ENFORCEMENT DECREE OF THE AVIATION SAFETY ACT
Presidential Decree No. 27971, Mar. 29, 2017
Amended by Presidential Decree No. 28077, May 29, 2017
Presidential Decree No. 28193, Jul. 17, 2017
Presidential Decree No. 28419, Nov. 7, 2017
Presidential Decree No. 28830, Apr. 24, 2018
Presidential Decree No. 28986, Jun. 19, 2018
The purpose of this Decree is to prescribe matters delegated by the Aviation Safety Act and those necessary for the enforcement thereof.
| Article 2 (Scope of Aircraft) |
| 1. | An apparatus which exceeds the standards determined by Ministerial Decree of Land, Infrastructure and Transport, in terms of maximum take-off weight, number of seats, speed, empty weight or other factors; |
| 2. | A spacecraft flying in and out of the atmosphere. |
| Article 3 (Scope of Public Agency Related to Aircraft Including State Agency) |
“Any public agency ... determined by Presidential Decree” in subparagraph 2 of Article 4 of the Act means Korea National Park Service under the Korea National Park Service Act. <Amended by Presidential Decree No. 27971, May 29, 2017>
| Article 4 (Scope of Aircraft Not Requiring Registration) |
“Aircraft prescribed by Presidential Decree” in the proviso to Article 7 of the Act means any one of the following: | 1. | An aircraft used for military, customs, or police purposes: |
| 2. | An aircraft introduced for the purpose of lease to a foreign country and which is to acquire foreign nationality; |
| 3. | A domestically-manufactured aircraft whose owner other than the manufacturer has yet to be determined; |
| 4. | If an aircraft registered in a foreign country is chartered and operated under Article 5 of the Act, such aircraft. |
| Article 5 (Amounts of Penalty Surcharges for Types of Violation against Aircraft Manufacturers) |
The amounts of penalty surcharges to be imposed under Article 29 (1) of the Act, which vary depending on the types and severity of violations, shall be prescribed in Appendix 1.
| Article 6 (Imposition and Payment of Penalty Surcharges) |
| (1) | When imposing a penalty surcharge under Article 29 (1) of the Act, the Minister of Land, Infrastructure and Transport shall issue a written notification which specifies the type of violation and amount of the relevant penalty surcharge. |
| (2) | Any person notified under paragraph (1) shall pay the penalty surcharge to a receiving agency prescribed by the Minister of Land, Infrastructure and Transport within 20 days from the receipt of such notification: Provided, That where such payment cannot be made within the period due to a natural disaster or any other unavoidable cause, the payment shall be made within seven days from the date such cause ceases to exist. |
| (3) | An agency which has received the penalty surcharge under paragraph (2) shall issue a written receipt to the payer. |
| (4) | The receiving agency shall notify the Minister of Land, Infrastructure and Transport of the payment made under paragraph (2) immediately thereafter. |
| Article 7 (Demand for Payment of Penalty Surcharges and Collection Thereof) |
| (1) | Where a person notified of the payment of a penalty surcharge under Article 6 (1) fails to make payment by the due date, the Minister of Land, Infrastructure and Transport shall issue a reminder within seven days after the due date. In such cases, the due date for payment shall not exceed 10 days, counting from the issuance of such reminder. |
| (2) | Where the person who has received a reminder under paragraph (1) still fails to make the payment by the due date, the Minister of Land, Infrastructure and Transport may order a public official under his or her command to initiate coercive collection in the same manner as delinquent national taxes are collected. |
| Article 8 (Person Required to Report Breakdown, Defect, or Malfunction of Aircraft) |
“The owner, etc., prescribed by Presidential Decree, such as an air operator or aircraft use business entity” in Article 33 (2) of the Act means any one of the following: | 4. | An aircraft use business entity; |
| 5. | A person who owns or borrows an airplane with maximum takeoff weight of more than 5,700 kilogram, thus being entitled to use such airplane; |
