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AIRPORT FACILITIES ACT

Act No. 14113, Mar. 29, 2016

Amended by Act No. 14342, Dec. 2, 2016

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to development of the aviation industry and improvement of public welfare by prescribing matters concerning the establishment and operation, etc. of airports, airfields and navigation safety facilities.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term “aircraft” means aircraft referred to in subparagraph 1 of Article 2 of the Aviation Safety Act;
2. The term “airfield” means a certain area of land or water surface prescribed by Presidential Decree, used for taking off (including taking off from water surface; hereinafter the same shall apply) and landing (including landing on water surface; hereinafter the same shall apply) of aircraft, light aircraft, and ultra-light aircraft;
3. The term “airport” means a public airfield with airport facilities, whose name, location, and area are designated and notified by the Minister of Land, Infrastructure and Transport;
4. The term “airport area” means an area determined as urban or Gun planning facilities referred to in Articles 30 and 43 of the National Land Planning and Utilization Act and notified by the Minister of Land, Infrastructure and Transport, among areas used as airports and prearranged airport, and airfield development areas;
5. The term “airfield area” means an area determined as urban or Gun planning facilities referred to in Articles 30 and 43 of the National Land Planning and Utilization Act and notified by the Minister of Land, Infrastructure and Transport, among areas used as airfields and prearranged airport, and airfield development areas;
6. The term “prearranged airport and airfield development area” means an area notified by the Minister of Land, Infrastructure and Transport pursuant to Article 4 under the basic plan for development of airports or airfields for the purpose of development projects of airports or airfields;
7. The term “airport facilities” means facilities prescribed by Presidential Decree among facilities in airport areas and facilities outside airport areas, which are the following facilities designated by the Minister of Land, Infrastructure and Transport:
(a) Facilities for taking off, landing, and navigation of aircraft, and subsidiary facilities, and supporting facilities thereof;
(b) Facilities for airline passengers and freight traffic, and subsidiary facilities, and supporting facilities thereof;
8. The term “airfield facilities” means facilities established in airfield for taking off and landing of aircraft and subsidiary facilities thereof, designated by the Minister of Land, Infrastructure and Transport;
9. The term “airport development projects” means the following projects implemented under this Act:
(a) Projects relevant to establishment, expansion, maintenance or improvement of airport facilities;
(b) Projects relevant to the construction of infrastructure, including necessary transportation access and port facilities following airport development;
(c) Projects prescribed by Presidential Decree, including projects for employees engaged in duties relevant to airport users and aviation;
10. The term “airfield development projects” means the following projects implemented under this Act:
(a) Projects relevant to establishment, expansion, maintenance and improvement of airfield facilities;
(b) Projects relevant to the construction of infrastructure, including necessary access transportation following airfield development;
11. The term “airport operator” means an airport operator referred to in subparagraph 34 of Article 2 of the Aviation Business Act;
12. The term “runway” means an area set in an airport or airfield with the size prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport for taking off and landing of aircraft;
13. The term “landing zone” means a safety zone established around a runway to reduce damages to aircraft and passengers when aircraft deviates from runways, which are rectangular-shaped land surface or water surface with the size prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, centering at the center line of the runway;
14. The term “obstacle limitation surface” means an area prescribed by Presidential Decree, on which the establishment, etc. of obstacles (referring to topography, articles, etc., which hinder safe navigation of aircraft) around airports or airfields is limited for safe navigation of aircraft;
15. The term “navigation safety facilities” means facilities to assist navigation of aircraft using wire communication, wireless communication, satellites, lights, colors, or radio waves, which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
16. The term “aerial light” means navigation safety facilities to assist navigation of aircraft by using lights, colors, shapes, etc., which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
17. The term “navigation safety wireless facilities” means facilities to assist navigation of aircraft by using radio waves, which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
18. The term “aviation information and communications facilities” means facilities to provide and exchange information necessary for air traffic affairs by using telecommunication, which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
19. The term “landing field” means certain areas of land or water surface, other than airfield, used for taking off or landing of light aircraft and ultra-light aircraft, which are prescribed by Presidential Decree;
20. The term “aeronautic review” means review and evaluation regarding aviation safety, which is planned to find methods to check risks for contact flying and instrument flying procedure, etc., and maintain acceptable safety levels while removing or reducing risks thereof.
CHAPTER II DEVELOPMENT OF AIRPORTS AND AIRFIELDS
 Article 3 (Formulation of Comprehensive Plan for Airport Development)
(1) The Minister of Land, Infrastructure and Transport shall formulate a comprehensive plan for airport development (hereinafter referred to as “comprehensive plan”) including the following matters every five years to implement airport development projects systematically and effectively:
1. Prospects of airport demand;
2. Plans regarding development of airfields, etc. with a scope not less than that prescribed by Presidential Decree, within the scope of financial support by regional airports or the State exceeding 30 billion won;
3. Investment requirements and methods for financing;
4. Matters regarding the development and operation, etc. of airports and airfields.
(2) The comprehensive plan shall be formulated to be in balance with the master plan for aviation policy referred to in Article 3 of the Aviation Business Act, and a plan for national core transport network and a mid-term plan for investment in transport facilities under Articles 4 and 6 of the National Transport System Efficiency Act.
(3) Where the Minister of Land, Infrastructure and Transport intends to change major matters prescribed by Presidential Decree, including the change of an airport development plan among the details of the comprehensive plan, he/she shall change the comprehensive plan as prescribed by Presidential Decree.
(4) Where the Minister of Land, Infrastructure and Transport intends to formulate the comprehensive plan or change the comprehensive plan referred to in paragraph (3) (hereafter referred to as “change” in this Article), he/she shall hear opinions of the head of the related local governments and consult with the head of a related central administrative agency.
(5) The Minister of Land, Infrastructure and Transport may request the head of the related administrative agency to submit data necessary for formulating or changing the comprehensive plan. In such cases, upon receipt of the request, the head of the related administrative agency shall cooperate therewith, unless extenuating circumstances exist to the contrary.
(6) Where the Minister of Land, Infrastructure and Transport intends to formulate or change the comprehensive plan, he/she shall undergo deliberation by the aviation policy committee referred to in Article 4 of the Aviation Business Act.
(7) Where the Minister of Land, Infrastructure and Transport formulates or changes the comprehensive plan, he/she shall announce the details thereof as prescribed by Presidential Decree.
 Article 4 (Formulation of Master Plan for Airport Development)
(1) Where the Minister of Land, Infrastructure and Transport intends to develop airports or airfields, he/she shall formulate a master plan for development of airports or airfields (hereinafter referred to as “basic plan”): Provided, That he/she may not formulate the master plan in cases of minor development projects prescribed by Presidential Decree, including projects regarding improvement of airport facilities or airfield facilities.
(2) The master plan shall include the followings:
1. Analysis of current status of airports or airfields;
2. Demand forecast for airports or airfields;
3. Prearranged airport and airfield development areas, and obstacle limitation surfaces;
4. Size and arrangement of airports or airfields;
5. Plan for construction and operation;
6. Financing plan;
7. Environment management plan;
8. Other matters necessary for the development and operation, etc. of airports or airfields.
(3) Where the Minister of Land, Infrastructure and Transport intends to change major matters prescribed by Presidential Decree, including construction, etc. of new runways among the details of the basic plan, he/she shall change the basic plan as prescribed by Presidential Decree.
(4) Article 3 (4) through (6) shall apply mutatis mutandis to the formulation of basic plan or the change of basic plan referred to in paragraph (3).
(5) Where the Minister of Land, Infrastructure and Transport formulates the basic plan or changes the basic plan referred to in paragraph (3), he/she shall announce the details thereof as prescribed by Presidential Decree. In such cases, Article 8 of the Framework Act on the Regulation of Land Use shall apply to the announcement of cadastral information.
(6) Where the Minister of Land, Infrastructure and Transport announces the basic plan referred to in paragraph (5), he/she shall send the basic plan to the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor (hereinafter referred to as the "Mayor/Do governor"), Metropolitan Autonomous City Mayor or the Governor of a Special Self-Governing Province and display it to general public for not less than 14 days.
 Article 5 (Deliberative Committee on Airport Development Technology)
(1) In order to deliberate on important matters on construction technologies, traffic effects, etc. concerning airport development projects or airfield development projects (hereinafter referred to as “development projects”), a deliberative committee on airport development technology (hereinafter referred to as “technology deliberative committee”) shall be established in the Ministry of Land, Infrastructure and Transport.
(2) The technology deliberative committee shall consist of at least 100 members including one chairperson, named or appointed by the Minister of Land, Infrastructure and Transport among the following persons:
1. Public officials in Grade V or higher relevant to technology development affairs;
2. Executives of public institutions under the Act on the Management of Public Institutions;
3. Persons who have abundant professional knowledge and experience in airport, construction, civil engineering, fire extinguishment, the environment, etc.
(3) The chairperson of the technology deliberative committee may organize and operate a subcommittee for each department if it is necessary to carry out the deliberation of the technology deliberative committee effectively and to deliberate matters commissioned by the technology deliberative committee.
(4) Matters deliberated on by a subcommittee for each department referred to in paragraph (3) shall be deemed to have deliberated on by the technology deliberative committee.
(5) Matters necessary for the organization, function, and operation, etc. of the technology deliberative committee and subcommittees shall be prescribed by Presidential Decree.
 Article 6 (Implementer of Development Projects)
(1) Development projects shall be implemented by the Minister of Land, Infrastructure and Transport.
(2) Where a person other than the Minister of Land, Infrastructure and Transport intends to implement development projects, he/she shall obtain a permission of the Minister of Land, Infrastructure and Transport: Provided, That among development projects regarding improvement of facilities, etc., minor development projects prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as ordinary maintenance and repair projects, may be implemented without permission of the Minister of Land, Infrastructure and Transport.
