• Title/Summary/Keyword: 영해

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Effective Extraterritorial Application of Criminal Law outside the Territorial Sea - Related to the Enactment of the Korean Coast Guard Act - (영해외 해역에서 형사관할권 행사의 효율화 방안 - 해양경비법의 제정과 관련하여 -)

  • Kim, Jong-Goo
    • 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.

A Study on GIS DB Building Plan for Maritime Boundary Determination (우리나라 해양경계 획정을 위한 GIS DB 구축 항목선정에 관한 연구)

  • Choi, Yun-Soo;Im, Young-Tae;Hwang, Yoo-Jeong;Lee, Yoo-Jung
    • Journal of the Korean Association of Geographic Information Studies
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    • v.11 no.4
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    • pp.41-50
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    • 2008
  • Intense competition for resources has forced many countries pay attention to their eyes to the ocean. Therefore, the disputes and the conflict over the delimitation of the EEZ and continental shelf will be sharpened. Since 1982 Law of the Sea Convention, Korea has opened the talks with Japan and China to discuss the boundary issues as the adjacent water zone is less than 400 miles between Korea and Japan and Korea and China. This study is to review the important rules and techniques for the delimitation of the maritime boundary which have defined in the Law of the Sea Convention and IHO-51 technical guide and to figure out how to build the maritime delimitation GIS DB to negotiate effectively with the neighboring countries. Definition of the base point and baseline will be the utmost important concept to delimit the ocean boundary. The policy makers and the specialists who prepare for the international negotiation meeting between the countries have to be ready to draw the maritime boundary for our best interest under the Law of the Sea Convention. The negotiation strategies and the principles can be made with the concrete and reliable database relevant to maritime boundary issues. So effective and fast strategic decision for negotiation can only be made based on maritime boundary delimitation GIS DB.

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