항공보안법상 벌칙규정의 제문제 - 규정양식에 있어서의 통일성과 적정성 원칙의 문제점을 중심으로 -

The purpose of ‘Korean Aviation Safety and Security Act’ is to prescribe standards, procedures and obligations to prevent any unlawful act in airport facilities, air navigation safety facilities and aircraft and to ensure the safety and security of civil aviation, in accordance with international conventions, such as the Convention on International Civil Aviation. The are various penal provisions such as ‘Crime of Causing Damage to Aircraft’, ‘Crime of Hijacking Aircraft’, ‘Crime of Altering Course of Airplane’, ‘Crime of Interference in Airport Operation’, etc. Even though there have been several times of amendments and revisions of the Act, the penal provisions of the Act still lack of unity and proportionality. The provisions themselves seem to be clear (For example, the term “in flight(Article 2 of the Act)” means from the time all the doors of an airplane close after passengers board the airplane to the time all the doors of the airplane open for passengers to disembark.), however, the clearness of terms of the Act is not enough for the provisions to be applied to cases due to its lack of unity and proportionality. In order to ensure the safety and security of civil aviation, the penal provisions of the Act should be revised.