배타적 경제수역에서 발생한 선박충돌사고의 형사재판 관할권 - 대법원 2019. 6. 13. 선고 2018도11014 판결에 대한 평석 -

This study is a commentary of the Supreme court decision by summarizing the court decision points and issues concerning the criminal jurisdiction of the ship collision in the Exclusive Economic Zone. Main points of this study are as below. First, the collision of M/V ‘Inspiration Lake’ and F/V ‘209 Juyeong’ occurred in the Exclusive Economic Zone of Korea, but it constitutes a collision or any other incident of navigation concerning a ship in high seas under Article 97 paragraph 1 of the United Nations Convention on the Law of the Sea, and the maritime pollution caused by such a ship collision is also included in the criminal responsibility stipulated in Article 97 paragraph 1. The defendants and their lawyers' claims, then, can be seen as having a reason. However, in order to determine the final reason for the court decision, further consideration is required on Article 211 paragraph 5 or Article 220 paragraph 6 of the United Nations Convention on the Law of the Sea. Second, Articles 211 paragraph 5 or Article 220 paragraph 6 of the United Nations Convention on the Law of the Sea are possible to be considered as the basis for the direct or indirect enactment of the Marine Environmental Management Act. However, even if the court finds the basis for exercising jurisdiction over the maritime pollution under the Article 211 paragraph 5 or Article 220 paragraph 6 of the United Nations Convention on Maritime Law of the sea, the maritime pollution caused by the collision of M/V ‘Inspiration Lake’ and F/V ‘209 Juyeong’ is not subject to the application of Article 220 paragraph 6. Because those maritime pollution does not constitute a risk of causing or causing significant damage to the Exclusive Economic Zone. Therefore, unless Hong Kong or China, either of the flag state or of the state of which such person is a national, gives up the right to trial, court of Korea has no jurisdiction under the Article 97 paragraph 1 so that the court of korea shall accept the arguments of the defendants and their lawyers and issue a verdict of indictment.