精神障碍者의 海洋 犯法行爲에 관한 硏究

Abstract

The international safety management system and safety environment became established by SOLAS and ISM Code went into effect. However, security matters of ship and port facility has been on the rise after 911 terror that occurred by flight attack on 11 September 2001 in USA.

The provisions related with security are arranged in SOLAS, and ISPS Code is established by the International Maritime Organization. IMO also carries out amendments of SUA convention and protocol. It has adopted them in the diplomatic conference in October 2005.

The Daegu's subway fire tragedy happened on 18 February 2003 and the burning of Korea's No.1 national treasure Sungremoon happened on 10 February 2008 have occurred by a criminal known as 2nd level mentally handicapped. Whenever the crimes such as above occur, it is mentioned that the crimes may have related with a mentally handicapped person. The purpose of this study prevents a large scale damage of human lives, property, and environment at sea as prevention of crimes have committed by the mental handicapped.

First of all, the type of mental disorders was studied, and relationship between mental disorders and crimes, legislation cases for standards of responsible ability are searched, and then standards of responsibility capacity and security management for a mentally handicapped person in the domestic criminal law are reviewed. Crimes at sea are studied, and crimes committed by mental handicapped at sea are analyzed by a questionnaire research.

Then, the study establishes the strategy for prevention of crimes that committed by mental handicapped at sea. The strategy is consisted from strategy of criminal law, security administration, and world mutual cooperation.

The introduction of public security system for ships as strategy of criminal law has to be a security force of ships or marine structures for prevention of crimes committed by the mental handicapped at sea. Secondly, it should propose an assertion of reinforcement for execution of "Maritime Security act" which is the act of punishment for damaging ships or marine structures. It would be fine to change the act name to "Maritime Security act", improving the existing law, and establishing ‘the crime for interruption of ship navigation’.

In the strategy of security administration and marine security management have to be strengthened in the first place. Secondly, it is the legislation for passenger ship's security. It should immediately establish a law on security level, prevention of danger, security inspection, countermeasures of security incident, etc. for passenger ship's security. Third, it is a psychiatric test for seamen suggesting making an addition psychiatric test item to Seamen's medical certificates before onboard. Therefore, mental handicapped seamen's right can be protected and crimes committed by the mental handicapped criminal at sea are also prevented in advance, as well as managing seamen's mental health.

In the strategy of world mutual cooperation, first, a standards of International Criminal Court has to be established about Rome Statute article 31(1)(a)(mental handicapped). Standards of each country about mental handicapped are different. A standards of International Criminal Court has to be established on responsibility incapacity of the mental handicapped enacted the Rome Statute because Diagnosis Standards of mental handicapped differ from country to country. Secondly, it is necessary to add the psychiatric test item to foreign seamen's medical certificates by Maritime Labour Convention 2006 provision 1.2(medical certificate) being revised as world mutual cooperation for seamen's mental health.