항공기내보안요원의 사법경찰직무 수행에 따른 산업보안 법제적 문제점 및 법령 체계 정합성 개선에 관한 연구: 체포 시 피의자 권리 고지 내용을 중심으로

초록

Due to the physical disconnection of aircraft from the ground, general law enforcement agencies are unable to respond immediately to crimes committed in-flight. Consequently, the captain, first officer, and cabin crew are authorized to perform judicial police duties as special judicial police officers under the ‘Act on the Persons Performing the Duties of Judicial Police Officers and the Scope of their Duties’. In recent years, in-flight crime response has evolved beyond simple law enforcement functions, serving as a critical component of industrial security aimed at safeguarding public transportation systems. However, inconsistencies and conflicts have arisen not only among various aviation-related legal provisions governing the punishment and response to in-flight crimes, but also within individual statutes themselves. These discrepancies have led to both legal and practical challenges in the execution of judicial police duties by in-flight security personnel. Against this backdrop, this study analyzes the legal and operational issues that arise in the performance of judicial police functions by in-flight security officers and, based on this analysis, proposes concrete improvements to the relevant provisions of the Operational Guidelines for In-Flight Security Personnel of Air Carriers. To this end, the study first outlines the legal framework for the punishment of in-flight crimes. Second, it examines the punishment clauses and response mechanisms stipulated under the Aviation Security Act. Third, it identifies and analyzes key legal and practical challenges in the execution of judicial police duties, with a particular focus on the obligation to inform suspects of their rights (the Miranda warning) during arrest procedures. Finally, the study offers specific recommendations for revising the relevant provisions of the operational guidelines to improve the coherence and consistency of the legal framework governing in-flight law enforcement. These efforts aim to enhance the normative integrity of the aviation security regime and contribute to the broader consistency of industrial security legislation within the sector.

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