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국제관계연구소
Vol.33-3(December.2018)"Maritime Law Enforcement by the Republic of Korea Concerning Proliferation of Weapons of Mass Destruction: Search and Interdiction"
Abstract: The purpose of this article is to review the practices of South Korea concerning interdiction, especially on the seas, in response to the various sanctions placed on the DPRK by the UN Security Council (UNSC). This article examines the UNSC's resolutions along with Korean statutes and practices. The UN resolutions that are touched on in this article seem to mollify concerns of a breach of international law, and all member states owe a legal obligation to implement them. The primary institutions in charge of maritime law enforcement of South Korea are the Korea Coast Guard and the Korea Customs Service. The Korea Coast Guard is in charge of maritime law enforcement of coastal waters, adjacent waters, and pelagic waters in accordance with the Coast Guard Act. However, there is no statutory provision that provides for the measures, such as attachment and/or disposal of the seizures during search and inspection on the sea, and there is no provision concerning compensation and/or liability due to such measures. Therefore, there needs to be secure legal grounds for direct enforcement measures on seizures in line with the Coast Guard Act. The Korea Customs Service reserves the exercise of police power: to the extent of the legislative purpose of the Customs Act; in the proper administration of the imposition and collection of customs duties and the customs clearance of exported and imported goods; and in securing revenues from customs duties. However, the Customs Act does not provide that weapons of mass destruction and items related to them shall be subject to its application. Given these reasons, it is necessary to develop and implement legislation that recognizes that the transportation of weapons of mass destruction and transportation of designated items by the relevant Resolutions on the DPRK are a breach of the Customs Act.
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