CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe standards, procedures, and obligations, etc. to prevent any unlawful act in airport facilities, air navigation safety facilities, and aircraft and to ensure the security of civil aviation, in accordance with international conventions, such as the Convention on International Civil Aviation. <Amended by Act No. 11753, Apr. 5, 2013>
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
The terms used in this Act shall be defined as follows: Provided, That the Aviation Business Act, the Aviation Safety Act, and the Airport Facilities Act shall apply, except as otherwise provided for in this Act: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11753, Apr. 5, 2013; Act No. 14115, Mar. 29, 2016; Act No. 14954, Oct. 24, 2017> | 1. | The term "in flight" means from the time all the doors of an aircraft are closed after passengers board the aircraft until the time all the doors of the aircraft are opened for passengers to disembark from; |
| 6. | The term "airport tenant" means any individual or juristic person who enters into a contract for use of facilities with an airport operator for the purpose of conducting a business at the airport; |
| 7. | The term "in-flight security officer" means a judicial police officer in charge of duties to prevent any act of unlawful interference on the aircraft or any person designated by an aircraft operator to perform such duties; |
| 8. | The term "act of unlawful interference" means any of the following acts that are likely to obstruct the safe flight of an aircraft or to make the flight impracticable: |
| (a) | Hijacking, or attempting to hijack, an aircraft on the ground or in flight; |
| (b) | Taking people hostage on an aircraft or at the airport; |
| (c) | Destroying or damaging an aircraft, airport and air navigation safety facilities; |
| (d) | Trespassing on an aircraft, air navigation safety facilities and the security restricted area prescribed in Article 12 (hereinafter referred to as "security restricted area") or obstructing the operation thereof; |
| (e) | Carrying prohibited items, such as weapons prescribed in Article 21, onto an aircraft or into the security restricted area for criminal purposes; |
| (f) | Providing false information threatening the security of an aircraft on the ground or in flight or providing false information threatening the security of passengers, flight crews and ground operators in the airport and airport facilities; |
| (g) | Using an aircraft for the purpose of injuring or killing people or doing serious damage to property or environment; |
| (h) | Other acts punishable under this Act. |
| 9. | The term "security screening" means any act to detect or search for prohibited items, such as weapons or explosives, which may be used for acts of unlawful interference; |
| 10. | The term "aviation security screening officer" means a person who screens passengers, cabin baggage, hold baggage or air cargo, or a person who intends to have access to a security restricted area; |
| 11. | The term “equipment operator” means an airport operator, aircraft operator, cargo terminal operator, known consignor or any other person determined by Ordinance of the Ministry of Land, Infrastructure and Transport who installs and operates aviation security equipment to conduct security screening pursuant to Articles 15 through 17 and 17-2. |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 3 (Observance of International Conventions) |
| (1) | For the security of civil aviation, except for matters prescribed by this Act, the following international conventions shall be observed: <Amended by Act No. 11753, Apr. 5, 2013> |
| 1. | The Convention on Offenses and Certain Other Acts Committed on Board Aircraft; |
| 2. | The Convention for the Suppression of Unlawful Seizure of Aircraft; |
| 3. | The Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation; |
| 4. | The Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation; |
| 5. | The Convention on the Marking of Plastic Explosives for the Purpose of Detection. |
| (2) | In addition to the international conventions prescribed in paragraph (1), any other international convention related to aviation security shall also be observed. <Amended by Act No. 11753, Apr. 5, 2013> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 4 (Responsibilities and Obligations of the State) |
The Minister of Land, Infrastructure and Transport shall formulate a plan on the security of civil aviation, maintain a cooperative business system with other relevant administrative agencies, grant approval for self security program for each airport operator, aircraft operator, aircraft service provider, aircraft maintenance service provider, airport tenant, air passenger and cargo terminal operator, and check the execution of such plan, and develop education and training programs for aviation security. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11753, Apr. 5, 2013>
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 5 (Obligations of Cooperation of Airport Operators) |
Airport operators, aircraft operators, aircraft service providers, aircraft maintenance service providers, airport tenants, air passengers and cargo terminal operators, airport users, and other persons prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport shall cooperate in aviation security policies of the State. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11753, Apr. 5, 2013>
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 6 Deleted. <by Act No. 11753, Apr. 5, 2013> |
CHAPTER II NATIONAL CIVIL AVIATION SECURITY COMMITTEE
| Article 7 (National Civil Aviation Security Committee) |
| (1) | The National Civil Aviation Security Committee shall be established under the control of the Ministry of Land, Infrastructure and Transport to consult on the followings related to aviation security: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11753, Apr. 5, 2013> |
| 1. | Consultations on aviation security program; |
| 2. | Business cooperation among relevant administrative agencies; |
| 3. | Consultations for approval for self security program, as prescribed in Article 10 (2); |
| (2) | Matters necessary for forming and operating the National Civil Aviation Security Committee, and organizations subject to approval for self security program, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 11753, Apr. 5, 2013> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 8 (Regional Civil Aviation Security Committee) |
| (1) | The commissioner of a regional aviation administration shall establish a Regional Civil Aviation Security Committee at each airport under his/her jurisdiction to consult on matters concerning aviation security. <Amended by Act No. 11753, Apr. 5, 2013> |
| (2) | Necessary matters regarding formation, duties, operation, etc. of the Regional Civil Aviation Security Committee shall be prescribed by Presidential Decree. <Amended by Act No. 11753, Apr. 5, 2013> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 9 (Master Plans on Aviation Security) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate an aviation security master plan (hereinafter referred to as "master plan") every five years and notify the airport operators, aircraft operators, aircraft service providers, aircraft maintenance service providers, airport tenants, air passenger and cargo terminal operators, and any other person prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as "airport operators, etc") of the details thereof. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11753, Apr. 5, 2013> |
| (2) | A master plan shall include matters prescribed by Presidential Decree, such as the comprehensive and long-term direction of aviation security. <Amended by Act No. 11753, Apr. 5, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport shall formulate and execute an aviation security implementation plan (hereinafter referred to as “implementation plan”) every year to perform aviation security duties in accordance with a master plan. <Amended by Act No. 11753, Apr. 5, 2013> |
| (4) | Where the Minister of Land, Infrastructure and Transport intends to formulate or modify a master plan, he/she shall, in advance, consult with relevant administrative agencies. <Newly Inserted by Act No. 11753, Apr. 5, 2013> |
| (5) | Where it is deemed necessary to formulate a master plan or an implementation plan, the Minister of Land, Infrastructure and Transport may hear the opinions of related agencies, organizations, or experts, or request them to submit necessary data. <Newly Inserted by Act No. 11753, Apr. 5, 2013> |