| 6. | A person who owns or borrows a helicopter with maximum takeoff weight of more than 3,175 kilogram, thus being entitled to use such helicopter. |
| Article 8-2 (Amounts of Penalty Surcharges for Types of Violation against Persons Designated as Specialized Educational Institution) |
| (1) | The amounts of penalty surcharges that can be imposed under Article 48-3 (1) of the Act, which vary depending on the types and severity of violations, shall be prescribed in Appendix 1-2. |
| (2) | Articles 6 and 7 shall apply mutatis mutandis to the imposition and payment of penalty surcharges and demand for payment thereof. |
[This Article Added by Presidential Decree No. 28830, Apr. 24, 2018]
| Article 9 (Permission for Aircraft Takeoff or Landing at Places Other Than Designated Places) |
| (1) | Special circumstances, such as emergency related to safety, provided in Article 66 (1) 1 of the Act means either of the following cases: |
| 1. | Where emergency landing for an aircraft is required due to instrument panel failure, fuel shortage, etc. during flight; |
| 2. | Where an aircraft needs to take off or land at a place other than an aerodrome, for purposes such as transportation of emergency patients, search and rescue teams, flight drill, fire extinguishment, surveillance for fire prevention, aerial shot, aerial application, supply of fuel, transportation of construction materials, and transportation of people by helicopter. |
| (2) | Any person who falls under paragraph (1) 1 and intends to obtain permission for landing under Article 66 (1) 1 of the Act shall apply for such permission to the Minister of Land, Infrastructure and Transport via radio communications, etc. In such cases, the Minister of Land, Infrastructure and Transport shall grant permission except under special circumstances. |
| (3) | Any person who falls under paragraph (1) 2 and intends to obtain permission for landing under Article 66 (1) 1 of the Act shall file an application determined by Ministerial Decree of Land, Infrastructure and Transport with the Minister of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport shall review such application and grant permission for up to six months unless it is deemed not to pose any threat to safety. |
| Article 10 (Organization of Airspace Committee) |
| (1) | The Airspace Committee under Article 80 (1) of the Act (hereinafter referred to as the “Committee”) shall be comprised of up to 15 members, including one chairperson and one vice chairperson. |
| (2) | The chairperson of the Committee shall be appointed by the Minister of Land, Infrastructure and Transport, from among members in general service of the Senior Executive Service in charge of aero business at the Ministry of Land, Infrastructure and Transport; and the vice chairperson shall be appointed by the chairperson, from among the members referred to in paragraph (3) 1. |
| (3) | The Committee shall consist of the following members: |
| 1. | One person each nominated by the head of the relevant agency, from among Grade-3 public officials or members in general service of the Senior Executive Service of the Ministry of Foreign Affairs, Ministry of National Defense, or Ministry of Trade, Industry and Energy (in the case of the Ministry of Foreign Affairs, referring to foreign service officials in the positions referred to in Article 3 (2) 2 and 3 of the Decree on the Appointment of Foreign Service Officials) or officers of corresponding ranks; |
| 2. | An officer appointed by the commander of the U.S. Forces Korea, whose rank corresponds to that of an officer under subparagraph 1, from among the officers in the U.S. forces stationed in the Republic of Korea under Article 4 of the Mutual Defense Treaty Between the Republic of Korea and the United States of America; |
| 3. | A person commissioned by the Minister of Land, Infrastructure and Transport, from among those with extensive knowledge of and experience in aviation. |
| (4) | The term of office for the members under paragraph 3 (3) shall be two years. |
| Article 11 (Functions of Committee) |
The Committee shall deliberate on the following:
