• Journal of the Korean Society of Marine Environment & Safety
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• v.19 no.1
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• pp.45-51
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• 2013

In order to facilitate the private maritime security system with high quality guard services, the status of private security companies and the security instructor system which has been operated in land side, are analyzed. Through screening the spectrums of private maritime security and analyzing the status of maritime security guard, the characteristics and expertise of maritime guard service, and it's system need are elicited. we propose the system of marine civil guard officer who will play a major role in private maritime security domain, and design the job requirements, the subjects of qualification test and the education program to enhance his professionalism and practicality. Moreover, the enactment of a provision on marine guard company in Marine guard law will be the platform to develop a private maritime security industry and to strengthen international competitiveness through supervising and piloting private guard service at sea by Korea coast guard.

• Korean Security Journal
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• no.32
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• pp.95-122
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• 2012

The ocean in the 21st century is getting emphasized as a treasury of natural resources and a growth engine for the nation. And nations around the world have entered into the hyper-competition to take the initiative for those marine resources. Under the situation, the Korea Coast Guard is devoting itself with full force to protecting maritime sovereignty, ensuring maritime safety and security and preserving the marine environment. Purpose of this study is to analyze Maritime Policing Act of 2012 and their problems and to suggest improvement measures. Objectives of Maritime Policing Act of 2012 is national Defence, policing for maritime security, protection of marine natural resources and marine facility in territorial waters and exclusive economic zone(EEZ) of Korea. Limits of Maritime Policing Act of 2012 are as follows. First, As organization related rules in Maritime Policing Act of 2012 are not enough, Maritime police agency Act should be revised and enacted in order to cope with future administrative demands and legal ground. Second, Article 22 penal regulation is more severe than regulations of another Act. Third, Article 14 should be made improvement for pre-prevention through the pre-report and the establishment of prohibition boundary in maritime demonstration.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2023.05a
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• pp.176-177
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• 2023

최근 해양자원 및 산업개발, 해양관광산업 등의 발달로 바다에 대한 관심은 더욱 증가하고 있으며 국가 간 경쟁도 나날이 치열해지고 있어, 바다를 무대로 활동하는 해양경찰의 중요성은 더욱 커지고 있다. 해양경찰의 가장 중요한 임무는 해양에서 국민의 소중한 생명과 재산을 보호하는 것이다. 이를 위해서는 경비함정을 안전하게 운항하는 것이 가장 중요하다. 경비함정을 안전하게 운항하기 위해서는 선박운용에 필수인 항해기초 항해학, 연안항법, 전파 및 레이다 항법, 항해계기, 해상기상, CORLEG(항법), 함정운용, 함정조종론, 해사일반(함정의 감항성), 해사영어(SMCP), VTS 교육과 SHS를 활용한 함정운항 심화 교육인 선위측정(GPS 및 레이다이용), CBT 실습(항해장비 운용법, 조함 명령법), 시뮬레이션 MOCK-UP 실습(상황별 항해실습, 자기주도실습, 함정운용술 고도화)과 더불어 함정의 비상상황에 대비한 교육 및 다양하고 심도 있는 항해 전문화 교육이 필요하다.

• Maritime Security
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• v.3 no.1
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• pp.1-44
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• 2021

China's new Maritime Policy Law (MPL) purports to regulate the duties of China's maritime police agencies, including the China Coast Guard, and safeguard China's sovereignty, security, and rights and interest. The MPL has potentially far-reaching application, as China claims extensive maritime areas off its mainland and in the South China Sea. This expansive application of maritime law enforcement jurisdiction is problematic given that most of China's maritime claims are inconsistent with international law. To the extent that the MPL purports to assert jurisdiction over foreign flagged vessels in disputed areas or on the high seas, it contravenes international law. Numerous provisions of the MPL regarding the use of force are also inconsistent with international rules and standards governing the use of maritime law enforcement jurisdiction, as well as the UN Charter's prohibition on the threat or use of force against the territorial integrity or political independence of any state. China could use the MPL as a subterfuge to advance its illegal territorial and maritime claims in the South and East China Seas and interfere with coastal State resource rights in their respective exclusive economic zone.

• Korean Security Journal
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• no.44
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• pp.85-116
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• 2015

Found in 23 Dec 1953 to cope with illegal fishing of foreign ships and coastal guard duty, Korea Coast Guard was re-organized as an office under Ministry of Public Safety since the outbreak of sinking of passenger ship "Sewolho". In the course of re-organization, intelligence and investigation duty were transferred to Police Department except "Cases happened on the sea". But the definition of intelligence duty is vague and there are lots of disputes over the jurisdiction and range of activities. With this situation in consideration, the object of this study is to analyse legal and institutional characteristic of KCG Intelligence, to compare them to that of Police Department, foreign agencies like Japan Coast Guard and US Coast Guard, to expose the limit and to suggest solution. To summarize the conclusion, firstly, in the legal side, there is no legal basis on intelligence in [The Government Organization Act], no regulation for mission, weak basis in application act. Secondly, in the institutional side, stated in the minor chapter of [The Government Organization Act], 'the cases happened on sea' is a quite vague definition, while guard, safety, maritime pollution duty falls under 'on the sea' category, intelligence fell to 'Cases happened on the sea' causing coast guard duty and intelligence have different range. In addition, reduced organization and it's manpower led to ineffective intelligence activities. In the case of Police Department, there is definite lines on 'administration concerning public security' in [The Government Organization Act], specified the range of intelligence activities as 'collect, make and distribute information concerning public security' which made the range of main duty and intelligence identical. Japanese and US coast guards also have intelligence branch and performing activities appropriate for the main missions of the organizations. To have superiority in the regional sea, neighboring countries Japan and China are strengthening on maritime power, China has launched new coast guard bureau, Japan has given the coast guard officers to have police authority in the regional islands, and to support the objectives, specialized intelligence is organized and under development. To secure maritime sovereignty and enhance mission capability in maritime safety duty, it is strongly recommended that the KCG intelligence should have concrete legal basis, strengthen the organization and mission, reinforce manpower, and ensure specialized training administrative system.

