드론의 전 생애주기를 반영한 독립 법제 제정의 필요성

Abstract

It is no exaggeration to say that drones are the leader of the Fourth Industrial Revolution, and the whole world is paying attention to fostering the drone industry. Since drones reflect the verification of state-of-the-art technology and the improved emotional culture of humans, Korea's drone law is currently focusing on the use of drones, industrial development, fostering, and promotion, so it is necessary to strengthen regulations on risks and side effects from the expansion of the drone industry. Korea deals with regulations on the production, ownership, and operation of drones, focusing on the Aviation Safety Act, which is largely applied differently depending on weight and business status. Unlike Korea, aviation-related laws such as drone reporting, pilot certification, flight airspace, and pilot compliance are organized into separate chapters or enacted separate laws in major advanced aviation countries, while Korea's drone-related laws are scattered in many related laws, so there are many problems in practical application. Most basically, even the terms established in the law are not unified in practice, the standards presented in practice are not reflected in the law, and accordingly, there is a gap between laws and practice in safety management standards and operation. The Ministry of Land, Infrastructure and Transport has come up with measures to strengthen some regulations to improve the safety of drones, but the problem is that legislative omission and simple formal regulations are being made due to inadequate regulations on aircraft declaration, safety certification and flight approval, and pilot certification systems and excessive deregulation. In addition, public law regulation is urgent in that there is no control means for drones in operation, there are limitations in cracking down on drones in illegal flight, and there is no instructions for the disposal of drones that have been operated. Therefore, in this study, the existing laws and regulations focusing on the stages of the drone's entire life cycle, it is applied at each stage are combined to improve measures such as supplementing legislative inadequacies, for example, clarification of drone definition, legislation of liability insurance, strengthening safety security regulations, practical drone crackdown and production requirements, drone disposal, etc. and to make it easier for the people subject to the law to understand, I will propose a direction to preemptively prepare legislation that deals only with drones to improve the current drone-related legislation, which is stipulated in conjunction with existing aircraft, to form a separate chapter in the Aviation Safety Act, or to enact a new individual law, considering the infinite growth potential of the drone industry and its influence on society.