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ENFORCEMENT DECREE OF THE AVIATION SECURITY ACT

Presidential Decree No. 25291, Apr. 1, 2014

Amended by Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26604, Oct. 29, 2015

Presidential Decree No. 26858, Jan. 6, 2016

Presidential Decree No. 27224, jun. 14, 2016

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 28034, May 8, 2017

Presidential Decree No. 28211, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Aviation Security Act and other matters necessary for enforcing said Act. <Amended by Presidential Decree No. 25291, Apr. 1, 2014>
[This Article Wholly Amended by Presidential Decree No. 22400, Sep. 20, 2010]
 Article 2 (Organization, etc. of Aviation Security Council)
(1) The Aviation Security Council (hereinafter referred to as the "Security Council") referred to in Article 7 (1) of the Aviation Security Act (hereinafter referred to as the “Act”) shall consist of up to 20 members, including one chairperson. <Amended by Presidential Decree No. 25291, Apr. 1, 2014>
(2) The head of the Civil Aviation Office of the Ministry of Land, Infrastructure and Transport shall become the chairperson of the Security Council, and the following persons shall serve as its members: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25291, Apr. 1, 2014; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
1. Each one public official, appointed by the head of the relevant organization, who is a member of the Senior Executive Service or holding a post equivalent thereto under the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of National Defense, the Ministry of Culture, Sports and Tourism, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Health and Welfare, the Ministry of Land, Infrastructure and Transport, the National Intelligence Service, the Korea Customs Service, the Korean National Police Agency, and the Korea Coast Guard;
2. Persons commissioned by the Minister of Land, Infrastructure and Transport among those who have abundant knowledge and experience in aviation security, airport operators or representatives of air transportation business entities.
(3) The term of office of members commissioned under paragraph (2) 2 shall be two years. <Newly Inserted by Presidential Decree No. 27224, Jun. 14, 2016>
(4) The chairperson shall represent the Security Council and have overall control over its duties. <Amended by Presidential Decree No. 25291, Apr. 1, 2014>
(5) Where the chairperson of the Security Council is unable to perform his/her duties due to any unavoidable cause, a member pre-appointed by the chairperson shall perform his/her duties on his/her behalf. <Amended by Presidential Decree No. 25291, Apr. 1, 2014>
(6) The chairperson shall convene and preside over meetings of the Security Council. <Amended by Presidential Decree No. 25291, Apr. 1, 2014>
(7) The Security Council shall have one executive secretary to handle its duties appointed by the Minister of Land, Infrastructure and Transport, among the public officials under his/her jurisdiction. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25291, Apr. 1, 2014>
(8) Self security plans subject to consultation held by the Security Council prescribed in Article 7 (1) 3 of the Act shall be as follows: <Amended by Presidential Decree No. 25291, Apr. 1, 2014>
1. Self security plans formulated and amended by airport operators;
2. Self security plans formulated and amended by an air transportation business entity (limited to domestic air transportation business entities and international air transportation business entities).
(9) Detailed matters necessary for operating the Security Council, other than those expressly provided for in this Decree, shall be determined by the chairperson following a resolution by the Security Council. <Amended by Presidential Decree No. 25291, Apr. 1, 2014>
[This Article Wholly Amended by Presidential Decree No. 22400, Sep. 20, 2010]
 Article 2-2 (Disqualification of, Challenge to, or Refrainment by Members of Security Council)
(1) A member of the Security Council shall be disqualified from participating in consultations held by the Security Council in any of the following cases:
1. Where a member or his/her current or former spouse becomes a party to the relevant agenda item, or is a joint holder of any right or joint obligor of a party to the relevant agenda item;
2. Where a member is or was a relative of a party to the relevant agenda item;
3. Where a member has provided a testimony, statement, consultation, research, service or appraisal concerning the relevant agenda item;
4. Where a member or a juristic person to which a member belongs is or was the representative of a party to the relevant agenda item.