• Korean Security Journal
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• no.42
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• pp.361-391
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• 2015

Regarding the [Government Organization Act; which is legislated on 19th November, 2014] Korea Coast Guard(KCG) has been re-organized and belong from Korea Coast Guard shall be established under the Minister of Oceans and Fisheries to Ministry of Public Safety and Security. Furthermore, National Police Agency(NPA) Commissioner has the right for administer duties concerning investigation and information by succession from Korea Coast Guard Commissioner. That means that main rule has been moved from prior KCG to Ministry of Public Safety and Security(MPSS) and NPA currently which is dual structure. Meanwhile, This kind of organization change has been effective to investigative agency which exert KCG's call of duty and causes needs of variety problems. In other words, There are quite huge changes such as KCG's reduction of their work, call of duty and re-organization regarding revised government organization act. However this change - including re-organization by government, was not able to take current MPSS's special features such as organization specialty and legal rights. It means, the current change has not been taken present law system CRIMINAL PROCEDURE LAW and there was no preparation to stable maritime police authority action as well. To sum up, this revised GOVERNMENT ORGANIZATION ACT is supposed to provide total, quick security service by establishing strong disasters and safety control tower. However they only contains few area such as organization revision regarding 'Sewol Ferry Disaster', they was not able to contain the other parts of Society. Therefore, in this article I would like to check the part of re-evaluation of current change made by KCC's organization revision. It is supposed to provide better legal stability by making clear of work area by government agencies who acts maritime police authority.

• Journal of the Korean Society of Marine Environment & Safety
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• v.21 no.5
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• pp.524-530
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• 2015

In this study, I present solutions to properly regulate assembly and demonstration at sea which has not been relatively secured and regulated compared to that of on land and inland waters so it may not violate public safety and order, and at the same time to secure it as a basic human right. Firstly, to protect and regulate in the same way with assembly and demonstration on land, I suggest to make amendments to "Law on Assembly and Demonstration" so that Korea Coast Guard Station can accept applications and administrator maritime assembly and demonstration. Secondly, in special cases where there are difficulties in the application of "Law on Assembly and Demonstration" due to the special maritime environment, following the example of Japan, America and England who have regulations in related special laws, I suggest an legislative alternative to add regulations on maritime assembly and demonstration in "Law on Maritime Guard" so that we can administer maritime assembly and demonstration in a way which there should be no conflict between basic human right of people and conservation of public safety.

• Korean Security Journal
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• no.36
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• pp.443-467
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• 2013

The purpose of this study is to introduce United States Coast Guard (USCG) in order to suggest a direction to advance the system of Korea Coast Guard. After the effect of United Nations on the Law of the Sea in 1994, the world is facing with new era of maritime age with emergence of new maritime border 'Exclusive Economic Zone(EEZ)'. Along with new maritime era, Korea also has been facing with the conflicts caused from EEZ. Also, there is a increasing concern about maritime safety and security since people looking for maritime tourism and leisure sports are dramatically increasing in Korea. Moreover, national security matters are a big issue in Korea due to the several incidents occurred in the sea such as the attack on Yeon-Pyung Island and the sinking of Cheonan naval vessel. Arising concern on these issues in maritime space requires Korea Coast Guard to handle these effectively. However, the systematical and structural limitation of Korea Coast Guard limits the effective management of recent issues. The United States Coast Guard which is considered as one of the military force in the United States has continuously reformed and developed its system and structure to better handle the maritime safety and security issues through developing project such as the Integrated Deep Water system. Also, maritime police system and structure in the United States is different with in Korea. This study expects to suggest a way to advance the system and structure of Korea Coast Guard through examination of United States Coast Guard and comparing maritime police system and structure between Korea and the United States in order to properly deal with the maritime safety and security issues arising recently.

• Journal of the Society of Disaster Information
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• v.10 no.3
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• pp.396-407
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• 2014

In 19th May 2014, the government announced that KCG(Korea Coast Guard) is dissolved regarding responsibility for recently accident which is Sewol ferry disaster. But KCG, a central administrative agency is responsible for protecting maritime sovereignty of South Korea; the most basic and indispensable organization. Furthermore, The purpose of KCG is to provide the safety of the public and keeping of public order by prescribing matters necessary for the securement of maritime security, maintenance of public order and protection of marine resources & facilities. Therefore, In this article, I would like to suggest tentatively named FRAMEWORK ACT ON KOREA COAST GUARD's management plan which could reflect the scope of functions. It means we examine the current state of KCG, and would like to signpost for the most ideal way of legal system in Korea Coast Guard. Finally, this treatise is expected that this research can be a guideline contribute to improving Korea Coast Guard relevant laws even a little.

• Journal of the Korean Society of Marine Environment & Safety
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• v.18 no.5
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• pp.446-454
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• 2012

This study discusses effective extraterritorial application of criminal Law outside the territorial sea. The paper focuses on the factual differences between vessels and cars which justify the varying standard. Thus, warrantless searches and safety inspection need to be validated because of the exigent circumstances of the sea. Warrantless searches at sea may also be justified based on border search exception. These theories in U. S. law will be helpful for legislation and law enforcement related to the Korean Coast Guard's mission. The paper also discusses Korean Coast Guard's Act's newly enacted provisions concerning search, arrest and hot pursuit.