ENFORCEMENT DECREE OF THE AEROSPACE INDUSTRY DEVELOPMENT PROMOTION ACT
Presidential Decree No. 12849, Dec. 13, 1989
Amended by Presidential Decree No. 13870, Mar. 6, 1993
Presidential Decree No. 13922, Jul. 1, 1993
Presidential Decree No. 14438, Dec. 23, 1994
Presidential Decree No. 14447, Dec. 23, 1994
Presidential Decree No. 16093, Jan. 29, 1999
Presidential Decree No. 16132, Feb. 26, 1999
Presidential Decree No. 16326, May 24, 1999
Presidential Decree No. 19321, Feb. 8, 2006
Presidential Decree No. 19393, Mar. 23, 2006
Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 20343, Oct. 26, 2007
Presidential Decree No. 20678, Feb. 29, 2008
Presidential Decree No. 21888, Dec. 15, 2009
Presidential Decree No. 22977, jun. 24, 2011
Presidential Decree No. 24442, Mar. 23, 2013
Presidential Decree No. 24784, Oct. 4, 2013
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26186, Apr. 7, 2015
Presidential Decree No. 26248, May 26, 2015
Presidential Decree No. 26435, Jul. 24, 2015
Presidential Decree No. 27506, Sep. 22, 2016
Presidential Decree No. 28212, Jul. 26, 2017
The purpose of this Decree is to prescribe matters mandated by the Aerospace Industry Development Promotion Act and matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 16132, Feb. 26, 1999; Presidential Decree No. 19393, Mar. 23, 2006>
| Article 2 (Other Vehicles Usable for Flight and Space Flight) |
| (1) | "Other vehicles usable for flight, prescribed by Presidential Decree" under subparagraph 2 of Article 2 of the Aerospace Industry Development Promotion Act (hereinafter referred to as the "Act") means any of the following: <Amended by Presidential Decree No. 16132, Feb. 26, 1999; Presidential Decree No. 19393, Mar. 23, 2006> |
| 2. | Induced or self-regulated aircrafts; |
| 3. | Ground training vehicles and flight training devices for aviation; |
| 4. | Aircrafts specially designed for surface driving. |
| (2) | "Other vehicles usable for space flight prescribed by Presidential Decree" under subparagraph 3 of Article 2 of the Act means any of the following: |
| 2. | Space ballistic missiles; |
| 3. | Transfer orbit propellant rockets; |
| 5. | Ground training vehicles and flight training devices for space flight. |
| Article 3 (Establishment of Master Plan for Aerospace Industry Development) |
| (1) | The Minister of Trade, Industry and Energy shall establish the master plan for the aerospace industry development under Article 3 of the Act (hereinafter referred to as "master plan") in consultation with the heads of the relevant administrative agencies. The same shall apply in cases of changing such plan. <Amended by Presidential Decree No. 13870, Mar. 6, 1993; Presidential Decree No. 16132, Feb. 26, 1999; Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| (2) | When the Minister of Trade, Industry and Energy establishes a master plan, he/she may notify the heads of the relevant administrative agencies of matters necessary to determine the schedule for establishing the master plan and preparing instructions thereof, and request them to submit necessary materials such as matters to be included in the master plan. <Amended by Presidential Decree No. 13870, Mar. 6, 1993; Presidential Decree No. 16132, Feb. 26, 1999; Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| (3) | "Matter prescribed by Presidential Decree" under Article 3 (1) 9 of the Act means any of the following: <Newly amended by Presidential Decree No. 20343, Oct. 26, 2007; Presidential Decree No. 24784, Oct. 4, 2013> |
| 1. | Matters concerning dissemination of research results of aerospace scientific technologies and protection and management of the relevant intellectual property rights thereof; |
| 2. | Matters concerning exhibition and advertisement for mutual exchanges and promotion of understanding of aerospace scientific technologies. |
| Article 4 (Public Notification of Master Plans) |
Where the Minister of Trade, Industry and Energy establishes and changes the master plan, he/she shall publicly announce such fact: Provided, That with respect to matters among the master plan that are deemed difficult to be announced publicly, he/she may notify such matters only to such persons as deemed necessary, such as defense contractors designated by the provisions of Article 35 (1) of the Defense Acquisition Program Act, in consultation with the heads of the relevant administrative agencies. <Amended by Presidential Decree No. 13870, Mar. 6, 1993; Presidential Decree No. 16132, Feb. 26, 1999; Presidential Decree No. 19321, Feb. 8, 2006; Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013>
| Article 5 (Planning Period of Master Plan, etc.) |
The master plan shall have the planning period of at least five years.
| Article 6 (Establishment and Implementation of Implementation Plans) |
When the master plan is publicly announced in accordance with Article 4, each head of the administrative agency shall establish and implement an implementation plan every year pursuant to the master plan.