| 1. | Matters regarding designation, adjustment, and management of controlled airspace, uncontrolled airspace, restricted airspace and warning areas referred to in the subparagraphs of Article 78 (1) of the Act; |
| 2. | Matters regarding formulation and revision of procedures and regulations critical to aircraft flight and aviation traffic control; |
| 3. | Matters regarding creation, change and closure of airport facilities, aviation traffic control facilities and navigation safety facilities that can have a significant impact on the structure and management of airspace; |
| 4. | Other matters regarding the measures that enable aircraft to safely and efficiently use airspace, airport facilities, aviation traffic control facilities and navigation safety facilities. |
| Article 12 (Disqualification of, Challenge to, or Refrainment by, a Member) |
| (1) | Where a member falls under any one of the following, the member shall be disqualified upon deliberation and resolution by the Committee: |
| 1. | Where the member or his or her former or current spouse is a party to the agena item at issue (including the executive officer if the party is a corporation or organization; The same apply to this subparagraph and subparagraph 2) or where the member shares certain rights and obligations with such party; |
| 2. | Where the member is or was a relative to the party to the agenda item at issue; |
| 3. | Where the member has provided a testimony, statement, advice, research, service or assessment in connection with the agenda item at issue; |
| 4. | Where the member or the corporation he or she belongs to is or was an agent of the party to the agenda item at issue. |
| (2) | If the circumstances indicate that it would be impracticable to expect fair deliberations or resolutions of a member, the party may file a request for a challenge to Committee and the Committee shall put it for a vote to make a decision. In such cases, the member challenged shall not be allowed to vote. |
| (3) | Where a member falls under the grounds for disqualification specified in paragraph (1), the member shall refrain from deliberations or resolutions on the agenda item at issue. |
| Article 13 (Dismissal of Members) |
Where a member falls under any one of the following cases, the Minister of Land, Infrastructure and Transport may dismiss the member:
| 1. | Where the member is no longer able to perform his or her duties due to mental or physical disability; |
| 2. | Where the member is found to have committed any wrongdoing in the course of performing his or her duties; |
| 3. | Where the person is deemed unfit as a member on the grounds of neglect of duty, detriment to reputation, or others; |
| 4. | Where the person does not refrain himself or herself, despite falling under any subparagraph of Article 12 (1); |
| 5. | Where the member states that he or she finds it difficult to perform his or her duties. |
| Article 14 (Duties of Chairperson) |
| (1) | The Chairperson shall represent the Committee and exercise overall control over its businesses. |
| (2) | Where the Chairperson is unable to perform his or her duties due to any unavoidable cause, the Vice Chairperson shall act on his or her behalf, and where both the Chairperson and Vice Chairperson are unable to perform such duties, the member designated in advance by the Chairperson shall act on his or her behalf. |
| (1) | The Chairperson shall convene the meetings of the Committee and chair such meetings. |
| (2) | A meeting so convened shall be held with presence of a majority of the Committee members and a resolution shall be adopted by a majority of the members present. |
| (1) | The Committee shall have one secretary to handle the affairs of the Committee. |
| (2) | The secretary shall be appointed by the Minister of Land, Infrastructure and Transport, from among the public officials belonging to the Ministry of Land, Infrastructure and Transport. |
| Article 17 (Operational Regulations) |
Matters necessary for operating the Committee, other than those prescribed by this Decree, shall be determined by the Chairperson after resolution by the Committee.
