항공기내 경미한 불법방해 행위에 대한 법적개선방안 연구 - 범칙금 제도 도입방안을 중심으로 -

Abstract

Despite the high social demand for the eradication of unlawful interferences in aircrafts, their occurrence has been persistent. The Aviation Security Act was reformed to strengthen the level of punishment for unlawful interference in 2016, however it has continued to increase. Since the revision of the Aviation Security Act, countermeasures by cabin crew against unlawful interference occurring in aircraft have also been enhanced, and thus, the cabin crew is obliged to engage in the strong countermeasures and mandatory transfer to the police. Accordingly, the person who committed the unlawful interference has been transferred to the Airport Police. Nevertheless, according to a status report on unlawful interference by the Ministry of Land, Infrastructure and Transport, unlawful interferences have been occurring, showing the ineffectiveness of the Act. In addition to the cases attracting public attention, minor unlawful interference that arbitrarily refuses the safety regulations, occupies seats, and obstructs the just tasks by the cabin crew. However, it is difficult to enforce strong countermeasures that are in conflict with the airliner services. The cabin crew is responsible for safety of air passengers. They perform the function of law enforcement officers as a security officer in the aircraft, while being aware of their jobs as service provider, which in turn leads to problems in the maintenance of the order on board. Under these circumstances, this study aims to propose a scheme that cabin law enforcement officers is in charge of the tasks in the aircraft by introducing a penalty system for minor unlawful interference for the purpose of maintaining order and safety on board. This study identifies the problems existing in the current procedures on unlawful interferences and examines the rules and procedures regarding the other penalty systems of the police and administrative agencies. In addition, it examines the penalty system operated by the railroad law enforcement officers as well as the penalty systems operated in foreign countries, and pursues systematic measures for the management of law enforcement officers in the aviation field. This measure will be an effective way in preventing unlawful interferences that repeatedly occur on board, and maintain aircraft security by ensuring safety and order on board.