• 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.

• 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.

• Journal of the Korean Society of Marine Environment & Safety
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• v.14 no.4
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• pp.309-316
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• 2008

This article discusses the legal character and admissible scope of inspection and police questioning of a vessel with force in comparison with the systems of the US and Japan. The author focuses on the factual differences between vessels and cars which justifies the varying standard. A ship at sea may easily slip away and destroy evidence while authorities attempt to get a warrant. Thus, a warrantless boarding and safety inspection could be validated because of the exigent circumstances of the sea.