국제해사기구(IMO)의 해적수사 결의서 분석을 통한 한국해양경찰의 수사역량 강화 방안 연구: IMO 해적행위와 해상강도행위의 수사에 관한 실천 규정을 중심으로

Abstract

International Maritime Organization introduced a code of practice for investigating piracy and armed robbery against ships in 2002 and renewed the resolution in 2010, adding more information regarding piracy near the Gulf of Aden, Somalia. Since the resolution contains practical information about piracy investigation strategy, skills, and know-how, analyzing the resolution is critical to provide technical knowledge to law enforcement agencies. Therefore, this study aims to analyze the resolution and suggest applying it to Korea Coast Guard to build piracy investigation capacity. The resolution provides information on the piracy investigation with five sub-categories. First, as prior considerations before investigation, each country needs to prepare a legal basis for the arrest, prosecution, and punishment of piracy. Second, the core seven priority goals of investigation should be contained when training investigators. Third, sharing information among stakeholder countries and companies as a strategy for information. Fourth, when dealing with an initial report of a piracy case, the investigators should keep five priorities at the scene. Finally, the six principles of practical investigation are provided by the resolution. This study proposes three ways to enhance the piracy case investigation capability of the Korea Coast Guard by reflecting the resolution. Firstly, the criminal investigation rules of the Korea Coast Guard need to be amended as allowing the international conventions or rules on the piracy investigation are easily applied in piracy investigations. Secondly, professional training courses for piracy investigators should be developed in the Korea Coast Guard Academy. Thirdly, it is necessary to constantly dispatch experts to international organizations to establish international cooperation channels and networks.