Maritime Police Law and Administrative Law
What the exam tests
This domain tests the statutory basis of the Korea Coast Guard (해양경찰청) and general administrative-law doctrine. Expect questions on the 해양경찰법, 행정기본법, 행정절차법, 행정심판법, 행정소송법, and 국가배상법.
Core rules
- The 해양경찰법 defines Coast Guard duties: maritime search and rescue, maritime security, prevention and suppression of maritime crimes, maritime traffic safety, and maritime pollution control. Jurisdiction generally covers territorial seas, ports, and designated coastal waters.
- Administrative acts need a legal basis, proper authority, prescribed form, and reason-giving. Discretion is lawful only within statutory limits and is controlled by proportionality, equality, and the prohibition of improper linkage (부당결부금지).
- Before an adverse disposition, the 행정절차법 generally requires notice and an opportunity to submit opinions; exceptions include urgent public-safety situations.
- Remedies: administrative appeal (행정심판) and administrative litigation (행정소송); state compensation (국가배상) for unlawful acts by public officials.
Worked example
A Coast Guard station revokes a marine-leisure business permit after a pollution incident without notice. Revocation is an adverse disposition. Notice and opinion-giving were required unless an emergency exception applies. The station must show the statutory ground, the facts, and the exercise of discretion. If it fails, the disposition is procedurally defective; the business may seek 행정심판 or 행정소송 and possibly 국가배상.
Traps
Do not confuse 행정심판 with 행정소송; appeal does not automatically suspend execution. Do not assume all discretion is review-free. Do not cite the 해양경찰법 for general police powers without checking the specific statute.