| (6) | Other matters necessary to formulate, modify, or implement a master plan and an implementation plan shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 11753, Apr. 5, 2013> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 10 (Formulation of National Civil Aviation Security Program, etc.) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate and execute a national civil aviation security program to perform aviation security-related affairs. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11753, Apr. 5, 2013> |
| (2) | Where any airport operator, etc. intends to formulate self security program in accordance with a national civil aviation security program referred to in paragraph (1) or to change self security program formulated, he/she shall obtain approval from the Minister of Land, Infrastructure and Transport: Provided, That this shall not apply to a change to an insignificant matter prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Necessary matters regarding details and procedures of formulating a national civil aviation security program and self security program formulated pursuant to paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
CHAPTER III SECURITY OF AIRPORTS AND AIRCRAFT
| Article 11 (Security of Airport Facilities, etc.) |
| (1) | Any airport operator shall take measures necessary for the security of airport facilities and air navigation safety facilities. <Amended by Act No. 11753, Apr. 5, 2013> |
| (2) | Any airport operator shall formulate and execute measures to prevent any contact between screened passengers and passengers yet to be screened. |
| (3) | Any airport operator shall formulate and execute measures for preventing entry into areas where screening is completed for passengers, etc. who refuse security checks or who carry weapons, explosives, or other articles which may pose a threat to aviation security. <Newly Inserted by Act No. 11753, Apr. 5, 2013> |
| (4) | In the case of building or maintaining an airport, detailed standards which should be observed to protect people and facilities, etc. from acts of unlawful interference shall be determined by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11753, Apr. 5, 2013> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 12 (Designation of Security Restricted Areas of Airport Facilities) |
| (1) | Any airport operator shall designate areas necessary to protect airport facilities, such as areas screened, runways and aprons as security restricted areas with approval from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Any airport operator may, if necessary, designate a temporary security restricted area with approval from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Necessary matters in relation to standards for designation of security restricted areas under paragraphs (1) and (2), and revocation of designation shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 13 (Permission to Access Security Restricted Areas) |
| (1) | Any of the following persons may have access to the security restricted area with permission from an airport operator: |
| 1. | Any person who at all times performs his/her duties at airport facilities, etc. in a security restricted area; |
| 2. | Any person who needs to perform his/her duties in the security restricted area for construction of an airport or maintenance, etc. of airport facilities; |
| 3. | Any person whose entry into the security restricted area is deemed essential to perform other duties. |
| (2) | Necessary matters concerning procedures, etc. for granting permission for access under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 14 (Safety of Passengers and Security of Aircraft) |
| (1) | Any aircraft operator shall take measures necessary for the safety of passengers and security of aircraft. |
| (2) | Any aircraft operator shall have an in-flight security officer onboard the aircraft, where he/she operates an aircraft with passengers aboard. |
| (3) | Any aircraft operator shall take measures for the security of aircraft, such as strengthening the security of the cockpit door and forbidding an unauthorized person's access to the cockpit in flight, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11753, Apr. 5, 2013> |
| (4) | Any aircraft operator shall conduct security checks on the aircraft prior to each flight. In such cases, detailed matters concerning security checks shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Every airport operator and aircraft operator shall take measures to prevent substances prohibited on the aircraft designated and publicly announced by the Minister of Land, Infrastructure and Transport, such as liquid, gel products, etc. from being carried onto the aircraft or into the areas screened. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11753, Apr. 5, 2013> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 15 (Screening, etc. of Passengers, etc.) |
| (1) | Any passenger who boards an aircraft shall undergo screening of his/her body, cabin baggage and hold baggage. |
| (2) | Any airport operator shall screen passengers who board an aircraft, their cabin baggage and hold baggage, and any aircraft operator shall screen cargo: Provided, That if necessary to investigate any crime and for the prevention of any danger to the public, the chief of any competent national police agency may request him/her to take measures necessary for security screening, and any airport operator and aircraft operator shall not refuse such request without good cause. |
| (3) | Any airport operator and aircraft operator may directly conduct security screening pursuant to paragraph (2), or may entrust any enterprise designated by the Minister of Land, Infrastructure and Transport in accordance with paragraph (6) with screening, on the recommendation of an airport operator and aircraft operator, among security service providers pursuant to Article 4 (1) of the Security Services Industry Act. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Any airport operator may use part of rents prescribed in Articles 32 and 50 of the Airport Facilities Act to appropriate for expenses incurred in relation to security screening pursuant to paragraph (2). <Amended by Act No. 14113, Mar. 29, 2016> |
| (5) | Any aircraft operator shall provide an airport operator with the transport information prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, including the name, nationality, passport number, etc. of passengers who board an aircraft for the security of airports and aircraft. In such cases, necessary matters, such as the methods, procedures, etc. for providing the transport information, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 12257, Jan. 14, 2014> |
| (6) | Matters necessary for methods of, procedures for, and exemption from, security screening pursuant to paragraph (2) shall be prescribed by Presidential Decree. |
| (7) | Any enterprise which wishes to be entrusted with security screening services in accordance with paragraph (3) shall be designated by the Minister of Land, Infrastructure and Transport pursuant to Ordinance of the Ministry of Land, Infrastructure and Transport. <Act No. 11753, Apr. 5, 2013> |
| (8) | The Minister of Land, Infrastructure and Transport may, where an enterprise designated under paragraph (6) falls under any of the following subparagraphs, cancel its designation: Provided, That where it falls under subparagraph 1 or 2, the designation must be canceled: <Newly Inserted by Act No. 11753, Apr. 5, 2013> |
| 1. | Where the designation has been made by fraud or other improper means; |
| 3. | Where an enterprise fails to meet the designation standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That the designation shall not be canceled, in cases where an enterprise temporarily fails to meet the designation standards but it manages to satisfy them again within three months; |
| 4. | Where there is the loss of human lives or the failure of security screening caused by intention or gross negligence during the provision of security screening services. |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 16 (Screening of Persons, etc. who are not Passengers) |
| (1) | Any airport operator shall also screen any person who enters a security restricted area with permission under Article 13 (1) or articles carried therein. In such cases, the proviso to Article 15 (2) and paragraphs (3) and (6) through (8) of the same Article shall apply mutatis mutandis to the methods, procedures, exemption from and entrustment of the security screening. <Amended by Act No. 11753, Apr. 5, 2013; Act No. 12257, Jan. 14, 2014> |
