해상 밀입국 범죄의 발생 현황과 유형별 대응 방안에 관한 연구

Abstract

As the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime was adopted, human smuggling by sea has been criminalized. Therefore, it is needed to enhance the policing to prevent the criminal activities related in smuggling of migrants by sea. Considering the current efforts to identify the actual figures and the root causes of human smuggling by sea, however, it needs to be more practical. In addition to this limitation, it is pointed out that the researches on defining what the human smuggling by sea is and classifying the its types and characteristics are insufficient to suggest and implement the appropriate countermeasures and policies.
 Based on the problems at hand, this study defined the human smuggling by sea as a border transgression or a voyage in confidence by sea by violating the Immigration Control Law. It also categorized the type of smuggling of migrants into three parts: classification of foreigners in host countries, use of force or compulsion, and the methods of entering the host countries.
 Countermeasures per each type of human smuggling are suggested as follows: enhancement of borderline security and its management on ports and sea, detection and blocking off the ships used in smuggling, legal and systemic eradication of smuggling agents in departure, transit and host countries, and protection on the victims of transnational human trafficking and refugees who are the subject of the protection by the international law.