(2) Where a party to the relevant agenda item has a ground to believe that he/she can hardly expect impartial consultation from a certain member, the party may submit a written challenge to such member to the Security Council, and the Security Council shall determine on it by resolution. In such cases, no member subject to such challenge shall participate in the resolution.
(3) Where any member finds that he/she is subject to exclusion for a ground prescribed in the subparagraphs of paragraph (1), he/she shall refrain himself/herself from deliberating on the relevant agenda item.
[This Article Newly Inserted by Presidential Decree No. 27224, Jun. 14, 2016]
 Article 2-3 (Dismissal, etc. of Members of Security Council)
(1) A person who has appointed a member pursuant to Article 2 (2) 1 may revoke the appointment if the member falls under any of the following cases:
1. Where the member becomes unable to perform his/her duties due to any mental or physical disability;
2. Where the member engages in misconduct in connection with his/her duties;
3. Where the member is deemed unsuitable to serve as a member due to neglecting a duty, losing dignity, etc.;
4. Where the member fails to refrain himself/herself even though he/she falls under any subparagraph of Article 2-2 (1);
5. Where the member voluntarily admits that it is impracticable for him/her to perform his/her duties as a member.
(2) The Minister of Land, Infrastructure and Transport may dismiss a member referred to in Article 2 (2) 2 from office if the member falls under any subparagraph of paragraph (1).
[This Article Newly Inserted by Presidential Decree No. 27224, Jun. 14, 2016]
 Article 3 (Organization, etc. of Regional Aviation Security Councils)
(1) A regional aviation security council referred to in Article 8 (1) of the Act (hereinafter referred to as “regional security council”) shall consist of up to 20 members, including one chairperson. <Amended by Presidential Decree No. 25291, Apr. 1, 2014>
(2) The following persons shall serve as members of a regional aviation security council: <Amended by Presidential Decree No. 25291, Apr. 1, 2014>
1. One person stationed at the relevant airport as an employee of a Government agency;
2. One person recommended by the relevant airport operator among his/her employees;
3. One person recommended by an air transportation business entity stationed at the relevant airport among its employees;
4. A person commissioned by the chairperson for aviation security, other than those prescribed in subparagraphs 1 through 3.
(3) The director of a local aviation office having jurisdiction over the relevant airport, or a person appointed by the director of a local aviation office among public officials under his/her jurisdiction shall serve as the chairperson of a regional aviation security council.
(4) The term of office of members commissioned under paragraph (2) 4 shall be two years. <Newly Inserted by Presidential Decree No. 27224, Jun. 14, 2016>
(5) The chairperson shall represent the relevant regional security council and have overall control over its duties. <Amended by Presidential Decree No. 25291, Apr. 1, 2014>
(6) The chairperson shall convene and preside over meetings of the relevant regional security council. <Amended by Presidential Decree No. 25291, Apr. 1, 2014>
(7) A regional security council shall have an executive secretary to handle its duties; and the director of a local aviation office shall appoint an executive secretary from among the public officials under his/her jurisdiction. <Amended by Presidential Decree No. 25291, Apr. 1, 2014>
(8) Detailed matters necessary for operating a regional security council, other than those provided for in this Decree, shall be determined by the chairperson following a resolution by the relevant regional security council. <Amended by Presidential Decree No. 25291, Apr. 1, 2014>
[This Article Wholly Amended by Presidential Decree No. 22400, Sep. 20, 2010]
 Article 3-2 (Disqualification of, Challenge to, or Refrainment by Members of Regional Security Councils)
Article 2-2 shall apply mutatis mutandis to disqualification of, challenge to, or refrainment by members of regional security councils.
