Journal of the Korean Society of Marine Environment & Safety (해양환경안전학회지)

The Korean Society of Marine Environment and safety (해양환경안전학회)
권호 표지
DOI QR코드

DOI QR Code

A Study on Establishment of High-Risk Areas for the Prevention of Piracy Damage

해적피해 예방을 위한 고위험해역 등 설정 방안

  • An, Kwang (Division of Navigation and Information Systems, Mokpo National Maritime University)
  • 안광 (목포해양대학교 항해정보시스템학부)
  • Received : 2021.12.06
  • Accepted : 2022.02.25
  • Published : 2022.02.28
Download PDF
⟨ Previous Next ⟩

Abstract

Piracy cases have been increasing globally since 2007. Recently, the waters of West Africa including the Gulf of Guinea, emerged as the most dangerous areas in the world. To prevent piracy damage to ships and crew, the Korean government amended the Piracy Damage Prevention Act on August 17, 2021 to newly define the risk area and the high-risk area for piracy. It also established the legal framework for restricting the entry of ships into such high-risk areas. This study aims to discuss and present a plan for establishing risk areas and high-risk areas for piracy to be noticed by the government in accordance with the amended Act. In this study, international piracy trends, international response measures and the status of international high-risk areas were investigated and analyzed, the matters to be considered to designate high-risk areas were identified. It is expected that the resulting information on high-risk areas for piracy can be utilized not only for the development of government policies on the prevention of piracy, but also as basic academic data.

2007년 이후 세계적으로 해적 사건이 증가하고 있으며, 최근에는 기니만 해역을 포함하여 서아프리카 해역이 세계에서 가장 위험한 해역으로 대두되고 있다. 한국 정부에서는 우리 선원과 선박의 해적피해를 예방하기 2021년 8월 17일 「해적피해예방법」을 개정하여 해적 고위험해역 및 위험해역을 새롭게 정의하고, 고위험해역에 선박의 진입제한 근거를 마련하였다. 본 연구의 목적은 개정 법률에 따라 정부에서 고시해야 할 해적 위험해역 및 고위험해역 설정 방안을 검토하여 제시하는 것이다. 본 연구에서는 해적사고 동향, 국제적 고위험해역 설정 현황 및 해적퇴치에 관한 국제적 대응 현황을 조사 및 분석하여 고위험해역 등을 설정시 고려해야 할 사항을 도출하고 이를 바탕으로 위험해역과 고위험해역의 지리적 범위를 제시하였다. 본 연구의 결과로 제시된 해적 고위험해역 등에 관한 자료는 해적피해 예방에 관한 정부의 정책 개발뿐만 아니라 학술적 기초자료도 활용될 수 있을 것으로 기대한다.