(3) The standards of permission referred to in paragraph (2) shall be as follows:
1. The purpose and details of development projects shall be in balance with the comprehensive plan and basic plan:
2. The person shall have financial capability and technological capability necessary to implement the relevant development project properly.
(4) Where the Minister of Land, Infrastructure and Transport grants the permission referred to in paragraph (2), he/she may grant the permission on condition of reverting lands and facilities (excluding facilities prescribed by Presidential Decree such as facilities for maintenance and repair of airports and convenient facilities for airport users) related to the relevant development projects to the State or on condition of having the implementer of such development projects bear the expenses incurred in establishing infrastructure, such as roads and water supply and drainage, which are necessary incidentally for such development projects.
 Article 7 (Formulation, Approval, etc. of Implementation Plan)
(1) The implementer of development projects referred to in paragraph (6) (hereinafter referred to as “projector implementer”) shall formulate an implementation plan on development projects (hereinafter referred to as “implementation plan”) before he/she initiates development projects as prescribed by Presidential Decree.
(2) The implementation plan shall include the following matters:
1. Design documents necessary for the implementation of projects;
2. Plans for financing;
3. Period of implementing development projects;
4. Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(3) Where a project implementer other than the Minister of Land, Infrastructure and Transport formulates the implementation plan, he/she shall obtain approval of the Minister of Land, Infrastructure and Transport. The same shall apply to cases of changing permitted matters.
(4) Notwithstanding the latter part of paragraph (3), a project implementer other than the Minister of Land, Infrastructure and Transport may report the change of minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport including the change of facilities which does not accompany the change of structure and not affect safety at the same time when he/she applies for confirmation of the completion of construction under Article 20.
(5) Where the Minister of Land, Infrastructure and Transport intends to formulate an implementation plan including the matters referred to in Article 8 (1) 1, 2 (only referring to the deliberation of building committees referred to in Article 4 of the Building Act) or 12 or permit the implementation plan pursuant to paragraph (3), he/she shall undergo deliberation by the technology deliberative committee in advance.
(6) Where the Minister of Land, Infrastructure and Transport formulates or changes an implementation plan or permits the implementation plan or permits a change thereof pursuant to paragraph (3), he/she shall announce the details thereof as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That in cases of minor development projects prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport such as changes of minor matters referred to in paragraph (4), he/she may omit such announcement.
(7) Where the Minister of Land, Infrastructure and Transport announces under paragraph (6), he/she shall send the copy of the relevant documents to the competent Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor, the head of each Si/Gun, and autonomous Gu (hereinafter referred to as “head of Si/Gun/ Gu”).
(8) Upon receipt of the copy of the relevant documents under paragraph (7), the head of a Si/Gun/Gu where matters of determination of urban or Gun management plans referred to in subparagraph 4 of Article 2 of the National Land Planning and Utilization Act are included in the relevant documents, shall take necessary measures such as the application for the approval of topographic maps referred to in Article 32 of the same Act. In such cases, the project implementer shall submit the documents necessary for the announcement, etc. of topographic maps to the head of a Si/Gun/Gu.
(9) Where the Minister of Land, Infrastructure and Transport formulates or approves the implementation plan which requires expropriation of land, etc. referred to in Article 12 (1), he/she shall announce the details such as the name of project implementer, type of project, and land to be expropriated, and notify the owner and right holder of such land, etc. of the such fact. The same shall apply where the details, such as land to be expropriated, are changed since the implementation plan is changed.
 Article 8 (Statutory Treatment as Authorization, Permission, etc.)
(1) Where the Minister of Land, Infrastructure and Transport formulates or approves the implementation plan referred to in Article 7 (1) and (3), it shall be deemed that the following approval, permission, authorization, determination, designation, license, consultation, agreement, deliberation or cancellation, etc. (hereinafter referred to as “authorization, permission, etc.”) has been made, and where the Minister of Land, Infrastructure and Transport announces the announcement of the implementation plan or the approval of the implementation plan referred to in Article 7 (5), it shall be deemed that the announcement or notification of authorization, permission, etc., under the following Acts has been made:
1. Deliberation of the Construction Technology Deliberative Committee referred to in Article 5 of the Construction Technology Promotion Act;
2. Deliberation of the Building Committee referred to in Article 4 of the Building Act, building permits under Article 11 of the same Act, building reports referred to in Article 14 of the same Act, permits and reports of change of use referred to in Article 19 of the same Act, permission of constructing temporary structures referred to in Article 20 (1) of the same Act, and reports referred to in paragraph (3) of the same Article, and consultation with the permitting authority under Article 29 of the same Act;
3. Approval of the implementation plan referred to in Article 9 of the Special Act on Designation and Management of Free Economic Zones;
4. Permission of aggregate extraction referred to in Article 22 of the Aggregate Extraction Act;
5. Occupancy or use permit of public waters and announcement of occupancy or use permit of public waters referred to in Article 8 of the Public Waters Management and Reclamation Act, approval or report of an implementation plan for occupancy or use of public waters referred to in Article 17 of the same Act, reclamation license of public waters referred to in Article 28 of the same Act public announcement of reclamation license referred to in Article 33 of the same Act, consultation with the reclamation license agency or approval of the reclamation license agency referred to in Article 35 of the same Act, and approval of the implementation plan for reclamation of public waters referred to in 38 of the same Act;
6. Determination of urban or Gun management plans referred to in Article 30 of the National Land Planning and Utilization Act, permission for development activities referred to in Article 56 of the same Act, designation of implementers of urban or Gun planning facility projects referred to in Article 86 of the same Act, authorization of implementation plans referred to in Article 88 of the same Act, and public announcement of implementation plan referred to in Article 91 of the same Act;
7. Consultation on permission, etc. of administrative agency referred to in Article 13 of the Protection of Military Bases and Installations Act;
8. Permission or consultation of diversion of farmland referred to in Article 34 of the Farmland Act;
10. Consultation with or approval of the road management agency referred to in Article 107 of the Road Act (only referring to those regarding the designation and announcement of road routes referred to in Article 19 of the same Act, determination of road zones referred to in Article 25 of the same Act, permission of implementing road construction for persons other than the road management agency referred to in Article 36 of the same Act, and permission of occupying roads referred to in Article 61 (1) of the same Act);
11. Permission for occupancy of urban parks referred to in Article 24 of the Act on Urban Parks, Green Areas, Etc.;
12. Submission and review of statements of traffic impact assessment referred to in Article 16 of the Urban Traffic Improvement Promotion Act;
13. Approval of urban railroads project plan referred to in Article 7 (1) of the Urban Railroad Act and license of urban railroads transport projects referred to in Article 26 (1) of the same Act;
14. Permission for felling, etc. in lands for erosion control referred to in Article 14 of the Erosion Control Work Act and cancellation of designation of lands for erosion referred to in Article 20 of the same Act;
15. Permission or report of felling, etc. of trees referred to in Article 36 (1) and (4) of the Creation and Management of Forest Resources Act;
16. Designation of the implementer of Industrial complex development projects referred to in Article 16 of the Industrial Sites and Development Act and approval for implementation plans for national industrial complex development referred to in Article 17 of the same Act;
17. Approval and report of construction, etc. of factory referred to in Article 13 of the Industrial Cluster Development and Factory Establishment Act;
18. Permission for diversion of mountainous districts referred to in Article 14 of the Mountainous Districts Management Act and report on diversion of mountainous districts referred to in Article 15 of the same Act;
19. Report on fire-fighting installation referred to in Article 13 (1) of the Fire-Fighting System Installation Business Act;
21. Authorization for general waterworks business referred to in Article 17 (1) of the Water Supply and Waterworks Installation Act and authorization for building private-use waterworks and private-use industrial waterworks referred to in Articles 52 and 54 of the same Act;
22. Permission for building factory, etc. referred to in Article 6 (1) of the Act on the Safety Control of Hazardous Substances;
23. Consultation with a park management agency referred to in Article 71 (1) of the Natural Parks Act (only referring to consultation on the permission for acts in park areas referred to in Article 23 of the same Act);
24. Permission, report or consultation of diversion of grassland referred to in Article 23 of the Grassland Act;
25. Approval or report of the installation of waste treatment facilities referred to in Article 29 (2) of the Wastes Control Act;
26. Permission for construction or maintenance of public sewerage referred to in Article 16 of the Sewerage Act, permission for occupation and use regarding the acts of occupation and use referred to in Article 24 of the same Act, and report on establishment, etc. of private sewage treatment facilities referred to in Article 34 (2) of the same Act;
27. Consultation with or approval of the river management agency referred to in Article 6 of the River Act (only referring to those regarding the permission for the implementation of river works referred to in Article 30 of the same Act, permission for occupation and use of rivers and announcement of permission for occupation and use referred to in Article 33 of the same Act, and permission for use permits for river water referred to in Article 50 of the same Act);
28. Permission for the implementation and management of navigation aids referred to in Article 5 of the Navigational Aids Act;
29. Permission for the implementation of harbor projects referred to in Article 9 (2) of the Harbor Act and approval of the implementation plan of harbor projects under Article 10 (2) of the same Act.
(2) Where the Minister of Land, Infrastructure and Transport intends to formulate or approve the implementation plan pursuant to Article 7 (1) or (3), if matters falling under any subparagraph of paragraph (1) are included in the implement plan, he/she shall preconsult with the head of the related administrative agency on whether the implementation plan is appropriate for Acts under each subparagraph of paragraph (1).