| (2) | Notwithstanding the provisions of paragraph (1), a cargo terminal operator shall screen any person who enters the security restricted area designated in the cargo terminal or articles carried therein. In such cases, the proviso to Article 15 (2) and paragraphs (3) and (6) through (8) of the same Article shall apply mutatis mutandis to the methods and procedures of, exemption from and entrustment of the security screening. <Amended by Act No. 11753, Apr. 5, 2013; Act No. 12257, Jan. 14, 2014> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 17 (Security Screening, etc. of Transit Passengers or Transfer Passengers) |
| (1) | Any aircraft operator shall have transit passengers or transfer passengers disembark from an aircraft with their cabin baggage when the aircraft arrives at the airport. |
| (2) | Any airport operator shall screen transit passengers or transfer passengers, their cabin baggage, and their hold baggage, who disembark from an aircraft pursuant to paragraph (1). <Amended by Act No. 11753, Apr. 5, 2013> |
| (3) | Expenses incurred in relation to security screening conducted pursuant to paragraph (2) shall be borne by an airport operator, and an aircraft operator shall provide the airport operator with transport information on the transit passengers or transfer passengers. |
| (4) | Article 15 (5) shall apply mutatis mutandis to the provision of transport information pursuant to paragraph (3). <Amended by Act No. 12257, Jan. 14, 2014> |
| (5) | The proviso to Article 15 (2), and paragraphs (3) and (6) through (8) of the same Article, shall apply mutatis mutandis to the methods and procedures of, exemption from and entrustment of the security screening provided for in paragraph (2). <Amended by Act No. 11753, Apr. 5, 2013; Act No. 12257, Jan. 14, 2014> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 17-2 (Known Consignors) |
| (1) | The Minister of Land, Infrastructure and Transport may designate any shipper who meets the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as screening equipment, aviation security screening officer, or any person who packages, stores and transports air freight conduct security screening of air freight and airmail. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport shall determine and publicly announce the air freight security standards on the procedures for control of freight security which any person designated pursuant to paragraph (1) (hereinafter referred to as "known consignor") shall observe. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Notwithstanding Article 15 (2), an aircraft operator shall not conduct security screening of air freight and airmail which a known consignor has screened pursuant to paragraph (1): Provided, That security screening shall be conducted in cases of the following air freight or airmail: <Amended by Act No. 14870, Aug. 9, 2017> |
| 1. | When it has been received from a known consignor after being handled by a person other than the known consignor; |
| 2. | When it was out of the control of a known consignor or aircraft operator during the handling processes such as receipt, security screening, transportation, etc.; |
| 3. | When it has marks of damage; |
| 4. | When any unauthorized person has accessed it, or is suspected to have accessed it; |
| 5. | When it is moved from a cargo plane to a passenger plane; |
| 6. | When it falls under any of the matters determined and publicly announced by the Minister of Land, Infrastructure and Transport, such as random sample screening; |
| 7. | When the chief of any competent national police agency requests necessary measures pursuant to the proviso to Article 15 (2); |
| 8. | In other cases where an aircraft operator recognizes that there are reasonable grounds requiring security screening, such as obtaining threat information, etc. |
| (4) | Necessary matters concerning procedures for designation of a known consignor shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 10160, Mar. 22, 2010]
| Article 17-3 (Revocation of Designation of Known Consignors) |
| (1) | Where a known consignor falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may revoke his/her designation: Provided, That where he/she falls under subparagraph 1, his/her designation must be revoked: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11753, Apr. 5, 2013> |
| 1. | Where he/she receives his/her designation by fraud or other improper means; |
| 2. | Where he/she fails to meet the standards for designation referred to in Article 17-2 (1); |
| 3. | Where he/she perform duties, in violation of the air freight security standards referred to in Article 17-2 (2). |
| (2) | Where the designation of a known consignor is revoked under paragraph (1), the Minister of Land, Infrastructure and Transport shall immediately notify an aircraft operator thereof and take measures so that the aircraft operator may conduct security screening. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11753, Apr. 5, 2013> |
| (3) | Necessary matters concerning procedures for revoking designation of a known consignor shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 10160, Mar. 22, 2010]
| Article 18 (Control of In-flight Meals, etc.) |
| (1) | Any aircraft operator shall take measures necessary to prevent the inflow of prohibited items prescribed in Article 21 into the aircraft by taking advantage of in-flight meals or cabin supplies. |
| (2) | Detailed matters necessary for control over the inflow or outflow of in-flight meals and cabin supplies shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 19 (Countermeasures against Security Screening Failure, etc.) |
| (1) | In any of the following cases, any airport operator, aircraft operator or cargo terminal operator shall make a prompt report thereon to the Minister of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11753, Apr. 5, 2013> |
| 1. | Where he/she learns that screening has been conducted while screening equipment does not work normally or that screening is insufficient; |
| 2. | Where an unauthorized person enters or an unauthorized article is carried into the security restricted area or the aircraft; |
| 3. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport as matters which are likely to hinder aviation security. |
| (2) | Where the Minister of Land, Infrastructure and Transport receives a report pursuant to paragraph (1), he/she shall take measures necessary for the aviation security in accordance with the classifications set forth in the following subparagraphs: <Amended by Act No. 11753, Apr. 5, 2013> |
| 1. | Where the Minister of Land, Infrastructure and Transport receives a report before the departure of an aircraft: Security measures such as the security screening, etc. of the corresponding aircraft; |
| 2. | Where the Minister of Land, Infrastructure and Transport receives a report after the departure of an aircraft: Notification to the relevant agency of a foreign country where the relevant aircraft is to arrive. |
| (3) | Where the Minister of Land, Infrastructure and Transport is notified of a matter under any of the subparagraphs of paragraph (1) by a foreign country, he/she shall lead the aircraft in question to an isolated apron and then take security measures, such as security screening. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11753, Apr. 5, 2013> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 20 (Procedures, etc. for Security Management of Flight Documents) |
| (1) | Every aircraft operator shall establish and execute security management measures concerning flight documents, such as boarding passes and baggage tags. <Amended by Act No. 11753, Apr. 5, 2013> |
| (2) | Detailed matters necessary for the security management of flight documents referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11753, Apr. 5, 2013> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
CHAPTER IV IN-FLIGHT SECURITY
| Article 21 (Prohibition against Carrying Prohibited Items, such as Weapons) |
| (1) | No one shall board an aircraft with prohibited items determined and publicly announced by the Minister of Land, Infrastructure and Transport, such as weapons (including biochemical weapons, such as anthrax bacterium, smallpox germs), knives, explosives, toxic chemicals or highly flammable articles. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Notwithstanding the provisions of paragraph (1), in cases of weapons prescribed by Presidential Decree for the performance of specific duties prescribed by Presidential Decree, such as guarding and escorting criminals, they may be carried onto the aircraft with approval from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Any person who intends to carry weapons onto an aircraft pursuant to paragraph (2) shall entrust them to a captain of a relevant aircraft before boarding the aircraft and recover them after having arrived at his/her destination: Provided, That this shall not apply to an in-flight security officer who boards the aircraft pursuant to Article 14 (2). |