[This Article Newly Inserted by Presidential Decree No. 27224, Jun. 14, 2016]
 Article 3-3 (Dismissal, etc. of Members of Regional Security Councils)
(1) A person who has recommended a member pursuant to subparagraph 2 or 3 of Article 3 (2) may withdraw his/her recommendation if the member falls under any of the following:
1. When the member becomes unable to perform his/her duties due to any mental or physical disability;
2. When the member engages in misconduct in connection with his/her duties;
3. When the member is deemed unsuitable to serve as a member due to neglecting a duty, losing dignity, etc.;
4. When the member fails to refrain himself/herself even though he/she falls under any subparagraph of Article 2-2 (1);
5. When the member voluntarily admits that it is impracticable for him/her to perform his/her duties as a member.
(2) The chairperson of a regional security council may dismiss a member referred to in Article 3 (2) 4 from office if he/she falls under any subparagraph of paragraph (1).
[This Article Newly Inserted by Presidential Decree No. 27224, Jun. 14, 2016]
 Article 4 (Duties of Regional Security Councils, etc.)
(1) A regional security council shall consult on the following: <Amended by Presidential Decree No. 25291, Apr. 1, 2014>
1. Matters related to formulating or amending self security plans referred to in Article 10 (2) of the Act;
2. Matters related to the security of airport facilities;
3. Matters related to the security of aircraft;
4. Matters related to formulating and executing self contingency plans referred to in Article 31 (2) of the Act;
5. Other matters related to the security of airports and aircraft, other than those prescribed in subparagraphs 1 through 4.
(2) After consulting on the matters referred to in the subparagraphs of paragraph (1), a chairperson shall report the outcomes thereof to the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 22400, Sep. 20, 2010]
 Article 5 (Formulation, Amendment, etc. of Master Plans)
(1) An aviation security master plan referred to in Article 9 (1) of the Act (hereinafter referred to as “master plan”) shall contain the following matters: <Amended by Presidential Decree No. 25291, Apr. 1, 2014>
1. Changes in and prospects of the aviation security environment domestically and abroad;
2. Matters related to the status of aviation security in the Republic of Korea and enhancing competitiveness;
3. The objectives of, and direction-setting for promoting, national aviation security policies, and phased plans for implementation thereof;
4. Matters related to training aviation security experts and developing aviation security technology;
5. Other matters necessary for developing aviation security.
(2) Where the Minister of Land, Infrastructure and Transport intends to formulate or amend a master plan, such plan shall be deliberated upon by the Security Council. <Newly Inserted by Presidential Decree No. 25291, Apr. 1, 2014>
(3) Where the Minister of Land, Infrastructure and Transport has formulated or amended a master plan, he/she shall notify details thereof to airport operators, etc. referred to in Article 9 (1) of the Act (hereinafter referred to as “airport operators, etc.”). <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25291, Apr. 1, 2014>
[This Article Wholly Amended by Presidential Decree No. 22400, Sep. 20, 2010]
 Article 5-2 (Formulation, Amendment, etc. of Implementation Plans)
(1) The Minister of Land, Infrastructure and Transport shall formulate an implementation plan on aviation security (hereinafter referred to as “implementation plan”) each year based upon a phased plan referred to in Article 5 (1) 3 and included in a master plan.
(2) Where the Minister of Land, Infrastructure and Transport intends to formulate or amend an implementation plan, he/she shall consult with the Security Council.
(3) Where the Minister of Land, Infrastructure and Transport has formulated or amended an implementation plan, he/she shall notify details thereof to airport operators, etc.
[This Article Newly Inserted by Presidential Decree No. 25291, Apr. 1, 2014]
 Articles 6 through 9 Deleted. <by Presidential Decree No. 22400, Sep. 20, 2010>
 Article 10 (Methods for Security Screening of Passengers and Their Personal Belongings, etc.)
