國際法上 刑事執行管轄權 行使의 補完制度에 관한 硏究

Abstract

The legislation jurisdiction and execution jurisdiction of the nation encounter to a territory limit in compliance with the principle of sovereignty right respect in terms of the international law. Namely, although the nation justly could have the legislation jurisdiction which can establish a norm to rule a definite case- occurrence?modification?extinction within domestic territory, offshore legislation jurisdiction in order to rule a fixed case outside of a territory is not recognized in principle. Meanwhile, the sovereign state could have the territorial right that can enforce its own legislated law within domestic territory, but it is impossible to exercise a criminal execution jurisdiction in foreign nation in order to apply the domestic legislated law without consent of the foreign nation. This is called the territorial limit of criminal execution jurisdiction. Like this the territorial limit of criminal execution jurisdiction could divide in territorial inner limit and territorial outer limit. The territorial inner limit is the privilege and exemption of a diplomatic ambassador in the native country or a consul and the exemption of criminal execution jurisdiction foreign troops stationed in its own country. As for the territorial outer limit, in fact, it is impossible to investigate, collect evidence, arrest and punish the fugitive criminal who commits a crime and escapes overseas, the native people who commits a crime from the foreign nation and the foreigner who commits a crime toward(against) the native people. The territorial limit of criminal execution jurisdiction will be against(oppose) not only 'Crimes must be suppressed in common profit of civilized nation but also in principle of justice. Namely, the nation commits a crime from the territorial waters and * the connection waters the exclusive economic zone(EEZ) the continental shelf as a matter of the home country about the vessel of the foreign nation which escapes in the high seas as a matter of `high seas as a matter of the low of anti line about the vessel jurisdiction is to soup and the second lieutenant soup attention inland based on circle which gives will be able to punish the territory jurisdiction the logic is as expected being legitimate, is to become problem. And in case the nation is not able to punish the fugitive criminal who commits a crime and escapes overseas because of the limit of territorial sovereignty, it will have a problem with how to relieve the infringed legal interest of the victim and the damaged nation. Also criminal execution jurisdiction problem of criminal execution jurisdiction and completely the issue which agrees is not but, in compliance with the territory main hoisting which predominates in adult main hoisting with edification of offenders direction of a ceremony return preparation isn't the problem must investigate from the criminal policy dimension which is thinks a tree architecture execution about the offender who is a in tree architecture from the foreign nation. This paper is the purpose of setup the institutional frame to make up for the territorial outer limit of criminal execution jurisdiction for analyzes and take a triangular position a theory with crimes must be suppressed, comes true the common profit of civilizational empire and the human community, edification of the offender and the low of one morning is takes a triangular position a theory to favorable direction of a ceremony return. which sees takes a triangular position, filling up the territory foreign enemy limit of criminal execution jurisdiction, the contents and a setup of eastern system principle of law the institutional frame for analyzes and take a triangular position a theory with crimes must be suppressed, comes true the common profit of civilizational empire and the human community, edification of the offender and the low of one morning is takes a triangular position a theory to favorable direction of a ceremony return.