| Article 18 (Matters regarding Cooperation for Aviation Traffic Safety) |
| (1) | The Minister of Land, Infrastructure and Transport may request cooperation from the heads of military organs, administrative agencies which provide information on aviation weather or other agencies in order to ensure safety of aviation traffic under Article 81 (1) of the Act. |
| (2) | Methods for requesting such cooperation and other details under paragraph (1) shall be prescribed by Ministerial Decree of Land, Infrastructure and Transport. |
| Article 19 (Amounts of Penalty Surcharges for Types of Violation against Persons Who Have Obtained Certification for Air Traffic Services) |
| (1) | The amounts of penalty surcharges to be imposed under Article 87 (1) of the Act, which vary depending on the types and severity of violations, shall be prescribed in Appendix 2. |
| (2) | Articles 6 and 7 shall apply mutatis mutandis to imposing and paying penalty surcharges and demanding and collecting such surcharges. |
| Article 20 (Details of Plan for Assistance in Aircraft Search and Rescue) |
| (1) | A plan concerning assistance in search for and rescue of an aircraft under Article 88 of the Act shall include the following: |
| 1. | Matters regarding organization and operation of systems for assistance in search and rescue; |
| 2. | Roles of the Minister of National Defense, Minister of Land, Infrastructure and Transport, and Commander of US Armed Forces in Korea in jurisdiction airspace; |
| 3. | Other matters necessary for aircraft search or rescue of human lives. |
| (2) | Details regarding the formulation and implementation of a plan for assistance in search for and rescue of an aircraft under paragraph (1) shall be determined by the Minister of Land, Infrastructure and Transport, upon consultation with the heads of related administrative agencies. |
| Article 21 (Amounts of Penalty Surcharges for Types of Violation against Air Operators) |
| (1) | The amounts of penalty surcharges to be imposed under Articles 92 (1) and 95 (4) of the Act, which vary depending on the types and severity of violations, shall be prescribed in Appendix 3. |
| (2) | Articles 6 and 7 shall apply mutatis mutandis to the imposition and payment of penalty surcharges and the demand for and collection of such surcharges. |
| Article 22 (Amounts of Penalty Surcharges for Types of Violation against Persons Who Have Obtained Certification of Approved Maintenance Organization) |
| (1) | The amounts of penalty surcharges to be imposed under Article 99 (1) of the Act, which vary depending on the types and severity of violations, shall be prescribed in Appendix 4. |
| (2) | Articles 6 and 7 shall apply mutatis mutandis to the imposition and payment of penalty surcharges, the demand for and collection of such surcharges. |
| Article 23 (Permission for Takeoff or Landing of Light Sport Aircraft at Places Other Than Designated Places) |
| (1) | Special circumstances, such as emergency related to safety, provided in the proviso to Article 118 (1) of the Act means any of the following cases: |
| 1. | Where emergency landing of light sport aircraft is required due to instrument panel failure, fuel shortage, etc. during flight; |
| 2. | Where an aerodrome is unavailable to use due to aircraft, etc. being operated; |
| 3. | Where no aerodrome or airfield is designated for takeoff or landing within 30 kilometer radius from where a light sport aircraft intends to take off or land. |
| (2) | Any person who falls under paragraph (1) 1 and intends to obtain permission for landing under the proviso to Article 118 (1) of the Act shall apply for such permission to the Minister of Land, Infrastructure and Transport via radio communications, etc. In such cases, the Minister of Land, Infrastructure and Transport shall grant permission except under special circumstances. |
| (3) | Any person who falls under paragraph (1) 2 or 3 and intends to obtain permission for takeoff or landing under the proviso to Article 118 (1) of the Act shall file an application determined by Ministerial Decree of Land, Infrastructure and Transport with the Minister of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport shall review such application and grant permission for up to six months unless it is deemed not to threaten to safety. |
| Article 24 (Scope of Ultra-Light Vehicle Not Requiring Reporting) |
“Ultra-light vehicles prescribed by Presidential Decree” in the proviso to Article 122 (1) of the Act means any of the following, which refers to one not used for air charter, sport and leisure aviation service, or business using ultra-light vehicle: | 1. | Aircraft which does not use power, such as hang gliders and paragliders; |
| 2. | A captive air balloon (excluding those with people on board); |
| 3. | A captive unmanned aerial vehicle; |
| 5. | An unmanned powered aerial vehicle whose empty weight (excluding fuel weight, but including battery weight) is 12 kilograms or less; |
