학술지

Korea Association For Aviation Security

학술지 논문검색

논문검색

한국항공보안학회지 : ISSN 2713-3702

한국항공보안학회지, (2023)
pp.11~24

DOI : 10.22930/kafas.2023.5.2.011

- 도쿄협약(1963)을 보완한 몬트리올 의정서(2014)의 국내 입법에 관한 연구 -

안희복

(대한항공, 한국항공대학교 항공우주법학과 박사수료)

Recently, as security incidents have occurred in which passengers open the aircraft doors on airplanes in flight, opinions are increasing that fundamental measures need to be taken. Since the 9/11 terrorist attacks, punishment for in-flight illegal acts related to aircraft operations has been strengthened around the world, and the number of in-flight illegal acts has been increasing in frequency and severity for a long period of time, showing a long-term trend. Illegal acts on board aircraft can pose a threat to an unspecified number of people in the limited space of the aircraft, and in severe cases, there is a risk that it can greatly affect the safety of the flight, so special attention and strict application of the law for deterrence are required. The International Civil Aviation Organization (ICAO) recognized the need for laws that can be commonly applied to illegal acts on board aircraft that may affect aircraft safety due to the nature of international aviation that passes through the airspace and high seas of multiple countries. Accordingly, the “Tokyo Convention” was adopted in 1963. It was later written in the Montreal Protocol (2014) to supplement the Tokyo Convention and went into effect on January 1, 2020, but South Korea has not yet signed or ratified it. However, since the Aviation Security Act stipulates that even if there are international conventions other than those in effect domestically for the security of civil aviation, those conventions shall be followed, it can be interpreted that the Montreal Protocol (2014) is also applicable. Accordingly, we would like to examine whether some provisions of the Protocol require enactment by comparing them with domestic law.
  항공보안법,불법방해행위,기장의 권한,국제민간항공기구,기내보안관

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