드론을 이용한 불법행위의 법적 개선방안 - 항공안전법 개정 방향을 중심으로 -

Abstract

A drone has appeared as one of the core industrial items in the Forth Industrial Revolution discourses and has rapidly begun to be utilized in various sectors in society along with developing AI (artificial intelligence), AV(audio-video) and wireless IT technologies. And it is predicted such a developing Drone technology would make more popular drone usage in our daily lives. At the same time, are being increased risks of illegal drone usage for the purpose of criminal or terrorist activities. This worry was in real at Gatwick Airport in the UK on 19 December 2018, which a drone flight in the runway area of the airport caused stopping all air flights’ landing and taking off and about 140,000 passengers’ flights were delayed for several hours. Although drone usages already have been expanding to non-military activities, including surveillance works by public authorities and delivery services by private courier companies, both current international standards prepared by the ICAO (International Civil Aviation Organization) and national legislation in Korea, which follows international standards (the SARPs of the ICAO), do not seem to fully regulate such expanding various usages of drones in various social sectors. Because both legal systems don’t focus on regulating new types of criminal offenses by using drones but mainly target on guaranteeing navigational safety of drones. Regarding the increasing number of alleged illegal acts by using drones, including an invasion of privacy, a threat to public facilities and airports and various types of infringement, the current national legal system in Korea on aviation security and safety should be revised to respond effectively such alleged infringements and to prepare clear and consistent legal grounds on prevention and punishment of them.