비전통적 해양안보관할권 강화를 위한 법제 연구

Abstract

A Study on Legal System for Reinforcement of

Unconventional Maritime Security Jurisdiction

by Ryu, jae-jun

Major in Maritime Law

Department of Maritime Law

The Graduate School of Maritime Industrial Studies

Korea Maritime University

Busan, Korea

Abstract

With a new concept named comprehensive security from the 21st century, the unconventional maritime security threat became changing and complex. Especially, unconventional security threat to North-East countries including Korea, the world powers' hegemony struggle area, has been more complex. Moreover, most security events are recently shifting to unconventional security problems in the sea. However, it is doubtful that the present law system can effectively cover those complex and changing security threats. That is, the maritime security jurisdiction is absolutely not guaranteed in the cases of the emergency.

This thesis classifies unconventional maritime security threats, and suggests some directions of improvement in it's law system for adjusting unconventional maritime security jurisdiction, based on the national interest and safety.

Unconventional security threat can be classified as three groups : North Korea(N·K), neighboring countries, and superstate. Typical threatening elements from the first group will be terrorism on the sea, proliferation of WMD(Weapons of Mass Destruction), or various unlawful actions. Those from the second group will mostly be maritime territorial dispute such as the possession right on Dokdo or EEZ jurisdiction. And those from the last group will be the issues from the pirates, sea armed robbers, or terrorism on the sea. It is necessary to reform maritime security jurisdiction, since UNCLOS does not clearly express on the problems of the maritime security. In the case of SUA, it seems to be difficult to obtain its universality or effectiveness. One of the requisites will be to increase the number of the member nations, and making common law as quickly as possible. In the case of ISPS Code, the number of the ships related is limited. For example, defending on attacking by bomb suiciding of small fast boat is very difficult. Even though N·K alleged to nullify the Armistice Agreement recently, it cannot be abrogated by one side. Therefore, it is required for us to immediately repel and punish the N·K's invasion in accordance with the right of self-defense in Charter of the UN and the Armistice Agreement.

Meanwhile, in the case of domestic laws related the maritime security jurisdiction, there are some laws such as Article 340 of the Criminal Law, Domestic laws for SUA and ISPS Code, Integrated defense Law, Maritime Policing Act, etc. Nevertheless, it is not easy to apply the rule into the various maritime security threats.

In addition, the PSI, alongside with 2005 Protocol to the SUA Convention, UN Security Council Resolution should be actively carried out. At the same time, Domestic laws should be clearly made for the effective execution.

For enforcement of unconventional maritime security jurisdiction, at last, a special Act should be made, since the old laws and regulations have not effectively reflected on the new concept of the maritime security, including a newly cooperated organization mixed with civil, government, military and police should be established for the defense of the unconventional maritime security threats.