• Journal of the Korean Society of Marine Environment & Safety
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• v.15 no.4
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• pp.375-383
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• 2009

The purpose of this study is to examine the U.S. Coast Guard's origins and powers with respect to the warrantless searches of vessels at sea. In principle, searches and seizures of vessels at sea require a warrant. However, a ship at sea may easily slip away and destroy evidence while authorities attempt to get a warrant. Thus, warrantless searches and safety inspection need to be validated because of the exigent circumstances at the sea. There are also two kinds of exceptions that justify warrantless searches at sea namely, border searhes and administrative searches. These theories in the U.S. will be useful for legislation and law enforcement related to the Korea Coast Guard's mission.

• 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.

• Journal of the Korean Society of Marine Environment & Safety
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• v.17 no.3
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• pp.257-264
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• 2011

On April 20, 2010, semi-submersible offshore drilling unit Deepwater Horizon was exploded and sank, and 4.9 million barrels(about 778 thousand tons) of crude oil was spilled into the Gulf of Mexico. As more than one year has been passed since the incident, a lot of investigation reports and lessons learned have been made public and also a lot more will be released soon. This paper studies the final report of the National Commission on "the BP Deepwater Horizon Oil Spill and Offshore Drilling", which was organized by the executive directive of U.S. President Barack Obama, and the interim report of Joint Investigation team of U.S. Coast Guard and BOEMRE of "Report of Investigation into the Circumstances Surrounding the Explosion, Fire, Sinking and Loss of Eleven Members Aboard the Mobile Offshore Drilling Unit Deepwater Horizon". The review is focused on the response to the oil spill. And the paper suggests how to improve national marine pollution response policy. In the paper, the Korean governments is suggested to reinforce the capability for instructing and supervising the responsible party's source control measures, to review how to introduce in-situ burning and vessel of opportunity program into our country, and to continue monitoring on the progress of developments of R&D projects related to oil spill response in the U.S..

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2000.08a
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• pp.1-16
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• 2000

• 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.

• Korean Security Journal
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• no.44
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• pp.85-116
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• 2015

Found in 23 Dec 1953 to cope with illegal fishing of foreign ships and coastal guard duty, Korea Coast Guard was re-organized as an office under Ministry of Public Safety since the outbreak of sinking of passenger ship "Sewolho". In the course of re-organization, intelligence and investigation duty were transferred to Police Department except "Cases happened on the sea". But the definition of intelligence duty is vague and there are lots of disputes over the jurisdiction and range of activities. With this situation in consideration, the object of this study is to analyse legal and institutional characteristic of KCG Intelligence, to compare them to that of Police Department, foreign agencies like Japan Coast Guard and US Coast Guard, to expose the limit and to suggest solution. To summarize the conclusion, firstly, in the legal side, there is no legal basis on intelligence in [The Government Organization Act], no regulation for mission, weak basis in application act. Secondly, in the institutional side, stated in the minor chapter of [The Government Organization Act], 'the cases happened on sea' is a quite vague definition, while guard, safety, maritime pollution duty falls under 'on the sea' category, intelligence fell to 'Cases happened on the sea' causing coast guard duty and intelligence have different range. In addition, reduced organization and it's manpower led to ineffective intelligence activities. In the case of Police Department, there is definite lines on 'administration concerning public security' in [The Government Organization Act], specified the range of intelligence activities as 'collect, make and distribute information concerning public security' which made the range of main duty and intelligence identical. Japanese and US coast guards also have intelligence branch and performing activities appropriate for the main missions of the organizations. To have superiority in the regional sea, neighboring countries Japan and China are strengthening on maritime power, China has launched new coast guard bureau, Japan has given the coast guard officers to have police authority in the regional islands, and to support the objectives, specialized intelligence is organized and under development. To secure maritime sovereignty and enhance mission capability in maritime safety duty, it is strongly recommended that the KCG intelligence should have concrete legal basis, strengthen the organization and mission, reinforce manpower, and ensure specialized training administrative system.

• 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.

• Journal of Korean Port Research
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• v.12 no.2
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• pp.373-384
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• 1998

In search and rescue mission the leeway formula based on the field experiments are utilized for the estimation of wind effect on distressed targets. This paper summarized the leeway formula from the available references. In the summary the environmental data collection method and experimental conditions are described along with the formula. Also the formula currently used in CASP of the U.S. Coast Gurard and CANSARP of the Canadian Coast Guard are discussed.

• Journal of Korean Society of Coastal and Ocean Engineers
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• v.5 no.1
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• pp.11-18
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• 1993

A key element of a successful search and rescue is the correct prediction of the target location. In this paper, new computer models for drift prediction are suggested from the analysis of several methods currently used in other countries. Depending on the availability of the environmental data, users may select a model between the modified versions of U.S. Coast Guard CASP and FLENUMWEACEN SAR. Targets include boats, life rafts and person in water. Life rafts and boats are further classifed. New models are tested and compared with the limited number of field experimental results.

• 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.