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http://dx.doi.org/10.7837/kosomes.2014.20.1.049

A Study on the Law Enforcement of Korea Coast Guard against the Illegal Chinese Fishing Vessels  

Lim, Chae-Hyun (Division of Marine Engineering, Mokpo National Maritime University)
Publication Information
Journal of the Korean Society of Marine Environment & Safety / v.20, no.1, 2014 , pp. 49-58 More about this Journal
Abstract
The illegal fishery act committed Chinese fishing vessels have not been stopped and Korea Coast Guard(KCG) has been injured or killed by chinese fishing forces, even though the Korean Government has been trying to control the illegal fishery and repeated violent act committed by Chinese fishing vessels in our Exclusive Economic Zone. Moreover, some problems in relation to the control process of KCG to suppress the illegal foreign fishing vessels has been exposed in spite of extensive efforts of Korean Government. Improper law enforcement of KCG in relation to foreign fishing vessels would cause international dispute between related states, although the control process to the illegal fishing vessels at sea is in a way of due law enforcement process forming a State's power. To this end, this paper examines the problems raised during the control process which is including the visit and inspection of illegal Chinese fishing vessels and law enforcement process exercised by KCG and presents practical solutions through analyzing the related materials, professional's opinion and recent cases.
Keywords
Illegal fishing; Chinese fishing vessels; Right of visit; Right of hot pursuit; Law enforcement;
Citations & Related Records
Times Cited By KSCI : 1  (Citation Analysis)
연도 인용수 순위
1 Choi, J. H.(2008), Modern Law of the Sea, Dunam-Sa, p. 486.
2 Choi, J. H.(2000), KCG and the Change of Needs in Public Security at Sea around the Korean Peninsula, New Ocean Era in 21st Century and KCG, pp. 45-76.
3 Kim, J. S.(2008), A Study on the Limit and Basis of using Police Weapons to against the Savagery Illegal Chinese Fishing Vessels, KCG Professor collection of learned papers, pp. 325-364.
4 Kim, J. G.(2012), Effective Extraterritorial Application of Criminal Law outside the Territorial Sea - Related to the Enactment of the Korean Coast Guard Act-, Journal of the Korean Society of Marine Environment & Safety, pp. 446-454.   과학기술학회마을   DOI   ScienceOn
5 Noh, J. H.(2013), A Study on the Practical Problems in relation to the Case of Illegal Foreign Fishing Vessels, Seminar Paper of Gwangju district court on the illegal Chinese fishing vessels, pp. 36-117.
6 Choi and Jung(2012), A Study on Legal Response of Korea Coast Guard for the Control of Illegal and Violent Chinese Fishing Vessels, Journal of Korean Society of Korea Coast Guard, pp. 97-120.
7 YonhapNews(2013), http://media.daum.net/society/others/newsview?newsid=20131014082603263