항공기 내 불법 방해행위 대응 조치에 관한 법적 연구 - 객실 승무원의 수사절차를 중심으로 -

Between 2015 and 2016, illegal in-flight intrusions became a major social issue here. As the perception of illegal in-flight interception has been weak in the past, a series of incidents have triggered social discussion, and in-flight obstruction actions have been developed through the efforts of experts in various sectors of the airline industry. Airline has established a response procedure considering the on-site situation to respond to in-flight intrusions and the cabin crew has expanded their awareness of the role of in-flight security personnel and special judicial police management and related legal knowledge. In addition, the government agencies made strenuous efforts, such as strengthening the criteria for punishment. In order to improve the time when such efforts are being made, we are going to look into the problems that may arise during the in-flight obstructionist action by the cabin crew and suggest ways to improve them. A situation in operation that is not within the reach of the public authority cannot be helped by the national police force. Therefore, it is important to clearly recognize the role of cabin crew as special judicial police officers or in-flight security personnel in response to in-flight trespassers. In the aviation safety and service sector, the investigation procedures should be carried out by a non-specialist cabin crew, who is an expert or a non-specialist, by arresting an in-flight illegal intruder as a special judicial police officer. Therefore, it is necessary to identify which laws are applicable to each type of in-flight obstruction of justice necessary to perform a role and to acquire knowledge of relevant laws. In addition, under the Criminal Procedure Act, the government should acquire investigation procedures and carry out sanctions against those who obstruct illegal acts through investigations according to legitimate procedures. Finally, we will look at the problems that can be committed while carrying out the investigation procedures and the problems that can be caused by lawsuits such as excessive suppression or human rights violations. The government should take proper measures against illegal intruders by preparing measures to improve the above problems, and reduce secondary damages such as human rights violations that can occur due to excessive suppression and wrong actions through due process. Finally, I believe that these studies will be based on not only the external growth of aviation security and safety, but also the qualitative growth.