Law Viewer

Back Home

AEROSPACE INDUSTRY DEVELOPMENT PROMOTION ACT

Act No. 3991, Dec. 4, 1987

Amended by Act No. 4435, Dec. 14, 1991

Act No. 4541, Mar. 6, 1993

Act No. 5454, Dec. 13, 1997

Act No. 5733, Jan. 29, 1999

Act No. 5774, Feb. 5, 1999

Act No. 6329, Dec. 30, 2000

Act No. 7219, Sep. 23, 2004

Act No. 7239, Oct. 22, 2004

Act No. 7949, Apr. 28, 2006

Act No. 8402, Apr. 27, 2007

Act No. 8772, Dec. 21, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9251, Dec. 26, 2008

Act No. 9589, Apr. 1, 2009

Act No. 11690, Mar. 23, 2013

Act No. 11746, Apr. 5, 2013

Act No. 12315, Jan. 21, 2014

Act No. 13097, Jan. 28, 2015

Act No. 14115, Mar. 29, 2016

Act No. 14116, Mar. 29, 2016

Act No. 14839, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Act is to contribute to the sound development of the national economy and the improvement of people's lives life by supporting and promoting rationally the aerospace industry, and researching and developing efficiently aerospace science and technology.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 4541, Mar. 6, 1993; Act No. 5454, Dec. 13, 1997; Act No. 5774, Feb. 5, 1999; Act No. 8402, Apr. 27, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14115, Mar. 29, 2016; Act No. 14116, Mar. 29, 2016>
1. The term "aerospace industry" means business of producing aircraft, spacecraft, related accessory apparatus or related materials (including manufacturing, processing, assembling, overhauling, modifying or repairing them, but excluding such work as conducted by an operator for flight, such as maintenance, repair, modification, etc. of aircraft under subparagraph 1 of Article 2 of the Aviation Safety Act; hereinafter the same shall apply), and application services using aircraft and spacecraft as prescribed by Ordinance of the Ministry of Trade, Industry and Energy (excluding air transportation business and aircraft-using business under the Aviation Business Act);
1-2. The term "business entity engaged in the aerospace industry" means any person who makes a profession of producing aircraft, spacecraft, related accessory apparatus or related materials;
2. The term "aircraft" means aircraft, rotorcraft, glider and airship usable for flight, and other vehicles usable for flight, prescribed by Presidential Decree;
3. The term "spacecraft" means a space launcher, aviation spaceship, artificial satellite, manned or unmanned spaceship to fly in and outside the atmosphere of the earth and other vehicles usable for space flight prescribed by Presidential Decree;
4. The term "related accessory apparatus" (hereinafter referred to as "apparatus") means components of aircraft or spacecraft;
5. The term "related materials" (hereinafter referred to as "materials") means materials to be used for production of aircraft or spacecraft;
6. The term "aerospace science and technology" means the science and technology related to the aerospace industry or the flight in and outside the atmosphere of the earth or the applied science and technology utilizing aircraft and spacecraft.
 Article 3 (Establishment of Master Plan for Aerospace Industry Development)
(1) In order to develop the aerospace industry, the Government shall establish the master plan for the aerospace industry development (hereinafter referred to as "master plan") including the following matters: <Amended by Act No. 8402, Apr. 27, 2007; Act No. 11746, Apr. 5, 2013>
1. Matters concerning goals and direction for the development of the aerospace industry;
2. Matters concerning implementation structures and strategies for the development of the aerospace industry;
3. Matters concerning implementation plans for the development of the aerospace industry;
4. Matters concerning a comprehensive research system for research and development of aerospace science and technologies and research and development budgets;
5. Matters concerning fund raising necessary for the development of the aerospace industry and investment plans;
6. Matters concerning fostering of professional human resources necessary for the development of the aerospace industry;
7. Matters concerning international cooperation to revitalize the development of the aerospace industry;
8. Matters concerning a specialized complex for the aerospace industry;
9. Other matters prescribed by Presidential Decree, necessary for the development of the aerospace industry.
(2) The Government shall establish and execute each year the operational program in accordance with the master plan established under paragraph (1).
 Article 4 (Fosterage of Aerospace Industry)
(1) The Government shall adopt policy measures necessary to perform the following projects for the purpose of fostering the aerospace industry: <Amended by Act No. 8402, Apr. 27, 2007; Act No. 11746, Apr. 5, 2013>
1. Projects for the development of passenger aircraft, cargo aircraft, and unmanned aircraft;
2. Projects for the development of utility rotorcraft and attack rotorcraft;
3. Projects for the development of spacecraft;
4. Projects for the development of technologies available for apparatus and materials;
5. Projects for the development of equipment and training of specialized personnel necessary to test the performance and quality of aircraft, spacecraft, apparatus and materials;
6. Projects for the advancement of test and assesment technology for aircraft, spacecraft, apparatus and materials;
7. Other projects prescribed by Presidential Decree to develop the aerospace industry.