| Article 7 (Reporting of Results) |
| (1) | Each head of the administrative agency shall notify the Minister of Trade, Industry and Energy of the implementation results of the implementation plan under Article 6 to the Minister of Trade, Industry and Energy by the last day of February of the following year. <Amended by Presidential Decree No. 13870, Mar. 6, 1993; Presidential Decree No. 16132, Feb. 26, 1999; Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy shall report the implementation results after compiling them in accordance with paragraph (1) every year to the Aerospace Industry Development Policy Council under Article 14 of the Act (hereinafter referred to as the "Council"). <Amended by Presidential Decree No. 13870, Mar. 6, 1993; Presidential Decree No. 16132, Feb. 26, 1999; Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| Article 7-2 (Promotion, etc. of Aerospace Industry) |
| (1) | "Other projects prescribed by Presidential Decree" of Article 4 (1) 7 of the Act means any of the following projects: <Amended by Presidential Decree No. 24784, Oct. 4, 2013> |
| 1. | Projects concerning development of fixed wing aircraft for training or attack; |
| 2. | Projects concerning international joint development related to aerospace industry; |
| 3. | Projects concerning improvement or reconstruction of aircraft and spacecraft, etc. |
| (2) | "Entities prescribed by Presidential Decree" of Article 4 (2) 5 of the Act means any of the following: <Amended by Presidential Decree No. 21888, Dec. 15, 2009; Presidential Decree No. 22977, Jun. 24, 2011; Presidential Decree No. 26186, Apr. 7, 2015; Presidential Decree No. 26248, May 26, 2015; Presidential Decree No. 27506, Sep. 22, 2016> |
[This Article Newly Inserted by Presidential Decree No. 19393, Mar. 23, 2006]
| Article 7-3 (Payment, etc. of Contributions) |
| (1) | Where the head of the relevant central administrative agency pays contributions under Article 4 (3) of the Act to a person falling under the subparagraphs of Article 4 (2) of the Act (hereinafter referred to as "project implementer"), he/she shall pay the contributions by installment: Provided, That he/she may make lump sum payment where it is necessary in consideration of the scope, a nature, starting time, etc. of the relevant project. |
| (2) | Any project implementer to whom contributions are paid under paragraph (1) shall create a separate account for the contributions and manage such account. |
| (3) | Any project implementer shall consume the contributions paid under paragraph (1) for the following: |
| 1. | Personnel expenses such as internal personnel expenses and external personnel expenses; |
| 2. | Direct expenses such as expenses for research equipment and facilities, material expenses, and production expenses of prototypes; |
| 3. | Indirect expenses such as indirect expenses, technical development reserve, and expenses for application and registration of intellectual property rights; |
| 4. | Expenses for research and development commissioned; |
| 5. | Other expenses accompanied with research and development. |
| (4) | Where a project implementer spends contributions under paragraph (1) for the purpose except as provided in paragraph (3) without any justifiable reason, the head of the relevant central administrative agency may retrieve the contributions therefrom. |
[This Article Newly Inserted by Presidential Decree No. 20343, Oct. 26, 2007]
| Articles 8 and 9 Deleted. <by Presidential Decree No. 26186, Apr. 7, 2015> |
| Article 9-2 (Designation, etc. of Specialized Complex) |
| (1) | The Minister of Trade, Industry and Energy may designate an area that fulfills all of the following requirements as a specialized aerospace industry complex provided for in Article 8-2 of the Act (hereinafter referred to as "specialized complex"): |
| 2. | At least ten business entities engaging in the aerospace industry (applicable to a business entity that has 50/100 or more of sales in aerospace industry from the total sales per year) which has collectively moved to or is scheduled to move to an industrial complex. |
| (2) | The head of central administrative agency or the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, or the Special Self-Governing Province Governor may request the Minister of Trade, Industry and Energy to designate an area fulfilling all of the requirements provided for in the subparagraphs of paragraph (1) as a specialized complex. |
| (3) | Where the Minister of Trade, Industry and Energy intends to designate a specialized complex under paragraph (1) or (2), he/she shall consider the following, and consult with the head of the relevant central administrative agency thereon: |
| 1. | Potential of development in connection with the main industry in the surrounding area in which a special complex is located and to aerospace industry; |
| 2. | Impact of the designation of a specialized complex on the overall aerospace industry. |
| (4) | Matters necessary for the designation and management of a specialized complex other than those provided for in paragraphs (1) through (3) shall be determined and announced by the Minister of Trade, Industry and Energy. |
[This Article Newly Inserted by Presidential Decree No. 24784, Oct. 4, 2013]
| Article 9-3 (Support for Specialized Complexes) |
| (1) | The Minister of Trade, Industry and Energy may provide the expenses fully or partially to persons who implement the following projects in specialized complexes: |
| 1. | Projects concerning establishment and operation of infrastructure facilities, joint support facilities, and joint facilities necessary for research and development for facilitating the aggregation of aerospace industry; |
