航空機事故의 刑事責任 -韓國과 日本의 事例를 中心으로-

An airplane is indispensable to a man of today living globalized society. Besides it moves most rapidly even than different traffic means and is proud of fruit in scientific technique. The airplane is convenient traffic mean, but on the other hand it goes in company with the hazards of a flight. There is little probability of the plane accident in this flight but once it has occurred, due to difficulty about a stop, produce miserable loss of lives. If the plane accident happened, civil and criminal liability together occurred. Of two legal liabilities, in time of examining from a criminal liability, the captain of the plane is punished for professional negligence resulting in injury or death, and dangerous condition occurrence of the aviation law. This is the consequence that the captain of the plane and a driver are judged by appearances as the same person. But a flight is different from driving and is flown by integrated management system. In addition to that, a flight is accompanied by danger of life. This proves that there is some possibility of nullifying the criminality which otherwise might have been applied to the captain of the airplane. Firstly, it is necessary to review conditions of criminal constitution from approved hazard, principle of trust, and the relation of cause and effect. Secondly, it is possible to be omitted of illegality, and thirdly, there is possibility of being excluded from liability. It is problematic to impose a punishment on the captain of the plane. On the contrary it is worth to consider compensation for personnel loss of a plane accident by Victim-Offender-Mediation. Research areas in future about this include problems that are the border with civil liability, a violation of presumption against its guiltiness, and taking advantage of a means of evading a punishment.