군용 항공기 조종사 폭행 등 처벌 강화에 관한 연구

Abstract

Considering that recent assaults or intimidation on civilian aircraft pilots and ordinary car drivers could be a secondary cause of accidents other than traffic obstruction, the fact that the court has been upgraded to allow tougher punishment has given us many implications. In particular, the fact that the same criminal acts continue to occur due to minor punishments despite the risks of the crimes further highlights the need to come up with measures to block them through strong punishment, such as raising the legal penalty. Critics, however, say that the military's weapons system, which has a greater ripple effect in the event of the same accident and can even be directly linked to national security issues, especially the punishment of acts such as assault and intimidation against military aircraft pilots, does not reflect the changing times as the military criminal law requires the court to punish them more lightly than that of ordinary aircraft. Moreover, as the cases of assault on active-duty air force pilots during flight have been revealed through various media reports, it has become clear that the above concerns are not just groundless. Accordingly, in this paper, we would like to examine the problems of the current military criminal law on assault or intimidation against military aircraft pilots and others, and compare them with other legal systems that punish ordinary aircraft and vehicle drivers in the same crime, to examine what is the appropriate level of application of the military criminal law.