Keywords

References

  1. Baniela, S. I.(2010), Piracy at Sea: Somalia an Area of Great Concern, The Journal of Navigation, Vol. 63, pp. 191-206, The Royal Institute of Navigation. https://doi.org/10.1017/S0373463309990439
  2. BIMCO, ICS, IFSMA, IGP&I Clubs, INTERTANKO, INTERCARGO, INTERMANAGER, and OCIMF(2018a), Global Counter Piracy Guidance for Companies, Masters and Seafarers, Witherby Publishing Group Ltd., 2018, Scotland, UK.
  3. BIMCO, ICS, IGP&I Clubs, INTERTANKO, and OCIMF (2018b), Best Management Practices to Deter Piracy and Enhance Maritime Security in the Red Sea, Gulf of Aden, Indian Ocean and Arabian Sea (BMP 5), Version 5, Witherby Publishing Group Ltd. 2018, Scotland, UK.
  4. IBF(2014), International Bargaining Forum, IBF LIST of warlike and high risk designations, with main applicable benefits, as of 1st July 2014.
  5. IBF(2020), International Bargaining Forum, IBF LIST of designated risk areas, with applicable benefits, as of 1st November 2020.
  6. ICS(2020), International Chamber of Shipping, Piracy in West Africa 2020, Current Issue, Retrieved from https://www.ics-shipping.org on 6 September 2021.
  7. ICS, BIMCO, Intercargo, IG P&I, INTERTANKO, Intermanager, and OCIMF(2018), Guidelines for Owners, Operators and Masters for protection against piracy in the Gulf of Guinea region, Version 3, June 2018.
  8. ICS, BIMCO, IGP&I Clubs, INTERCARGO, INTERTANKO, and OCIMF(2020), Best Management Practices to Deter Piracy and Enhance Maritime Security off the Coast of West Africa including the Gulf of Guinea (BMP West Africa), Version 1, published March 2020.
  9. IMB(2021), International Maritime Bureau, Piracy and Armed Robbery Against Ships. Report for the Period 1 January - 31 December 2020, January 2021, London.
  10. IMO(2009), The Code of Conduct Concerning the Repression of Piracy and Armed Robbery Against Ships in the Western Indian Ocean and the Gulf of Aden, Adopted on 29 January 2009, Retrieved from https://www.imo.org on 9 September 2021.
  11. IMO(2010), Piracy and Armed Robbery against Ships in Waters off the Coast of Somalia, Best Management Practices to Deter Piracy in the Gulf of Aden and off the Coast of Somalia developed by the industry (BMP Version 3), MSC.1/Circ.1337, 4 August 2010.
  12. IMO(2021a), Resolution MSC.489(103), Recommended Action to Address Piracy and Armed Robbery in the Gulf of Guinea, adopted on 14 May 2021.
  13. IMO(2021b), Report of the Maritime Safety Committee on its 103rd Session, MSC 103/21, 25 May 2021.
  14. IMO(2021c), Piracy and Armed Robbery against Ships, Revision of the High Risk Area Submitted by ICS, BIMCO, OCIMF, INTERTANKO and INTERCARGO, MSC 104/8/2, 13 August 2021.
  15. IMO(2021d), Piracy and Armed Robbery against Ships, Comments and analysis on the review of the High-Risk Area for piracy in the Indian Ocean Submitted by Kenya, MSC 103/10/2, 9 February 2021
  16. IMO(2021e), Piracy and Armed Robbery against Ships, Comments on document MSC 103/10/2 and review of BMP5 Submitted by ICS, BIMCO, OCIMF, INTERTANKO and INTERCARGO, MSC 103/10/4, 5 March 2021.
  17. Mok, J. Y., Y. S. Choi, and M. S. Kim(2010), Measures to Improve Laws to Prevent Piracy, December 2010, Korea Maritime Institute.
  18. KLIC(2021), Korean Law Information Center, Act on the Prevention of Damage to Ships, Etc. on International Voyages from Piracy, Partial Amendment on 17 August 2021, Act No.18427 6503, Retrieved from https://www.law.go.kr on 6 September 2021.
  19. MOF(2020), Ministry of Oceans and Fisheries, Measures to Strengthen the Prevention of Piracy in the West African Waters, July 2020, Retrieved from https://www.mof.go.kr on 6 September 2021.
  20. MOF(2021), Ministry of Oceans and Fisheries, Trend of Global Piracy Incidents in the First Half of 2021, 2021, Retrieved from https://www.mof.go.kr on 6 September 2021.
  21. NMA(2016), Norwegian Maritime Authority, MarSec Level Norwegian flagged vessels, NIS/NOR Circular no. January 2016.
  22. UN(2008), Security Council Resolution 1816 (2008), S/RES/1816 (2008) Adopted by the Security Council at its 5,902nd meeting on 2 June 2008.
  23. UN(2011), Security Council Resolution 2018 (2011), S/RES/2018 (2011) Adopted by the Security Council at its 6,645th meeting on 31 October 2011.
  24. UN(2012a), Security Council Resolution 2039 (2012), S/RES/2039 (2012) Adopted by the Security Council at its 6,727th meeting on 29 February 2012.
  25. UN(2012b), Security Council S/PRST/2012/24, Statement by the President of the Security Council, 19 November 2012.
  26. UN(2013), Security Council S/PRST/2013/13, Statement by the President of the Security Council, 14 August 2013.
  27. UN(2016), Security Council S/PRST/2016/4, Statement by the President of the Security Council, 25 April 2016.
  28. UN(2020), Security Council Resolution 2554 (2020), S/RES/2554 (2554) Adopted by the Security Council on 4 December 2020.
  29. UN(1982), United Nations Convention on the Law of the Sea, 1982, Retrieved from https://www.un.org on 6 September 2021.