소말리아 해적사건에 대한 형사재판의 쟁점

Abstract

A piracy is on an increasing trend every year, despite the effects of international coordination and cooperation to prevent it. Especially, the pirates around Somalia are becoming bigger, systematic and ferocious. Above all, Korean ships and sailors have become good targets of the pirates, like Samho Jewelry incident. In such a situation, it would be effective for the piracy prevention to judge Somalia piracy in Korea. The Supreme Court confirmed the original verdict to the Somali pirates, as imposing punishments for crimes of an attempted murder by maritime robbery, an attempted murder by robbery, an injury by maritime robbery, an injury by robbery and an accidental injury by obstruction of the performance of special official duties and for an violation against Act on punishing harm to a ship and maritime structure. This paper would examine the issues of criminal trial on the Somali pirates through dividing into issues of substantive law and those of procedural law. Issues regarding the substantive law about Somali piracy acts are the range of application of the Criminal Law, the names of a crime depending on patterns of acts and number of crime, and the range of accomplice. Issues regarding the procedural law about Somali piracy acts are legality of arrestment, extradition and imprisonment, time to guarantee the right to have counsel. In addition, it would be discussed if absolute cosmopolitanism should be introduced into the criminal law, if the legislation of 'Special Bill on Korean Army Activities in the Somali-waters' is indeed necessary, and how sea robbery in criminal law should be revised.