(1) Before passengers board aircraft, any airport operator shall screen all the passengers and their personal belongings as prescribed in Article 15 of the Act using aviation security equipment publicly notified by the Minister of Land, Infrastructure and Transport pursuant to Article 27 of the Act (hereinafter referred to as “screening equipment, etc.”). In such cases, security screening shall be performed using a metal-detector gate or circular screening equipment in cases of passengers, and X-ray screening equipment in cases of the personal belongings of passengers, and when explosives or dangerous goods are suspected, further security screening shall be performed using necessary screening equipment, etc. such as explosive detectors. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25291, Apr. 1, 2014; Presidential Decree No. 28034, May 8, 2017>
(2) Deleted. <by Presidential Decree No. 25291, Apr. 1, 2014>
(3) In any of the following cases, any airport operator shall conduct a body search or screen passenger baggage by opening it with the consent of a passenger. In such cases, further security screening shall be performed using necessary screening equipment, etc. such as explosive trace detectors, in the case of subparagraph 5: <Amended by Presidential Decree No. 25291, Apr. 1, 2014; Presidential Decree No. 28034, May 8, 2017>
1. Where screening equipment or any similar equipment malfunctions;
2. Where screening equipment or any similar equipment issues alarm signals;
3. Where a passenger is suspected of carrying or concealing weapons or dangerous goods;
4. Where it is impracticable to identify certain objects by screening using X-ray screening equipment;
5. Where a passenger carries a single personal item, the size of which cannot be screened using X-ray screening equipment.
(4) Regarding items not allowed for a passenger to carry onto aircraft but deemed unharmful to aviation security, an airport operator may arrange for such items to be carried as checked baggage. <Amended by Presidential Decree No. 25291, Apr. 1, 2014>
[This Article Wholly Amended by Presidential Decree No. 22400, Sep. 20, 2010]
 Article 11 (Methods, etc. for Security Screening of Checked Baggage)
(1)  According to Article 15 of the Act, an air transportation business entity shall request security screening by an airport operator only for checked baggage of passengers holding boarding passes. In such cases, before requesting security screening by an airport operator, an air transportation business entity shall verify whether the relevant checked baggage belongs to passengers holding boarding passes or contains dangerous goods.
(2) An airport operator shall screen checked baggage referred to in paragraph (1) using X-ray screening equipment before loading it on the aircraft. <Newly Inserted by Presidential Decree No. 28034, May 8, 2017>
(3) In any of the following cases, an airport operator shall open the checked baggage and inspect its contents before loading it on the aircraft. In such cases, when explosives or dangerous goods are suspected be contained therein or in the case of subparagraph 3-2, further security screening shall be performed using necessary screening equipment, etc., such as an explosive trace detector: <Amended by Presidential Decree No. 25291, Apr. 1, 2014; Presidential Decree No. 28034, May 8, 2017>
1. Where X-ray screening equipment malfunctions;
2. Where it is suspected that weapons or dangerous goods are concealed;
3. Where it is impracticable to identify certain objects when screening using X-ray screening equipment;
3-2. In cases of single checked baggage, the size of which cannot be screened using X-ray screening equipment;
4. In special circumstances, such as increased threat to aviation security, other than those provided for in subparagraphs 1 through 3 and 3-2.
(4) An airport operator shall ensure that checked baggage that has been screened is not mixed with other checked baggage not yet screened.
(5)  An air transportation business entity shall take measures for protecting checked baggage that has been screened until it is loaded on aircraft, and shall verify whether the checked baggage loaded on the aircraft belongs to a passenger on board, and if its owner has not boarded the aircraft, the air transportation business entity shall not transport the relevant checked baggage: Provided, That where it is necessary to transport the checked baggage by using another aircraft due to any error in handling the transportation of the relevant checked baggage, the air transportation business entity may load it on such other aircraft after taking a separate security measure.
