• Title/Summary/Keyword: Maritime Police Law

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The Examination and Development Plan of Maritime Policing Act ("해양경비법" 검토와 발전방안)

  • Roh, Ho-Rae
    • 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.

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A Study on the Marine Interests and Marine Force Theory (해양의 이익과 해양력에 관한 연구)

  • Yan, Tie-Yi;Kim, Sang-Goo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.18 no.3
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    • pp.227-233
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    • 2012
  • The oceans are the largest body of water geographical unit in the earth. In accordance with the general said of the international law, countries on the international law must have four elements: 1) settled residents; 2) determined territory; 3) a certain degree of government organizations; 4) the sovereignty. The country's basic rights are: 1) the right to independence; 2) the right to equal; 3) the right to jurisdiction; 4) the right to self-protection. UNCLOS as the only one of the "Constitution of the Earth" on the earth, the implementation of its entry into force make about 1/3 of the world's oceans should be assigned to the coastal states, in the use and management of ocean gave the coastal states the center jurisdiction, the coastal states' jurisdiction sphere had been expanded, the power comparison among all countries in the world had new changes. The ocean territory, like the land territory, is the most major material condition of a country. The ocean's strategic status is extremely important, is the important stage of the international political, economic and military struggle, there are many disputes about the rights and interests, resources and the development and utilization on the oceans. To resolve these disputes is bound to depend on a strong comprehensive national strength, including politics, economy, science and technology, as well as the powerful marine force, in which maritime police plays an important role.

A Study on Some Problems and Proposals of the Korea Life Saving and Rescue Act(Amendment, 1994) (수난구호법의 개정에 관한 비교법적 고찰)

  • 강동수
    • Journal of the Korean Institute of Navigation
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    • v.18 no.4
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    • pp.119-136
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    • 1994
  • In Korea, the System of search and rescue in water have came into force on the basis of the Korea Life Saving and Rescue Act. 1961. But It's a premodern administration law which is not fit for an international system of the search and rescue and become disconnected with reality in Korea. Recently the marine casualties occur frequently in Korea coastal area, therefore, we need to amend the 1961 Act. The amendment which is carried out by the Korea Maritime Police Agency is a provision to receive International convention(SAR, 1979). The amendment of this Act will give a epoch-making change to Korean policy of the life-saving and rescue, security to marine safety and contribution to National positon on system of "Search and Rescue". In this thesis, I propose a development scheme to be conductive to original task on "Search and Rescue" of International Convention in Korea Life Saving and Rescue Act(Amendment, 1994).t(Amendment, 1994).

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A Critical Review and Legislative Direction for Criminal Constitution of Piracy (해적행위의 범죄구성요건에 대한 비판적 고찰과 입법 방향)

  • Baeg, Sang-Jin
    • Journal of Legislation Research
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    • no.55
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    • pp.167-191
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    • 2018
  • Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.

A Study on the Improvement for Port Placement of Response Vessel (방제선 배치 항만의 개선 방안)

  • Jang, Duck-Jong;Kim, Dae-Jin;Kim, Woo-Young
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.23 no.7
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    • pp.810-819
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    • 2017
  • The purpose of this study is to evaluate port use and the distribution of risk factors in 15 major ports in Korea, delineating the risk of each port after classifying the ports into four risk groups based on estimated risks. The placement of response vessels is then analyzed accordingly. Based on the results, danger was estimated to be especially high in ports where large-scale petrochemical facilities are located, such as Yeosu Gwangyang ports (1.85), Ulsan port (1.33) and Daesan port (1.25). The ports showing the next highest degree of danger were Pusan (0.95) and Incheon (0.83), which have significant vessel traffic, followed by Mokpo (0.71) and Jeju (0.49), which expanded their port facilities recently and saw an increase in large vessel traffic. Next is Masan (0.44), for which many fishing permits in the vicinity. When the relative ratios of each port were graded based on the Yeosu Gwangyang Ports, which showed the highest risk values, and risk groups were classified into four levels, the highest risk groups were Yeosu Gwangyang, Ulsan, Daesan and Pusan, with Incheon, Mokpo, Jeju, and Masan following. Pyeongtaek Dangjin, Pohang, Gunsan, and Donghae Mukho were in the mid-range danger group, and the low risk groups were Samcheonpo, Okgye, and Changsungpo. Among these, all response vessel placement ports specified by current law were above the mid-range risk groups. However, we can see that ports newly included in mid-range risk group, such as Mokpo, Jeju, and Donghae Mukho, were excluded from the pollution response vessel placement system. Therefore, to prepare for marine pollution accidents these three ports should be designated as additional response vessel placement ports.

