해적대응 무장요원 승선을 위한 국내법 개정방안에 관한 고찰

Abstract

Nowadays, with highly advanced technology of science and communication, international trades and personnel exchanges have flourished day by day. Especially, maritime transport which has the merit of mass transportation, consequently it has taken 85% share of world trades. For this reason, maritime safety and security, especially the safety of seafarers and vessels has become the inevitable common interests for stable economic activity and development of all mankind. However, piracy and armed robbery at sea persistently has occurred all across the world's oceans in this civilized society despite the modernization of ships. This is posing a threat to the safety of seafarers and ocean-going private vessels, which has severely influenced on maritime transport. Particularly, Somali piracy has extended their attack even to the Indian Ocean in more sophisticated way. This changed phenomenon requires new countermeasures for anti-piracy different to the existing several ways such as the Best Management Plan, navy warship escorting and cooperation scheme of international communities. Hence, Privately Contracted Armed Security Personnel(hereinafter PCASP) were introduced as a new self-defense measure to protect vessels and seamen themselves against pirate attack under aforementioned background. In fact, most of vessels passing High Risk Area where Somali pirates appear have employed PCASP onboard. However there is no legal ground and related regulations about PCASP, qualification requirements and operational procedures not only in the international law but also in Korean laws except for IMO guidelines. As the PCASP possesses firearms and can use weapons in case of the pirate attack, there is a high probability of human life casualties and other several derived problems. Therefore it is high time to legislate relevant regulations in the domestic and international legal system, preferentially it requires amendments in some national acts related with maritime security, weapons control and security guard matters. This paper has studied several existing national laws in respect of introduction for PCASP and suggests amendment options.