「The Coast Guard Affairs Act」 is a general law that supports the realizationof police administration purposes, and using the same law as the purpose andbasis for criminal investigations is in itself against the principle of due processunder the Criminal Procedure Act. Therefore, if evidence related to a crime isdiscovered by chance during a police administrative investigation such as amaritime inspection, in order to seize the evidence, a warrant must be issued inaccordance with Articles 215 to 217 of 「the Criminal Procedure Act」 or avoluntary submission procedure based on Article 218 of the same Act must befollowed. These procedural restrictions are legislative measures to strictly control theindiscriminate infringement of individual freedoms and rights that the Constitutionseeks to protect by investigative agencies, and at the same time, they serve asimportant standards for judicial judgment. Therefore, it seems necessary to discussthe issue of whether it is possible to use the opportunity to conduct a search andseizure of a compulsory nature during the process of boarding a vessel for amaritime inspection and search based on general law, and when this should beconsidered the transition point to a criminal investigation such as a search andseizure. This sense of problem ultimately stems from concerns that the evidentiaryvalue of seized evidence may not be recognized despite the investigativeauthorities' efforts to discover the substantive truth due to the uncertainty regardingthe timing of application of due process. This study was conducted to identify thebiggest cause of the aforementioned problems as the ‘limitations of the current law’and to explore legislative solutions and measures. To this end, we will first reviewthe current law to identify its limitations, and then analyze foreign legislativeprecedents to suggest the introduction of advanced systems such as Germany’s“independent temporary seizure system” thereby suggesting a legislative directionappropriate for the performance of Korea Coast Guard duties.
Jinho Kim (Tue,) studied this question.