| 2. | Projects concerning production of aerospace industry and training of professional human resources; |
| 3. | Projects necessary for promotion of aerospace industry. |
| (3) | Detailed matters necessary for providing support for specialized complexes other than matters provided in paragraphs (1) and (2) shall be determined and announced by the Minister of Trade, Industry and Energy. |
[This Article Newly Inserted by Presidential Decree No. 24784, Oct. 4, 2013]
| Article 10 (Application for Support of Funds, etc.) |
Any person who intends to be supported with long-term low interest funds and expenses for research and development projects under Article 12 of the Act shall submit the application to the Minister of Trade, Industry and Energy or the head of the relevant administrative agency. <Amended by Presidential Decree No. 13870, Mar. 6, 1993; Presidential Decree No. 16132, Feb. 26, 1999; Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013>
| Article 11 (Rental, etc. of State-Owned Facilities and Equipment) |
| (1) | Pursuant to Article 13 (1) of the Act, the Minister of Trade, Industry and Energy shall request the relevant administrative agencies that own and operate the following facilities and equipment (hereinafter referred to as "managing agency") to inform him/her of the kind and quantities, etc. of State-owned facilities and equipment which are allowed to be rented, transferred, used, or profited from: <Amended by Presidential Decree No. 13870, Mar. 6, 1993; Presidential Decree No. 16132, Feb. 26, 1999; Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | Facilities for research, development, and production and their parts; |
| 2. | Facilities for inspection, measurement, and testing and their parts; |
| 3. | Building for production and inspection; |
| 4. | Facilities for flight including airfield facilities; |
| 5. | Facilities for space launch; |
| 6. | Other facilities or equipment with which the Minister of Trade, Industry and Energy deems necessary for business entities engaged in the aerospace industry to be rented, transferred, used, or profited from. |
| (2) | Any managing agency, upon request under paragraph (1), shall inform such matters to the Minister of Trade, Industry and Energy unless any special reason exists. <Amended by Presidential Decree No. 13870, Mar. 6, 1993; Presidential Decree No. 16132, Feb. 26, 1999; Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| (3) | Where the Minister of Trade, Industry and Energy is notified of the information under paragraph (2) by a managing agency, he/she shall announce such information publicly. <Amended by Presidential Decree No. 13870, Mar. 6, 1993; Presidential Decree No. 16132, Feb. 26, 1999; Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| (4) | In any of the following cases, facilities, equipment, etc. of the subparagraphs of paragraph (1) may be rented, used, or profited from by any business entity engaged in the aerospace industry without charge: <Amended by Presidential Decree No. 16132, Feb. 26, 1999> |
| 1. | Where it is necessary for research, development, quality inspection, or production; |
| 2. | Where there is a risk of any disruption to the research, development, or production, as it may take a long time to repair defects in facilities or equipment that are owned and operated by a business entity engaging in the aerospace industry, or it is not possible to repair such defects; |
| 3. | Where there is a risk of any disruption to research, development, or production, as it is difficult to buy the relevant facilities or equipment or introduce such facilities or equipment from a foreign country, or it takes a long time to buy them; |
| 4. | Where it is not possible to research, develop, or produce, as the production facilities are destroyed by force majeure. |
| (5) | A managing agency may be transferred with State-owned facilities, equipment, etc. without charge under Article 13 (1) of the Act, in any of the following cases: |
| 1. | Where it is inappropriate to return those that are State-owned facilities, equipment, etc. of subparagraph 1 or 2 of paragraph (1), after use; |
| 2. | Where a managing agency processes disuse of those that are State-owned facilities, equipment, etc. of subparagraph 1 or 2 of paragraph (1). |
| Article 12 (Application, etc. by Business Entities Engaging in Aerospace Industry) |
| (1) | Where a business entity engaging in the aerospace industry intends to rent, be transferred, use, or profit from the State-owned facilities,equipment, etc. publicly announced under Article 11 (3) with or without charge, he/she shall apply to the relevant managing agency upon receipt of recommendation of the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 13870, Mar. 6, 1993; Presidential Decree No. 16132, Feb. 26, 1999; Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| (2) | Where more than two persons have applied for recommendation under paragraph (1), the Minister of Trade, Industry and Energy shall determine a person to be recommended in accordance with the criteria prescribed by the mater plan or Ordinance of Trade, Industry and Energy. <Amended by Presidential Decree No. 13870, Mar. 6, 1993; Presidential Decree No. 16132, Feb. 26, 1999; Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| Article 13 (Matters to Be Deliberated by Council) |
"Other matters prescribed by Presidential Decree" in subparagraph 5 of Article 15 of the Act means matters that the Chairperson deems necessary and requests deliberation thereon, or that the Working Committee under Article 16 (4) of the Act (hereinafter referred to as the "Working Committee") makes proposal of or presents. <Amended by Presidential Decree No. 19393, Mar. 23, 2006; Presidential Decree No. 20343, Oct. 26, 2007; Presidential Decree No. 21888, Dec. 15, 2009>
