우리나라에 있어서 국제적 해상범죄에 대한 관할권 행사원칙

A Study on the Executive Jurisdiction on the International Maritime Crimes in Korea

Because South Korea is a maritime country surrounded with seas, there has been taken many international maritime crimes through marine routes. Moreover, with the regime of EEZ and the development of information technology of the 21st century and marine traffic, international maritime crimes are expanding worldwide with more intelligence, and via marine routes. Recently, international maritime crimes((marine-based drug trafficking, piracy, slavery transportation, and etc.) has been considered anti-humanitarian; recently violation against fishery agreements and smuggling are newly emerging. Marine crimes have three features : they are made in the expansive waters, their means are ships, and once they are made, their consequences are serious. If we take a look into aspects of these marine crimes, we can numerate internationally organized gangs’ piracy, Koreans’ smuggling into Japan, Korean Chinese smuggling into Japan and South Korea, North Koreans’ marine escape due to their nation’s structural changes, Russians’ smuggling camouflaged with fishery trade and employment. Though international crime agencies are corresponding to them, physical limitations such as its vastness of the ocean and weather changes and lack of information sharing between nations are making investigation difficult. Marine crimes also have a tendency to respond to neighbouring countries’ political situations sensitively. Futhermore, as far as South Korea concerned, with ideological conflicts of China, Japan, and Russia, escaping Northern Koreans to avoid starvation, airports linked to organized crimes, marine routes being adopted to overcome the limitations of the earth, such organized crimes are newly emerging as passport fabrication, illegal immigration, gun smuggling, piracy, and terror, etc. As marine crimes get organized and intellectual, present investigation system reveal its limitations. Here I suggest corresponding measure to six problems that our investigation agencies have. First, T/F team for organized marine crimes is necessary. Considering characters of international crime investigation, international cooperation needs to be upgraded to access information from abroad, and competitive investigation agencies equipped with professionals and equipment are required to be established. Second is strengthening cooperation in investigation. It is desirable that investigation agencies that grapple with Korean fugitives abroad, foreign fugitives in Korea and hardened criminals cooperate each other. Third is adopting scientific investigation methods, and fostering qualified policeman. To correspond to newly emerging crimes and international crimes, investigation methods need to get scientific, state-of-art equipment that suits features of crimes should be accessible, and trustworthy policemen who are intellectual about foreign affairs are necessary. Fourth is strengthening functions of KCG. The agency is performing many missions as much as we can say that it is taking full charge of prevention of marine crimes and law enforcement against them. For better exchanges with other countries’ marine law enforcement agencies, international affairs division of KCG should be promoted to foreign affairs bureau Fifth is strengthening international anti-terrorism and business xecurity protecting activities. In the midst of development of civilization and industrialization, and conflicts of region, race and ideology, international terrors have often happened not only on land but also in the ocean to retaliate against each other. Therefore, to prevent marine terrors, surveillance of industrial products on passenger ships and cargo ships should be upgrade. Sixth is strengthening international coalition in criminal law. International crimes are made on the ocean linked with organized criminals. To prevent this, each country is required to correspond, making a bilateral of multilateral treaties. And for fast information exchange, coalition making