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영어

The unlawful interferences, especially smoking on board, are strictly prohibited by Aviation Security law. In order to eradicate the smoking in aircraft, the law has been revised several times to strengthen the level of punishment since 2002. Nevertheless the efforts, the number of smoking on board keeps increasing and some arguments between passengers and cabin crew are raised about what smoking is. According to a case, Some passengers insist that the use of smoke-free cigarettes are not a smoking because the essential element of smoking is 'smoke'. But cabin crew stick on that smoking means the use of any cigarettes irrespective of 'smoke-free'. The reason why the argument has occurred is there is no in-depth discussion of the legislative purpose of the smoking in the aircraft till now. To address these problems, the legislative purpose of the smoking can be divided into three as for aircraft safety, aircraft security or protection of passengers from second-hand smoking. This study is going to review each purpose and find the basis and limitation and then will suggest the better way including revising the law to handle with the smoking in aircraft.