(3) Upon receipt of the request of consultation pursuant to paragraph (2), the head of the related administrative agency shall submit his/her opinion within 20 days after he/she was requested of consultation. In such cases, where the head of the related administrative agency fails to submit his/her opinion within such period, it shall be deemed that the consultation was made.
 Article 9 (Limitation, etc. of Disposing National or Public Lands)
(1) No land owned by the State or local governments, which are necessary for a development project, in areas designated and announced as prearranged airport and airfield development areas pursuant to Article 4 (5) or areas for which the implementation plan was announced under Article 7 (6) shall be sold or transferred for purposes other than the relevant development project.
(2) Notwithstanding the State Property Act, the Public Property and Commodity Management Act, and other statutes, the property of the State or local governments in the areas announced as prearranged airport and airfield development areas or areas for which the implementation plan was announced under paragraph (1), may be sold or transferred to the project implementer by a private contract. In such cases, the Minister of Land, Infrastructure and Transport shall preconsult with the head of the related administrative agency on the abolishment of the use of administrative property and disposition of general property pursuant to Article 40 (2) 1 of the State Property Act.
(3) Except as otherwise provided for in paragraph (2), the Minister of Land, Infrastructure and Transport shall preconsult with the Minister of Strategy and Finance on the sale and transfer of the State property.
(4) Where there is a request for consultation under the latter part of paragraph (2) or paragraph (3), the head of the related administrative agency or the Minister of Strategy and Finance shall abolish the use, selling or transferring or taking other necessary measures within 30 days from the day when he/she was requested.
(5) Among the property which is intended to be sold or transferred to the project implementer pursuant to paragraph (2), the property for which the management office is unclear shall be managed or disposed by the Minister of Strategy and Finance, notwithstanding provisions of other statutes.
 Article 10 (Limitation on Acts, etc.)
(1) Any person who intends to conduct acts prescribed by Presidential Decree such as construction of buildings, installation of artificial structures, change of shape and quality of land, quarrying, land division, stacking articles in areas designated and announced as prearranged airport and airfield development areas under Article 4 (5) or in areas for which the implementation plan was announced under Article 7 (6), shall obtain a permission from the Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries (limited to acts in public waters managed by the Minister of Oceans and Fisheries under the Public Waters Management and Reclamation Act; hereinafter the same shall apply in this Article) or the heads of Si/Gun/Gu. The same shall apply to cases of changing matters which are permitted.
(2) Notwithstanding paragraph (1), any of the following acts may be conducted without obtaining a permission:
1. Emergency measures necessary for response to calamity or disaster control;
2. Acts prescribed by Presidential Decree, such as the change of shape and quality of land for cultivation.
(3) Any person who initiates the construction or project for acts already permitted under the relevant statutes or acts for which the permission is not required at the time of the announcement of areas designated as prearranged airport and airfield development areas or the announcement of the implementation plan, among acts which shall be permitted under paragraph (1), may continue to implement them after reporting it to the Minister of Land, Infrastructure and Transport or the heads of Si/Gun/Gu, as prescribed by Presidential Decree.
(4) The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or the heads of Si/Gun/Gu may order a person who violates paragraph (1) to restore the land to the previous condition. In such cases, where the persons ordered to restore fails to conduct such duty, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or the heads of Si/Gun/Gu may execute it by proxy under the Administrative Vicarious Execution Act.
(5) Except as otherwise provided for in this Act, Articles 57 through 60 and 62 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the procedure and standards, etc. of permission referred to in paragraph (1).
(6) Where the permission was obtained under paragraph (1), it shall be deemed that the permission for development acts was obtained under Article 56 of the National Land Planning and Utilization Act.
 Article 11 (Access to and Use, etc. of Land)
(1) Project implementers (limited to the Minister of Land, Infrastructure and Transport, the heads of local governments, and the heads of the public institutions under Article 4 of the Act on the Management of Public Institutions, in cases of airfield development projects, and the same shall apply in this Article and Article 12 (1)) may conduct the following acts if necessary for development projects:
1. Accessing land of third persons;
2. Temporarily using land of third persons as material yards, passages, or temporary roads;
3. Changing or removing trees, soil, stone or other obstacles, if especially necessary.
(2) Articles 130 (2) through (9) and 131 of the National Land Planning and Utilization Act shall apply mutatis mutandis to methods and procedure, etc. of acts referred to in paragraph (1). In such cases, “implementers of urban or Gun planning facility projects” shall be construed as “project implementers.”
 Article 12 (Expropriation of Land, etc.)
(1) Project implementers may expropriate or use land, goods and rights referred to in Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as “land, etc.”) if necessary for the implementation of development projects.
(2) Where an implementation plan is formulated, approved, or announced under Article 7, it shall be deemed that a project is approved and project approval is announced under Articles 20 (1) and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.
(3) An application for ruling on the expropriation or use of land, etc. may be filed within the implementation period of development projects prescribed in the implementation plan, notwithstanding Articles 23 and 28 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.
(4) The competent land expropriation committee of ruling on the expropriation or use of land, etc. shall be the central land expropriation committee.
(5) The Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to the expropriation or use of land, etc., unless there exist special provisions to the contrary in this Act.
 Article 13 (Entrustment of Land Selling Business, etc.)
(1) Project implementers may commission land purchasing business, business of compensation for loss and migration measures business, etc. for development projects to the heads of the competent local governments as prescribed by Presidential Decree.
(2) In cases of commissioning land purchasing business, business of compensation for loss and migration measures business, etc. referred to in paragraph (1), the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply to commission fees, etc.
(3) In cases of compensation for loss for development projects, any loss caused by the disposition or limitation by the Minister of Land, Infrastructure and Transport shall be compensated by the State and loss caused by the implementation of projects by persons other than the Minister of Land, Infrastructure and Transport shall be compensated by the projector implementer or facilities shall be established to prevent such loss by the projector implementer.
 Article 14 (Claim for Purchasing Land)
(1) Any owner of land which became significantly less useful since the land cannot be used for its purpose or land cannot be used or make profit as the area to which the land belongs was announced as prearranged airport and airfield development area (hereinafter referred to as “lands subject to purchase”), who falls under any of the following persons may claim the purchase of the relevant land to the relevant project implementer:
1. A person who has continuously owned the land since the area was announced as a prearranged airport and airfield development area;
2. A person who acquired and continuously owned the land before the use of and the profit from the land became impossible;
3. A person who has inherited the land from any person falling under subparagraph 1 or 2 and continuously owned the land.
(2) Specific standards for determination of land which became significantly less useful since it cannot be used for its purpose or land cannot be used or make profit under paragraph (1) shall be prescribed by Presidential Decree.
 Article 15 (Procedure, etc. of Claim for Purchase)
(1) A project implementer shall notify a claimer of purchase of whether the land is subject to purchase and the expected price of purchase, etc. within six months after he/she has received the claim for purchasing land under Article 14 (1).
(2) For the land which a project implementer notifies as the land subject to purchase under paragraph (1), he/she shall formulate a purchase plan and purchase it within a period prescribed by Presidential Decree not more than five years.
(3) The purchase price of land subject to purchase (hereinafter referred to as “purchase price”) shall be the price evaluated by considering the land price index prescribed by Presidential Decree, producer price index, location, shape and environment of the land, and status of using the relevant land, etc. during a period from the standard date of announcement to the date of payment to the claimer of purchase, based on the officially announced land price under the Act on the Public Announcement of Real Estate Values at the time of purchase claim.
(4) The land purchased under paragraphs (1) through (3) shall belong to the State if the project implementer is the Minister of Land, Infrastructure and Transport, and the said land shall belong to the relevant project implementer if the project implementer is not the Minister of Land, Infrastructure and Transport.
(5) In cases of the land purchased under paragraphs (1) through (3), the method of calculating purchasing price, purchasing procedure, and other necessary matters shall be prescribed by Presidential Decree.
 Article 16 (Burden of Expenses)
(1) A project implementer shall bear expenses incurred in appraisal and assessment, etc. for calculating the purchase price in Article 15 (3).
(2) Notwithstanding paragraph (1), where a claimer of purchase withdraws the claim for purchase without any justifiable ground, a project implementer may have the claimer of purchase fully or partially bear expenses incurred in appraisal and assessment as prescribed by Presidential Decree: Provided, That this shall not apply where the purchase price falls by the ratio not less than that prescribed by Presidential Decree compared to the expected purchase price.
(3) Where a project implementer is the Minister of Land, Infrastructure and Transport or the head of local governments, if the claimer of purchase fails to pay the expenses to be borne under the main sentence of paragraph (2), it shall be collected in the same manner as delinquent national taxes are collected.
 Article 17 (Implementation of Subsidiary Construction)
(1) A project implementer may deem the construction works other than a development project, which became necessary as a result of the development project or which became necessary to implement the development project (hereinafter referred to as “subsidiary construction”), as the relevant development project and implement it together with the relevant development project.
(2) The scope of subsidiary constructions shall be prescribed by Presidential Decree.
 Article 18 (Implementation of Development Project by Proxy)
Where it is necessary to conduct a development project implemented by persons other than the Minister of Land, Infrastructure and Transport, the Minister of Land, Infrastructure and Transport may consult with the relevant project implementer, and implement it while the expense is borne by the project implementer or have a third party conduct it by proxy.
 Article 19 (Special Cases for Promotion of Development Project and Quality Improvement, etc.)
1. Development projects using special technologies or special devices recognized by the Minister of Land, Infrastructure and Transport after undergoing the deliberation of the technology deliberative committee;
2. Development projects that the Minister of Land, Infrastructure and Transport deems that the structure and shape of facility are at higher level than the standard regarding fire-fighting, disaster prevention, fire prevention, evacuation, etc. under the relevant statutes upon deliberation of the technology deliberative committee.
