The current Act prohibits smoking by passengers inside an aircraft in flight in the interest of safety, and punishes persons who violate such provision by a fine not exceeding 10 million won. Despite recent criticism regarding smoking by persons engaged in aviation such as pilots, etc., however, it is impossible to impose legally sanctions on them because the current Act lacks provisions regarding persons engaged in aviation or cockpit crew. Smoking by persons engaged in aviation or cockpit crew inside an aircraft not only directly affects the health of passengers but also aircraft safety, and so must be prohibited, which is why this proposal aims to prohibit smoking by persons engaged in aviation, etc., and provide a legal basis to sanction smoking, etc.

Details

A. Newly insert a provision prescribing that a person engaged in aviation or a cockpit crew who violates the prohibition on smoking inside an aircraft shall have his/her certification of qualification suspended or shall be penalized (Article 43 (1) 15-2 and Article 153-2, newly inserted)

B. Newly insert a provision prescribing that a person engaged in aviation or a cockpit crew shall be prohibited from smoking inside an aircraft and an air operator shall have a duty to manage and supervise smoking inside an aircraft (Article 57-2, newly inserted)

C. Newly insert a provision prescribing that an air operator who fails to manage and supervise persons engaged in aviation and cockpit crew belonging thereto as to smoking inside an aircraft, shall be subject to an administrative fine (Article 166 (1) 2-2, newly inserted)

Revocation, etc. of Certification of Qualification or Aviation Medical Certification (Article 43), Prohibition on Smoking Inside an Aircraft (Article 57-2)