| 6. | An unmanned aircraft whose empty weight (excluding fuel weight) is 12 kilograms or less and whose length is 7 meters or shorter; |
| 7. | An ultra-light vehicle produced by research institutes, etc. for purposes such as testing, survey, research and development; |
| 8. | An ultra-light vehicle which was produced by manufacturers, etc. for sale but has not been sold and used for flight; |
| 9. | An ultra-light vehicle used for military purposes. |
| Article 25 (Scope of Exclusion from Approval for Flight of Ultra-Light Vehicle) |
“Restricted airspace prescribed by Presidential Decree, such as space neighboring aerodromes and airfields” in the proviso to Article 127 (2) means either of the following: | 1. | Space within three kilometers in radius from the center of an aerodrome (excluding one for military forces) and 500 feet in altitude (limited to where prior consultation has been made with an air traffic service provider at the aerodrome in question under Article 83 of the Act); |
| 2. | Space within a three kilometer radius from the center of an airfield and 500 feet in altitude (limited to where prior consultation has been made with a person who manages such airfield). |
| Article 26 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport may delegate the following authority to the director of a regional aviation office under Article 135 (1) of the Act: <Amended by Presidential Decree No. 28986, Jun. 19, 2018> |
| (b) | First standard certification of airworthiness for an aircraft manufactured based on production certification under Article 22 of the Act. |
| 2. | Special certification of airworthiness under Article 23 (3) 2 of the Act for an aircraft which falls under the following: Provided, That this shall not apply to the first special certification of airworthiness for an aircraft which has obtained limited type certification under Article 20 (2) 2 of the Act: |
| (a) | An aircraft on a test flight after maintenance, repair or remodeling (hereinafter referred to as “maintenance, etc.”); |
| (b) | An aircraft on a flight without any passenger or freight on board to a place for maintenance, etc.; |
| (c) | An aircraft on a flight without any passenger or freight on board for import or export of aircraft; |
| (d) | An aircraft used for search and rescue in response to a disaster or calamity; |
| (e) | An aircraft used for extinguishing or preventing forest fire; |
| (f) | An aircraft used for rescue and aid operations such as transportation of emergency patients; |
| (g) | An aircraft used for agriculture or fishery business, such as seed sowing, pesticide spraying, or fish detection; |
| (h) | An aircraft used for weather observation or meteorological control testing. |
| 3. | Testing the status of an aircraft in design, production stage, and after completion, and its performance, and designation of the limitation of operation under Article 23 (4) of the Act (limited to aircraft subject to standard certification of airworthiness or special certification of airworthiness over which authority has been delegated to the director of a regional aviation office under paragraphs (1) and (2)); |
| 4-2. | Issuance of certification of airworthiness under Article 23 (6) of the Act (limited to aircraft subject to standard certification of airworthiness or special certification of airworthiness over which authority has been deleted to the director of a regional aviation office under paragraphs (1) and (2)); |
| 5. | Order to revoke or suspend certification of airworthiness under Article 23 (7) of the Act (limited to certification of airworthiness over which authority has been delegated to the director of a regional aviation office); |
| 7. | Approval for airworthiness of an aircraft, etc. (referring to the aircraft, its engine, and propeller; hereinafter the same shall apply), its fitments, or parts, revocation of approval for airworthiness, order to suspend its effect: Provided, That this shall not apply to the following: |
| (a) | First approval for airworthiness for an aircraft, etc. which has obtained type certification or limited type certification under Article 20 of the Act; |
| (b) | First approval for airworthiness for an aircraft, etc. manufactured based on production certification under Article 22 of the Act; |
| (c) | First approval for airworthiness for type-approved articles with technical standard order design approval under Article 27 of the Act; |
| (d) | First approval for airworthiness for fitments or parts manufactured based on parts manufacturer certification under Article 28 of the Act. |
| 8. | Certification of conformity with noise standards, and order to revoke or suspend its effect under Article 25 of the Act: Provided, That this shall not apply to the following: |
| (a) | First certification of conformity with noise standards for an aircraft which has obtained type certification or limited type certification under Article 20 of the Act; |
| (b) | First certification of conformity with noise standards for an aircraft, etc. manufactured based on production certification under Article 22 of the Act. |