(2) Where a development project orders construction projects with various functions and characteristics, in cases where it is difficult to order the construction and electricity work and telecommunication work separately due to the condition of the site of work or technology management, which are prescribed by Presidential Decree, he/she may order the construction work by integrating them.
(3) Notwithstanding Article 20 of the Industrial Cluster Development and Factory Establishment Act, a development project implementer may establish, increase or transfer facilities for producing various construction materials required for the development project, which the Minister of Land, Infrastructure and Transport deems directly necessary for the development project, in a prearranged airport and airfield development area or the vicinity thereof. In such cases, the facilities for producing construction materials shall be limited to those established during the period of development project for the purpose of construction.
(4) Where a development project implementer finishes the development project, he/she shall restore the facilities established under paragraph (3).
 Article 20 (Confirming Completion of Construction)
(1) Where a project implementer other than the Minister of Land, Infrastructure and Transport finishes construction regarding development projects, he/she shall submit a report on completion of development projects thereto and receive the confirmation of the completion of construction from the Minister of Land, Infrastructure and Transport without delay as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) A project implementer who receives the approval of use from the permitting authority under the proviso to paragraph (1) shall report such fact to the Minister of Land, Infrastructure and Transport.
(3) Where the Minister of Land, Infrastructure and Transport confirms the completion of construction under paragraph (1), he/she may commission an inspection necessary for the completion of construction to the heads of the relevant central administrative agencies, the heads of local governments, the heads of public institutions under Article 4 of the Act on the Management of Public Institutions or relevant specialized institutions, etc.
(4) Where the Minister of Land, Infrastructure and Transport receives an application for the confirmation of the completion of construction referred to in paragraph (1) and deems that the construction was implemented according to the details of the implementation plan, he/she shall issue a certification of the completion of construction to the applicant thereof.
(5) Where the Minister of Land, Infrastructure and Transport finishes construction works regarding development projects or issues a certification of the completion of construction referred to in paragraph (4), he/she shall announce the name, type and location of the development project and initial date of using it, etc., as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(6) In cases of announcement under paragraph (5) and the receipt of a certificate of approval of use under the proviso to paragraph (1), it shall be deemed that the confirmation of the completion of construction or the authorization of the completion of construction, etc. of the relevant project resulting from the authorization, permission, etc. under each subparagraph of Article 8 (1) was received.
(7) Before issuing the certification of the completion of construction referred to in paragraph (4), no land or facilities created or established by the development project shall be used: Provided, That this shall not apply where it is deemed that the permission for use was issued before the confirmation of the completion of the construction or it is deemed that the confirmation of the completion of construction for buildings under the proviso to paragraph (1) was issued by the Minister of Land, Infrastructure and Transport.
 Article 21 (Investment Permission and Vesting, etc. of Facilities)
(1) Any person who intends to invest in the development projects implemented by the Minister of Land, Infrastructure and Transport shall obtain a permission of the Minister of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport may grant a permission on condition of vesting the properties relevant to such development project and other facilities (excluding facilities prescribed by Presidential Decree such as facilities for maintenance and repair of airports, convenient facilities for airport users) to the State.
(2) The land and facilities developed or established by obtaining permission on the condition under the latter part of paragraph (1) and Article 6 (4) shall belong to the State immediately upon completion of the relevant construction: Provided, That where the permission without conditions is obtained, such land and airport facilities shall be owned by the relevant project implementer.
(3) Notwithstanding paragraph (2), the Incheon International Airport Corporation Act shall apply to the vesting of properties and facilities developed or established for the development project of the Incheon International Airport Corporation by the Incheon International Airport Corporation under the same Act.
 Article 22 (Use, Profit, etc.)
(1) The Minister of Land, Infrastructure and Transport may allow investors or project implementers of the airport facilities or airfield facilities belonging to the State under Article 21 (2) to gratuitously use or profit from such facilities or other facilities managed by the Minister of Land, Infrastructure and Transport to the extent of total project expenses invested by them as prescribed by Presidential Decree: Provided, That the Incheon International Airport Corporation Act shall apply to use and profit, etc. of land and facilities developed or established by the Incheon International Airport Corporation under the same Act as the project implementer.
(2) If it is inevitably necessary for the operation of airports or airfield, the Minister of Land, Infrastructure and Transport may cancel the permission for gratuitous use of and profit from airport facilities or airfield facilities which were allowed to use gratuitously or profit from under paragraph (1). In such cases, where the total fees of using or profiting from airport facilities or airfield facilities belonging to the State by investors or project implementers under paragraph (1) do not reach the total project expenses, the Minister of Land, Infrastructure and Transport shall take necessary measure for the compensation by methods such as allowing the use of and profit from other airport facilities or airfield facilities to be gratuitous, until the total fees reach the total project expenses.
(3) The methods of calculating total project expenses and the period of gratuitous using and profiting under paragraph (1) shall be prescribed by Presidential Decree.
 Article 23 (Financial Support)
(1) The State may fully or partially assist with the expenses necessary for the relevant development project to project implementers within budgetary limits or loan financial funds for the promotion of development projects.
(2) Where the head of local government establishes a landing field after obtaining a permission by the Minister of Land, Infrastructure and Transport under paragraph 25 (1), the State may fully or partially assist the expenses necessary for the implementation of relevant project or loan financial funds.
 Article 24 (Standards, etc. of Establishing Airport Facilities and Airfield Facilities)
The standards for the establishment of airport facilities or airfield facilities and navigation safety facilities necessary for development projects under Article 6 (1) and (2) (hereinafter referred to as “standards of establishing facilities”) shall be prescribed by Presidential Decree.
 Article 25 (Landing Field)
(1) The Minister of Land, Infrastructure and Transport may establish a landing field, and where a person other than the Minister of Land, Infrastructure and Transport intends to establish a landing field, he/she shall obtain a permission from the Minister of Land, Infrastructure and Transport. Where the Minister of Land, Infrastructure and Transport intends to grant a permission to establish a landing field, he/she shall preconsult with the head of a related central administrative agency and the competent head of a Si/Gun/Gu.
(2) A person who establishes a landing field pursuant to paragraph (1) shall manage the landing field to meet the standard referred to in paragraph (3).
(3) The standards necessary for the establishment and management of landing fields referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree.
(4) The Minister of Land, Infrastructure and Transport may order a person who establishes or manages a landing field to take proper measures in one of the following cases. In such cases, where a person who was ordered by the Minister of Land, Infrastructure and Transport fails to take proper measures within a reasonable period prescribed by the Minister of Land, Infrastructure and Transport, the Minister of Land, Infrastructure and Transport may cancel the relevant permission:
1. Where the person fails to begin the construction within one year from the due date of beginning the construction stated in the permission for establishment of landing field or fails to complete the construction until the due date of the completion of the construction without any justifiable ground;
2. Where the person violated the conditions attached to the permission.
(5) Where an establisher of a landing field falls under any of the followings, the Minister of Land, Infrastructure and Transport may cancel the permission or approval related to the implementation and management of the relevant project or may take necessary measures such as the suspension of the effect thereof and order to cease the construction: Provided, That the Minster may cancel the permission or approval related to the implementation and management of the relevant project in cases falling under subparagraph 1 or 3:
1. Where the establisher obtains permission by fraud or other improper means;
2. Where a person other than the Minister of Land, Infrastructure and Transport establishes a landing field without obtaining a permission under paragraph (1) or violates the permitted matters;
3. Where it is deemed impossible to implement the establishment of a landing field continuously due to changing circumstances.
(6) The Minister of Land, Infrastructure and Transport may order to cease the use of a landing field in one of the following cases:
1. Where the location, structure, etc. of a landing field differ from the details stated in the establishment permission;
2. Where the landing field fails to meet the standards under paragraph (3).
CHAPTER III MANAGEMENT AND OPERATION OF AIRPORTS AND AIRFIELDS
 Article 26 (Rights to Manage Airport Facilities)
(1) The Minister of Land, Infrastructure and Transport may establish a right to maintain and manage airport facilities and to collect fees from persons who use or take advantage of such airport facilities (hereinafter referred to as “rights to manage airport facilities”).
(2) A person granted the rights to manage airport facilities under paragraph (1) shall register such rights with the Minister of Land, Infrastructure and Transport as prescribed by Presidential Decree. The same shall apply to the change of registered matters.
(3) Rights to manage airport facilities shall be deemed real rights, and provisions regarding real estate among the Civil Act shall apply mutatis mutandis to the said rights unless there exist special provisions to the contrary in this Act.
 Article 27 (Special Cases for Creating Mortgage Related to Rights to Manage Airport Facilities)
(1) No rights to manage airport facilities on which a mortgage is created shall be disposed of without the consent of the mortgagee.
(2) No mortgage may be created on the rights to manage airport facilities established in major airport facilities prescribed by Presidential Decree, such as runways, among airport facilities on which a mortgage is created under Article 26 (1).
 Article 28 (Alteration of Rights such as Rights, etc. to Manage Airport Facilities)
(1) The limitation on the establishment, change, termination or disposal of rights to manage airport facilities or mortgages for rights to manage airport facilities shall take effect by registering the fact of the establishment, change, termination or disposal of rights to manage airport facilities or mortgages in a register of rights to manage airport facilities which is kept by the Ministry of Land, Infrastructure and Transport.
(2) Matters necessary for the registration of rights, etc. to manage airport facilities under paragraph (1) shall be prescribed by Presidential Decree.
 Article 29 (Rights to Manage Airfield Facilities)
(1) The Minister of Land, Infrastructure and Transport may establish a right to maintain and manage airfield facilities owned by the State and to collect fees from persons who use or take advantage of such airfield facilities (hereinafter referred to as “rights to manage airfield facilities”).
