• 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.

• Proceedings of KOSOMES biannual meeting
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• 2003.11a
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• pp.99-104
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• 2003

The maritime security risk has been recognized since the terrorists attacked the world trade center and the Pentagon In this paper, maritime security risk is analyzed on the basis if the data of crime in Korean sea We propose the countermeasures to prevent maritime security threats

• Convergence Security Journal
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• v.14 no.3_2
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• pp.13-21
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• 2014

Three sides by the waters of the country in which the topography of the peninsula is a treasure trove of natural resources in the country to recognize the importance of the sea and maritime territorial and maritime policy for the protection of rights, such as to promote the country striving to strengthen haeyangryeok. However, marine activities is 200 sea miles exclusive economic zone of the stage (EEZ) and the continental shelf extends as the, EEZ waters of the overlapping jurisdiction, Books sovereignty, marine scientific research and development, including the continental shelf surrounding the deepening relationship between the neighboring countries and complex understanding including international cooperation and coexistence between countries to be competitive. This time the Coast Guard 's maritime sovereignty existing patron driven from the accident prevention safety management system, from our sea, has been kept firmly. However, due to the new issue of disaster lies in the fate of marine police became dismantled. This real time so that you can be reborn as a marine police force structure. Structure to change the way the rescue operation. Expenses, Shore, you will need to increase the professionalism of pollution.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.69-100
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• 2011

The penalty clauses of 'Aviation Act' and 'Aviation Safety and Security Act' going into effect now were legislated because the aviation safety is being more influenced by the aviation safety system compared to the ground or maritime transportation and it is possible the aircraft can harm to people and wealth located in the ground as well as threaten the safety of the passengers and crew on board when it is the target of crimes. However, analyzing the current acts, applicable objects and behavioral requirements of some provisions are too general, and they are providing severely high penalties in many clauses without separating applicable objects and behavioral requirements. In addition, there are some critical legislative defects and there is a problem in terms of law-applicable area in the legal system. It is inferred that these legislative problems of the criminal special-law related to the aviation were caused by following reasons; first, aviation security experts or policy-makers than criminal law experts attended more actively in the enactment process, second, the communication among specialist groups were not accomplished well enough.

• Journal of the Korean Society of Marine Environment & Safety
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• v.8 no.2
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• pp.61-69
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• 2002

The relatively rapid rising trend of crime rates in marine situations leads to social concerns in Korea. This study reviews some theoretical backgrounds of the economics of crime and applies econometric models to Korean marine crimes. This research finds that there is a negative relationship between marine crime rates and unemployment rates and a positive relationship between the price level and marine crimes in Korea. The other finding results are that unemployment elasticities are higher in the 1980s and price elasticities are higher in th 1990s in comparison with the results of the other periods. This findings are incompatible with the previous theoretical researches in advanced countries. These findings show that In rapidly growing economy, marine crime occurrence is proportional to marine economic activity frequency. This result may reflect that marine crimes are different from land crimes.

• Proceedings of KOSOMES biannual meeting
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• 2002.10a
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• pp.149-160
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• 2002

The relatively rapid rising trends of crime rates in marine situations leads to social concerns in Korea. This study reviews some theoretical backgrounds of the economics of crime and apply econometric models to Korean marine crimes. We find that there is a negative relationship between marine crime rates and unemployment rates and positive relationship between price level and marine crime in Korea. And also we find that unemployment elasticities are higher in the 1980s' and price elasticities are higher in th 90's in comparison with the results of the other periods. This findings are incompatible with the previous theoretical researches in advanced countries. This findings show that in rapidly growing economy, marine crime occurrence is proportional to marine economic activity frequency. This result may reflect that marine crimes are different from land crimes.

• Journal of the Korean Society of Marine Environment & Safety
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• v.7 no.3
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• pp.107-116
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• 2001

The relatively rapid rising trends of crime rates in marine situations leads to social concerns in Korea. This study reviews some theoretical backgrounds of the economics of crime and apply econometric models to Korean marine crimes. We find that there is a positive relationship between marine crime rates and unemployment rates in Korea and the degree of the relationship is higher in the 1990s' in comparison with the results of 1970s' and 1980s'. This findings are compatible with the previous theoretical researches in advanced countries. These findings show that recently the structure of our economy and the economic behaviors of economic agents in Korea have been similar to those of the advanced economies. Therefore this study shows that there exists the additional social costs of economic depression by causing the social crimes and the necessity of public policies to reduce unemployment rates would be higher.

• 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.17 no.1
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• pp.47-52
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• 2011

On the high seas, under international law, a ship is subject to the jurisdiction of the state whose flag she flies. Vessels of any flag are free to navigate the high seas without interference from other states. Thus, there are certain limits of coastal state's exercising law enforcement jurisdiction over a foreign flag vessel on the high seas. However, there are exceptions to exclusive flag state jurisdiction. One of them is the theory of constructive presence. The other is theory of partial execution. Korea Coast Guard's law enforcement authority should be exercised more actively based on those theories supported by the international cases.

• Maritime Security
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• v.4 no.1
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• pp.1-56
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• 2022

Why has India become a key actor in the maritime-configured Indo-Pacific region? There are some external factors, but for India, its geo-strategic frontier encompassing its geopolitical and maritime interests is expanding rapidly beyond its territorial space across both the Indian and Pacific oceans amidst an increasingly arduous geopolitical and security environment. India must, therefore, acquire the ability to influence events within this strategic arena using all facets of national power, including maritime-military power. Lately, therefore, New Delhi has invested much intellectual capital to review its maritime-security strategy. India's new strategy is premised on the concept of holistic security involving the 'softer' aspects of maritime-security, and a rekindling of maritime consciousness in India, a nation that has traditionally been beset by 'sea-blindness'. The strategy adopts a region-wide, inclusive, and a more proactive approach than hitherto, as is evident in its title 'Ensuring Secure Seas: Indian Maritime Security Strategy'. While it deals with the growing concern of new non-traditional threats in the Indian littoral and the need for military deterrence and preparedness, it also addresses the imperatives for India to seek a favorable and rules-based benign environment in its immediate and extended maritime periphery, including through multi-vectored strategic partnerships dictated by its enduring principle of strategic autonomy. For a more profound and comprehensive understanding of India's maritime-security strategy, this paper examines the key unstated and implicit factors that underpin the strategy. These include India's historical and cultural evolution as a nation; its strategic geography; its geopolitical and security perceptions; and the political directions to its security forces. The paper deals specifically with India's response to maritime threats ranging from natural disasters, crime and state-sponsored terrorism to those posed by Pakistan and China, as well as the Indian Navy's envisaged security role East of the Malacca Straits. It also analyzes the aspects of organizational restructuring and force planning of India's maritime-security forces.