• Strategy21
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• s.33
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• pp.178-201
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• 2014

China National People's Congress has passed the bill to combine the Marine Law Enforcement into "State Oceanic Administration People's Republic of China". This bill was intended to resolve the overlapping jurisdiction and disputes caused in ocean territory in nearby countries. The purpose of reorganizing the administration was to combine the dispersed organization into one group. This new big administration was basically organized to increase the power of China marine state on the long-term. The reorganization plan is to group General Administration of Customs, China Marine Surveillance, Fisheries Law Enforcement Command, and Border Control Department into one State Oceanic Administration. The new state Oceanic Administration carries the authority to protect rights and enforce the marine law supported by Public Security Bureau. Korea Coast Guard has been cooperating with China Marine Surveillance since 1998 when the first pact was made. The next step expanded to General Administration of Customs. Currently working with Regional Maritime Law Enforcement organizations dealing mostly with illegal Chinese fishing boats and IEODO conflict. In order to solve the problems we face today is to observe the process of the New China Coast Guard administration, analysing the effects that could be caused by the change and to keep close cooperation between the new administrations.

• Maritime Security
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• v.3 no.1
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• pp.1-44
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• 2021

China's new Maritime Policy Law (MPL) purports to regulate the duties of China's maritime police agencies, including the China Coast Guard, and safeguard China's sovereignty, security, and rights and interest. The MPL has potentially far-reaching application, as China claims extensive maritime areas off its mainland and in the South China Sea. This expansive application of maritime law enforcement jurisdiction is problematic given that most of China's maritime claims are inconsistent with international law. To the extent that the MPL purports to assert jurisdiction over foreign flagged vessels in disputed areas or on the high seas, it contravenes international law. Numerous provisions of the MPL regarding the use of force are also inconsistent with international rules and standards governing the use of maritime law enforcement jurisdiction, as well as the UN Charter's prohibition on the threat or use of force against the territorial integrity or political independence of any state. China could use the MPL as a subterfuge to advance its illegal territorial and maritime claims in the South and East China Seas and interfere with coastal State resource rights in their respective exclusive economic zone.

• Journal of the Korean Society of Marine Environment & Safety
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• v.21 no.5
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• pp.524-530
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• 2015

In this study, I present solutions to properly regulate assembly and demonstration at sea which has not been relatively secured and regulated compared to that of on land and inland waters so it may not violate public safety and order, and at the same time to secure it as a basic human right. Firstly, to protect and regulate in the same way with assembly and demonstration on land, I suggest to make amendments to "Law on Assembly and Demonstration" so that Korea Coast Guard Station can accept applications and administrator maritime assembly and demonstration. Secondly, in special cases where there are difficulties in the application of "Law on Assembly and Demonstration" due to the special maritime environment, following the example of Japan, America and England who have regulations in related special laws, I suggest an legislative alternative to add regulations on maritime assembly and demonstration in "Law on Maritime Guard" so that we can administer maritime assembly and demonstration in a way which there should be no conflict between basic human right of people and conservation of public safety.

• Journal of Navigation and Port Research
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• v.34 no.6
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• pp.459-470
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• 2010

It is necessary to prepare a plan to accommodate the International Convention in domestic law, focusing on the new duties for the Coast Guard as they pertain to the field of ship recycling, by studying the key issue of the "HONG KONG International Convention for the Safe and Environmentally Sound Recycling of Ships" of the International Maritime Organization(IMO) and through analyzing the current status of the Coast Guard. The Coast Guard is directly responsible for the protection of the marine environment and takes charge of important duties; Therefore, by instituting a legal basis for its new duties, it will not only create new business but also be able to consolidate its role as an important constituent in the sphere of marine conservation and protection.

• Journal of the Korean Society of Marine Environment & Safety
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• v.19 no.1
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• pp.45-51
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• 2013

In order to facilitate the private maritime security system with high quality guard services, the status of private security companies and the security instructor system which has been operated in land side, are analyzed. Through screening the spectrums of private maritime security and analyzing the status of maritime security guard, the characteristics and expertise of maritime guard service, and it's system need are elicited. we propose the system of marine civil guard officer who will play a major role in private maritime security domain, and design the job requirements, the subjects of qualification test and the education program to enhance his professionalism and practicality. Moreover, the enactment of a provision on marine guard company in Marine guard law will be the platform to develop a private maritime security industry and to strengthen international competitiveness through supervising and piloting private guard service at sea by Korea coast guard.

• Korean Security Journal
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• no.36
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• pp.443-467
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• 2013

The purpose of this study is to introduce United States Coast Guard (USCG) in order to suggest a direction to advance the system of Korea Coast Guard. After the effect of United Nations on the Law of the Sea in 1994, the world is facing with new era of maritime age with emergence of new maritime border 'Exclusive Economic Zone(EEZ)'. Along with new maritime era, Korea also has been facing with the conflicts caused from EEZ. Also, there is a increasing concern about maritime safety and security since people looking for maritime tourism and leisure sports are dramatically increasing in Korea. Moreover, national security matters are a big issue in Korea due to the several incidents occurred in the sea such as the attack on Yeon-Pyung Island and the sinking of Cheonan naval vessel. Arising concern on these issues in maritime space requires Korea Coast Guard to handle these effectively. However, the systematical and structural limitation of Korea Coast Guard limits the effective management of recent issues. The United States Coast Guard which is considered as one of the military force in the United States has continuously reformed and developed its system and structure to better handle the maritime safety and security issues through developing project such as the Integrated Deep Water system. Also, maritime police system and structure in the United States is different with in Korea. This study expects to suggest a way to advance the system and structure of Korea Coast Guard through examination of United States Coast Guard and comparing maritime police system and structure between Korea and the United States in order to properly deal with the maritime safety and security issues arising recently.

