부산대학교 도서관

Taking the outbreak of passenger ship "SEWOLHO" sunken on 16 APR 2014 in the vicinity of Jindo island as the momentum, Korean government re-organized Korea Coast Guard as an Office under Ministry of Public Safety in the effort to unify chain of command to establish safety system which covers every disaster on the land and sea. In the course of re-organization, the investigation power was limited to "Cases happened on the sea". However, there are continuous confusions because there is no legal basis on the jurisdiction and range of investigation. The main objective of this study is to analyse the problems of investigation power of Korea Coast Guard in it's jurisdiction and range of investigation with the examination and analysis of domestic law, previous cases and foreign examples. As the result of the study, investigation power on the maritime crimes is separated into two police organizations with vague definitions on the domestic crimes which were controlled by Police Department and maritime crimes by Korea Coast Guard. Investigation mission were limited to "Cases happens on the sea" and led to reduce intelligence and internal investigation activities on maritime crimes. In addition, although the maritime crimes and the illegal fishing activities by foreigners mostly from China are on the steep rise since the re-organization, Korea Coast Guard came to have greatly reduced man power and the department came down to office based organization which consequently lead to weakened capability on countering maritime crimes. Since the "Sewolho" accident, the needs for maritime safety of Korean people is growing, and stronger law enforcement like on the illegal fishing activities by foreigners which are becoming more violent and intelligent is inevitable more than anytime. To cope with this situation, we need to unify investigation power on maritime crime, clarify definition and concept of maritime crime to diminish confusions and to establish legal and organizational basis on investigation activities. In addition, by strengthening investigation and intelligence in the organization and reinforcing enough man power, we would be able to escalate mission capability on countering maritime crime and eventually bring safe and peaceful maritime environment.