| (4) | Any foreigner or aircraft operator with foreign nationality performing duties concerning the aviation security, who intends to carry weapons pursuant to paragraph (2) onto the aircraft and enter the Republic of Korea, shall obtain permission from the Minister of Land, Infrastructure and Transport in advance before the departure of the aircraft. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11753, Apr. 5, 2013> |
| (5) | Necessary matters concerning procedures for granting permission to carry weapons onto the aircraft pursuant to paragraphs (2) and (4) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 22 (Authority of Captain, etc.) |
| (1) | A captain or flight crew entrusted with authority by the captain (hereinafter referred to as "captain, etc") or a person who has been requested by the captain to assist him/her, among employees of an aircraft operator assisting with the affairs related to boarding of passengers, may take measures necessary to discourage any person who intends to conduct any of the following acts from doing such act: <Amended by Act No. 11753, Apr. 5, 2013> |
| 1. | Causing damage to the security of an aircraft; |
| 2. | Causing harm to life or damage to property; |
| 3. | Disturbing order in an aircraft, or violating regulations on the aircraft. |
| (2) | When requested by the captain, etc. to provide cooperation on measures pursuant to paragraph (1), any person on board shall comply with such request. |
| (3) | Where the captain, etc. arrests any person who has conducted an act referred to in the subparagraphs of paragraph (1), the aircraft shall not take off with the person under arrest onboard except that the person arrested when the aircraft has landed agrees to remain aboard the aircraft under such conditions or that there is any reason which makes it impracticable to let him/her disembark from the aircraft. |
| (4) | When a flight crew entrusted with authority by the captain or a person who has been requested by the captain to assist him/her, among employees of an aircraft operator offering services related to boarding of passengers, takes measures under paragraph (1), he/she shall be under the captain's command. |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 23 (Obligations of Passengers to Cooperate) |
| (1) | No passenger on board shall engage in any of the following acts to ensure the safe flight of an aircraft and travel of passengers: <Amended by Act No. 11932, Jul. 16, 2013; Act No. 14116, Mar. 29, 2016> |
| 1. | Making a noise, such as abusive languages, loud singing; |
| 2. | Smoking (excluding smoking in a smoking zone); |
| 3. | Doing harm to other persons after drinking alcohol or taking drugs; |
| 4. | Causing sexual humiliation to others; |
| 6. | Attempting to enter the cockpit without the captain's consent; |
| 7. | Obstructing the duties of the captain, etc. by fraudulent means or by force. |
| (2) | No passenger shall assault others on an aircraft, or engage in violence, intimidation, or deceptive conduct or manipulate the entrance, emergency exit or devices, which hinder the security or flight of the aircraft. <Amended by Act No. 14724, Mar. 21, 2017> |
| (3) | No passenger shall occupy the aircraft and stage a sit-in demonstration on the aircraft without disembarking from the aircraft after the aircraft lands. |
| (4) | Any passenger on board shall follow the legitimate official instructions given by the captain, etc. who prohibits any act hindering the security or flight of the aircraft. <Amended by Act No. 11753, Apr. 5, 2013> |
| (5) | Any aircraft operator shall formulate a plan to mitigate inconveniences caused to the passengers due to regulations for the safe flight of an aircraft and travel of passengers, such as non-smoking. |
| (6) | If any passenger on board conducts, or is likely to conduct, an act under any of paragraph (1) 1 through 5 on the aircraft, the captain, etc. shall make efforts to prevent such act in advance by stopping him/her doing such act or warning him/her against doing such act. |
| (7) | Any aircraft operator may decline boarding of any of the following persons: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11753, Apr. 5, 2013> |
| 1. | Any person who refuses security screening prescribed in Article 15 or 17; |
| 2. | Any person who makes, or is likely to make, a noise due to drinking; |
| 3. | Any person who has been requested or notified by a State organization at home and abroad or an international organization, etc. in charge of the affairs on the aviation security to refuse his/her boarding because he/she is likely to harm the safe flight of an aircraft; |
| 4. | Any other person prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport because he/she is likely to harm the safe flight of an aircraft. |
| (8) | No one shall obstruct duties of an aviation security screening officer who provides security screening services in the airport or any person who controls access to the security restricted area, or injure their body, such as violence. |
| (9) | Any aircraft operator shall inform passengers of their duty of cooperation by playing video clips, broadcasting, etc. before launching the aircraft, as prescribed by the Minister of Land, Infrastructure and Transport. <Newly Inserted by Act No. 14870, Aug. 9, 2017> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 24 (Escort of Persons such as Persons Held in Prison) |
| (1) | Where any judicial police officer or public official having law enforcement authority escorts, by aircraft, any suspect, prisoner at the bar, convict or any other person who could harm the security of the aircraft (hereafter in this Article referred to as "person subject to escort"), he/she shall inform in advance the relevant aircraft operator thereof. <Amended by Act No. 11753, Apr. 5, 2013> |
| (2) | Matters to be informed under paragraph (1) shall include the personal information of a person subject to escort, reasons for escort, methods of escort, and matters concerning the safety measures for escort, etc. |
| (3) | If a person subject to escort could threaten the safety of an aircraft, flight crew and passengers, any aircraft operator informed pursuant to paragraph (1) may request public officials who escort him/her, such as judicial police officers, to take appropriate safety measures. |
| (4) | Matters necessary for methods and conditions for escorting a person subject to escort shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 25 (Handover and Taking Custody of Offender) |
| (1) | When the captain, etc. hands over any offender who has committed a crime under this Act on the aircraft, the captain, etc. shall hand over the offender, directly or through the public officials of a relevant agency, to a national police station having jurisdiction over the relevant airport after notification. <Amended by Act No. 13811, Jan. 19, 2016> |
| (2) | Where the captain, etc. takes custody of an offender who has committed a crime on board another aircraft, if he/she is unable to continue to detain the offender in custody on the aircraft, he/she shall promptly hand over the offender, directly or through the public officials of a relevant agency, to a national police station having jurisdiction over the relevant airport. |
| (3) | The chief of a national police station who takes an offender into custody pursuant to paragraphs (1) and (2) shall promptly inform a relevant aircraft operator of the measure taken against the offender. |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 26 (Preliminary Investigation) |
| (1) | The chief of a national police station may, where he/she takes custody of an offender pursuant to Article 25 (1) and (2), make a preliminary investigation into the offender, such as investigation of the offender, request for submission of evidence, or securing witness statements. |
| (2) | The chief of a national police station shall not unreasonably delay the flight of a relevant aircraft, where he/she conducts a preliminary investigation pursuant to paragraph (1). |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
CHAPTER V AVIATION SECURITY EQUIPMENT, ETC.
