• Journal of the Korean Society of Marine Environment & Safety
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• v.24 no.2
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• pp.223-231
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• 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 Navigation and Port Research
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• v.29 no.1 s.97
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• pp.43-58
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• 2005

Piracy is the enemy of the human race. Pirates commit acts of murder, robbery, plunder or other villainous deeds at sea, cruelly against humanity. The Republic of Korea(ROK), as a big maritime country, is obliged to suppress piracy under international treaties it ratified, including the UN Convention on the Law of the Sea and the two 1988 Conventions against maritime terrorism The Korean government is recently taking a positive attitude towards the regional cooperation which is necessary for the suppression of piracy in the waters of Southeast Asia In spite of the effects of international cooperation to prevent piracy, it is recently on an increasing trend every year. Such circumstances may have a bad effect on the sound development of world economy by means of trade at sea as well as treat to the safety of crews and safe operation of ships. This paper aims to suggest the countermeasures against piracy in terms of criminal law, civil law and international law in order to secure safe operation of vessels at sea.

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

• Strategy21
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• s.41
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• pp.85-107
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• 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.

• Proceedings of KOSOMES biannual meeting
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• 2005.11a
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• pp.91-110
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• 2005

Maritime terrorism at sea is the form of violent interference with shipping. Its global reach and negative impact on sea transportation, safety of navigation and marine environment, as well as the threat it poses to human lives and property, call for effective countermeasures at the international and national level at the same time. First, this paper gives a factual assessment of the phenomenon of maritime terrorism as well as a legal analysis of the international provisions to suppress such forms of violence at sea which is different from piracy. And also this paper attempts to address and identify issues relevant to the existing international regulations such as SUA Convention as the main source of international regulations applicable to acts of terrorism at sea, ISPS Code, PSI, etc. Finally this paper suggests the national countermeasures against maritime terrorism in light of above mentioned the definition, causes, types of maritime terrorism and concerning international regulations.

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

• 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.

• Journal of the Korean Society of Marine Environment & Safety
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• v.4 no.2
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• pp.69-83
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• 1998

Sea transportation has long been a vital component of the transport systems of the world. The great majority of imports and exports to and enlarge their national merchant marines. This effort is meant partly to arrest earlier trends of having their trade carried by ships from outside the region and partly to promote regional integration and improve the national balance of payments. However, sea transportation has been exposed to various types of threats on the high seas, in coastal waters and in port areas. Piracy is any robbery or other violent action, for private ends and without authorization by public authority, committed on the seas. Because piracy has been regarded as an offense against the law of nations, the public vessels of any state have been permitted to seize a pirate ship, to bring it into port, to try the crew(regardless of their nationality or domicile), and, if found guilty, to punish them and to confiscate the ship. Piracy has occurred in all stages of maritime history. The increased size of merchant vessels, the improved naval patrolling of most ocean highways, the regular administration of most islands and land areas of the world, and the general recognition by governments of piracy as an international offense resulted in a great decline in piracy in the 19th and 20th centuries. Piracy has, however, occurred in the 20th century, and the practice of hijacking ships has developed into a new form of piracy. The number of incidents of sea piracy against ships reported was 229 in 1997. Since 1991, 1,051 such acts have been reported. The purpose of this research is to examine the origin and development of the piracy to understand the current situation of such violence on the seas. In addition, what should be done by international community will be presented to prevent the piracy in the future.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.1
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• pp.39-46
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• 2022

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.

• Proceedings of KOSOMES biannual meeting
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• 2017.11a
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• pp.143-143
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• 2017