(2) The Government may have any of the following persons perform the projects as referred to in paragraph (1): <Amended by Act No. 7949, Apr. 28, 2006>
1. National or public research institutes;
3. Universities, colleges, industrial colleges, junior colleges, or technical colleges under Article 2 of the Higher Education Act;
4. Specialized industrial technology institutes under Article 42 of the Industrial Technology Innovation Promotion Act;
5. Institutions, organizations, or business entities in relation to the aerospace industry and related technologies, prescribed by Presidential Decree.
(3) The Government may contribute to fully or partially cover expenses required for the projects to foster the aerospace industry under paragraph (1) for persons who carry out the projects.
(4) Necessary matters concerning the payment, use, management, etc. of contributions under paragraph (3) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 7239, Oct. 22, 2004]
 Articles 5 through 8 Deleted. <by Act No. 13097, Jan. 28, 2015>
 Article 8-2 (Designation of and Support for Specialized Complex for Aerospace Industry)
(1) The Minister of Trade, Industry and Energy may, if necessary, designate the area in which enterprises related to the aerospace industry, supporting facilities for the industry, etc. are collectively located or intend to be located as a specialized complex for the aerospace industry (hereinafter referred to as “specialized complex) or may support such area, in order to foster the aerospace industry.
(2) The State may financially support a local government having jurisdiction over the area in which a specialized complex is located.
(3) Detailed matters concerning the requirements for designation of specialized complex and the support for such complex shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11746, Apr. 5, 2013]
 Article 9 Deleted. <by Act No. 5774, Feb. 5, 1999>
 Article 10 (Performance and Quality Inspection)
(1) When a business entity engaged in the aerospace industry produces spacecraft, apparatus or materials, he/she shall be subject to a performance and quality inspection directed by the Minister of Trade, Industry and Energy: Provided, That the items produced for export and specifically designated by the Minister of Trade, Industry and Energy may be fully or partially exempted from performance and quality inspections. <Amended by Act No. 4541, Mar. 6, 1993; Act No. 5454, Dec. 13, 1997; Act No. 5774, Feb. 5, 1999; Act No. 8402, Apr. 27, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Where any of the following persons makes an application, the Minister of Trade, Industry and Energy may designate such person as a specialized inspection institution and have it conduct performance and quality inspections under paragraph (1): <Amended by Act No. 8772, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. The Korea Aerospace Research Institute or research institutes conducting inspection affairs of aircraft, spacecraft, apparatus or materials, from among research institutes under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc.;
2. Inspection institutions designated or approved by the Government under other Acts.
(3) Where a business entity engaged in the aerospace industry satisfying the requirements determined by Ordinance of the Ministry of Trade, Industry and Energy makes an application, the Minister of Trade, Industry and Energy may designate him/her as a self-inspection enterprise and have him/her conduct performance and quality inspections under paragraph (1) for inspection items specifically determined by the Minister of Trade, Industry and Energy, from among his/her own products. <Amended by Act No. 8772, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) The Minister of Trade, Industry and Energy shall issue an inspection certificate to the aircraft, spacecraft, apparatus or materials which have passed performance and quality inspections under paragraphs (1) through (3). <Newly Inserted by Act No. 8772, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(5) Matter necessary for the object, facilities, methods of and procedures for the performance and quality inspections, scope and period of exemption, procedures for applying for designation as specialized inspection institutions and self-inspection enterprises, issuance of inspection certificates, etc. under paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Newly Inserted by Act No. 8772, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 11 (Restrictions, etc. on Use)
(1) Any aircraft, spacecraft, apparatus or materials not inspected under Article 10 shall not be used, except for testing.
(2) If it is deemed necessary to use aircraft, spacecraft, apparatus or materials for the purpose of a test flight, etc., the head of the relevant administrative agency shall request the Minister of Land, Infrastructure and Transport to permit such test flight, etc. In such cases, the Minister of Land, Infrastructure and Transport shall issue a special airworthiness certificate pursuant to Article 23 (3) 2 of the Aviation Safety Act, unless there is a compelling reason not to do so. <Amended by Act No. 4435, Dec. 14, 1991; Act No. 5454, Dec. 13, 1997; Act No. 5774, Feb. 5, 1999; Act No. 8402, Apr. 27, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14116, Mar. 29, 2016>
 Article 12 (Financial Support)
