CONTENTS
- 1. Details of the Aviation Law Case
- - Matters of Assistance Provided by the Criminal Attorney
- 2. The Result of the Aviation Law Violation Case
- 3. An Explanation of the Concept of an Aviation Law Violation
- - Methods of Response in Case of a Violation
- - Matters of Daeryun Law Firm's One-Stop Response Assistance
1. Details of the Aviation Law Case
The client, who was facing trial on charges of violating aviation law, had boarded an airplane for travel. Before takeoff, the passenger in the front seat suddenly reclined the seat without warning, and the client's knees were strongly pressed, receiving a momentary impact.
Startled, the client reflexively pushed the back of the front seat with a foot two or three times, and during this process a verbal dispute arose with the front-seat passenger.
A flight attendant calmed both parties, stating that it could amount to disorderly conduct aboard the aircraft, and the situation seemed to be resolved. However, the front-seat passenger suddenly requested the police be called, claiming, "I was assaulted."
In the end, the client was indicted on charges of violation of the Aviation Security Act, and the client's occupation was that of a public official.
Because, given his status as a public official, an actual custodial sentence would result in the grave crisis of automatic dismissal from office, the client came to the criminal attorney of Daeryun Law Firm.
Matters of Assistance Provided by the Criminal Attorney
The criminal attorney provided assistance as follows to defend the client against criminal punishment and to protect his status as a public official.
1. Proving the Preceding Act as the Cause of the Conflict and Emphasizing the Defensive Nature of the Conduct
The Daeryun criminal attorney objectively organized the point that the trigger of the incident was the sudden reclining of the seat by the alleged victim and the use of abusive language.
In addition, the attorney emphasized the point that the client's kicking was not aggressive in intent but a reflexive, defensive movement to protect the knees.
2. Assertion of a "Justifiable Act" Based on Supreme Court Precedent
Supreme Court precedents 99Do3377 and 2009Do12958 hold that "an act within a reasonable scope to protect oneself or one's body does not violate the social norms, so its unlawfulness is precluded."
On this basis, the Daeryun criminal attorney persuasively presented that the client's conduct constituted a justifiable act because it was an instinctive defensive act, not an act intended to disrupt order aboard the aircraft.
3. Substantiation of the Client's Character, Criminal Record, and Occupational Characteristics
The Daeryun criminal attorney submitted supporting materials showing that the client was an exemplary member of society as a public official with no record whatsoever of criminal punishment.
Furthermore, the attorney submitted a structured letter of apology and petition expressing deep reflection and regret over the process by which a minor misunderstanding led to a criminal trial.
4. Emphasis on the Occupational Disadvantage and the Factors for Consideration in Sentencing
Article 46 of the Aviation Security Act (Crime of Assault Aboard an Aircraft, etc.) (2) A person who assaults another person aboard an aircraft in violation of Article 23 (2) shall be punished by imprisonment for up to five years.
Because Article 46 (2) of the Aviation Security Act provides no option of a fine, there is a serious disadvantage in that, if a sentence of imprisonment or a suspended sentence is imposed, a public official is immediately subject to automatic dismissal from office given his status.
The Daeryun criminal attorney strongly argued the necessity of a judgment of suspension of sentencing, on the grounds that "this case involves minor contact for a defensive purpose, and an excessive sanction given his status as a public official is unjust."
2. The Result of the Aviation Law Violation Case
Regarding the aviation law violation case, the court rendered a judgment of suspension of sentencing.
- The minor nature of the matter
- The existence of a preceding act by the victim
- The client's reflexive, defensive conduct
- The characteristics of his status as a public official
- No prior criminal record
Suspension of sentencing is a system in which the charge is acknowledged but, if the person lives without incident for a certain period, no sentence is pronounced.
In other words, it is in practice the most lenient judgment, one that leaves no critical disadvantage for public office, professional licensing, employment, and the like.
This result was due to the strategic assistance of the Daeryun criminal attorney, who from the early stage of the incident precisely reorganized the legal structure and simultaneously persuaded on the precedents, the legal principles, and the sentencing factors.
3. An Explanation of the Concept of an Aviation Law Violation
Aviation law (the Aviation Security Act) is a law intended to protect order aboard an aircraft, the safety of passengers, and the stability of operations, and it strictly prohibits abusive language, shouting, manipulation of equipment, assault, and the like aboard an aircraft.
The Aviation Security Act has a broader scope of application than assault under the general Criminal Act.
Given the characteristics of an aircraft as an enclosed space, even minor physical contact or a verbal dispute is subject first to aviation law if it is determined to carry a "risk of undermining operations."
The violations that ordinary people most frequently commit are as follows.
- Verbal disputes or abusive language between passengers over seating or luggage issues
- Disputes over physical contact arising during seat reclining
- Shouting and disturbance aboard the aircraft after drinking
- Violation of restrictions on the use of electronic devices
- Failure to comply with a flight attendant's restraint or instructions
- Filming, sexual harassment, or words and conduct causing discomfort
- Attempting to approach the cockpit or operating a door or equipment
Even a minor misunderstanding can immediately escalate into a criminal matter given the characteristics of an aircraft as a public place.
Methods of Response in Case of a Violation
Situation | Method of Response |
A dispute arises between passengers | Refrain from reacting emotionally, and immediately explain the facts to a flight attendant |
An assault charge is raised | Secure CCTV footage, flight attendant statements, and nearby eyewitnesses |
Asserting that the charge is unjust | It is necessary to prove whether it was a defensive act and to prove the preceding act |
Public officials and professionals | A defense strategy against punishment, such as non-referral, non-prosecution, or suspension of sentencing, is essential, and the occupational disadvantage should be actively substantiated |
Failure of the initial response | It is necessary to structure the written opinion and letter of apology, collect evidence, and construct the legal principles |
Referral to trial | Denial of the elements of a violation of the Aviation Security Act based on precedents and statutory provisions |
Matters of Daeryun Law Firm's One-Stop Response Assistance
Daeryun Law Firm responds to aviation law cases in the following ways.
- Direct consultation and case analysis by a criminal attorney
- Reconstruction of the in-flight situation (analysis of seat location, time, and the flow of conversation)
- Requesting statements from the airline and flight attendants and supporting the securing of evidence
- Designing defense logic based on Supreme Court and lower court precedents
- Mediating the dispute with the victim's side and seeking lenient treatment
- Building a strategy to protect the status of public officials and employees
- If necessary, integrated assistance extending to civil and disciplinary responses
As in this case, even where the facts are minor and the conduct amounts to a defensive act, the Aviation Security Act has a broad scope of punishment and provides no option of a fine, so without a professional response, there is a high probability of an unfavorable outcome.
Therefore, if you are under charges of violating aviation law or the Aviation Security Act, please proceed with a legal consultation appointment with Daeryun to prepare a tailored strategy.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