(2) Articles 26 (2) and (3), 27 and 28 shall apply mutatis mutandis to rights to manage airfield facilities. In such cases, “airport facilities” shall be construed as “airfield facilities,” “rights to manage airport facilities” shall be construed as “rights to manage airfield facilities,” and “register of rights to manage airport facilities” shall be construed as “register of rights to manage airfield facilities.”
 Article 30 (Preparation and Provision of Management Register)
(1) A person who manages and operates airport facilities or airfield facilities shall prepare and keep a management register of airport facilities or airfield facilities.
(2) Matters necessary for the preparation and provision of matters to be recorded, etc. in the management register under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 31 (Management Standards of Facilities)
(1) A person who manages and operates airport facilities or airfield facilities shall manages such facilities according to the standards regarding the management, operation and use, etc. of facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, including matters necessary for the management of security and maintenance of facilities (hereinafter referred to as “facility management standards”).
(2) The Minister of Land, Infrastructure and Transport shall conduct an inspection necessary to confirm whether airport facilities or airfield facilities are managed according to the facility management standards as prescribed by Presidential Decree: Provided, That the inspection under this Article may not be conducted against airports referred to in Article 38 (1), which undergo the inspection on the safety operation system referred to in Article 40 (1).
 Article 32 (Collection, etc. of Fees)
(1) A person who manages and operates airport facilities or airfield facilities may collect fees from persons who use or take advantage of airports, airfields or navigation safety facilities as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) Where a person who wishes to receive fees under paragraph (1) intends to determine or change the amount of fees, he/she shall report the determination or change to the Minister of Land, Infrastructure and Transport: Provided, That where the head of local government or persons other than public institutions under Article 4 of the Act on the Management of Public Institutions intends to determine or change fees, he/she shall obtain approval from the Minister of Land, Infrastructure and Transport.
 Article 33 (Pause, Discontinuance and Continuance of Using Airports or Airfields)
(1) A project implementer other than the Minister of Land, Infrastructure and Transport and a person who manages and operates airport facilities or airfield facilities (hereinafter referred to as “project implementers, etc.”) shall obtain approval by the Minister of Land, Infrastructure and Transport in cases of pausing or discontinuing the use of airport facilities: Provided, That this shall not apply to airport facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport such as facilities not directly related to the operation of airports.
(2) Where project implementers, etc. intend to pause or discontinue airfield facilities, he/she shall report it to the Minister of Land, Infrastructure and Transport by no later than 15 days before the due date of such pause or discontinuance: Provided, That this shall not apply to airfield facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport such as facilities not directly related to the operation of airfields.
(3) Where project implementers, etc. intend to continue the use of airport facilities or airfield facilities paused or discontinued, he/she shall obtain approval by the Minister of Land, Infrastructure and Transport as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport shall inspect them according to the facility establishment standards and facility management standards.
(4) The Minister of Land, Infrastructure and Transport shall announce matters regarding the pause, discontinuance or continuance of airport facilities or airfield facilities under paragraphs (1) through (3).
 Article 34 (Limitation, etc. of Obstacles)
(1) No one shall establish, cultivate or neglect buildings or structures (excluding buildings or structures the construction of which begins for acts permitted under the relevant statues as at the time of the announcement or for acts not requiring a permission), plants and other obstacles with height higher than that of the surface of limitation of obstacles under the relevant announcement, after the announcement of the basic plan (including the announcement of the change thereof) under Article 4 (5) or the announcement of the implementation plan (including the announcement of the change thereof) under Article 7 (6): Provided, That this shall not apply to any of the followings:
1. Cases of temporary structures which are permitted to be established or neglected by the head of the related administrative agency in consultation with establishers of airfield as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or the structures which are scheduled to be removed before the due date of the initiation of using such airfield, or other obstacles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;
2. Where the Minister of Land, Infrastructure and Transport decides that the navigation safety of aircraft is not compromised as for the result of aeronautic review according to the standards and methods, etc. of aeronautic review prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, by the resolution of the aeronautic review committee in Article 35.
(2) The Minister of Land, Infrastructure and Transport may order persons who have ownership or other rights of obstacles (including cases where plants grow and emerge above the obstacle limitation) established, cultivated or neglected in violation of paragraph (1) to remove such obstacles.
(3) The Minister of Land, Infrastructure and Transport and project implementers, etc. may request persons who have ownership or other rights of obstacles with height higher than that of the surface of limitation of obstacles to remove such obstacles before the announcement under each subparagraph of paragraph (1). In such cases, the Minister of Land, Infrastructure and Transport and project implementers, etc. shall compensate persons who have ownership or other rights for such obstacles for the loss caused by the removal of obstacles as prescribed by Presidential Decree.
(4) The owner of obstacles or land on which obstacles are established under paragraph (3) may request the purchase of such obstacles or land to the Minister of Land, Infrastructure and Transport or the relevant project implementers, etc., as prescribed by Presidential Decree, where the use of and profit from such obstacles or land became difficult due to the removal of such obstacles.
(5) Where the Minister of Land, Infrastructure and Transport deemed that it is especially necessary for smooth management and operation of the relevant airports or airfields, although as it is impossible to remove such obstacles as the consultation among the relevant parties was not achieved for the compensation for loss under the latter part of paragraph (3), he/she may order the persons who have ownership or other rights to remove such obstacles.
(6) Where the persons who were ordered to remove obstacles under paragraphs (2) and (5) fails to comply with such order, the Minister of Land, Infrastructure and Transport may remove such obstacles as prescribed by the Administrative Vicarious Execution Act.
(7) In cases of removing obstacles under paragraph (5), the Minister of Land, Infrastructure and Transport, project implementers, etc., he/she shall compensate persons who have ownership or other rights to obstacles for the loss caused by the removal of such obstacles. In such cases, the amount of compensation of loss shall be determined upon consultation among the relevant parties, and where the consultation was not achieved or it is impossible to have a consultation, he/she may apply for the ruling by a competent land expropriation committee under Article 51 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects as prescribed by Presidential Decree.
(8) Project implementers, etc. shall manage obstacles as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as conducting regular survey, etc. on the status of obstacles in order to ensure the safe navigation of aircraft.
(9) A person who intends to receive a decision of the Minister of Land, Infrastructure and Transport under paragraph (1) 2 shall undergo an aeronautic review by applying to a specialized agency for it and submit the report on the result of such review according to the procedure prescribed by the Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the expenses incurred in the aeronautic review shall be borne by the person who applies for the aeronautic review.
 Article 35 (Aeronautic Review Committee)
(1) In order to deliberate and decide matters regarding aeronautic review, an aeronautic review committee shall be established (hereinafter referred to as “committee” in this Article) in the Ministry of Land, Infrastructure and Transport.
(2) Where the committee deliberates or decides matters regarding aeronautic review, it shall comply with the standards and methods adopted by the Convention on International Civil Aviation and the annex to the same convention.
(3) The committee shall consist of not more than 10 members including one chairperson, and the majority of members shall be the relevant external experts.
(4) If necessary, the committee shall request the head of administrative agency, the head of public institution under Article 4 of the Act on the Management of Public Institutions, and head of other relevant agency and organization of the cooperation for provision of data, etc. In such cases, the head of the relevant agency or organization shall comply with such request unless there exist any justifiable ground.
(5) Persons other than public officials among members of the committee shall be deemed public officials where Articles 129 through 132 of the Criminal Act are applied.
(6) Other matters necessary for the organization and operation, etc. of the committee shall be prescribed by Presidential Decree.
 Article 36 (Installation, etc. of Aviation Lights)
(1) The Minister of Land, Infrastructure and Transport or project implementers, etc. shall install aviation lights (hereinafter referred to as “lights”) and aviation day beacons (hereinafter referred to as “beacons”) in structures in the area projected from the obstacle limitation surface to the ground vertically, which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That in case of structures established after the announcement of the basic plan or the announcement of the change thereof under Article 4 (5) or the announcement of the implementation plan or the announcement of the change thereof under Article 7 (6), the owner of such structures shall install lights and beacons.
(2) A person who establishes a structure with a height not shorter than 60 meters from the land surface or water surface in an area outside the obstacle limitation surface shall install lights and beacons according to the location and method, etc. of the installation of lights and beacons prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That this shall not apply to structures prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as structures whose height is same as or lower than that of a structure where a light is installed.
(3) Where it is likely that a structure other than those specified in paragraphs (1) and (2) interferes with the navigation safety considerably, the Minister of Land, Infrastructure and Transport shall install lights and beacons in such structure as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(4) No owner or occupant of the structures in paragraphs (1) and (3) shall reject the installation of lights and beacons by the Minister of Land, Infrastructure and Transport or project implementers, etc. In such cases, where the installation of lights and beacons under the main sentence of paragraph (1) or paragraph (3) causes financial loss to the owner or occupant of the relevant structure, the Minister of Land, Infrastructure and Transport or project implementers, etc. shall compensate for such loss as prescribed by Presidential Decree.
(5) A person who owns or manages the structures where lights or beacons are installed under paragraphs (1) through (3) shall maintain such lights and beacons, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(6) The Minister of Land, Infrastructure and Transport shall inspect the maintenance status under paragraph (5) regularly or frequently, and where he/she finds flaws as a result of the inspection such as lighting defect and failure to comply with the facility standards, he/she may order a correction thereof.
(7) The Minister of Land, Infrastructure and Transport may fully or partially commission the authority of inspection or order to correction under paragraph (6) to the relevant specialized agency such as public institutions under the Act on the Management of Public Institutions.
