항공기내보안요원의 무기 및 경찰장구 사용에 관한 입법적 개선방안 연구

On March 15, 2017, the Ministry of Land, Infrastructure and Transport revised the Guidelines for Operation of In-Flight Security Personnel by Air Carriers, a type of administrative regulation. This revision granted in-flight security personnel the legal authority to use not only weapons but also police gear such as handcuffs and restraint ropes. However, while the Aviation Security Act allows in-flight security personnel to legally bring on board weapons and police gear, an authorizing provision in the Aviation Security Act that permits their use has not been confirmed. If the relevant operating guidelines, though ostensibly administrative regulations, essentially have the nature of legal supplementary regulations with external binding force, they may be granted legal legitimacy regarding the use of weapons or police gear as a regulatory order. Based on this recognition of the problem, this study first examines the concept and legal status of in-flight security personnel who are responsible for preventing and responding to illegal interference on board. Second, it analyzes the legal grounds and nature of the use of weapons and police gear by in-flight security personnel under the Aviation Security Act and related administrative legislation. Finally, to address the current gap in authorization provisions for use, the study presents the following legislative improvement measures: ① applying the use regulations under the Act on the Performance of Duties by Police Officers within the Aviation Security Act, and ② establishing a separate independent legal basis for use within the Aviation Security Act.