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A Study on improvement plan of specialised investigation agency (II) : Coast Guard Agency 사진
A Study on improvement plan of specialised investigation agency (II) : Coast Guard Agency
  • LanguageKorean
  • Authors Kyunggyu Park, Kang, Sungyong, Hwang, Donghyok, Jihye Jung, Lee, Sujin
  • Date December 31, 2023
  • Hit70

Abstract

  This study outlined the system of crime investigation of the Korean coast guard agency and examined how the system can be improved and how the competency of crime investigation of the Korean coast guard agency can be strengthened. In part II, we overviewed history, organization, mission and system of crime investigation of the Korean coast guard agency. In part III, we examined foreign coast guard agency as comparative legal study. Compared states are the USA, Germany, the United Kingdom and Japan.


  In part IV as the main part of this research report, we considered improvement plans and methods of the system and competency of crime investigation of the Korean coast guard agency. The Korean coast guard agency is a general police agency in the marine field. For this reason, it is impossible to look into a variety of matter regarding plans and methods of the system and competency of crime investigation of the Korean coast guard agency. Therefore, we limited the scope of analysis in the macroscopic and microscopic viewpoint. In the macroscopic viewpoint, i.e. regarding general or common matter of the maritime crime investigation, we restricted our analysis to the matter of manpower of investigation division and the matter of the authority of inspection on the sea. In the macroscopic and microscopic viewpoint, i.e. individual offence-group relative consideration, we limited research to the matter of illegal fishing of foreign vessels, drinking sailing and cooperation with Interpol in the in relation to transnational maritime crimes.


  Regarding, the matter of manpower of investigation division, it is necessary to settle the phenomenon of avoiding investigative division. This study suggests that the minimum service period at investigative divisions is to raise up to 5 years and the privilege rate in the case of working assessment in investigative divisions must be higher than present.


  In relation to the authority of inspection on the sea, maritime inspection and search authority according to the article 12 of the Coast Guard Affairs Act must be expanded concerning crime prevention activities. Furthermore, such explicit provision is needed that the coast guard must be deemed to be acting as agents of the particular executive department or independent establishment charged with the administration of the particular law. 14 U.S.C. § 522 (b)(1) can be an example of such provision.


  Concerning prevention of ship drinking sailing, the statutory punishment in case of fishing boats and power-driven water leisure crafts must be appropriately adjusted. Above all, an explicit legal basis must be arranged to regulate before sailing.


  In relation to the matter of illegal fishing of foreign vessels, Article 23(2) of the 「Act on the Exercise Of Sovereign Rights on Foreigners’ Fishing Within the Exclusive Economic Zone」 permits for the prosecution to command the coast guard investigative officers. That provision must be modified because the command authority of the prosecution in relation to police investigation had been abolished. According to the article 23 and 24 of the 「Act on the Exercise Of Sovereign Rights on Foreigners’ Fishing Within the Exclusive Economic Zone」, a prosecutor imposes the bond according to the article 23(3). It is desirable to grant the authority about the bond to the head of the Korean Coast Guard.


  International cooperation activities are crucial in the field of the investigation of maritime transnational crimes. Therefore, the Foreign Affairs Division of the Korean Coast Guard have to send staff to the Interpol and to the Korean National Police Agency.

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