, the gap between Korea’s general recognition of universal jurisdiction and the absence of specific provisions in the Criminal Code may put Korea in a dire situation.
To remedy the current situation and to introduce an effective system to combat international piracy where Korea has a lot of national interest at stake, the Criminal Code would have to be amended so as to introduce the principle of universal jurisdiction. Subsequently, specific provisions of the Criminal Code setting forth punishment of individual crimes and specific provision of various individual implementing legislations for international conventions can be amended or fine-tuned in order to establish an effective judicial system to cope with piracy.

목차

Ⅰ. 서론
 Ⅱ. 해적행위의 개념 및 규제
  1. 해적행위의 개념
  2. 해적행위 규제에 관한 국제법적 근거
 Ⅲ. 해적행위에 대한 보편적관할권
  1. 관할권의 개념과 분류
  2. 보편적관할권의 개념
  3. 보편적관할권을 적용하기 위한 이론적 근거
  4. 해적행위와 보편적관할권
 Ⅳ. 보편적관할권의 국내법적 적용
  1. 해적의 법적 정의와 국내법의 적용
  2. 소말리아 해적사건의 재판
 Ⅴ. 결론
 [참고문헌]
 

키워드

저자

• 오미영 [ Oh, Mi-Young | 동국대학교 법과대학 부교수 ]
• 오현철 [ Oh, Hyeon-Cheol | 동국대학교 일반대학원 법학과 박사과정(국제법 전공) ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  비교법연구 [The Journal of Comparative Law]

• 간기

  연3회

• pISSN

  1598-3285

• 수록기간

  2000~2025

• 십진분류

  KDC 360 DDC 340