 Article 37 (Limit on Lighting Similar to Aviation Lighting)
(1) No one shall install a lighting which hinders the recognition of aviation lighting or which is likely to be misrecognized as an aviation lighting (hereinafter referred to as “similar light”).
(2) Where a similar lighting is already installed at the time of the installation of aviation light, the Minister of Land, Infrastructure and Transport may order the owner or manager of the similar lighting to cover such similar lighting or turn it off to ensure that it does not hinder the recognition of aviation lighting or it is not likely to be misrecognized as an aviation lighting. In such cases, the expenses necessary for such measure shall be borne by the installer of such aviation lighting.
 Article 38 (Certification of Airport Operation, etc.)
(1) An airport operator who intends to operate an airport prescribed by Presidential Decree, such as an airport in which international airlines are operated, shall prepare a system to operate an airport safely and obtain certification from the Minister of Land, Infrastructure and Transport (hereinafter referred to as “airport operation certification”) as prescribed by the Minister of Land, Infrastructure and Transport.
(2) Where the Minister of Land, Infrastructure and Transport grants the airport operation certification, he/she may grant the certification by setting different levels of airport operation certification as prescribed by Presidential Decree, considering the purpose of using airports, the number of operation of aircraft, etc.
(3) Where a person who was granted the airport operation certification intends to change the details of airport operation certification such as the level of airport operation certification of the relevant airport, he/she shall obtain authorization to change airport operation certification from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(4) The Minister of Land, Infrastructure and Transport shall determine and announce the technology standards regarding the manpower, facilities, equipment and operation procedures, etc. necessary for the safe operation system of airports (hereinafter referred to as “standards of safe operation of airports”).
 Article 39 (Airport Operation Regulations)
(1) An airport operator who intends to obtain the airport operation certification shall establish the operation regulation (hereinafter referred to as “airport operation regulations”) of the airport which he/she intends to operate according to the standards of safe operation of airports and obtain the authorization of the Minister of Land, Infrastructure and Transport, and this shall also apply to the cases of changing them.
(2) Notwithstanding paragraph (1), where an airport operator intends to change minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport such as detailed operation regulations of the airport operator, he/she shall report such change to the Minister of Land, Infrastructure and Transport.
(3) Where the airport operation regulations are changed or the Minister of Land, Infrastructure and Transport orders to change the airport operation regulations for the safety of the airport or prevention of danger, etc., an airport operator who obtains the airport operation certification shall change the airport operation regulations as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 40 (Inspection, etc. of Airport Operation)
(1) An airport operator who obtains the airport operation certification shall maintain a safe operation system of airports according to the standards of safe operation of airports and the airport operation regulations, and the Minister of Land, Infrastructure and Transport shall inspect the observance of them regularly or frequently.
(2) Where an airport operator operates the airport in violation of the standards of safe operation of airports and the airport operation regulations as a result of the inspection under paragraph (1), he/she may order the corrective measures as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 41 (Cancellation, etc. of Airport Operation Certification)
(1) Where an airport operator who obtains the airport operation certification falls under any of the followings, the Minister of Land, Infrastructure and Transport may cancel the airport operation certification or order the suspension of the airport operation or other necessary complementary measures for a prescribed period not exceeding six months: Provided, That he/she shall cancel the airport operation certification in cases of subparagraph 1:
1. Where an airport operator obtains the airport operation certification a by fraud or other improper means;
2. Where an airport operator falls under any of the followings, in violation of Article 58 (2) of the Aviation Safety Act:
(a) Where he/she fails to prepare an aviation safety management system before starting a business;
(b) Where he/she operates an aviation safety management system without approval;
(c) Where he/she operates an aviation safety management system in a manner different from the details approved;
(d) Where he/she changes major matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as a safety goal, safety organization and a reporting system of safety obstruction, without approval.
3. Where an airport operator fails to implement the corrective measures referred to in Article 40 (2);
4. Where an airport operator violates the standards of safe operation of airports without any justifiable ground, such as natural disasters and compromised airport safety.
5. Where aircraft accidents are caused either by design or gross negligence, or where aircraft accidents are caused by airport workers being negligent in due diligence of managing and supervising.
(2) Matters necessary for the standards and procedures, etc. of the disposition under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 42 (Succession of Positions of Project Operators, etc.)
Any person who intends to succeed the position of an operator of airfield development project (including a person who manages and operates airfield facilities), other than the Minister of Land, Infrastructure and Transport, shall report the succession of the position to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
CHAPTER IV NAVIGATION SAFETY FACILITIES
 Article 43 (Establishment of Navigation Safety Facilities)
(1) Navigation safety facilities (referring to navigation safety facilities other than those established under the development project referred to in Article 6; hereinafter the same shall apply in this Article through Article 46) shall be established by the Minister of Land, Infrastructure and Transport.
(2) Any person who intends to establish navigation facilities other than the Minister of Land, Infrastructure and Transport shall obtain a permission of the Minister of Land, Infrastructure and Transport as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, where the Minister of Land, Infrastructure and Transport grants the permission for establishment of navigation safety facilities, he/she may add the condition of reverting relevant facilities to the State or the condition necessary for the establishment and operation, etc., of such facilities.
(3) Article 22 shall apply mutatis mutandis to the use of and profit from the navigation safety facilities reverted to the State under paragraph (2).
(4) Matters necessary for the establishment of navigation safety facilities such as the standards of establishing navigation facilities, standards for permission, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 44 (Establishment of and Approval for, etc. Implementation Plan of Establishing Navigation Safety Facilities)
(1) Any person who intends to establish navigation facilities under Article 43 (1) and (2) (hereinafter referred to as “establisher of navigation safety facilities”) shall formulate an implementation plan before he/she begins the establishment of navigation safety facilities as prescribed by Presidential Decree.
(2) The implementation plan referred to in paragraph (1) shall include the following:
1. Design documents necessary for the implementation of projects;
2. Financing plan;
3. Period of implementation;
4. Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(3) Where an establisher of navigation safety facilities referred to in Article 43 (2) formulates the implementation plan, he/she shall obtain approval form the Minister of Land, Infrastructure and Transport. The same shall apply to cases of changing the approved matters.
(4) Notwithstanding the latter part of paragraph (3), an establisher of navigation safety facilities referred to in Article 43 (2) may report the change of minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, including a change of facilities which does not accompany the change of structure and not affect safety at the same time when he/she applies for inspection of completion under Article 45.
(5) Where the Minister of Land, Infrastructure and Transport formulates the implementation plan under paragraph (1) or approves the implementation plan under paragraph (3), he/she shall announce the matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport such as the name, type and location, etc. of such navigation facilities.
 Article 45 (Inspection of Completion of Navigation Safety Facilities)
(1) An establisher of navigation safety facilities in Article 43 (2), where the construction of the relevant facilities is completed, shall undergo the inspection of completion by the Minister of Land, Infrastructure and Transport before the initiation of the use thereof, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) An establisher of navigation safety facilities in Article 43 (2) shall undergo the flight inspection referred to in Article 48 before the application for the inspection of completion is filed under paragraph (1).
(3) Where the Minister of Land, Infrastructure and Transport deems that the navigation facilities which are to undergo the inspection of completion under paragraph (1) were implemented according to the details of approval under Article 44 (3), he/she shall issue the certificate of inspection of completion to the applicant.
(4) Where the construction of the establishment navigation safety facilities is completed or the Minister of Land, Infrastructure and Transport issues the certificate of the inspection of completion under paragraph (3), he/she shall designate and announce the matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as the name, type, location and the due date of the initiation of using navigation safety facilities, operation time and operation frequency and limited matters for using navigation safety facilities.
(5) No navigation safety facilities established after obtaining approval for the establishment of navigation facilities shall be used before the issuance of the certificate of the completion of inspection under paragraph (3): Provided, That this shall not apply to the cases of obtaining the approval of use from the Minister of Land, Infrastructure and Transport before the certificate of inspection is issued, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 46 (Change of Navigation Safety Facilities)
(1) Where an establisher of navigation safety facilities in Article 43 (2) and a person who manages and operates such facilities intends to change the matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport for the relevant facilities, he/she shall obtain a permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) A person who obtains a permission for change under paragraph (1) shall undergo the inspection of completion under Article 45 (1) where the change of navigation safety facilities is completed. Article 45 (2) through (4) shall apply mutatis mutandis to such cases.
 Article 47 (Management of Navigation Safety Facilities)
(1) A person who establishes navigation safety facilities by the development project referred to in Article 6, a person who manages such facilities, a person who establishes navigation safety facilities referred to in Article 43 (1) and (2) and a person who manages such facilities (hereinafter referred to as “establisher, etc. of navigation safety facilities”) shall manage such facilities according to the standards of management, operation and use of navigation safety facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as “management standards of navigation safety facilities”).
(2) The Minister of Land, Infrastructure and Transport shall conduct the inspection necessary to confirm whether navigation safety facilities are managed according to the management standards of navigation safety facilities as prescribed by Ordinance of Presidential Decree.
(3) The method, procedure, etc. of inspection under paragraph (2) shall be determined and announced by the Minister of Land, Infrastructure and Transport.
(4) Except as otherwise provided for in this Act, matters necessary for the management, operation and use, etc. of navigation safety facilities shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 48 (Flight Inspection of Navigation Safety Facilities)
(1) An establisher, etc. of navigation safety facilities shall undergo the inspection on function, etc. of navigation safety facilities conducted by using aircraft loaded with equipment which can analyze the function of navigation safety facilities by the Minister of Land, Infrastructure and Transport (hereinafter referred to as “flight inspection”).
(2) Matters necessary for the type of, facilities subject to, procedure and method, etc. of flight inspection shall be determined and prescribed by the Minister of Land, Infrastructure and Transport.