• Strategy21
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• s.43
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• pp.175-199
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• 2018

Recent marine territorial disputes in the East China Sea and the South China Sea have come to us as a great threat. China, which has recently established the China Coast Guard and has rapidly developed maritime security forces, is trying to overcome the various conflict countries with its power. Japan is also strengthening intensively its maritime security forces. Since Korea, China, and Japan are geographically neighboring and sharing maritime space in Northeast Asia, there is no conflict between maritime jurisdiction and territorial rights among the countries. The struggle for initiative in the ocean is fierce among the three coastal nations in Northeast Asia. therefore, Korea needs more thorough preparation and response to protect the marine sovereignty. As the superpowers of China and Japan are confronted and the United States is involved in the balance of power in strategic purposes, the East Asian sea area is a place where tension and conflict environment exist. China's illegal fishing boats are constantly invading our waters, and they even threaten the lives of our police officers. The issue of delimiting maritime boundaries between Korea and China has yet to be solved, and is underway in both countries, and there is a possibility that the exploration activities of the continental shelf resources may collide as the agreement on the continental shelf will expire between Korea and Japan. On the other hand, conflicts in the maritime jurisdictions of the three countries in Korea, China and Japan are leading to the enhancement of maritime security forces to secure deterrence rather than military confrontation. In the situation where the unresolved sovereignty and jurisdiction conflicts of Korea, China and Japan continue, and the competition for the strengthening of the maritime powers of China and Japan becomes fierce, there is a urgent need for stabilization and enhancement of the maritime forces in our country. It is necessary to establish a new long-term strategy for enhancing the maritime security force and to carry out it. It is expected that the Korean Coast Guard, which once said that it was a model for the establishment of China's Coast Guard as a powerful force for the enforcement of the maritime law, firmly establishes itself as a key force to protect our oceans with the Navy and keeps our maritime sovereignty firmly.

• Proceedings of KOSOMES biannual meeting
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• 2006.05a
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• pp.141-152
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• 2006

Along with unification world market, marine transportation has become important for international community. At the same tome, piracy, armed robbery and maritime terrorism which threaten marine transport have been issued in international society. International organization like a IMO has continued to regulate maritime crimes by international law and regulation. Bearing in mind the in importance of the issue, this article analyze maritime crimes covering piracy, armed robbery and maritime terrorism about definition and legal character and pointed out problems. Finally it suggest methods to enhance international regulation on them.

• Proceedings of KOSOMES biannual meeting
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• 2000.05a
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• pp.14-25
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• 2000

Should the Korea Maritime Police Agency (KMPA) be a comprehensive, multi-functional organization for a unique on-scene service at sea, as in the case of the U.S. Coast Guard, or should it be simply a water police agency, confining its mission only to law enforcement? The argument about enlarging or limiting KMPA's function has been and will be repeated. In this paper, Lee Sangjib highlights the internal and external issues facing KMPA, stemming partly from deficiencies of its struggles for advancement of the organization and partly from shortcomings of political support for it. In this regard, he urges KMPA to practise a scientific management system for maximizing cost-effectiveness of its administrative resources and for maintaining its identity and characteristics as a lead maritime agency. In addition, he also suggests that KMPA adopt the Total Quality Management System for quality improvements in services and greater efficiency in its organization structure to meet the future competition in the changing political and legal environment. He further recommends the proactive, non-regulatory 'Prevention Through People' program, pioneered by the U.S. Coast Guard, as a way of changing KMPA's existing lopsidedly legalistic culture. He concludes by providing a 6-point vision statement for KMPA from the standpoint of favoring enlarging the function of KMPA.

• The Journal of the Korea Contents Association
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• v.19 no.2
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• pp.121-134
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• 2019

The areas be affected maritime police authority of the Republic of Korea, are largely classified as inland waters, territorial waters, exclusive economic zone and continental shelf(hereinafter referred to as "domestic sea area") and high seas. Of these, the maritime police authority in domestic sea area follows a municipal law that accommodates the United Nations Convention on the Law of the Sea(UNCLOS). In addition, this Convention shall apply on the high seas. Meanwhile, on the high seas, foreign vessels other than domestic vessels are allowed to be subject to limited jurisdiction only for the anti-mankind criminal acts, such as piracy etc. this is in accordance with the principle of "Freedom of the high seas" and "maritime flag state," under this Convention. However, the illegal acts of foreign vessels that threaten the security of coastal states and the safety of ships on the high seas can cause many types of crimes other than anti-mankind criminal acts, and the jurisdiction of the coastal states exercised may lead to conflicts between countries. Therefore, this article would like to suggest a plan for institutional improvement to maintain international maritime order on the high seas and secure maritime police authority in coastal states.