海洋管轄權內 海上犯罪에 관한 硏究

Abstract

Alfred Mahan, a United States Navy officer and geostrategist in the late 19th century, suggested that whoever controls the ocean dominates the world, and to become a strong marine country requires six conditions such as geographical location, natural formation, vast land coverage, population, qualified nation and the character of the Government. Though South Korea is a traditionally maritime country surrounded with waters, however, the ocean has been taken lightly overpowered with development of the earth. With all those trades through marine routes, and attacks from other foreign countries, there has been no political measure. Meantime, land-focused development, shortage of food resources, and environmental matters have led to reveal worldwide efforts to exploit the ocean and take charge more of it. In accordance with recent declarations of EEZ by South Korea, Japan, China to preserve their natural marine resources, forming marine blocks has been expedited and countries are battling over a secondary land to secure marine traffic routes and to gather information necessary for competitive national security. In particular, the reality is that all the issues related to defence and foreign affairs including the order of the Northern East, the North's nuclear experiments, and the ROK-U.S. alliance rearrangement are being rearranged within the maritime jurisdiction. In line with the development of information technology of the 21st century and marine traffic, and the structural changes of East Europe and Russia, international organized crimes are expanding worldwide with more intelligence, and via marine routes. Marine-based drug trafficking, piracy, slavery transportation, and etc. have been considered anti-humanitarian; recently violation against fishery agreements and smuggling are newly emerging. Marine crimes have three features : they are made in the expansive waters, their means are ships, and once they are made, their consequences are serious. If we take a look into aspects of these marine crimes, we can numerate internationally organized gangs' piracy, Koreans' smuggling into Japan, Korean Chinese smuggling into Japan and South Korea, North Koreans' marine escape due to their nation's structural changes, Russians' smuggling camouflaged with fishery trade and employment. Though international crime agencies are corresponding to them, physical limitations such as its vastness of the ocean and weather changes and lack of information sharing between nations are making investigation difficult. Marine crimes also have a tendency to respond to neighbouring countries' political situations sensitively. Futhermore, as far as South Korea concerned, with ideological conflicts of China, Japan, and Russia, escaping Northern Koreans to avoid starvation, airports linked to organized crimes, marine routes being adopted to overcome the limitations of the earth, such organized crimes are newly emerging as passport fabrication, illegal immigration, gun smuggling, piracy, and terror, etc. As marine crimes get organized and intellectual, present investigation system reveal its limitations. Here I suggest corresponding measures to six problems that our investigation agencies have. First, T/F team for organized marine crimes is necessary. Considering characters of international crime investigation, international cooperation needs to be upgraded to access information from abroad. and competitive investigation agencies equipped with professionals and equipment are required to be established. Second is strengthening cooperation in investigation. It is desirable that investigation agencies that grapple with Korean fugitives abroad, foreign fugitives in Korea and hardened criminals cooperate each other. Third is adopting scientific investigation methods, and fostering qualified policemen. To correspond to newly emerging crimes and international crimes, investigation methods need to get scientific, state-of-art equipment that suits features of crimes should be accessible, and trustworthy policemen who are intellectual about foreign affairs are necessary. Fourth is strengthening functions of KCG. The agency is performing many missions as much as we can say that it is taking full charge of prevention of marine crimes and law enforcement against them. For better exchanges with other countries' marine law enforcement agencies, international affairs division of KCG should be promoted to foreign affairs bureau Fifth is strengthening international anti-terrorism and business security protecting activities. In the midst of development of civilization and industrialization, and conflicts of region, race and ideology, international terrors have often happened not only on land but also in the ocean to retaliate against each other. Therefore, to prevent marine terrors, surveillance of industrial products on passenger ships and cargo ships should be upgraded. Sixth is strengthening international coalition in criminal law. International crimes are made on the ocean linked with organized criminals. To prevent this, each country is required to correspond, making a bilateral or multilateral treaties. And for fast information exchange, coalition making the best of ICPO needs to be solidified. It's time to mobilize all the resources for political support so as to make it possible corresponding to international crimes effectively by gathering information on newly emerging crimes, improving investigation system, and preserving horizontal relations among countries, and agencies for consistency in business.