• Journal of Legislation Research
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• no.55
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• pp.167-191
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• 2018

Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.

• Korean Security Journal
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• no.48
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• pp.79-111
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• 2016

This study aims at analyzing the global trend of standardization in the field of Industrial Security through ISO/TC 292. It covers broad areas from risk management for industrial property protection and loss prevention through supply chain security, product and document fraud and counterfeiting countermeasures and control and community resilience. It also explores the historical background of the standardization in the security field, how ISO TC 292 came out as a leading group in order to standardize relevant security management systems. TC 292 deals with terminology, general security-related standards and supply chain security management. One of the major findings from this analysis is that security targets and threats are diversified and so organizations like enterprises should have proper flexibility to adapt themselves to new security environment and take appropriate resilience system to cope with the threats and incidents. Also the ISO standardization requires public or private entities to take holistic approaches in security management. Finally, it was found that South Korea has to prepare for this global trend of standardization in this field so that ISO certification market demand and the requirements for transnational trades can be well met.