항공기내 불법방해 행위에 대한 처벌규정의 문제점과 개선방안

Abstract

Ramping in the aircraft is a serious criminal act that threatens the safety of aircraft operations. In 1963, the Montreal Protocol was adopted in 2014 to modernize the Tokyo Convention. Korea has adopted a new provision stipulating certain disruptions and obstacles in the "Aviation Safety and Security Act" in 2002, which relies on the existing aviation security law for the disruption and obstruction in aircraft. It was amended by the Aviation Security Act of 2014 to enact the Hague Convention, which is an agreement for the suppression of illegal abduction of Tokyo Convention and 1970 aircraft, which are treaties on crimes and other acts committed in 1963 on aircraft. Furthermore, if penalties for crimes under the Aviation Security Act are heavier than similar crimes committed on the ground, Article 23 (7) of the Aviation Security Act may require air carriers to refuse boarding There is a wider discretion. However, in comparison with the provisions of Article 4 of the ICAO Model Legislation on Jurisdiction, Korea does not specify the issue of expanded jurisdiction. The current Aviation Security Act has provisions that are not yet widely adopted for aviation security. For example, the jurisdiction of the jurisdiction, "justice during the flight", indemnification of lawsuits such as captains, mandatory delivery of criminals, criminal punishment enhancement, and punishment of accomplices. Particularly, in relation to jurisdiction, measures should be taken to revise the aviation security law or the general provisions of the criminal law and to establish the ground rules. In order to respond to the increasingly intelligent and diversified aviation crime, it is necessary to eliminate the legal gaps in international conventions and domestic laws and to expand and strengthen the aviation security system by complementing the imperfections. The airline will also need to strengthen the aviation security audit procedures and training of cabin crew.