According to the article 101-103 of the United Nations Convention on the Law of the Sea, maritime piracy refers to any illegal acts of violence, detention of depredation committed for private ends by the crew or the passengers of a private ship or aircraft that is directed on the high seas against another ship, aircraft, or against persons or property on board a ship or aircraft. Such a piracy is increasing every year, despite the effects of international coordination and cooperation to prevent it. Especially, the pirates around Somalia are becoming systematic and ferocious. To cope with the Somalia piracy, UN adopted resolution of the United Nations Security Council in sequence. In addition, NATO and EU dispatched the naval forces to Somalia as a part of the measures. Korea takes part in the multinational cooperation initiated by the U.S. to cope with piracy as dispatching the naval force, Cheong-Hae.
However, Korean ships and sailors have become major targets of the pirates, as you see Samho Jewelry incident. In such a situation, it would be effective for the piracy prevention to judge Somalia piracy in Korea. Major issues of the criminal trial are as follows : 1) application of criminal law for the piracy that happened in international waters, 2) name and number of crime according to type of action, 3) complicity, 4) legality of pirate arrest, 5) pirate’s right to have defense counsel. In addition, it can be discussed whether absolute cosmopolitanism should be introduced into the criminal law, whether the legislation of ‘Special Bill on Korean Army Activities in the Somali-waters’ is indeed necessary, and how sea robbery in criminal law should be revised.