해양범죄수사의 고도화 방안에 관한 연구

Abstract

By the revision on Government Organization Act on July 2017, Korea Coast Guard had been restored, and started to hold the authority of police administration on maritime affairs; its authority had been expanded from criminal investigation on the ‘sea’ to ‘maritime affairs’; during the government re-organization, two-hundred investigators and budget for criminal investigation were transferred from Korean National Police Agency to the Korea Coast Guard which formed the Coast Guard as independent sub-body organization of MOF as in the past. However, in order to restore criminal investigation function, the Coast Guard had been, filling on-scene investigators by having three stages internal recruitment ; however, the Coast Guard is going through the period of having urgent need for developing professionalism on criminal investigation due to the downfall caused by new investigators, recruited internally, without rich experience in such field. Also, recent incidents in the maritime have continued to increase. Therefore, it became issue raised during a parliamentary audit by National Assembly due to insufficient working conditions on maritime scientific investigation. As the maritime incidents have been risen, the importance on many types of identification has been getting dramatically increased; however, there are not enough basic supporting elements such as the working force, budget, and equipments. Maritime crimes is a sensitive field which could lead diplomatic conflicts; this is the reason why the importance has been getting being divided into specialized kinds. However, maritime investigation has not yet formed its professionalism. Moreover, foreigners’ visitation to Jeju island peaked 50,0000 arrivals per year on average; among those arrivals illegal immigrants are estimated 12,000. Most of them are supposed to have defected to move to the homeland without permission, and they are estimated to often leave Jeju Island without permission through small fishery ports or other waters rather than airports where the identification process is tricky. However, it is not vigorous that the illegal immigration through waters has being uncovered by the Coast Guard, so I think it is essential that the Coast Guard improve its investigative capabilities. In addition, the adjustment of investigation authority between the Police and Prosecutor is under processing as the national major policy, so that the Coast Guard must revise criminal investigation system and professionalism on criminal investigation from the point of civilians’ views. Moreover, in order to recruit investigators with expertise in the field of maritime crime investigation, there should be extraordinary reorganization on investigation system and human resource management with the reflection on the characteristics of the Coast Guard. In order to proceed on the reformation, this study describes the significance of the Coast Guard’s investigators’ability, and its profile and special judicial police officer in maritime affairs, other countries’ cases from released studies(on‧off-line) then remarks the argument for, different from special judicial police officer, how Korea Coast Guard must hold general investigation authority and proceed on investigation duty. The ways to develop professionalism in criminal investigation by Korea Coast Guard are, first, to increase the number of officers specialization in criminal investigation, and the authority of such recruitment gets transferred to regional head quarters. Secondly, to increase the number of professional investigators by having professional investigator authentication system, then authentic investigators should be given opportunities such as internal training, commissioned training, and incentives. Third, under the investigation rating system, in order to proceed on the operation of professional investigation training and investigation command ability evaluation, establishment of a training institution for maritime crime investigation is necessary. Forth, to improve the information exchange and interaction between international organizations in transnational crime field in this global society and revise foreign affairs investigation department and increase the number of investigators in the field. Finally, to develop scientific investigation field specialized in maritime characteristics such as maritime digital forensic, underwater-identification which only can be professionally performed by the Coast Guards.