The Government may provide support, such as long-term low-interest funds and research and development funds, for the purpose of fostering the aerospace industry, researching and developing the aerospace science and technology, and holding and managing the aerospace science and technology-related exhibitions. <Amended by Act No. 7239, Oct. 22, 2004>
 Article 13 (Lending, etc. of State-Owned Facilities, Apparatus, etc.)
(1) Notwithstanding the provisions of the State Property Act, if necessary for the research, development or production of aircraft, spacecraft, apparatus or materials, the Government may, gratuitously or onerously, lend or concede State-owned facilities, apparatus, etc. to a business entity engaged in the aerospace industry or have him/her use them or benefit by them. <Amended by Act No. 5774, Feb. 5, 1999; Act No. 8402, Apr. 27, 2007>
(2) Matters necessary for conditions of and procedures for the loan, concession, use or benefit under paragraph (1) shall be determined by Presidential Decree.
 Article 14 (Establishment of Aerospace Industry Development Policy Council)
In order to deliberate on matters concerning the establishment of the master plan and the coordination of accompanying important policies of the Government and main affairs among Ministries, the Aerospace Industry Development Policy Council (hereinafter referred to as the "Council") shall be established under the jurisdiction of the Minister of Trade, Industry and Energy. <Amended by Act No. 7239, Oct. 22, 2004; Act No. 9589, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013>
 Article 15 (Function of Council)
The Council shall deliberate on the following matters:
1. Establishment of the master plan;
2. Coordination of important policies of the Government related to the master plan and main affairs among Ministries;
3. Establishment of estimated expenditures incurred in executing of the master plan;
4. General control and coordination of research and development activities of the aerospace science and technology;
5. Other matters prescribed by Presidential Decree.
 Article 16 (Composition, etc. of Council)
(1) The Council shall be composed of not more than 15 members including a chairperson.
(2) The Minister of Trade, Industry and Energy shall be the chairperson of the Council and the members shall be prescribed by Presidential Decree. <Amended by Act No. 7239, Oct. 22, 2004; Act No. 9589, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013>
(3) If deemed necessary to take proper measures for the coordination of affairs, cooperation, etc. between the civil and military sectors, the chairperson of the Council may establish and operate an advisory committee, as prescribed by Presidential Decree.
(4) In order to examine, in advance, the items on the agenda of the Council or respond to inquiries, the Working Committee (hereinafter referred to as the "Working Committee"), the chairperson of which is the Vice Minister of Trade, Industry and Energy shall be established in the Council: <Amended by Act No. 7239, Oct. 22, 2004; Act No. 8402, Apr. 27, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9589, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013>
1. and 2. Deleted. <by Act No. 9589, Apr. 1, 2009>
(5) Matters necessary for composition, operation, etc. of the Council and the Working Committee shall be determined by Presidential Decree. <Amended by Act No. 7239, Oct. 22, 2004>
 Article 17 Deleted. <by Act No. 5733, Jan. 29, 1999>
 Article 17-2 Deleted. <by Act No. 13097, Jan. 28, 2015>
 Article 18 Deleted. <by Act No. 5774, Feb. 5, 1999>
 Article 19 (Delegation and Entrustment of Authority)
(1) If deemed necessary, the Minister of Trade, Industry and Energy may delegate or entrust the inspection affairs prescribed in Article 10 to another administrative agency, specialized inspection institution or a person having specified qualification, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 4541, Mar. 6, 1993; Act No. 5454, Dec. 13, 1997; Act No. 5774, Feb. 5, 1999; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) For preliminary review and consultation on the agenda of the Working Committee, the Minister of Trade, Industry and Energy may entrust government-funded science and technology research institutes established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc. with data collection, status investigations, policy planning and other necessary affairs about aerospace technologies and the aerospace industry, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Newly Inserted by Act No. 9589, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013>
(3) The Minister of Science and ICT may delegate part of his/her authority to the Korea Aerospace Research Institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc., as prescribed by Presidential Decree. <Amended by Act No. 5773, Jan. 29, 1999; Act No. 5774, Feb. 5, 1999; Act No. 6329, Dec. 30, 2000; Act No. 7219, Sep. 23, 2004; Act No. 8852, Feb. 29, 2008; Act No. 9589, Apr. 1, 2009; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
 Article 20 (Inspection Fees)
A person who intends to undergo a performance and quality inspection under Article 10 (1), shall pay fees as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 4541, Mar. 6, 1993; Act No. 5454, Dec. 13, 1997; Act No. 5774, Feb. 5, 1999; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
 Article 21 (Penalty Provisions)
A person violating the provisions of Article 11 (1), shall be punished by a fine not exceeding five million won.