[This Article Wholly Amended by Presidential Decree No. 22400, Sep. 20, 2010]
 Article 12 (Methods, etc. for Security Screening of Cargo)
(1) Article 11 (2) and (3) shall apply mutatis mutandis to security screening of cargo loaded on passenger aircraft to be performed by an air transportation business entity pursuant to Article 15 of the Act. <Amended by Presidential Decree No. 28034, May 8, 2017>
(2) An air transportation business entity shall screen cargo loaded on freight aircraft as follows:
1. Screening by opening the relevant cargo;
2. Screening using X-ray search equipment;
3. Screening using an explosive detector or explosive trace detector;
4. Screening using an explosive detection dog;
5. Screening using a pressure chamber.
[This Article Wholly Amended by Presidential Decree No. 22400, Sep. 20, 2010]
 Article 13 (Methods for Special Security Screening)
(1) According to Article 15 of the Act, an airport operator may conduct security screening at a separate location outside the security screening area in cases of persons prescribed by the Minister of Land, Infrastructure and Transport, including people with disabilities wearing medical assistive devices, pregnant women, critically ill patients, etc. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
(2) In conducting security screening, no airport operator shall open diplomatic bags that meet all of the following requirements:
1. The diplomatic bags shall be transported with a person holding an official document verifying his/her status as a diplomatic courier and an official document indicating the number of diplomatic bags;
2. The diplomatic bags shall have on their outer surface a sign indicating that they are diplomatic bags and country marks.
(3) According to Article 15 of the Act, regarding any of the following, an airport operator or air transportation business entity may perform security screening by opening it, by verifying evidential documents, by using an explosive trace detector, etc.: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25291, Apr. 1, 2014; Presidential Decree No. 28034, May 8, 2017>
1. Medical supplies related to human tissues, such as bone marrow, blood, and hematopoietic stem cells;
2. A corpse’s ashes or remains;
3. Organs for transplantation;
4. Living animals;
4-2. Films for medical or scientific uses;
5. Items permitted by the Minister of Land, Infrastructure and Transport, other than those provided for in subparagraphs 1 through 4 and 4-2, whose original traits are likely to be damaged, altered, etc. if screened using screening equipment, etc.
[This Article Wholly Amended by Presidential Decree No. 22400, Sep. 20, 2010]
 Article 14 (Requests by Chiefs of Competent National Police Agencies for Necessary Measures)
According to the proviso to Article 15 (2) of the Act, where it is necessary to investigate any crime and to prevent any danger to the public, the chief of a competent national police agency may request that an airport operator or air transportation business entity take any of the following necessary measures: Provided, That the chief of the competent national police shall send a written request, in cases of matters that require a separate budget for implementing them or matters relating to a plan for increasing the number of airport security screening officers:
1. Cooperation necessary for stopping and questioning a person subject to security screening, to search his/her body or articles, etc.;
2. Security screening by methods deemed necessary among the security screening methods prescribed in Articles 10 through 12;
3. Placing additional airport security screening officers to enhance security screening.
[This Article Wholly Amended by Presidential Decree No. 22400, Sep. 20, 2010]
 Article 15 (Exemption from Security Screening)
(1) Any of the following persons may be exempted from security screening prescribed in Article 15 of the Act:
1. The heads of States who travel abroad on official duties;
2. Persons who are to be exempted from security screening according to international conventions, etc.
(2) In cases of diplomatic bags that meet all of the following requirements, security screening prescribed in Article 15 of the Act may be exempted: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
1. The relevant diplomatic bags shall meet all the requirements prescribed in the subparagraphs of Article 13 (2);
2. The Minister of Land, Infrastructure, Transport and Tourism shall verify a certificate issued by a diplomatic establishment of the relevant nation verifying that the relevant diplomatic bags contain no dangerous goods, such as weapons and explosives that can be used in committing any unlawful conduct.
(3) The security screening prescribed in Article 15 of the Act may be exempted when any checked baggage that meets all of the following requirements is to be transshipped: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
1. It shall undergo an appropriate level of security screening immediately prior to being loaded on aircraft at a departure airport;
2. It shall be protected from unauthorized outside contact until it arrives at a transit airport after being loaded at a departure airport;
3. To verify matters prescribed in subparagraphs 1 and 2, the Minister of Land, Infrastructure and Transport shall directly examine the status of security control at a departure airport and conclude an agreement with the relevant nation.
