「항공안전법」상 행정처분 제도의 개선에 관한 소고

This paper addresses the need to establish criteria for aggravation and mitigation in the system concerning dispositions designed to enhance clarity and equity in the execution of the system of administrative measures stipulated in the 「Aviation Safety Act」 by securing efficient administrative measures as a means of imposing sanctions against violations of safety standards, in step with the diverse aviation safety-related policies and legislative efforts made by the government. As in other systems, whether there is a need for aggravation and mitigation concerning administrative measures related to violations of aviation safety falls within an administrative agency’s discretion, so the criteria of dispositions and applications should be decided in consideration of diverse factors. However, it can be said that, with regard to such an act of discretion by an administrative agency, it is necessary to institutionalize it by providing specific criteria such as laws and systems from the perspective of legal stability and equity. That is because it is important to apply the system of administrative measures based on definite criteria, as in other systems, although it can be viewed as an act of discretion on the part of an administrative agency to impose a direct/indirect means of sanction to ensure the fulfillment of certain obligations. It is thought that such a matter should be considered discreetly, given that the parties to whom such a measure applies are obligated to observe it, and given that it entails factors to be considered in terms of the propriety of acts and dispositions and the equity of the system in connection with the need to secure its efficacy as a sanction. It can be said that the efficiency of the current 「Aviation Safety Act」 has been enhanced in that its operation and application have been segmented and restructured in a way that has simplified its purpose and detailed contents. However, as regards the administrative measures, they are stipulated in the current 「Aviation Safety Act」 just as they were in the old 「Aviation Act」, and thus it can be said that it is still necessary to make an improvement concerning their application and the application of the criteria for aggravation and mitigation in individual cases, as discussed previously. The strict observance of safety standards is important to the prevention of accidents - particularly serious accidents - and safety standards must be observed regardless of their direct relevance to accidents, but sanctions imposed on violations and aggravation and mitigation should be adequate in terms of equity in consideration of their efficacy. As regards the administrative measures taken as sanctions against defaults on obligations, clear-cut systems and their adequate application to decide spontaneity and importance according to the seriousness of the matter in terms of observance and efficiency in their management/supervision are prerequisites. It is thought that types of cases proposed as criteria for aggravation and mitigation of administrative measures discussed in this paper will serve as the objective criteria for dispositions and as a more clear-cut and systematic system of administrative measures to be applied for the prevention of safety accidents. It will prevent the unnecessary exercise of administrative power and lead to positive execution of dispositions taken by an administrative agency in order to try to gain a clear-cut understanding and seek a voluntary act of observance concerning the system in which a law applies to the relevant parties, and such will play a positive role in attaining the objective of aviation safety stipulated in the country’s 「Aviation Safety Act」.