 Article 22 (Joint Penalty Provisions)
If a representative of a corporation or an agent, employee or any other employed person of a corporation or an individual commits any violation falling under Article 21 in connection with the affairs of the corporation or the individual, not only shall such an offender be punished accordingly, but the corporation or the individual shall also be punished by a fine under the corresponding Article: Provided, That the same shall not apply where the corporation or the individual has paid due attention to or diligently supervised the relevant business in order to prevent such violation.
[This Article Wholly Amended by Act No. 9251, Dec. 26, 2008]
 Articles 23 and 24 Deleted. <by Act No. 5774, Feb. 5, 1999>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation.
Article 2 (Repeal of Other Acts)
(1) The Aviation Industry Promotion Act shall hereby be repealed.
(2) Any permission, report, inspection and other disposition made under the previous Aviation Industry Promotion Act at the time this Act enters into force shall be considered as report, inspection and other disposition made under this Act.
Article 3 (Relationship to Other Acts)
Where the previous Aviation Industry Promotion Act or provisions thereof are quoted in other Acts at the time this Act enters into force, if this Act has the corresponding provisions, this Act or the corresponding provisions of this Act shall be considered to be quoted.
ADDENDA <Act No. 4435, Dec. 14, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1992.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 4541, Mar. 6, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5733, Jan. 29, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
Article 10 (Transitional Measures concerning Penalty Provisions)
In applying penalty provisions (including administrative fines) for acts conducted before this Act enters into force which are prescribed by Acts repealed or amended under Articles 4 and 5 of the Addenda, the previous provisions shall apply.
Article 11 (Relationship to Other Statutes)
Where the pervious institutions are quoted in other statutes at the time this Act enters into force, the newly established institutions shall be deemed quoted in lieu of the previous institutions.
ADDENDUM <Act No. 5774, Feb. 5, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6329, Dec. 30, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2001.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 7219, Sep. 23, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 7239, Oct. 22, 2004>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 7949, Apr. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8402, Apr. 27, 2007>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Utility Rotorcraft Development Working Committee) The Multi-Role Helicopter Development Working Committee under the previous provisions at the time this Act enters into force shall be deemed the Utility Rotorcraft Development Working Committee under this Act.
ADDENDA <Act No. 8772, Dec. 21, 2007>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures concerning Designation as Specialized Inspection Institutions and Self-Inspection Enterprises) The institutions designated as specialized inspection institutions and the enterprises designated as entrusted inspection enterprises under the previous provisions at the time this Act enters into force shall be deemed to have designated as specialized inspection institutions and self-inspection enterprises under this Act.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9251, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 9589, Apr. 1, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11746, Apr. 5, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12315, Jan. 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons, etc.)
Persons under adult guardianship under the amended provision of subparagraph 1 of Article 6 shall be deemed to include persons for whom the declaration of incompetency or quasi-incompetency remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 13097, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Specified Business Entities, etc.)
(1) The designation as items, etc. required to foster, which was made under the previous provisions before this Act enters into force, shall be deemed to be revoked on the enforcement date of this Act.
(2) With respect to a specified business entity that was designated before this Act enters into force, the ground for the revocation of designation as a specified business entity shall be deemed to occur under paragraph (1), and the previous procedures for revoking the designation, such as a hearing, shall be followed: Provided, That the qualification acquired under the previous provisions shall be retained until the revocation of the designation becomes final.
ADDENDA <Act No. 14115, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 26 Omitted.
ADDENDA <Act No. 14116, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 55 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of the Acts, which were promulgated before this Act enters into force, but the date on which they are to enter into force, has not arrived yet, among the Acts amended pursuant to Article 5 of the Addenda, shall enter into force on the enforcement dates of such Acts, respectively.
Articles 2 through 6 Omitted.