해양환경 특별사법경찰 제도의 실효성 확보 방안 - 미국･일본의 해양환경범죄 수사절차를 중심으로 -

This study analyzes the operational status of South Korea’s Marine Environment Special Judicial Police (MESJP) system and proposes effective improvement measures through comparison with the marine environmental crime investigation systems of the United States and Japan. The MESJP system was introduced in 2008 to utilize expertise in the marine environment field for efficient investigations; however, analysis of its operational status to date reveals several structural problems. According to Ministry of Oceans and Fisheries data from 2015 to 2024, the number of personnel designated as marine environment special judicial police officers decreased from 40 in 2017 to 13 in 2024, and enforcement performance has also continuously declined, with no enforcement records in 2024. This is a very inadequate level compared to the reality of 250-300 marine pollution incidents occurring annually. In practice, the Korea Coast Guard handles most investigations of marine pollution incidents, limiting the role of the MESJP in marine pollution cases. Examining cases from the United States and Japan, the U.S. Coast Guard (USCG) leads on-site investigations, evidence collection, and initial investigations when marine pollution incidents occur, then transfers cases to federal prosecutors who decide whether to prosecute. Japan Coast Guard(JCG) exercises surveillance, enforcement, and investigative authority over marine pollution based on the Criminal Procedure Act and the Japan Coast Guard Agency Act, with a structure for referring cases to prosecutors. Both countries have integrated systems where the initial response agency also handles investigations, unifying both field response and investigation processes. The main problems with the current MESJP system include: first, a disconnect between the system’s purpose and its implementation; second, jurisdictional fragmentation caused by organizations without maritime enforcement authority being responsible for special judicial police duties; and third, limitations in securing expertise in the marine pollution field compared to rapidly evolving technological environments. As improvement measures, this study suggests incorporating the Korea Coast Guard into the current MESJP system, actively utilizing scientific investigation techniques, and implementing measures to secure expertise throughout the recruitment and service processes of dedicated staff. In particular, it is expected that having general civil servants of the Korea Coast Guard, who are currently responsible for emergency response and on-site administrative investigations of marine pollution incidents, perform MESJP duties would maximize the field relevance, legal specificity, and technical expertise of “marine pollution incidents” as an extension of their existing duties.