| Article 14 (Members of Council) |
| (1) | The members of the Council shall be as follows: <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 21888, Dec. 15, 2009; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28212, Jul. 26, 2017> |
| 1. | First Vice Minister of Strategy and Finance; |
| 2. | First Vice Minister of Science and ICT; |
| 3. | Vice Minister of National Defense; |
| 4. | Second Vice Minister of Land, Infrastructure and Transport; |
| 5. | Second Deputy Administrator for State Affairs of Office for Government Policy Coordination; |
| 6. | Director of Defense Acquisition Program Administration; |
| 7. | Deleted. <by Presidential Decree No. 26435, Jul. 24, 2015> |
| (2) | Deleted. <by Presidential Decree No. 26435, Jul. 24, 2015> |
| (1) | The Chairperson shall represent the Council and oversee the affairs of the Council. <Amended by Presidential Decree No. 26186, Apr. 7, 2015> |
| (2) | Where the Chairperson has an accident, the member designated by the Chairperson in advance shall perform the duties on behalf of the Chairperson. |
| (1) | The Chairperson shall convene the meeting of the Council and be the president. |
| (2) | A meeting shall be held by the attendance of the majority of members and be decided by the consent of the majority of present members. |
| (1) | The Council shall have one secretary to process the affairs of the Council. |
| (2) | The Chairperson shall appoint the secretary under paragraph (1) from the public officials of the Ministry of Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21888, Dec. 15, 2009]
| Article 18 (Working Committee) |
| (1) | The Working Committee consists of not more than fifteen members including one Chairperson. <Amended by Presidential Decree No. 19393, Mar. 23, 2006> |
| (2) | The Chairperson shall appoint members of the Working Committee from among the public officials who are the members of the Senior Executive Service of each relevant administrative agency specified under Article 14 (1) 1 through 6. <Amended by Presidential Decree No. 13870, Mar. 6, 1993; Presidential Decree No. 16132, Feb. 26, 1999; Presidential Decree No. 19393, Mar. 23, 2006; Presidential Decree No. 21888, Dec. 15, 2009; Presidential Decree No. 26435, Jul. 24, 2015> |
| (3) | Deleted. <by Presidential Decree No. 26435, Jul. 24, 2015> |
| (4) | The Council shall have one secretary, and the Chairperson shall appoint the secretary. <Newly inserted by Presidential Decree No. 19393, Mar. 23, 2006> |
| (5) | With respect to operation, etc. of the Working Committee, Articles 15 and 16 shall apply mutatis mutandis. <Amended by Presidential Decree No. 19393, Mar. 23, 2006> |
Any member among members of the Council and the Working Committee who attends a meeting and any relevant expert who is requested to present in order to hear his/her opinions may be paid allowances: Provided, That where a member who is a public official attends a meeting that is directly related to matters under his/her jurisdiction. <Amended by Presidential Decree No. 19393, Mar. 23, 2006>
| Articles 19-2 and 19-3 Deleted. <by Presidential Decree No. 26186, Apr. 7, 2015> |
| Article 20 (Detailed Rules of Operation) |
Matters necessary for the operation of the Council and the Working Committee other than those provided for in this Decree shall be determined by each Chairperson by approval of the Council and the Working Committee. <Amended by Presidential Decree No. 19393, Mar. 23, 2006>
| Article 21 Deleted. <by Presidential Decree No. 16093, Jan. 29, 1999> |
| Articles 22 and 23 Deleted. <by Presidential Decree No. 16132, Feb. 26, 1999> |
ADDENDA
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Repeal of Other Statutes) The Enforcement Decree of the Aircraft Industry Promotion Act shall be repealed. |
ADDENDA <Presidential Decree No. 13870, Mar. 6, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 13922, Jul. 1, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 1993.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 14438, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 14447, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 16093, Jan. 29, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 16132, Feb. 26, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 16326, May 24, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19321, Feb. 8, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 19393, Mar. 23, 2006>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 18 (2) (limited to matters concerning the Senior Executive Service) shall enter into force on July 1, 2006.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 20343, Oct. 26, 2007>
This Decree shall enter into force on October 28, 2007.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 21888, Dec. 15, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22977, Jun. 24, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 24784, Oct. 4, 2013>
This Decree shall enter into force on October 6, 2013.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
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.
ADDENDUM <Presidential Decree No. 26186, Apr. 7, 2015>
This Decree shall enter into force on July 29, 2015.
ADDENDA <Presidential Decree No. 26248, May 26, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 28, 2015.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 26435, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27506, Sep. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 23, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28212, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.