| Article 27 (Certification, etc. of Performance of Aviation Security Equipment) |
| (1) | Where an equipment operator conducts security screening pursuant to this Act, he/she shall use aviation security equipment whose performance has been certified by the Minister of Land, Infrastructure and Transport. |
| (2) | The standards, methods and procedures for certifying performance of aviation security equipment prescribed in paragraph (1), and matters necessary for its operation, such as performance tests of aviation security equipment used by equipment operators, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | The Minister of Land, Infrastructure and Transport shall formulate and publicly announce the standards concerning the type, operation, maintenance, etc. of aviation security equipment that has acquired performance certification. |
| (4) | The Minister of Land, Infrastructure and Transport shall conduct regular or occasional inspections, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in order to examine whether the aviation security equipment that has acquired performance certification pursuant to paragraph (1) maintains its performance. |
| (5) | Notwithstanding paragraph (1), the aviation security equipment that has been certified for its performance in a nation that has concluded an agreement for mutual performance certification of aviation security equipment with the Republic of Korea, shall be deemed to have acquired performance certification of aviation security equipment in the Republic of Korea: Provided, That when any agreement for mutual performance certification of aviation security equipment is concluded, the Minister of Land, Infrastructure and Transport shall publicly announce details thereof. |
[This Article Wholly Amended by Act No. 14954, Oct. 24, 2017]
| Article 27-2 (Revocation of Certification of Performance of Aviation Security Equipment) |
Where any aviation security equipment certified for its performance falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke its certification: Provided, That when such aviation security equipment falls under subparagraph 1, he/she shall revoke its certification:
| 1. | Where it has acquired certification by fraud or other improper means; |
| 2. | Where it comes to fail to meet the performance standards prescribed in Article 27 (2); |
| 3. | Where it fails to undergo an inspection prescribed in Article 27 (4) without any justifiable grounds; |
| 4. | Where it is found to have a serious defect as a result of an inspection prescribed in Article 27 (4). |
[This Article Newly Inserted by Act No. 14954, Oct. 24, 2017]
| Article 27-3 (Entrustment of Certification Business) |
The Minister of Land, Infrastructure and Transport may entrust the businesses related to performance certification and inspection of aviation security equipment provided for in Article 27 to an institution prescribed by Presidential Decree (hereinafter referred to as "certification institution") in order to ensure the professionalism and reliability of the certification business. [This Article Newly Inserted by Act No. 14954, Oct. 24, 2017]
| Article 27-4 (Designation of Testing Institutions) |
| (1) | With respect to performance certification prescribed in Article 27, the Minister of Land, Infrastructure and Transport may designate an institution (hereinafter referred to as “testing institution”) for testing the performance of aviation security equipment (hereinafter referred to as "performance evaluation test"). |
| (2) | Any corporation or organization that wishes to be designated as a testing institution prescribed in paragraph (1) shall submit an application for designation to the Minister of Land, Infrastructure and Transport after meeting the criteria for designation prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 14954, Oct. 24, 2017]
| Article 27-5 (Revocation, etc. of Designation of Testing Institutions) |
| (1) | Where any corporation or organization designated as a testing institution pursuant to Article 27-4 falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke its designation or order it to wholly or partially suspend its business for up to one year: Provided, That when it falls under subparagraph 1 or 2, he/she shall revoke its designation: |
| 1. | Where it has acquired designation as a testing institution by fraud or other improper means; |
| 2. | Where it has conducted a performance evaluation test during a period of its business suspension after being subjected to an order for business suspension; |
| 3. | Where it has failed to conduct a performance evaluation test without any justifiable grounds; |
| 4. | Where it has conducted a performance evaluation test, in violation of the standards, methods, procedures, etc. prescribed in Article 27 (2); |
| 5. | Where it comes to fail to meet the criteria for designation as a testing institution prescribed in Article 27-4 (2); |
| 6. | Where it has conducted a performance evaluation test by falsely manipulating test results. |
| (2) | Matters necessary for the standards for revocation of designation, business suspension, etc. provided for in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 14954, Oct. 24, 2017]
Any person who intends to obtain certification of the performance of aviation security equipment pursuant to Article 27 (1) shall pay fees to the certification institution and the testing institution, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. [This Article Newly Inserted by Act No. 14954, Oct. 24, 2017]
| Article 28 (Education and Training, etc.) |
| (1) | The Minister of Land, Infrastructure and Transport shall determine matters necessary to educate persons performing the affairs concerning aviation security. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11753, Apr. 5, 2013> |
| (2) | Any person who supervises or provides security screening services shall complete education and training courses necessary for screening methods and procedures, operation of screening equipment, and other matters required for screening in an educational institution designated by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The standards for designation, such as facilities, equipment, and human resources, with which a person who intends to be designated as an educational institution under paragraph (2) should be equipped, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Where any person who has been designated as an educational institution falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may revoke his/her designation: Provided, That where the person falls under subparagraph 1, the Minister of Land, Transport and Maritime Affairs shall revoke his/her designation: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where the person has been designated as an educational institution by fraud or other improper means; |
| 2. | Where the person fails to fulfill the standards for designation under paragraph (3): Provided, That this shall not apply to cases where the person temporarily fails to meet the standards for designation, but meets the standards for designation again within three months therefrom; |
| 3. | Where the person fails to manage all the curricula for at least two years. |
| (5) | Matters necessary to designate an educational institution or educational training shall be prescribed by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 29 (Keeping Screening Records) |
An airport operator, aircraft operator or screening enterprise entrusted with security screening shall prepare and keep a screening record, such as record related to duties of a screening officer and field education and training, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
CHAPTER VI RESPONSE TO THREAT TO AVIATION SECURITY
| Article 30 (Provision of Information Threatening Aviation Security) |
| (1) | When the Minister of Land, Infrastructure and Transport obtains information regarding threats to aviation security, he/she shall provide such information to relevant administrative agencies, the International Civil Aviation Organization, the relevant agency of a country where the relevant aircraft is registered, and the owner, etc. of the aircraft. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11753, Apr. 5, 2013> |
| (2) | Detailed matters concerning procedures for providing information and matters requiring cooperation, etc. prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 31 (Formulation of Contingency Plans for National Aviation Security, etc.) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate and execute a contingency plan for national aviation security to take immediate action against any act of unlawful interference on board civil aircraft. |
| (2) | Any airport operator, etc. shall formulate and execute self contingency plan in accordance with the contingency plan for national aviation security referred to in paragraph (1). |
| (3) | Where any airport operator, etc. formulates or modifies self contingency plan pursuant to paragraph (2), he/she shall obtain approval from the Minister of Land, Infrastructure and Transport: Provided, That it shall not apply when modifying minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | Necessary matters concerning the specific details, formulation standards, approval procedures, etc. of a contingency plan for national aviation security as well as a self contingency plan formulated by an airport operator, etc. pursuant to paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Wholly Amended by Act No. 11753, Apr. 5, 2013]
| Article 32 (Security Measures) |
Where it is necessary to swiftly cope with a threat to civil aviation, the Minister of Land, Infrastructure and Transport may take measures necessary for any airport operator, etc. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 33 (Supervision of Aviation Security) |
| (1) | The Minister of Land, Infrastructure and Transport shall designate public officials under his/her control as aviation security supervisors and have them inspect aviation security. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11753, Apr. 5, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may conduct a field inspection on the state of airport and aircraft security in collaboration with relevant administrative agencies, as prescribed by Presidential Decree. <Amended by Act No. 11753, Apr. 5, 2013> |