(4) No transportation business entity shall transport diplomatic bags exempted from security screening pursuant to paragraph (2), if a diplomatic courier has not boarded aircraft.
[This Article Wholly Amended by Presidential Decree No. 22400, Sep. 20, 2010]
 Article 15-2 (Methods for Security Screening of Persons, etc. Other than Passengers)
(1) Article 10 (1) and (3) shall apply mutatis mutandis, where any airport operator or cargo terminal operator screens any person who enters a restricted area pursuant to Article 16 (1) or (2) of the Act.
(2) Article 11 (2) through (4) shall apply mutatis mutandis, where any airport operator or cargo terminal operator screens any item which enters a restricted area pursuant to Article 16 (1) or (2) of the Act.
[This Article Newly Inserted by Presidential Decree No. 28034, May 8, 2017]
 Article 16 (Methods, etc. for Security Screening of Transit Passengers or Transfer Passengers)
(1) Articles 10, 11, 13 and 15 shall apply mutatis mutandis, where any airport operator screens transit passengers or transfers passengers pursuant to Article 17 (2) of the Act.
(2) The security screening prescribed in Article 17 (2) of the Act may be exempted, where passengers (including their personal belongings) arriving at a domestic airport after departing from another domestic airport to transfer to an international flight meet all of the following requirements: <Newly Inserted by Presidential Decree No. 27224, Jun. 14, 2016>
1. They shall board a domestic flight after the security screening prescribed in Article 15 (1) of the Act at the domestic departure airport is completed;
2. They shall not leave the area where security screening has been completed until they transfer to an international flight.
[This Article Wholly Amended by Presidential Decree No. 22400, Sep. 20, 2010]
 Article 17 (Measures concerning Persons Who Have Not Completed Security Screening)
(1) An airport operator and an air transportation business entity shall ensure that neither passengers nor their personal belongings, checked baggage or cargo that have not completed security screening do not enter any area where security screening has been completed. <Amended by Presidential Decree No. 25291, Apr. 1, 2014>
(2) An air transportation business entity shall ensure that no transit passenger fails to board the designated aircraft and leaves the transit area without permission.
[This Article Wholly Amended by Presidential Decree No. 22400, Sep. 20, 2010]
 Article 18 (Prohibition against Other Duties, etc.)
No airport operator, air transportation business entity or enterprise entrusted with security screening prescribed in Article 15 (3) of the Act (including cases applied mutatis mutandis under Articles 16 and 17 (5) of the Act) shall require airport security screening officers to perform other duties when they are performing duties for security screening. <Amended by Presidential Decree No. 25291, Apr. 1, 2014>
[This Article Wholly Amended by Presidential Decree No. 22400, Sep. 20, 2010]
 Article 18-2 (Performance of Specific Duties)
“Specific duties prescribed by Presidential Decree, such as guarding and escorting criminals” in Article 21 (2) of the Act means the following duties: <Amended by Presidential Decree No. 25291, Apr. 1, 2014>
1. Security service prescribed in the Presidential Security Act;
2. Security service for important persons prescribed in the Act on the Performance of Duties by Police Officers;
3. Security service for guarding important persons of a foreign government conducted by the relevant foreign government;
4. Escort of persons subject to escort pursuant to Article 24 of the Act;
5. Duties of airport security screening officers to prevent acts of unlawful interference on aircraft.
[This Article Newly Inserted by Presidential Decree No. 22400, Sep. 20, 2010]
 Article 19 (Carrying Weapons onto Aircraft)
“Weapons prescribed by Presidential Decree” in Article 21 (2) of the Act means the following weapons: <Amended by Presidential Decree No. 25291, Apr. 1, 2014; Presidential Decree No. 26858, Jan. 6, 2016>
4. Weapons that are allowed to be carried in accordance with international conventions or agreements with foreign governments.
