항만보안 관할권 소재에 관한 법적 고찰 - 항만 보호구역 내 해상구역을 중심으로 -

Abstract

A port has a meaning as a border in that foreign arrivals are made through the arrival and berthing of international ships, and it can be said to be a very important element for national security such as the prevention of maritime terrorism. However, over the past three years, 23 cases of foreign sailors leaving the sea from international ships that were anchored in our port have been identified. In particular, in the case of Gamcheon Port in Busan, there were 12 foreign crew members evacuating without permission during 2020, revealing loopholes in our port security system. A more fundamental problem is that even if a foreigner evacuates without permission, the jurisdiction of maritime security within the port protection area is not clear, so even the clear location of responsibility for jurisdiction between the relevant agencies is not identified. In this study, if the location of jurisdiction for the maritime area of ​​a port is not fundamentally resolved, fatal consequences for national security derived from the blind spot of port security are likely to occur at any time. review and suggest improvement measures. Regarding the research method, as there has been no prior research in this field in the academic world, and the port security-related organizations do not disclose their official views, the position of the institution is indirectly understood and researched based on expert interviews, media reports, and domestic and foreign literature. was performed. Port security-related institutions were centered on the Ministry of Oceans and Fisheries, which is the department in charge of port security under the International Ship Port Security Act, and the Port Security Corporation, and the Korea Coast Guard, the department in charge of maritime security under the Maritime Security Act.