| (3) | Where it is deemed necessary to conduct the inspection provided for in paragraphs (1) and (2), the Minister of Land, Infrastructure and Transport may require an airport operator, etc. to submit necessary documents and materials. <Newly Inserted by Act No. 11753, Apr. 5, 2013> |
| (4) | Where it is recognized necessary to make improvement or redress as a result of the inspection provided for in paragraphs (1) and (2), the Minister of Land, Infrastructure and Transport may order an airport operator, etc. to formulate corrective measures or other security measures. <Newly Inserted by Act No. 11753, Apr. 5, 2013> |
| (5) | Where the Minister of Land, Infrastructure and Transport conducts an inspection pursuant to paragraph (1) or (2), he/she shall notify persons subject to inspection of an inspection plan on the time, a reason for inspection, details of inspection, etc. by no later than seven days before the inspection: Provided, That this shall not apply to cases of urgency, or where it is deemed impracticable to achieve the objective of the inspection due to a risk of destruction of evidence, etc., if a prior notice is given. |
| (6) | If necessary to conduct an inspection on the aviation security, aviation security supervisors may have access to and inspect an aircraft and airport facilities. <Amended by Act No. 11753, Apr. 5, 2013> |
| (7) | Any public official who conducts an inspection pursuant to paragraphs (1), (2) and (6) shall carry identification indicating his/her authority and present it to interested persons. <Amended by Act No. 11753, Apr. 5, 2013> |
| (8) | Detailed matters necessary to designate, manage and inspect, etc. of aviation security supervisors pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 33-2 (Voluntary Reports on Aviation Security) |
| (1) | A person who comes to learn facts which are to or may undermine the security of civil aviation, and which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, may make a report thereon (hereafter in this Article referred to as “aviation security voluntary reports”) to the Minister of Land, Infrastructure and Transport. |
| (2) | The Minister of Land, Infrastructure and Transport shall not disclose the identity of a person who makes a voluntary report on aviation security against his/her will, and shall not use the details of the report for purposes, other than preventing security accidents or ensuring aviation security. |
| (3) | An airport operator, etc. shall neither fire his/her executive officers or employees, transfer them to other positions, subject them to disciplinary actions, nor otherwise give them any disadvantage in terms of their status or treatment on the ground that they make an aviation security voluntary report. |
| (4) | The Minister of Land, Infrastructure and Transport may entrust the duties related to the receipt, analysis and dissemination of a voluntary report on aviation security provided for in paragraphs (1) and (2) to the Korea Transportation Safety Authority established under the Korea Transportation Safety Authority Act, as prescribed by Presidential Decree. In such cases, the executive officers and employees of the Korea Transportation Safety Authority who are engaged in the entrusted duties shall be deemed to be public officials in applying Article 129 through 132 of the Criminal Act. <Amended by Act No. 14939, Oct. 24, 2017> |
| (5) | Matters necessary for methods for making a voluntary report on aviation security, procedures for processing the report, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 11753, Apr. 5, 2013]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 34 (Financial Support) |
The State may subsidize expenses incurred in performing duties related to aviation security within the budget. <Amended by Act No. 11753, Apr. 5, 2013>
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| (1) | The Minister of Land, Infrastructure and Transport may take necessary measures, such as corrective orders, against any conduct violating this Act or any order or disposition issued under this Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14954, Oct. 24, 2017> |
| (2) | In order to ensure the safety and suitability of aviation security equipment, the Minister of Land, Infrastructure and Transport may provide guidance and supervision to the certification institution and testing institution to the extent it is necessary. <Newly Inserted by Act No. 14954, Oct. 24, 2017> |
| (3) | Where it is deemed necessary for supervision prescribed in paragraph (2), the Minister of Land, Infrastructure and Transport may issue an order related to the operation and business handling of the certification institution and testing institution, and require public officials under his/her jurisdiction to inspect their books, statements, facilities, etc. In such cases, any public official who conducts the inspection shall carry a certificate indicating his/her authority and present it to related persons. <Newly Inserted by Act No. 14954, Oct. 24, 2017> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 35-2 (Establishment of Aviation Security Information System) |
| (1) | The Minister of Land, Infrastructure and Transport may establish and operate an aviation security information system in order to systematically manage and share aviation security information. |
| (2) | The Minister of Land, Transport and Tourism may request that an airport operator, etc. submit data or provide information necessary for building and operating the aviation security information system. In such cases, any person in receipt of such request for submission of data or provision of information shall comply with such request, except in extenuating circumstances. |
[This Article Newly Inserted by Act No. 14870, Aug. 9, 2017]
| Article 36 Deleted. <by Act No. 11244, Jan. 26, 2012> |
Where the Minister of Land, Infrastructure and Transport intends to render any of the following dispositions of revocation, he/she shall hold a hearing: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11753, Apr. 5, 2013; Act No. 12257, Jan. 14, 2014; Act No. 14954, Oct. 24, 2017>
| 1. | Revoking designation of an entrusted enterprise prescribed in Article 15 (8) (including cases applied mutatis mutandis in the latter part of Article 16 (1), the latter part of paragraph (2) of the same Article, and Article 17 (5)); |
| 2. | Revoking designation of a known consignor prescribed in Article 17-3 (1); |
| 3. | Revoking designation of a testing institution prescribed in Article 27-5; |
| 4. | Revoking designation of an educational institution prescribed in Article 28 (4). |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 38 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport may delegate part of his/her authority granted under this Act to the commissioner of a regional aviation administration, as prescribed by Presidential Decree. In such cases, the commissioner of a regional aviation administration may re-delegate part of the delegated authority to the head of an agency under his/her control by obtaining approval from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11753, Apr. 5, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may entrust part of his/her authority under this Act to other administrative agencies or any person who is not an administrative agency, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 38-2 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
The executive officers and employees of the certification institution or testing institution who are performing duties related to performance certification or performance evaluation tests of aviation security equipment shall be regarded as public officials in applying Articles 129 through 132 of the Criminal Act. [This Article Newly Inserted by Act No. 14954, Oct. 24, 2017]
CHAPTER VIII PENALTY PROVISIONS
| Article 39 (Crimes of Causing Damage to Aircraft) |
| (1) | Any person who causes damage to an aircraft sufficient to harm the safety of the aircraft in flight (excluding any person prescribed in Article 138 (1) of the Aviation Safety Act) shall be punished by death penalty, imprisonment with labor for an indefinite term or imprisonment with labor for at least five years. <Amended by Act No. 14116, Mar. 29, 2016> |
| (2) | Any person who causes damage to an aircraft sufficient to harm the safety of the aircraft on the apron shall be punished by imprisonment with labor for not more than seven years. |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 40 (Crime of Hijacking Aircraft, etc.) |
| (1) | Any person who hijacks an aircraft or forces its flight by use of force, intimidation or other means shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for not less than seven years. |
| (2) | Any person who kills or injures any person by committing a crime referred to in paragraph (1) shall be punished by death penalty or imprisonment with labor for an indefinite term. |
| (3) | An attempt to commit a crime referred to in paragraph (1) shall be punished. |
| (4) | Any person who prepares or conspires for the purpose of committing a crime referred to in paragraph (1) or (2) shall be punished by imprisonment with labor for not more than five years: Provided, That if any person who surrenders him/herself before he/she puts his/her intended crime into practice, his/her sentence may be mitigated or exempted. |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 41 (Crimes of Causing Damage to Aviation Facilities) |
| (1) | Any person who impedes the safe flight of aircraft by causing damage to aviation facilities related to the flight of aircraft or by impeding the operation of such aviation facilities (excluding any person prescribed in Article 140 of the Aviation Safety Act), shall be punished by imprisonment with labor for up to ten years. <Amended by Act No. 14116, Mar. 29, 2016; Act No. 14954, Oct. 24, 2017> |
| (2) | A person who commits a crime prescribed in paragraph (1), causing the death or injury of any other person, shall be punished by capital punishment, imprisonment with labor for an indefinite term, or imprisonment with labor for at least seven years. <Newly Inserted by Act No. 14954, Oct. 24, 2017> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 42 (Crime of Altering Course of Aircraft) |
Any person who impedes the normal flight of an aircraft by forcing the aircraft in flight to alter course by fraudulent means or by force shall be punished by imprisonment with labor for at least one year but not more than ten years.