 Article 49 (Pause, Discontinuance or Continuance of Using Navigation Safety Facilities)
(1) Where an establisher, etc. of navigation safety facilities other than the Minister of Land, Infrastructure and Transport intends to pause or discontinue the use of navigation safety facilities, he/she shall obtain an approval of the Minister of Land, Infrastructure and Transport: Provided, That this shall not apply to the facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport such as facilities not affecting the navigation or flight safety.
(2) Where an establisher, etc. of navigation safety facilities other than the Minister of Land, Infrastructure and Transport intends to begin to use navigation safety facilities that are currently not in use or discontinued, he/she shall obtain approval of the Minister of Land, Infrastructure and Transport by no later than 15 days before the date of reinstatement of use after passing the flight inspection. In such cases, the Minister of Land, Infrastructure and Transport shall inspect the facilities according to the management standards of navigation safety facilities.
(3) The Minister of Land, Infrastructure and Transport shall announce matters regarding the suspension, discontinuance or continuance of navigation safety facilities referred to in paragraphs (1) and (2).
 Article 50 (Fees for Navigation Safety Facilities)
(1) An establisher, etc. of navigation safety facilities may collect fees (hereinafter referred to as “fees for navigation safety facilities”) from persons who use or take advantage of navigation safety facilities as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) Where an establisher, etc. of navigation safety facilities other than the Minister of Land, Infrastructure and Transport intends to collect fees for navigation safety facilities under paragraph (1), he/she shall determine the amount of the fees and report it to the Minister of Land, Infrastructure and Transport. The same shall apply to where he/she changes the fees.
(3) The collection procedure, collection method, and collection rate, etc. of fees for navigation safety facilities shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 51 (Succession of Positions of Establisher, etc. of Navigation Safety Facilities)
Any person who intends to succeed the position of an establisher, etc. of navigation safety facilities, other than the Minister of Land, Infrastructure and Transport, shall report the succession of the position to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 52 (Certification of Performance Suitability of Navigation Safety Facilities)
(1) A person who manufactures or imports navigation safety wireless facilities or air information and communication facilities may obtain certification from the Minister of Land, Infrastructure and Transport which verifies that such facilities are manufactured to meet technology standards on navigation safety facilities determined and announced by the Minister of Land, Infrastructure and Transport (hereinafter referred to as “performance suitability certification”).
(2) Where the Minister of Land, Infrastructure and Transport conducts an inspection for the performance suitability certification, he/she may designate a specialized inspection agency to conduct the affairs regarding aviation and allow such agency to conduct the inspection affairs by proxy as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 53 (Affairs of Air Communication, etc.)
(1) The Minister of Land, Infrastructure and Transport shall conduct the affairs regarding air communication (hereinafter referred to as “air communication affairs”) to ensure that air traffic affairs are implemented efficiently and the information and data necessary for navigation safety is provided, exchanged and managed conveniently and swiftly through air communication network.
(2) Matters necessary for the type and operation procedure, etc. of air communication affairs shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 54 (Provisions Applicable Mutatis Mutandis to Establishment of Navigation Safety Facilities)
(1) Articles 43 (4), 44 (5), 45 and 46 shall apply mutatis mutandis to navigation safety facilities established by the development project under Article 6. In such cases, “establishers of navigation safety facilities” shall be construed as “project implementers.”
(2) Articles 8 and 11 through 13 shall apply mutatis mutandis to the establishment of navigation safety facilities under Article 43. In such cases, “implementation plan under Article 7” shall be construed as “implementation plan under Article 44” and “project implementers” shall be construed as “establishers of navigation safety facilities.”
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 55 (Access, Inspection, etc.)
(1) If necessary for the implementation of this Act, the Minister of Land, Infrastructure and Transport may require project implementers, etc., or establishers of navigation safety facilities to file the necessary report or submit materials regarding the relevant affairs and require that public officials affiliated therewith access offices or other places to inspect the relevant affairs.
(2) Public officials conducting an inspection under paragraph (1) shall carry a certificate that indicates his/her authority for the inspection and present it to related parties.
(3) Matters necessary for the certificate under paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 56 (Prohibited Acts)
(1) No one shall access the area where landing zones, taxiways, moorings, hangers or navigation safety facilities are established without permission from the Minister of Land, Infrastructure and Transport, project implementers, etc., or establishers of navigation safety facilities.
(2) No one shall destroy runways, taxiways or other airport facilities, airfield facilities or navigation safety facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, or conduct acts which are likely to interfere with their functions.
(3) No one shall throw objects to aircraft, light aircraft or ultra-light aircraft or conduct other acts which are likely to interfere with navigation.
(4) No one shall establish or operate facilities with functions similar to those of navigation safety facilities for the purpose of supporting navigation of aircraft.
(5) In order to prevent collision between aircraft and flocks of birds, no one shall create the environment or establish facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport such as a disposal center which has a possibility of attracting birds to nearby an airport, within the scope prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport such as areas nearby airports or airfields in the direction of taking off or landing by aircraft.
(6) No one shall conduct any of the following acts without permission of the Minister of Land, Infrastructure and Transport, project implementers, etc., establishers of navigation safety facilities or persons who establishes or manages a landing field, in the relevant facilities:
1. Conducting business;
2. Occupying facilities illegally;
3. Enforcing purchase of goods or services or inviting guests for a business purpose;
4. Other acts prescribed by Presidential Decree, which are similar to acts under subparagraphs 1 through 3 and disrupt the use or operation of the relevant facilities significantly.
(7) The Minister of Land, Infrastructure and Transport, project implementers, etc., establishers of navigation safety facilities or persons who establishes or manages a landing field may order the restraint of acts by persons who violate paragraph (6) or the eviction of them.
 Article 57 (Correction Order, etc.)
In any of the following cases, the Minister of Land, Infrastructure and Transport may order project implementers, etc. or establishers, etc. of navigation safety facilities other than the Minister of Land, Infrastructure and Transport to take proper measures or to manage the relevant facilities according to the facility management standards or standards of navigation safety facilities. In such cases, where a person who was ordered to take action fails to take proper measures within a reasonable period prescribed by the Minister of Land, Infrastructure and Transport, the Minister of Land, Infrastructure and Transport may cancel the relevant permission:
1. Where the person fails to begin the construction within one year from the due date of beginning of the construction stated in the application for the approval of implementation plan or fails to complete the construction by the due date of completion of the construction without any justifiable grounds;
2. Where the facilities, the construction of which is completed deviate from the details of the approval of the implementation plan as revealed during the confirmation of the completion of the construction under Article 20 (1) or the inspection for the completion under Article 45 (1);
3. Where airport facilities, airfield facilities, or navigation safety facilities are not managed according to the facility management standards or standards of navigation safety facilities;
4. Where the person violates the conditions attached to the permission.
 Article 58 (Cancellation, etc. of Permission, etc.)
(1) Where project implementers or establishers of navigation safety facilities fall under any of the following, the Minister of Land, Infrastructure and Transport may cancel the permission or approval regarding the implementation and management of the relevant project or take necessary measures such as an order to suspend the effect thereof or to cease the construction: Provided, That he/she shall cancel the permission or approval regarding the implementation and management of such project in cases of subparagraph 1 or 4:
1. Where project implementers or establishers of navigation safety facilities obtain permission by fraud or other improper means;
2. Where project implementers or establishers of navigation safety facilities other than the Minister of Land, Infrastructure and Transport formulate the implementation plan without approval or changes the approved matters, in violation of Article 7 (3) or 44 (3);
3. Where project implementers or establishers of navigation safety facilities violate the implementation plan which obtained the approval or approval for change under Article 7 (3) or 44 (3);
4. Where it is deemed impossible to implement the development project or the establishment of navigation safety facilities due to change of circumstances.
(2) Where the Minister of Land, Infrastructure and Transport issues the disposition or an order under paragraph (1), he/she shall announce such fact as prescribed by Presidential Decree.
(3) The detailed standards of the disposition under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 59 (Imposition of Penalty Surcharges)
(1) Where the Minister of Land, Infrastructure and Transport shall issue an order to suspend the airport operation to airport operators, project implementers or establishers of navigation safety facilities by falling under any of each subparagraph of Article 41 (1), to suspend the effect of the permission or approval of the implementation and management of projects or suspension of construction under Article 58 and if it is likely that such disposition may cause serious inconvenience to users of the relevant facilities or that other public interests are violated, he/she may impose and collect penalty surcharges not more than one billion won.
(2) Matters necessary for the types of violation to which penalty surcharges are imposed under paragraph (1) and the amount of such penalty surcharges according to the degree of violation shall be prescribed by Presidential Decree.
(3) Where a person imposed with penalty surcharges under paragraph (1) fails to pay the penalty surcharges by the payment due date, the Minister of Land, Infrastructure and Transport shall collect it in the same manner as delinquent national taxes are collected.
 Article 60 (Fees)
(1) Any person who intends to obtain permission, certificate or inspection under this Act shall pay fees prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
(2) Where a field trip is necessary for permission, certificate or inspection under this Act, traveling expenses for such trip shall be paid by the applicant. In such cases, the standards of traveling expenses shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 61 (Delegation of Authority)
The Minister of Land, Infrastructure and Transport may partially delegate the authorities under this Act to the head of the agency belonging to the Ministry of Land, Infrastructure and Transport, Mayor/Do governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
 Article 62 (Hearings)
The Minister of Land, Infrastructure and Transport shall conduct a hearing before issuing any of the following dispositions:
1. Cancellation of the permission referred to in Article 25 (4) or 57;
2. Cancellation of the permission or approval referred to in Article 25 (5) or 58 (1);
3. Cancellation of the airport operation certificate or suspension of the operation of airport referred to in Article 41 (1).
