항공기내보안요원 사법촬영의 법적 근거 및 제도적 개선방안에 관한 연구

In-flight security personnel, acting as both special judicial police officers and entrusted public officials, are tasked with evidentiary recording as part of their initial investigative duties. The spatial constraints of aircraft cabins make close-range recording inevitable, often capturing personal data of victims and uninvolved passengers, which raises concerns over infringement of the constitutional right to informational self-determination. Currently, such practices mainly depend on the Operational Guidelines for In-Flight Security Personnel of Air Carriers based on the Article 14(2) of the Aviation Security Act. However, the article only mandates the deployment of security personnel without explicitly authorizing evidentiary recording. In the absence of such provision, Article 25-2 of the Personal Information Protection Act may serve as a general legal basis instead. This study identifies three institutional shortcomings in the present practice: (1) problems arising from the use of personal devices and from recording conducted during discretionary investigation stages, (2) the absence of procedures to indicate and notify subjects of the fact and agent of recording, and (3) inadequate safeguards for retention, deletion, and integrity verification of audio and video records. To address these problems, the study finally proposes amendments to the Guidelines, including: (1) a ban on personal device use and explicit authorization for official portable video equipment during on-site arrests, (2) standardized notification procedures with exceptions of urgent situations, and (3) strict data management through a 90-day retention limit with a one-time 90-day extension, integrity check by comparing hash values, and mandatory permanent deletion upon expiration.