| 12. | Order for aviation medical examinations for flight crew (excluding those under the control of an international air transport service provider referred to in subparagraph 12 of Article 2 of the Aviation Business Act (hereinafter referred to as an “international air transport service provider”)) and aviation traffic controllers (limited to those belonging to a regional aviation office) under Article 41 of the Act; |
| 13. | Order to revoke certification of qualification or to suspend the effect of certification of qualification under Article 43 (1) of the Act and order to revoke aviation medical certification or to suspend the effect of aviation medical certification under Article 43 (2) of the Act (excluding those for persons engaged in aviation belonging to an international air transport service provider and aviation traffic controllers belonging to a regional aviation office); |
| 15. | Permission for air traffic control practice under Article 47 of the Act (limited to the jurisdictions of a regional aviation office); |
| 16. | Approval for a fatigue risk management system and for any changes thereto under Article 56 (2) of the Act (excluding approval for a fatigue risk management system for international air transport service providers); |
| 17. | Testing whether a person consumed or used alcohol, etc. under Article 57 (3) and (4) of the Act (excluding testing on air traffic controllers belonging to a regional aviation office); |
| 19. | Receipt of a mandatory report on aviation safety under Article 59 (1) of the Act (excluding reporting of aviation accident/incident or aviation safety occurrence related to an international air transport service provider); |
| 20. | Receipt of a report by the pilot in command or owner, etc. of the aircraft under Article 62 (5) and (6) of the Act (excluding those by an international air transport service provider and pilot in command under his or her control); |
| 22. | Permission for flight of an aircraft or its acts under the proviso to Article 68 of the Act (excluding permission for an unmanned aerial vehicle under subparagraph 5 of Article 68 of the Act (limited to an unmanned aerial vehicle flying between at least two countries, which took off outside the Republic of Korea, flew over the Republic of Korea and has landed outside the Republic of Korea)); |
| 23. | Designation of aircraft for emergency duties and revocation of such designation under Article 69 of the Act; |
| 27. | Cooperation with the heads of related administrative agencies to ensure air traffic safety under Article 81 of the Act (limited to cooperation with the heads of related administrative agencies on the matters mandated to the director of a regional aviation office); |
| 28. | Provision of air traffic control services under Article 83 (1) of the Act, advice and information relating to operations of an aircraft or light sport aircraft under paragraph (2) of the same Article, and information on an aircraft or light sport aircraft that requires search and rescue under paragraph (3) of the same Article (limited to the jurisdictions of the director of a regional aviation office); |
| 29. | Instructions on the order and timing of taxiing, takeoff, and landing of an aircraft, and on how to fly under Article 84 (1) of the Act and instructions on a taxiway at an aerodrome or airport under paragraph (2) of the same Article (limited to the jurisdictions of the director of a regional aviation office); |
| 30. | Provision of aviation information under Article 89 (1) of the Act (limited to the jurisdictions of the director of a regional aviation office; excluding those offered in the form of periodicals); |
| 31. | Issuance of Air Operator Certificate, aircraft operating standards and operating certificate and inspection of the changes to aircraft operating standards and to a safe air navigation system under Article 90 (1) through (3) and (5) of the Act (including where applied mutatis mutandis in Article 96 (1) of the Act) (excluding issuance and inspection for international air transport service providers); |
| 32. | Regular or occasional inspection of whether a safe air navigation system is maintained properly under Article 90 (6) of the Act (including where applied mutatis mutandis in Article 96 (1) of the Act) (excluding inspections for international air transport service providers); |
| 33. | Order to suspend the operation of aircraft or an airway or to suspend persons engaged in aviation from their duties and revocation of such suspension under Article 90 (7) and (8) of the Act (excluding order and revocation for international air transport service providers); |
| 34. | Revocation of Air Operator Certificate for air operators (excluding international air transport service providers) and order for suspension of the operation of an aircraft under Article 91 (1) of the Act; |
| 35. | Imposition and collection of penalty surcharges on air operators (excluding international air transport service providers) under Article 92 of the Act; |
