Earticle

초록

영어

Korea Coast Guard(KCG) is the most basic and indispensable organization for South Korea with an obligation to protect sea and maintain maritime security. Moreover it is in charge of all maritime police affairs and marine pollution control tasks. Nevertheless, as the general concept of KCG's functions and organizational identity has not yet clearly defined, also KCG has been experienced many organizational change as part of governmental restructuring of South Korea. Since the establishment of KCG in 1953, it was reorganized into MMAF(Ministry of the Maritime Affairs and Fisheries) as an independent agency in 1996, [reorganized into MLTM(Ministry of Land Transport and Maritime Affairs) as an independent agency in 2011] and then its organizational foundation has failed to be built in orderly fashion and Organization Act has not been consolidated due to the irregular change in the attached ministry until a recent date, thus it is functioning as the restrictions in establishing the identity of organization, as well as demoralizing members of KCG.
It also became necessary to reconsider absence of identity and instability of position, and as academia(college, policy center ect.) subsequently recognized that the current legal system(Government Organization Act Article 37 (3) : The Korea Coast Guard shall be established under the Minister of Land, Transportation and Maritime Affairs to take charge of policing at sea and the control of marine pollution) is not enough to properly respond to the basic principles for the establishment, organization, and scope of functions for the systematic and efficient performance of KCG, a need to legislate the Police Organizational Act of KCG was presented. However in the current situation where tangible achievement is not being made, examination and promotion of the Police Organizational Act suited to our KCG is being urgently required.
This research, based on references from a number of research found in books or posted up on authorized web-site, focuses on our legal system as well as takes it as a supporting evidence that it examines the systematic functional similarities and differences to the legal system of a major country.
Thus this research was attempted to look into institution inertia of the Police Organizational Act of KCG in our country by investigation the tendency since Government Organization Act enactment, highlight the need to legislate the Police Organization Act of KCG by presenting in detail the current status of legislation states to our country, and suggest a direction for legislative improvement by examining the major content of the Japan Coast Guard(JCG)
It is expected that this research will contribute to the Police Organization Act legislation direction of Korea Coast Guard even a little.

목차

Ⅰ. 서론
 Ⅱ. 해양경찰의 조직체계
  1. 해양경찰의 개념 및 주요업무 법제
  2. 해양경찰의 변천사
 Ⅲ. 해양경찰 법제체제
  1. 해양경찰관련 법령 운영실태
  2. 해양경찰조직에 관한 법제
  3. 육상경찰조직에 관한 법제
 Ⅳ. 해양경찰조직 관련 법제상의 문제점
  1. 해양경찰 개념 및 직무범위의 불명확성
  2. 조직기능의 정체성 부재
  3. 조직기반 약화에 따른 신분의 불안정성
 Ⅴ. 일본 해상보안청법과 그 시사점
  1. 해상보안청법의 제정 경위
  2. 해상보안청법의 체계와 논점
 Ⅵ. 결론
 [참고문헌]
 

키워드

저자

• 손영태 [ Son, Yeong-Tae | 선박안전기술공단 책임검사원, 동국대학교 일반대학원 법학과 박사과정(범죄수사법 전공) ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  비교법연구 [The Journal of Comparative Law]

• 간기

  연3회

• pISSN

  1598-3285

• 수록기간

  2000~2026

• 십진분류

  KDC 360 DDC 340