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영어

This paper aims at studying ways of conflict management and diverse controversial issues among Korean government departments comprehensively and systematically, in the middle of institutionalizing the ship-boarding permission the privately contracted armed security personnel(PCASP) which are recommended or guided by IMO(international maritime organization under UN). Governmental conflicts on PCASP law-making are largely six controversial issues: ① whether or not our government permits fundamentally what PCASP board in Korean ships, ② if yes, the jurisdiction problem on internation law between port state and flag state, ③ problem on the limitation and accountability of self-defense by the boarding PCASP, ④ certificate problems of PMSC(private maritime security company) providing PCASP, ⑤ whether or not using arms by PCASP on board is permitted as the unique exception of general arms regulation act, ⑥ whether or not PMSC is permitted as the unique exception of general security act. Conclusively, our government had better permit PCASP institutionalization exceptionally. Because that is the recent trend and effective piracy-defense way already chosen by global shipping companies as well as recommended by IMO. Of course, as-following conditions in our enactment need and must complete ; ① accident by PCASP on high sea beyond our sovereignty power, ② designating the high risk area of piracy specifically, ③ controlling arm use by PCASP and minimizing harms. Certification of PMSC must open globally and be desirable to enlarge the choice span by our shipping companies. Also, in order to implement PCASP and PMSC-policy effectively, it might be desirable to permit that as the exception of related general regulation acts.