[This Article Wholly Amended by Presidential Decree No. 22400, Sep. 20, 2010]
 Article 19-2 (Conducting Joint Field Inspections)
(1) In the following cases, the Minister of Land, Infrastructure and Transport may conduct a field inspection jointly with relevant administrative agencies pursuant to Article 33 (2) of the Act: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25291, Apr. 1, 2014>
1. Where an international conference is held where national and international dignitaries participate, such as the heads of States, the heads of international organizations, etc.;
2. Where an international event, such as Olympic Games, Asian Games and international exhibitions, is held;
3. Where specific terrorist intelligence or security threat information is obtained from domestic and international intelligence agencies;
4. Cases deemed necessary by the Minister of Land, Infrastructure and Transport to maintain security at airport facilities and on aircraft, other than cases provided for in subparagraphs 1 through 3.
(2) Any administrative agency that intends to conduct a joint field inspection pursuant to paragraph (1) shall, in advance, consult with the Minister of Land, Infrastructure and Transport with regard to its necessity, inspection items, etc.; Provided, that the foregoing shall not apply in cases of matters of great urgency. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 22400, Sep. 20, 2010]
 Article 19-3 (Entrustment of Duties concerning Voluntary Reports on Aviation Security)
The Minister of Land, Infrastructure and Transport shall entrust duties related to receiving, analyzing, and disseminating voluntary reports on aviation security to the Korea Transportation Safety Authority established under the Korea Transportation Safety Authority Act, pursuant to the former part of Article 33-2 (4) of the Act.
[This Article Newly Inserted by Presidential Decree No. 25291, Apr. 1, 2014]
 Article 20 (Delegation of Authority)
The Minister of Land, Infrastructure and Transport shall delegate the following authority to the directors of local aviation offices, pursuant to Article 38 (1) of the Act: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25291, Apr. 1, 2014; Presidential Decree No. 26604, Oct. 29, 2015>
1. Approving self security plans formulated by small-scale air transportation business entities or foreign international air transportation business entities pursuant to Article 10 (2) of the Act, among the air transportation business entities defined in subparagraph 3 of Article 2 of the Act, or approving any amendment thereto;
2. Approving self security plans formulated by enterprises defined in subparagraphs 4 through 6 of Article 2 of the Act pursuant to Article 10 (2) of the Act, or approving any amendment thereto;
3. Approving designation of restricted areas and temporary restricted areas at airport facilities prescribed in Article 12 of the Act and approving revocation of such designation;
3-2. Approving items subject to special security screening prescribed in Article 15 (2) of the Act and Article 13 (1) of this Decree;
3-3. Permission prescribed in Article 15 (2) of the Act and Article 13 (3) 5 of this Decree;
3-4. Verifying certificates prescribed in Article 15 (2) of the Act and Article 15 (2) 2 of this Decree;
4. Designating enterprises to be entrusted with security screening services pursuant to Article 15 (7) and (8) of the Act (including cases applicable mutatis mutandis under Articles 16 and 17 (5) of the Act) and revoking such designation;
4-2. Designating commercial shippers pursuant to Articles 17-2 and 17-3 of the Act, and revoking such designation;
5. Receiving reports on security screening failure, etc. prescribed in Article 19 (1) of the Act;
5-2. Measures necessary for aviation security prescribed in Article 19 (2) of the Act;
5-3. Security measures, such as security screening, prescribed in Article 19 (3) of the Act;
5-4. Permission for carrying weapons onto aircraft prescribed in Article 21 (2) and (4) of the Act;
6. Approving self contingency plans prescribed in the main sentence of Article 31 (3) of the Act, or approving any amendments thereto (limited to cases where self contingency plans, or any amendments thereto, are to be approved separately from self security plans);
7. Inspecting aviation security by aviation security supervisors designated under Article 33 (1) of the Act (limited to aviation security supervisors under the jurisdiction of the director of the relevant local aviation office);
8. Requests to submit documents and materials prescribed in Article 33 (3) of the Act (limited to cases related to performing inspection duties referred to in subparagraph 7);
9. Order to formulate corrective measures or other security measures prescribed in Article 33 (4) of the Act (limited to cases related to performing inspection duties referred to in subparagraph 7);
10. Holding hearings provided for in subparagraphs 1 and 2 of Article 37 of the Act;
11. Imposing and collecting administrative fines provided for in Article 51 (4) of the Act (limited to matters related to the duties delegated to the directors of local aviation offices).