A Study on Piracy Matters and Introduction of the Privately Contracted Armed Security Personnel on Board Ships (해적사건 대응을 위한 무장경비원제도 도입방안에 관한 연구)

  • Roh, Ho-Rae
    • Korean Security Journal
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    • no.41
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    • pp.293-326
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    • 2014
  • Piracy is a worldwide issue, but the deteriorating security situation in the seas off Somalia, the Gulf of Aden and the wider Western Indian Ocean between 2005 and 2012 and in the increasing number of attacks in the Gulf of Guinea are a major problem. The depth of concern for the problem internationally is amply demonstrated by the levels of co-operation and coordination among naval and other forces from several countries that have assembled in the west Indian Ocean region and the Gulf of Aden to escort ships carrying humanitarian aid to Somalia and to protect vulnerable shipping. Notwithstanding this unprecedented effort, the vast sea area in which the pirates now operate makes it difficult to patrol and monitor effectively, particularly with the limited resources available. More resources, in the form of naval vessels and aircraft, are needed and at every opportunity the IMO encourages Member Governments to make greater efforts to provide the additional naval, aerial surveillance and other resources needed through every means possible. IMO provide interim guidance and recommendations to be taken into account when considering the use of PCASP(privately contracted armed security personnel) if and when a flag State determines that such a measure would be lawful and, following a full risk assessment, appropriate. The interim guidance and recommendations of IMO are not intended to endorse or institutionalize the use of armed guards. Therefore, they do not represent any fundamental change of policy by the Organization in this regard. It is for each flag State, individually, to decide whether or not PCASP should be authorized for use on board ships flying their flag. If a flag State decides to permit this practice, it is up to that State to determine the conditions under which authorization will be granted. Therefore, Korea should be introduced rationally PCASP for safe shipping. PCASP on board ships is much the same to special guard personnel of security services industry act. Act plan of Oceans and fisheries ministry on PCASP collides with special guard personnel system of National Police Agency. Rather than new law making, PCASP regukations have to be included in security services industry act. Management Agency of PCASP is to not Oceans and fisheries ministry, but Central Headquarters Korea Coast Guard of Public Safety and Security Ministry because of specialty and closely connection.

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Study on the Patterns of Helicopter Emergency Medical Services in Ullung Island (울릉도 지역의 헬리콥터를 이용한 응급환자 후송 실태)

  • Kim, Tae-Hun;Lim, Hyun-Sul;Lee, Kwan
    • Journal of agricultural medicine and community health
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    • v.27 no.1
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    • pp.115-123
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    • 2002
  • Objective: The aim of this study was to evaluate the patterns of helicopter emergency medical services (HEMS) in Ullung Island. Methods : The authors reviewed the records from emergency room diaries and the lists of helicopter transfers in the Ullung Public Health Medical Center over the 5-year period from Jan 1, 1997 to Dec 31, 2001. Results : One hundred thirteen cases were transferred by helicopters in 88 flights. According to year, the number of flights was 13(14.8%) and the number of cases was 15(13.3%) in 1997; 17(19.3%) and 21(18.6%) in 1998; 18(20.5%) and 20(17.7%) in 1999; 17(19.3%) and 20(17.7%) in 2000; and 23(26.1%) and 37(32.7%) in 2001. According to the kind of helicopter, the number of flights was 46(52.3%) and the number of cases was 60(53.1%) by Maritime police; and 19(21.6%) and 28(25.1%) by 119 rescue. According to time zone, there were no night flights. According to sex and age, there were 75 male cases(66.4%) and 28 cases(28.3%) of patients aged sixty years and over. The number of flights was 11(12.5%) and the number of cases was 15(13.3%) in November; 10 flights(11.4%) and 14 cases(12.4%) in March; and 7 cases(8.0%) in each of September, October and April. The most common season of helicopter transfer cases was autumn. According to transfer area, there were 48 cases (42.5%) in Pohang city, Gyeonsangbukdo; 35(31.0%) in Gangnung city, Gangwondo; and 17(15.0%) in Daegu metropolitan city. According to condition, there were 27 cases(23.9%) of cerebro-vascular accident, 13(11.5%) of fracture and 11(9.7%) of head injury. According to admission department, there were 42 cases(37.2%) in Neurosurgery, 21(18.6%) in Internal Medicine and 13(11.5%) in Orthopedic Surgery. According tothe Korea Standard Classification of Disease(3-KSCD), circulatory systemic disease(IX) and injury, intoxication and others (XIX) were the two most frequent categories with 34 cases(30.1%) each, followed by digestive system disease (XI) with 23 cases(20.4%). Conclusions : HEMS in Ullung Island leave much to be desired. Helicopters cannot make a night flight and are not equipped with medical facilities. HEMS in islands such as Ullung Island are essential. We hope that night flights, equipment-monitoring systems for emergency patients in the helicopters, and a law related to HEMS in the island will all be established.

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