항공 교통약자의 권리보호에 관한 고찰

Abstract

The purpose of this paper is to examine the institutional arrangements in place to facilitate air travel for people with disabilities and other transportation disadvantaged populations as air transportation demand begins to recover from the COVID-19 pandemic.
 The paper is organized into three main sections. The first section is a theoretical review of the public nature of air transportation and the mobility rights of people with disabilities. In particular, it discusses how private commercial airlines, which are not operated by the state, are public, and furthermore, why the right to mobility of persons with disabilities should be guaranteed in air transportation.
 In the second paragraph, we reviewed the comparative legal framework for ensuring the right to mobility of persons with disabilities in air transportation. The regulations of ICAO and IATA were examined as international standards, and legislative examples of developed aviation countries such as the United States and the European Union were analyzed. Through this, we explored various ways to ensure the right to mobility of the air traffic disadvantaged by comparing international standards and cases from advanced countries.
 The third paragraph examines the provisions related to the air traffic disadvantaged in Korea's Aviation Business Act and its implementing regulations, and suggests future revisions.
 Air transportation plays an important role as a means of transportation for the entire society. However, the transportation disadvantaged, especially people with disabilities, face many difficulties in using air transportation services. Since it is difficult to solve these problems through legal amendments alone, it is necessary to recognize the public nature of air transportation and make efforts to ensure the rights and interests of the transportation disadvantaged based on this.
 From a theoretical perspective, this paper explored the reasons why air transportation is public and why it is necessary to prevent the exclusion of the disadvantaged. From a practical perspective, it investigated what legal measures developed countries are taking to protect the disadvantaged in the field of air transportation and tried to suggest ways for Korea to realize the rights and interests of the disadvantaged more effectively. This paper is expected to raise awareness of the theoretical and practical solutions for the protection of the disadvantaged in air transportation and contribute to the improvement of domestic policies and systems.