[This Article Newly Inserted by Presidential Decree No. 22400, Sep. 20, 2010]
 Article 20-2 (Re-Examination of Regulation)
The Minister of Land, Infrastructure and Transport shall review the appropriateness of the methods for security screening prescribed in Articles 10 and 12 every three years (referring to the period that ends on the day before every third anniversary from January 1) from January 1, 2017, and shall take measures, such as making improvements. <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
[This Article Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014]
 Article 21 (Criteria for Imposing Administrative Fines)
The criteria for imposing administrative fines pursuant to Article 51 (1) through (3) of the Act shall be as specified in the attached Table.
[This Article Newly Inserted by Presidential Decree No. 25291, Apr. 1, 2014]
ADDENDUM
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Formulating Implementation Plans, etc.) Any airport operator, etc. shall submit an implementation plan formulated for the first time after this Decree enters into force, to the Minister of Construction and Transportation within three months from the date of receiving notice on details of a master plan from the Minister of Construction and Transportation.
(3) Omitted.
ADDENDUM <Presidential Decree No. 18349, Mar. 29, 2004>
This Decree shall enter into force on April 1, 2004.
ADDENDUM <Presidential Decree No. 18938, Jul. 5, 2005>
This Decree shall enter into force one month after the date of its promulgation.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 19545, Jun. 22, 2006>
This Decree shall enter into force on June 25, 2006.
ADDENDA <Presidential Decree No. 19563, Jun. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20778, May 6, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That … <Omitted.> … Article 3 of the Addenda shall enter into force on June 22, 2008.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21473, May 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22400, Sep. 20, 2010>
This Decree shall enter into force on September 23, 2010.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25291, Apr. 1, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 6, 2014.
Article 2 (Applicability to Methods for Security Screening of Checked Baggage, etc.)
The amended provisions of Articles 11 (2) and 13 (3) shall apply to security screening performed after this Decree enters into force.
Article 3 (Applicability to Scope of Weapons Permitted to Be Carried onto Aircraft)
The amended provisions of Article 19 shall apply where weapons are carried onto aircraft after this Decree enters into force.
Article 4 (Transitional Measures concerning Frequency of Imposing Administrative Fines)
Dispositions imposing administrative fines issued for violations committed before this Decree enters into force shall not be counted in determining the number of violations pursuant to the amended provisions of the attached Table.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26604, Oct. 29, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Delegation of Authority)
Notwithstanding the amended provisions of subparagraphs 3-3, 3-4, 5-4 and 11 of Article 20-3, when the procedures for performing any of the following duties are pending, a person with the relevant authority prescribed in the previous provisions shall perform the relevant duties:
1. Permission prescribed in Article 15 (2) of the Act and Article 13 (3) 5 of this Decree;
2. Certification of certificates prescribed in Article 15 (2) of the Act and Article 15 (2) 2 of this Decree;
3. Permission for carrying weapons onto aircraft prescribed in Article 21 (2) and (4) of the Act;
4. Imposing and collecting administrative fines pursuant to Article 51 (4) of the Act (limited to matters related to the duties delegated to the directors of local aviation offices).
ADDENDA <Presidential Decree No. 26858, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 7, 2016.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 27224, Jun. 14, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 28034, May 8, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees to be amended pursuant to Article 8 of the Addenda, which were promulgated before this Decree enters into force but the dates they enter into force have yet to arrive, shall enter into force on the date the relevant Presidential Decree enter into force.
Articles 2 through 8 Omitted.