@article{ART003380402},
author={이용삼},
title={A Study on the Legal Limits and Tactical Realities of Weapons Use by the Korea Coast Guard Sea Special Attack Team - Focusing on Weapons Use Standards in Counter-Terrorism Operations and Ex Post Facto Legal Judgment -},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2026},
volume={14},
number={3},
pages={663-693}
TY - JOUR
AU - 이용삼
TI - A Study on the Legal Limits and Tactical Realities of Weapons Use by the Korea Coast Guard Sea Special Attack Team - Focusing on Weapons Use Standards in Counter-Terrorism Operations and Ex Post Facto Legal Judgment -
JO - Legal Theory & Practice Review
PY - 2026
VL - 14
IS - 3
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 663
EP - 693
SN - 2288-1840
AB - This study aims to examine the legal standards by which weapons use in counter-terrorism operations conducted by the Korea Coast Guard Sea Special Attack Team (SSAT) should be evaluated, and to identify the limitations of the current weapons-use standards while proposing directions for improvement. To this end, the legal structure of weapons use is analyzed with a focus on the Act on the Performance of Duties by Police Officers, the Coast Guard Affairs Act, and the constitutional principle of proportionality, and this analysis is supplemented by a review of domestic case law on police firearms use and international maritime law-enforcement practice.
The findings confirm that, notwithstanding the exceptional nature of counter-terrorism operations, weapons use by the Sea Special Attack Team must be evaluated according to the principles of necessity, reasonableness, and proportionality within the scope of the exercise of police authority. The study further finds that while the current tactical training system is structured around the rapid elimination of threats and operational success, ex post facto legal judgment is centered on harm minimization and proportionality, revealing a structural gap between the two.
Accordingly, the study proposes the following: specifying weapons-use standards that reflect the particular characteristics of maritime counter-terrorism operations; establishing a post-incident review system that takes the realities of the field operational environment into account; and restructuring the tactical training system to align with the exercise of police authority. Through these proposals, this study seeks to offer policy and institutional implications necessary for establishing weapons-use standards for the Korea Coast Guard Sea Special Attack Team.
KW - Korea Coast Guard Sea Special Attack Team;Use of Weapons;Maritime Counter-Terrorism Operations;Exercise of Police Authority.
DO -
UR -
ER -
이용삼. (2026). A Study on the Legal Limits and Tactical Realities of Weapons Use by the Korea Coast Guard Sea Special Attack Team - Focusing on Weapons Use Standards in Counter-Terrorism Operations and Ex Post Facto Legal Judgment -. Legal Theory & Practice Review, 14(3), 663-693.
이용삼. 2026, "A Study on the Legal Limits and Tactical Realities of Weapons Use by the Korea Coast Guard Sea Special Attack Team - Focusing on Weapons Use Standards in Counter-Terrorism Operations and Ex Post Facto Legal Judgment -", Legal Theory & Practice Review, vol.14, no.3 pp.663-693.
이용삼 "A Study on the Legal Limits and Tactical Realities of Weapons Use by the Korea Coast Guard Sea Special Attack Team - Focusing on Weapons Use Standards in Counter-Terrorism Operations and Ex Post Facto Legal Judgment -" Legal Theory & Practice Review 14.3 pp.663-693 (2026) : 663.
이용삼. A Study on the Legal Limits and Tactical Realities of Weapons Use by the Korea Coast Guard Sea Special Attack Team - Focusing on Weapons Use Standards in Counter-Terrorism Operations and Ex Post Facto Legal Judgment -. 2026; 14(3), 663-693.
이용삼. "A Study on the Legal Limits and Tactical Realities of Weapons Use by the Korea Coast Guard Sea Special Attack Team - Focusing on Weapons Use Standards in Counter-Terrorism Operations and Ex Post Facto Legal Judgment -" Legal Theory & Practice Review 14, no.3 (2026) : 663-693.
이용삼. A Study on the Legal Limits and Tactical Realities of Weapons Use by the Korea Coast Guard Sea Special Attack Team - Focusing on Weapons Use Standards in Counter-Terrorism Operations and Ex Post Facto Legal Judgment -. Legal Theory & Practice Review, 14(3), 663-693.
이용삼. A Study on the Legal Limits and Tactical Realities of Weapons Use by the Korea Coast Guard Sea Special Attack Team - Focusing on Weapons Use Standards in Counter-Terrorism Operations and Ex Post Facto Legal Judgment -. Legal Theory & Practice Review. 2026; 14(3) 663-693.
이용삼. A Study on the Legal Limits and Tactical Realities of Weapons Use by the Korea Coast Guard Sea Special Attack Team - Focusing on Weapons Use Standards in Counter-Terrorism Operations and Ex Post Facto Legal Judgment -. 2026; 14(3), 663-693.
이용삼. "A Study on the Legal Limits and Tactical Realities of Weapons Use by the Korea Coast Guard Sea Special Attack Team - Focusing on Weapons Use Standards in Counter-Terrorism Operations and Ex Post Facto Legal Judgment -" Legal Theory & Practice Review 14, no.3 (2026) : 663-693.
