South Korea Discusses the Legal Issues of Jurisdiction Over the Security of International Ships in the Port Waters

DOI: https://doi.org/10.62517/jel.202414621

Author(s)

Shi Wenxin

Affiliation(s)

2022 Master of China Institute of Boundaries and Oceanology, Wuhan University, Wuhan, China

Abstract

This paper first summarizes the problems of Korea's security jurisdiction for international ships sailing in its port waters, that is, there is a dead area of jurisdiction. There are differences in the positions of the Ministry of Ocean and Fisheries, the Port Commune, the Port Security Commune and the Marine Police Agency on the security jurisdiction of the "port". The root cause of this difference lies in the special geopolitical nature of the port area and the loopholes in South Korea's domestic legislative transformation of the Security Rules for International Ships and Port Facilities (ISPS Rules). South Korea can learn from the practices of other countries to make a more detailed division of the water and land areas of the port facilities, and further formulate more detailed separate regulations.

Keywords

Port Facilities; Maritime Security; ISPS Rules.

References

[1].Li Chunsheng, Cheng Haitao. Conflict points and solutions between ISPS rules and SOLAS convention in practice [J]. World Shipping, 2017,40 (06): 6-8. [2].Chenghai, Jinbo. Analysis of the performance status and countermeasures of Chinese ship security [J]. China Maritime Affairs, 2008, (12): 59-62. [3].https://www.mof.go.kr/doc/ko/selectDoc.do?docSeq=56291&bbsSeq=9&menuSeq=375#none [4].Interview with the Director of the Investigation and Intelligence Service of the Marine Police Agency (13 November 2020) and the police officer (10 December 2021)