Maritime Police Law and Criminal Procedure
What this domain tests
This section checks whether you can connect the Maritime Police Act (해양경찰법) to real investigative action under the Criminal Act (형법) and Criminal Procedure Act (형사소송법). Questions often place a coast guard officer on a vessel, at a dock, or in an EEZ confrontation and ask what authority exists, what procedure must be followed, and what evidence may be used.
Core rules
- 해양경찰법 defines missions such as maritime policing, search and rescue, marine pollution response, and maritime security. It also supplies powers to stop, board, inspect, and use force within legal limits.
- 형법 requires act, intent or negligence, unlawfulness, and culpability. Justification grounds include self-defense, necessity, and lawful act.
- 형사소송법 is built on warrant principle. Exceptions include flagrant offender arrest and urgent arrest; after arrest, the 48-hour deadline for requesting a detention warrant is critical.
- At sea, jurisdiction depends on the vessel’s flag, the location (territorial sea, EEZ, high seas), and the specific enforcement statute.
Worked example
An officer at a coastal dock sees A punch B without provocation. The officer may arrest A as a flagrant offender (현행범) because the crime is in progress or immediately completed. Reasoning: no warrant is required for flagrant arrest, but the officer must inform A of the reason, the right to remain silent, and the right to counsel, then transfer the case properly. The 48-hour detention-warrant deadline runs from arrest, not from the later transfer.
Traps
Do not confuse general police powers with coast guard statutory authority. Do not treat EEZ enforcement as full territorial sovereignty. Do not skip the warrant deadline or assume that a warrant is always required despite flagrant-offender exceptions.
Key points
- Identify the legal basis before acting.
- Flagrant arrest needs no warrant but requires prompt procedure.
- Watch the 48-hour detention-warrant deadline.
- Separate territorial sea, EEZ, and high-seas jurisdiction.