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American Special Judicial Police for Environmental Protection

  • Public Land Law Review
  • Abbr : KPLLR
  • 2009, 43(3), pp.735-752
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Moon-Hyun Koh 1

1숭실대학교

Accredited

ABSTRACT

Both general judicial police and special judicial police have the power to investigate environmental crime under Korean legal system. According as public administration is getting specialized, special judicial police are made for its professionalism and efficiency. Special judicial police for environmental protection as well as all kinds of special judicial polices have a poor expertise on account of withdrawal of services through frequent personnel shifts, overwork and a thriving economy atmosphere by a local government head so for. Special judicial police are grounded on investigating specific administrative field such as environmental administration in order to enhance proficiency of an investigator with expertise. Accordingly, there are two ways to enhance specialization. One is to keep present system with securing skilled investigators. The other is to adopt an independent organ which has exclusive power to investigate environmental crime. This paper holds up both Office of Criminal Enforcement, Forensics and Training(OCEFT) of EPA and environmental conservation officer(ECO) who inspects environmental pollution and investigates environmental crime as a representative example of the latter. The Office of Enforcement and Compliance Assurance(OECA), working in partnership with EPA Regional Offices, State Governments, Tribal Governments and other Federal agencies, ensures compliance with the nation's environmental laws. Employing an integrated approach of compliance assistance, compliance incentives and innovative civil and criminal enforcement, OECA and its partners seek to maximize compliance and reduce threats to public health and the environment. OECA is composed of Office of Administration and Policy(OAP), Office of Civil Enforcement(OCE), Office of Compliance(OC), Office of Criminal Enforcement, Forensics and Training(OCEFT), Office of Environmental Justice(OEJ), Office of Federal Activities(OFA), Federal Facilities Enforcement Office(FFEO), Office of Site Remediation Enforcement(OSRE). Office of Criminal Enforcement, Forensics and Training(OCEFT) directs EPA's Criminal program through both the Criminal Investigation Division and the Homeland Security Division. OCEFT provides a board range of technical and forensic services for civil and criminal investigative support through the National Enforcement Investigations Center. Criminal Investigation Division(CID) Special Agents investigate the most significant and egregious violators of environmental laws which pose significant threats to human health and the environment. EPA CID Special Agents work within a structure of sophisticated environmental science and technology. EPA's CID Special Agents bring with them diverse backgrounds and a variety of work experience. The Legal Counsel Division(LCD) is responsible for providing legal support and guidance on all legal and policy matters pertaining to criminal enforcement of environmental laws and the operations of NEIC and HSD. The National Enforcement Investigations Center(NEIC) serves as the principal source of science and technical expertise providing support for unique and/or complex civil and criminal investigations having national impact on EPA and state regulatory programs for air, water, toxics, pesticides, radiation, and solid waste pollution control. The New York State Department of Environmental Conservation's(DEC) Division of Law Enforcement(DLE) has the great tradition. The oldest law enforcement organization in New York State remarkably began with a contingent of eight men appointed as Game Protectors in 1880. Since then, DLE has grown to a force of more than 300 uniformed Environmental Conservation Police Officers(ECOs) and plain clothes investigators. Their dedication to duty has its roots in a long and proud tradition of fish and wildlife enforcement, that also includes environmental protection today. 2005 marks the 125th anniversary of DEC's DLE. It is high time that Korea should introduce tentatively named ‘Environmental Conservation Officers’ such as EPA's CID Special Agents and Environmental Conservation Police Officers(ECOs) of DEC's DLE in order to respond more quickly and effectively to environmental crime.

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