항공보안법상 기내난동 승객에 대한 탑승거절제도 연구- 공권력 집행차원에서의 탑승거절제도 운용방안 -

Abstract

As reported in the press recently, our society has been controversial due to its superiority in relationship. This social phenomenon is highly likely to lead to an ‘anger explosion’ of some classes that appears due to the ‘Superiority’ and the reaction to it, which is seen by some immoral people. From this point of view, the ‘Superiority’ or ‘Anger Explosion’ of passenger in the aircraft can lead to ‘Air Rages’ which can make flight dangerous. Thus, Korean society’s regulations for preventing and sanctioning illegal activities of passengers are stipulated in the aviation security law, and Korean Air’s ‘KE No-Fly System’, which refuses passengers from boarding, is also being implemented recently. However, current aviation security law is somewhat obscure on how to judge a person who is likely to harm the safe operation of an aircraft. As a result, it is probable that the civil airline arbitrarily interprets the relevant laws and regulations to discriminate passengers or to collect sensitive ‘Personal Information’ of customers. Particularly, it is controversial that the act of refusing passengers from boarding who have experienced air rages in the airplane, which is not a national agency, denies the establishment of the air transportation contract to the customer and restricts the basic rights of the individual. That is because it is impossible for an airline to limit the basic rights of an individual solely for the purpose of preventing abstract risk in the absence of an imminent risk of danger to aviation safety. It is also an act of refusing to establish the air transportation contract unilaterally without relief procedure. Therefore, it is desirable to operate the ‘Boarding Refusal System’ in the aviation security law by enforcement of governmental power for aviation safety. For this purpose, we need to consider creating ‘Aviation Special Judicial Police’ for manage aviation security, granting special judicial police rights to the BDO(behavior detection officer) who act in the airport, and also appointing IFSO(in-flight security Officer) by government in accordance with the international law.