公海에 있어서 刑法의 域外適用 - 유엔해양법협약상의 추적권 행사와 관련하여 -

Extraterritorial Application of Criminal Law on The High Seas - with respect to the right of hot pursuit in UNCLOS -

The general rule under international law is that private ships sailing the high seas are subject to the exclusive jurisdiction of the state whose flags they fly. This principle, which is known as the exclusivity rule of flag-state jurisdiction, is the pillar of the international law of the sea. One of the exceptions to this exclusivity rule is the right of hot pursuit. The right of hot pursuit is a coastal state's right to pursue a foreign vessel that has committed an offence within its maritime jurisdictional zones, onto the high seas and to arrest it on the high seas. This paper argues about extraterritorial application of the coastal state's crimial law to foreigners(on foreign ships) who have committed crimes on the high seas against the coastal state's officials during hot pursuit. There are provisions about passive nationality principle in korean criminal law. So such crimes on the high seas can be regulated by those provisions. But I think it is nessasary to prepare a clause about extraterritorial application of some provisions of criminal law in 'the law of high seas and contiguous zone'.