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 43 (Crime of Interference in Execution of Duties) |
Any person who harms the safety of an aircraft and its passengers by interfering with the legitimate execution of duties of the captain, etc. by use of force, intimidation or by fraudulent means shall be punished by imprisonment with labor for not more than ten years.
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 44 (Crime of Carrying Prohibited Items onto Aircraft) |
Any person who carries or loads dangerous and prohibited goods onto an aircraft or have another person carry or load them, in violation of Article 21, shall be punished by imprisonment with labor for at least two years but not more than five years or by a fine not less than 20 million won but not more than 50 million won. <Amended by Act No. 14870, Aug. 9, 2017> [This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 45 (Crimes of Interference with Airport Operations) |
Any person who interferes with the operation of an airport by circulating false facts, using force, intimidation and fraudulent means shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended by Act No. 11753, Apr. 5, 2013>
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 46 (Crimes of Violence, etc. on Aircraft) |
| (1) | Any person who engages in violence, intimidation, or deceptive conduct, or manipulates the entrance, emergency exit or devices, hindering the security or flight of an aircraft, in violation of Article 23 (2), shall be punished by imprisonment with labor for up to ten years. |
| (2) | Any person who assaults others on an aircraft, in violation of Article 23 (2), shall be punished by imprisonment with labor for up to five years. |
[This Article Wholly Amended by Act No. 14724, Mar. 21, 2017]
| Article 47 (Crimes of Occupation of and Staging Sit-in Demonstration on Aircraft) |
Any person who occupies an aircraft or stages a sit-in demonstration thereon, in violation of Article 23 (3), shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended by Act No. 11753, Apr. 5, 2013> [This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 48 (Crimes of Providing Information Impeding Flight) |
Any person who provides false information for the purpose of impeding a flight shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended by Act No. 11753, Apr. 5, 2013>
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 49 (Penalty Provisions) |
| (1) | A person who hinders the duties of the captain, etc. by fraudulent means or by force, in violation of Article 23 (1) 7, shall be punished by imprisonment with labor for up to ten years or by a fine not exceeding 100 million won. <Newly Inserted by Act No. 13811, Jan. 19, 2016; Act No. 14724, Mar. 21, 2017> |
| (2) | Any of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won: <Amended by Act No. 14724, Mar. 21, 2017> |
| 1. | Any person who attempts to enter a cockpit, in violation of Article 23 (1) 6; |
| 2. | Any person who fails to follow the instructions of a captain, etc., in violation of Article 23 (4). |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
| Article 50 (Penalty Provisions) |
| (1) | Any person who obstructs duties of an aviation security screening officer providing security screening services in the airport or the duties of a person controlling access to the security restricted area, or who injures his/her body, by violence, etc. shall be punished by imprisonment with labor for up to five years or by a fine not exceeding 50 million won. |
| (2) | Any of the following persons on an aircraft in flight shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won: |
| 1. | A person who makes a noise, such as abusive languages, loud singing, etc., in violation of Article 23 (1) 1; |
| 2. | A person who does harm to other persons after drinking alcohol or taking drugs, in violation of Article 23 (1) 3. |
| (3) | Any of the following persons shall be punished by a fine not exceeding 50 million won: |
| 1. | A person who fails to formulate self security program, in violation of Article 10 (2); |
| 2. | A person who fails or neglects to provide security screening services, in violation of Article 15; |
| 3. | A person who fails to formulate self contingency plan, in violation of Article 31 (2). |
| (4) | Any of the following persons shall be punished by a fine not exceeding 30 million won: |
| 1. | A person who fails to acquire approval for self security program, in violation of Article 10 (2); |
| 2. | A person who fails or neglects to provide security screening services, in violation of Article 16 or 17; |
| 3. | A person who fails to acquire approval for self contingency plan, in violation of Article 31 (3). |
| (5) | Any of the following persons on an aircraft on the apron shall be punished by a fine not exceeding 20 million won: |
| 1. | A person who makes a noise, such as abusive languages, loud singing, etc., in violation of Article 23 (1) 1; |
| 2. | A person who does harm to other persons after drinking alcohol or taking drugs, in violation of Article 23 (1) 3. |
| (6) | Any of the following persons on an aircraft in flight shall be punished by a fine not exceeding 10 million won: |
| 1. | A person who smokes, in violation of Article 23 (1) 2; |
| 2. | A person who causes sexual humiliation to others, in violation of Article 23 (1) 4; |
| 3. | A person who uses electronic equipment, in violation of Article 23 (1) 5. |
| (7) | Any of the following persons on an aircraft on the apron shall be punished by a fine not exceeding five million won: |
| 1. | A person who smokes, in violation of Article 23 (1) 2; |
| 2. | A person who causes sexual humiliation to others, in violation of Article 23 (1) 4; |
| 3. | A person who uses electronic equipment, in violation of Article 23 (1) 5. |
| (8) | Any person who enters a security restricted area without permission from an airport operator, in violation of Article 13 (1), shall be punished by a fine not exceeding one million won. |
[This Article Wholly Amended by Act No. 14724, Mar. 21, 2017]
| Article 50-2 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent or employee of, or any other person employed, by a corporation or an individual commits an offence under Article 50 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 by a fine under the relevant provisions: Provided, That the same 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 offence. [This Article Newly Inserted by Act No. 11753, Apr. 5, 2013]
| Article 51 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding ten million won: <Amended by Act No. 11753, Apr. 5, 2013; Act No. 13811, Jan. 19, 2016; Act No. 14954, Oct. 24, 2017> |
| 1. | Any person who fails to execute self security program approved under Article 10 (2) (limited to the parts related to a national civil aviation security program only); |
| 2. | Any aircraft operator who fails to have an in-flight security officer on the aircraft, in violation of Article 14 (2); |
| 3. | Any aircraft operator who fails to conduct security checks on the aircraft, in violation of Article 14 (4); |
| 4. | Any aircraft operator who fails to take measures for transit passengers or transfer passengers to disembark from an aircraft with their cabin baggage, in violation of Article 17 (1); |
| 5. | Any person who fails to make a report to the Minister of Land, Infrastructure and Transport, in violation of Article 19 (1); |
| 5-2. | Any aircraft operator who employs the captain, etc. who fails to transfer an offender who has committed a crime in a cabin, in violation of Article 25 (1), to a relevant national police agency; |
| 6. | Any person who fails to use aviation security equipment certified for its performance by the Minister of Land, Infrastructure and Transport, in violation of Article 27; |
| 6-2. | Any certification institution or testing institution that violates the standards, procedures, etc. for certifying the performance of aviation security equipment prescribed in Article 27; |
| 7. | Any person who fails to execute self contingency plan approved under Article 31 (3) (limited to the parts related to a contingency plan for national aviation security); |
| 8. | Any person who fails to take security measures prescribed in Article 32; |
| 9. | Any person who fails to comply with the corrective measures or orders provided for in Article 33 (4); |