 Article 63 (Review of Regulations)
The Minister of Land, Infrastructure and Transport shall review the validity of the matters regarding the limit on the establishment of similar lighting under Article 37 (1) on a triennial basis (referring to a period until the anniversary date of the base date of the year which becomes every three years) based on January 1, 2016, and take measures, such as cancellation, relaxation or maintenance of such lighting, etc.
CHAPTER VI PENAL PROVISIONS
 Article 64 (Crimes regarding Airport Operation Certificate)
A person who operates an airport without obtaining the airport operation certificate shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won.
 Article 65 (Crimes of Illegal Use, etc. of Facilities Resulting from Development Project)
Any of the following persons shall be punished by a fine not exceeding 20 million won:
1. A person who establishes facilities without obtaining a permission in violation of Article 6 (2) or 43 (2);
2. A person who uses facilities in violation of Articles 20 (7) or 45 (5) (including the cases as applicable mutatis mutandis under Article 54 (1));
3. A person who violates Article 34 (1);
4. A person who violates Article 56 (1) through (4);
5. A person who uses facilities for which the permission was cancelled under Article 57.
 Article 66 (Crimes of Violation of Order, etc.)
Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won:
1. A person who conducts acts such as the construction of buildings without obtaining a permission or permission of change for matters which require a permission or permission of change under Article 10 (1) or who obtains a permission by fraud or other improper means;
2. A person who interferes with or refuses the acts referred to in Article 11 (1) (including the cases as applicable mutatis mutandis under Article 54 (2)) without any just grounds;
3. A person who violates the order referred to in Article 25 (6);
4. A person who violates the order or disposition of the Minister of Land, Infrastructure and Transport under Articles 57 and 58 (1) without any justifiable grounds.
 Article 67 (Crimes of Business Interference)
Any of the following persons shall be punished by a fine not exceeding 5 million won:
1. A person who refuses, interferes with or avoids the inspection under Articles 31 (2), 40 (1), 47 (2) and 48 (1);
2. A person who refuses or interferes with the inspection or access under Article 55 (1) or one who makes a false report of the inspection and a person who evades it.
 Article 68 (Joint Penalty Provisions)
If the representative of a corporation, or an agent, employee, or any other servants employed by a corporation or an individual commits an offense under Articles 65 through 67 in connection with the business affairs of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be punished as well by a fine under the relevant provisions: Provided, That such punishment shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense.
 Article 69 (Fines for Negligence)
(1) Any of the following persons shall be punished by a fine for negligence not exceeding five million won:
1. A person who fails to report or obtain an approval of fees under Article 32 (2) or 50 (2) or who receives fees different from the fees reported or approved;
2. A person who fails to install or manage lights and beacons under Article 36 (1), (2) and (5);
3. An airport operator who changes airport operation regulations without obtaining a permission, in violation of Article 39 (1);
4. An airport operator who fails to change airport operation regulations, in violation of Article 39 (3);
5. An airport operator who fails to maintain the safe operation system of airport continuously according to the standards of safe operation of airports and airport operation regulations, in violation of Article 40 (1);
6. A person who fails to comply with the order under Article 56 (7).
(2) Any of the following persons shall be punished by a fine for negligence not exceeding two million won:
1. A person who violates the order under Article 37 (2);
2. An airport operator who changes airport operation regulations without reporting, in violation of Article 39 (2).
(3) A fine for negligence under paragraph (1) or (2) shall be imposed and collected by the Minister of Land, Infrastructure and Transport as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Abolition of Other Acts)
Article 3 (Applicability concerning Consultation on Implementation Plan)
Article 8 (3) shall begin to apply from the cases where the Minister of Land, Infrastructure and Transport requests a consultation on the implementation plan under paragraph (2) of the same Article to the head of the relevant administrative agencies after this Act enters into force.
Article 4 (General Transitional Measures concerning Disposition, etc. under the Former Aviation Act and the Former Act on the Promotion of a New Airport for Seoul Metropolitan Area Construction)
Acts by administrative agencies or acts against administrative agencies under the Former Aviation Act and the Former Act on the Promotion of a New Airport for Seoul Metropolitan Area Construction as at the time this Act enters into force shall be deemed acts by administrative agencies or acts against administrative agencies under this Act where the relevant provisions exist in this Act.
Article 5 (Transitional Measures concerning Comprehensive Plan, etc.)
(1) The comprehensive plan formulated under Article 89 (1) of the former Aviation Act as at the time this Act enters into force shall be deemed to have formulated under Article 3.
(2) The basic plan formulated under Article 89 (2) of the former Aviation Act or the basic plan formulated under Article 4 of the former Act on the Promotion of a New Airport for Seoul Metropolitan Area Construction as at the time this Act enters into force shall be deemed to have formulated under Article 4.
Article 6 (Transitional Measures concerning Prearranged Airport Development Area, etc.)
Prearranged new airport construction areas under Article 89 (2) of the former Aviation Act and areas designated and announced as prearranged new airport construction areas under Article 4-3 of the former Act on the Promotion of a New Airport for Seoul Metropolitan Area Construction as at the time this Act enters into force shall be deemed prearranged airport and airfield development areas designated and announced under Article 4.
Article 7 (Transitional Measures concerning Deliberative Committee on New Airport Construction)
(1) The deliberative committee on new airport construction organized under Article 7-3 of the former Act on the Promotion of a New Airport for Seoul Metropolitan Area Construction as at the time this Act enters into force shall be deemed the technology deliberative committee organized under Article 5.
(2) Members named or appointed under Article 7-3 (3) of the former Act on the Promotion of a New Airport for Seoul Metropolitan Area Construction as at the time this Act enters into force shall be deemed to have named or appointed as members of the technology deliberative committee under Article 5 (2).
Article 8 (Transitional Measures concerning Permission for Establishing Airfield or Navigation Safety Facilities)
Persons who obtained a permission for establishing airfield or navigation safety facilities under Article 75 (2) of the former Aviation Act at the time this Act enters into force shall be deemed to have obtained a permission for the development project under Article 6 (2), an approval of the implementation plan under Article 7 (3), a permission for navigation safety facilities under Article 43 (2) and an approval of the implementation plan under Article 44 (3).
Article 9 (Transitional Measures concerning Implementers, etc. of Airport Development Project)
(1) Persons who obtained a permission for implementing airport development project under Article 94 (2) of the former Aviation Act as at the time this Act enters into force shall be deemed to have obtained a permission for implementing airport development project under Article 6 (2).
(2) Implementation plans announced under Article 95 (5) of the former Aviation act and implementation plans announced under Article 7 (3) of the former Act on the Promotion of a New Airport for Seoul Metropolitan Area Construction as at the time this Act enters into force shall be deemed implementation plans announced under Article 7 (6).
Article 10 (Transitional Measures concerning Establishment and Management, etc. of Landing Field)
Landing fields permitted under Article 75-2 (1) of the former Aviation Act or Article 5 of the Addenda to the partial amendment (Act No. 12256) to the Aviation Act as at the time this Act enters into force shall be deemed to have permitted under Article 25 (1).
Article 11 (Transitional Measures concerning Rights, etc. to Manage Airport Facilities)
(1) Rights to manage airport facilities established under Article 105 (2) of the former Aviation Act as at the time this Act enters into force shall be deemed to have been established under Article 26 (1).
(2) Registers of rights to manage airport facilities prepared in the Ministry of Land, Infrastructure and Transport under Article 105-5 (1) of the former Aviation Act as at the time this Act enters into force shall be deemed registers of rights to manage airport facilities under Article 28 (1).
Article 12 (Transitional Measures concerning Fees)
Fees reported or approved under Article 86 (3) and 107 (2) of the former Aviation Act as at the time this Act enters into force shall be deemed to have reported or approved under Article 32 (2) or 50 (2).
Article 13 (Transitional Measures concerning Certificate of Airport Operation)
(1) The certificate of airport operation obtained under Article 111-2 of the former Aviation Act as at the time this Act enters into force shall be deem to have been obtained under Article 38.
(2) Airport operation regulations which obtained an authorization or reported under Article 111-3 of the former Aviation Act as at the time this Act enters into force shall be deemed airport operation regulations which obtained an authorization or reported under Article 39.
Article 14 (Transitional Measures concerning Performance Suitability Certification of Navigation Safety Facilities)
The performance suitability certification of navigation safety facilities obtained under Article 80-2 of the former Aviation Act as at the time this Act enters into force shall be deemed to have been obtained under Article 52 (1).
Article 15 (Transitional Measures concerning Administrative Disposition and Penalty Surcharges)
(1) The former Aviation Act or the former Act on the Promotion of a New Airport for Seoul Metropolitan Area Construction shall apply to the administrative disposition against violations before this Act enters into force.
(2) The former Aviation Act shall apply to the imposition and collection of penalty surcharges against acts before this Act enters into force.
Article 16 (Transitional Measures concerning Fines and Fines for Negligence)
The former Aviation Act or the former Act on the Promotion of a New Airport for Seoul Metropolitan Area Construction shall apply to the application of fines and fines for negligence against acts before this Act enters into force.
Article 17 Omitted.
Article 18 (Relationship to other Statutes)
Any citation of the former Aviation Act or Act on the Promotion of a New Airport for Seoul Metropolitan Area Construction or any provision thereof, in any statute in force as at the time this Act enters into force, shall be deemed a citation of the relevant provision of this Act, in lieu of the former Aviation Act or Act on the Promotion of a New Airport for Seoul Metropolitan Area Construction, or any provision thereof, if such relevant provisions exist herein.
ADDENDA <Act No. 14342, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.