公海에 있어서 刑法의 域外適用 - 유엔해양법협약상의 추적권 행사와 관련하여 -

• 영문명: Extraterritorial Application of Criminal Law on The High Seas - with respect to the right of hot pursuit in UNCLOS -
• 발행기관: 한국해사법학회
• 저자명: 김종구(Jong-Goo Kim) 박성일(Seong-Il Park)
• 간행물 정보: 『해사법연구』해사법연구 제15권 제2호, 81~94쪽, 전체 14쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.12.01

영문 초록

The general rule under international law is that private ships sailing the high seas are subject to the exclusive jurisdiction of the state whose flags they fly. This principle, which is known as the exclusivity rule of flag-state jurisdiction, is the pillar of the international law of the sea. One of the exceptions to this exclusivity rule is the right of hot pursuit. The right of hot pursuit is a coastal state's right to pursue a foreign vessel that has committed an offence within its maritime jurisdictional zones, onto the high seas and to arrest it on the high seas. This paper argues about extraterritorial application of the coastal state's crimial law to foreigners(on foreign ships) who have committed crimes on the high seas against the coastal state's officials during hot pursuit. There are provisions about passive nationality principle in korean criminal law. So such crimes on the high seas can be regulated by those provisions. But I think it is nessasary to prepare a clause about extraterritorial application of some provisions of criminal law in 'the law of high seas and contiguous zone'.

목차

Abstract

Ⅰ. 머리말

Ⅱ. 刑法의 域外適用에 관한 한국과 일본의 형법규정

Ⅲ. 公海의 法的地位와 追跡權

Ⅳ. 公海上의 公務執行妨害 등과 刑法의 域外適用

Ⅴ. 맺음말

참고문헌