| 10. | Any person who gives any disadvantage, in violation of Article 33-2 (3); |
| 11. | Any person who fails to implement necessary measures, such as corrective orders, etc. provided for in Article 35. |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Newly Inserted by Act No. 11753, Apr. 5, 2013; Act No. 14870, Aug. 9, 2017> |
| 1. | Any aircraft operator who fails to provide information to passengers prescribed in Article 23 (9); |
| 2. | Any person who fails to produce and keep a security screening record, in violation of Article 29; |
| 3. | Any person who fails to submit the documents or materials necessary for conducting an inspection as prescribed in Article 33 (3) or who submits false materials. |
| (3) | Any person who fails to disembark from an aircraft without carrying his/her cabin baggage despite the instructions of an aircraft operator pursuant to Article 17 (1) shall be punished by an administrative fine not exceeding one million won. <Amended by Act No. 11753, Apr. 5, 2013> |
| (4) | Administrative fines pursuant to paragraphs (1) through (3) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended by Act No. 11753, Apr. 5, 2013> |
[This Article Wholly Amended by Act No. 10160, Mar. 22, 2010]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That the amendments to Articles 6 and 38 shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures Concerning Security Screening) Any person who performs security screening at the time this Act enters into force at an airport shall continue to perform the security screening until the relevant airport operator and the relevant air carrier take over security screening. |
ADDENDA <Act No. 7050, Dec. 31, 2003>
| (1) | (Enforcement Date) This Act shall enter into force on April 1, 2004. |
| (2) | (Applicability to Security Screening of In Transit or Transfer Passengers, etc.) The amended provisions of Articles 17 and 50 (1) 2 and 3 shall apply, starting with the in transit or transfer passengers and their baggage of an aircraft that lands first at airport after this Act enters into force. |
| (3) | (Transitional Measures Concerning Security Screening Services) Every air carrier shall conduct the security screening services of in transit or transfer passengers and their baggage until every airport operator takes over the security screening services at the time this Act enters into force. |
ADDENDUM <Act No. 7472, Mar. 31, 2005>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 7691, Nov. 8, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force eight months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 7849, Feb. 21, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006. (Proviso Omitted.)
Articles 2 through 41 Omitted.
ADDENDUM <Act No. 7926, Mar. 24, 2006>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 7988, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDUM <Act No. 8129, Dec. 28, 2006>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8787, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
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. 9074, Mar. 28, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 9779, Jun. 9, 2009>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 23 (7) shall enter into force three months after the date of its promulgation; and the amended provisions of Article 17 (3) through (5) shall enter into force on January 1, 2010. |
| (2) | (Transitional Measures concerning Penalty Provisions) When the penalty provisions apply to acts conducted before this Act enters into force, the previous provisions shall apply. |
ADDENDA <Act No. 9780, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10160, Mar. 22, 2010>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures) An execution plan for the aviation safety and security which an airport operator, etc. has formulated and obtained approval of the Minister of Land, Transport and Maritime Affairs pursuant to the previous provisions as at the time this Act enters into force shall be deemed self security program formulated and approved pursuant to the amended provisions of Article 10 (2). |
ADDENDA <Act No. 11244, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11753, Apr. 5, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Aviation Safety Council, etc.)
| (1) | The Aviation Safety Council established in accordance with the previous provisions as at the time this Act enters into force shall be deemed the National Civil Aviation Security Committee prescribed in the amended provisions of Article 7. |
| (2) | The Airport Safety and Operation Council established in accordance with the previous provisions as at the time this Act enters into force shall be deemed the Regional Civil Aviation Security Council prescribed in the amended provisions of Article 8. |
Article 3 (Transitional Measures concerning Master Plans on Aviation Safety and Security)
The master plan for aviation safety and security formulated in accordance with the previous provisions as at the time this Act enters into force shall be deemed the master plan on aviation security prescribed in the amended provisions of Article 9. Article 4 (Transitional Measures concerning Public Announcement on Aviation Safety and Security Equipment)
The public announcement on aviation safety and security equipment made by the Minister of Land, Infrastructure and Transport in accordance with the previous provisions as at the time this Act enters into force shall be deemed public announcement on aviation security equipment prescribed in the amended provisions of Article 27 (2). Article 5 (Transitional Measures concerning Contingency Plans for National Aviation Security, etc.)
| (1) | The Minister of Land, Infrastructure and Transport shall formulate a contingency plan for national aviation security in accordance with the amended provisions of Article 31 (1) within three months from the date when this Act enters into force. |
| (2) | The contingency plan formulated by an airport operator, etc. and approved in accordance with the previous provisions as at the time this Act enters into force shall be deemed an airport operator’s own contingency plan approved by the Minister of Land, Infrastructure and Transport prescribed in the amended provisions of Article 31 (3). |
Article 6 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The application of penalty provisions and administrative fines to acts committed before this Act enters into force shall be governed by the previous provisions.
Article 7 Omitted.
ADDENDUM <Act No. 11932, Jul. 16, 2013>
This Act shall enter into force on April 6, 2014.
ADDENDUM <Act No. 12257, Jan. 14, 2014>
This Act shall enter into force on April 6, 2014.
ADDENDUM <Act No. 13811, Jan. 19, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14113, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 18 Omitted.
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.
ADDENDUM <Act No. 14724, Mar. 21, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 14870, Aug. 9, 2017>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 17-2 (3) and 35-2 shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 14939, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2018.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14954, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Certification of Performance of Aviation Security Equipment)
| (1) | Notwithstanding the amended provisions of Article 27 (1), in cases of aviation security equipment certified for its performance by an institution of manufacturing countries, etc. which is authorized to certify the performance of aviation security equipment, among the aviation security equipment that has been in use from before this Act enters into force, an equipment operator may use such aviation security equipment until the end of its useful life, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Notwithstanding the amended provisions of Article 27 (1), until aviation security equipment being produced after acquiring performance certification of the Minister of Land, Infrastructure and Transport is certified for its performance by at least two manufacturing companies, any equipment operator may use the existing aviation security equipment certified by an institution of manufacturing countries, etc. which is authorized to certify the performance of aviation security equipment. |