• The Journal of the Korea Contents Association
• /
• v.9 no.12
• /
• pp.777-786
• /
• 2009

In recent, the ships of the Republic of Korea have been suffered from acts of piracy at the seas. With the increase of the threats from the acts of piracy and armed robbery against ships, some of the countries have dispatched their navy warships to the international waters and to carry out military operation against the pirates. However, the total eradication of the piracy has not been achieved due to the lack of international cooperation and the limitation of the international maritime convention itself. In addition, the absence of counter-measures to be taken by the ships itself including the employment of the professional maritime security forces should not be overlooked. In this connection, this paper examined the reality of the piracy together with armed robberies at the seas and the problems in the response were also analyzed. Based on the research, it suggested some possible measures with special reference to the private security. The limitation of this paper is that it only focus on the aspect of the private security. In this paper, the cooperation among the countries according to the maritime convention and internationally accepted norms and practices. To achieve the goals of this paper, through the comparative review of the related literatures, the practical measures applicable to the prevention of the piracy were suggested.

• Proceedings of KOSOMES biannual meeting
• /
• 2006.05a
• /
• pp.141-152
• /
• 2006

Along with unification world market, marine transportation has become important for international community. At the same tome, piracy, armed robbery and maritime terrorism which threaten marine transport have been issued in international society. International organization like a IMO has continued to regulate maritime crimes by international law and regulation. Bearing in mind the in importance of the issue, this article analyze maritime crimes covering piracy, armed robbery and maritime terrorism about definition and legal character and pointed out problems. Finally it suggest methods to enhance international regulation on them.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.20 no.1
• /
• pp.26-32
• /
• 2014

The increased threat to commercial shipping by Somalia-based pirates has triggered an increased use of PMSC(Private Maritime Security Contractors). The use of PMSC to protect merchant ships against Somali-based piracy threat seems to have been most effective counter-piracy measures. However, there are various legal and practical questions around using PMSC and PCASP(Privately Contracted Armed Security Personnel) on board at sea. This paper aims to study the regulation and its problems of PMSC and PCASP on board to protect merchant ships against Somali-based piracy in the Indian Ocean and Gulf of Aden. In particular, this paper focuses on the legal issues including jurisdictional issues of PCASP on board merchant vessels, use of force by PCASP in self-defense, and authority for using PMSC. Currently, the legal framework relating to use of PMSC and PCASP on board protecting ships from Somali-based piracy is complex, sometimes ambiguous or inconsistent, and currently in a state of flux. Thus, this paper concludes that at this juncture an effort to coordinate this legal framework is necessary, as regards both the interpretation of existing rules related to PCASP on board merchant ships under UNCLOS(United Nations Convention on the Law of the Sea) and the creation of new rules. Also, this paper suggested that there is an urgent need to establish the PMSC-specific laws in Korea.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.24 no.2
• /
• pp.223-231
• /
• 2018

In West Africa and Southeast Asia including Somalia, piracy attacks still take place that threaten safety of ships and the lifes of seafarers. In order to protect Korean flag ships and the seafarers on board from piracy attacks, the government of the Republic of Korea established the Act to Prevent Piracy Attacks on International Ships on Dec. 27, 2016. This act legally provides for the establishment of Maritime Security Operatives (MSO) on board ships navigating high risk areas to ensure security. Furthermore, mandated training for MSOs is required to prepare them to carry out their duties effectively. In this paper, a new training course for MSOs according to domestic law is suggested through analysis of IMO documents and the MSO training provided by foreign nations.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.23 no.7
• /
• pp.829-833
• /
• 2017

Recently, pirate incidents involving passing ships have been continuously occurring in the seas southwest of the Philippines, the Sulu Sea and the Celebes Sea. Pirates in these areas are members of the "Abu Sayyaf Group", which consists of Islamic armed rebels. They have abducted and confined 59 ship crews over the last 13 months to obtain money for group operations. The activities of these pirates, abducting and killing crews, have became a significant threat for marine security in the Sulu and Celebes Seas and for logistic activities in Asia. This study examines and analyzes 22 recent incidents in terms of ships gross tonnage, kind, nationality, incident time, location, etc. The identity of the Abu Sayyaf Group, which has been committing this piracy and represents the de facto power behind the actors responsible, is also unpacked, along with current challenges to resolving these conflicts. Finally, responses passing ships, shipping companies, related countries and the international community should make are proposed.

• Convergence Security Journal
• /
• v.18 no.3
• /
• pp.149-161
• /
• 2018

The private military company(PMC) or the private military industry may be one of the most important, but little understood developments in security studies to have taken place over the last decade. This new industry, where firms not only supply the goods of warfare, but rather fulfill many of the professional service functions, is not only significant to the defence community, but has wider ramifications for global politics and warfare. The private military industry emerged in the early 1990s. Its underlying cause was the confluence of three momentous dynamics - the end of the Cold War and the vacuum this produced in the market of security, transformations in the nature of warfare, and the normative rise of privatization. In order to introduce MPFs(Military Provider Firms) into Korea, where in principle private citizens are prohibited to own a gun, unlike the United States, a special law should be enacted which allows them to possess weapons and fight in combat. Therefore, the National Assembly of Korea has been submitting and discussing "the Act on the Prevention and Conduction of Practice of Piracy" since 2014.

• Proceedings of the Korean Society of Marine Engineers Conference
• /
• 2006.06a
• /
• pp.133-134
• /
• 2006

Recently, despite of the effects of international Coordination and cooperation to prevent piracy, piracy is on an increasing trend every year. Such circumstances may have a bad effect on the sound development of world economy by means of trade in sea as well as treat to the safety of crews and safe operation of ships. Finally, Modern maritime piracy has become one of the major threats to safety at sea. We having Cargo-owners or Ship-owners attacked by piracy, it causes enormous economic losses. Therefore, Ship-owners and Cargo-owners insure Cargo Insurance, Hull Insurance and P&I Insurance to indemnity of losses which is caused by piracy. The Purpose of this paper was to explain the losses caused by piracy and studying the limits of the possibility of indemnity in the Cargo Insurance, Hull Insurance and P&I Insurance.

• The Journal of the Korea Contents Association
• /
• v.19 no.2
• /
• pp.121-134
• /
• 2019

The areas be affected maritime police authority of the Republic of Korea, are largely classified as inland waters, territorial waters, exclusive economic zone and continental shelf(hereinafter referred to as "domestic sea area") and high seas. Of these, the maritime police authority in domestic sea area follows a municipal law that accommodates the United Nations Convention on the Law of the Sea(UNCLOS). In addition, this Convention shall apply on the high seas. Meanwhile, on the high seas, foreign vessels other than domestic vessels are allowed to be subject to limited jurisdiction only for the anti-mankind criminal acts, such as piracy etc. this is in accordance with the principle of "Freedom of the high seas" and "maritime flag state," under this Convention. However, the illegal acts of foreign vessels that threaten the security of coastal states and the safety of ships on the high seas can cause many types of crimes other than anti-mankind criminal acts, and the jurisdiction of the coastal states exercised may lead to conflicts between countries. Therefore, this article would like to suggest a plan for institutional improvement to maintain international maritime order on the high seas and secure maritime police authority in coastal states.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.18 no.5
• /
• pp.446-454
• /
• 2012

This study discusses effective extraterritorial application of criminal Law outside the territorial sea. The paper focuses on the factual differences between vessels and cars which justify the varying standard. Thus, warrantless searches and safety inspection need to be validated because of the exigent circumstances of the sea. Warrantless searches at sea may also be justified based on border search exception. These theories in U. S. law will be helpful for legislation and law enforcement related to the Korean Coast Guard's mission. The paper also discusses Korean Coast Guard's Act's newly enacted provisions concerning search, arrest and hot pursuit.

• Strategy21
• /
• s.41
• /
• pp.85-107
• /
• 2017

The purpose of this article is to explore recent developments in piracy attacks at the global level. This article provides an overview of global trend of recent piracy attacks and presents global counter-piracy efforts at the international and governmental as well as industry level. The issue of piracy has been a grave concern of the globe, becoming the biggest threat to the safety and security navigation and seaborne trade. Overall, piracy attacks in recent years have greatly diminished owing to multi-faceted counter-piracy efforts. However, Southeast Asia and West Africa have reemerged as an hotspot of piracy. A worrisome trend in these regions is that many of piracy attacks are committed by militant groups for financing their activities. As a result, the level of violence and the sophistication of attacks have escalated. The problem of contemporary piracy is beyond a particular region or coastal state, but a common concern of the international community. In order to address the global piracy problem, international cooperation should be further strengthened at the global level as well as the regional level. As a way of counter-piracy measures in Southeast Asian waters, the creation of a joint regional coast guard to patrol the highly piracy concentration areas needs to be considered.