| 36. | Approval for regulations on the operation of aircraft and regulations on aircraft maintenance, receipt of reporting of changes to such regulations, and approval therefor under Article 93 of the Act (excluding those for international air transport service providers); |
| 38. | Revocation of Air Operator Certificate and order to suspend the operation of aircraft for an aircraft use business entity under Article 95 (1) and (2) of the Act; |
| 40. | Certification of Approved Maintenance Organization and issuance of detailed criteria for operation and certificate of Approved Maintenance Organization under Article 97 of the Act; |
| 41. | Revocation of certification of Approved Maintenance Organization or order to suspend its effect under Article 98 of the Act; |
| 42. | Imposition and collection of penalty surcharges on persons who have obtained certification of Approved Maintenance Organization under Article 99 of the Act; |
| 43. | Permission for flight of foreign aircraft under Article 100 (1) 1 and 2 of the Act (excluding aircraft of a foreign country with no diplomatic ties with the Republic of Korea); |
| 44. | Permission for use of foreign aircraft in the Republic of Korea under the proviso of Article 101 of the Act; |
| 45. | Revocation of the certification of qualification of light sport aircraft pilot or order to suspend the effect thereof under Article 114 (1) of the Act and revocation of aviation medical certification or order to suspend the effect thereof under paragraph (2) of the same Article (including where applied mutatis mutandis in Article 116 (5) of the Act); |
| 48. | Receipt of reporting of a light sport aircraft accident by the pilot or by the owner, etc. of such light sport aircraft under Article 120 (2) of the Act; |
| 49. | The following authority applicable mutatis mutandis to light sport aircraft: |
| (c) | Instructions on the order and timing of taxiing, takeoff, and landing of a light sport aircraft, and on how to fly under Article 84 (1) of the Act and instructions on a taxiway at an aerodrome or airport under paragraph (2) of the same Article (limited to the jurisdictions of the director of a regional aviation office) applied mutatis mutandis under Article 121 (5) of the Act; |
| 50. | Receipt of reporting of ultra-light vehicles and allocation of a report number under Article 122 of the Act; |
| 51. | Reporting of the alteration of an ultra-light vehicle under Article 123 (1) of the Act, reporting of the cancellation thereof under paragraph (2) of the same Article, notification of reporting of cancellation under paragraph (3) of the same Article, and ex officio cancellation and notification thereof under paragraph (4) of the same Article; |
| 53. | Approval for flights in airspace within which the flight of ultra-light vehicle is restricted under Article 127 (2) of the Act; |
| 58. | Authority over the following in relation to Article 132 of the Act (limited to the authority over the matters mandated to the director of a regional aviation office): |
| (d) | Order for temporary suspension of the navigation of aircraft, light sport aircraft or ultra-light vehicle or the operation of air navigation facilities under Article 132 (8) of the Act; |
| (e) | Order for temporary suspension of the duties of persons engaged in aviation, ultra-light vehicle pilots or persons who manage air navigation facilities under Article 132 (8) of the Act; |
| 59. | Holding hearings under Article 134 of the Act (limited to hearings for the matters mandated to the director of a regional aviation office); |
| 60. | Imposition and collection of administrative fines under Article 166 of the Act (limited to the administrative fines for the matters mandated to the director of a regional aviation office). |
| (2) | The Minister of Land, Infrastructure and Transport shall delegate the following authority to the head of the Air Traffic Management Office under Article 135 (1) of the Act: |
| 1. | Order for air traffic controllers under the control of the head of the Air Traffic Management Office to undergo aviation medical examinations under Article 41 of the Act; |
| 2. | Approval for air traffic control practice under Article 47 of the Act (limited to the jurisdictions of the head of the Air Traffic Management Office); |
| 3. | Approval for flight or acts under the proviso of Article 68, with the exception of its subparagraphs, of the Act (limited to approval for flights of unmanned aerial vehicles under subparagraph 5 of Article 68 of the Act (referring only to an unmanned aerial vehicle flying between at least two countries, which took off outside the Republic of Korea, flew over the Republic of Korea and has landed outside the Republic of Korea)); |
| 4. | Cooperation with related administrative agencies to ensure air traffic safety under Article 81 of the Act (limited to cooperation with related administrative agencies over the matters mandated to the head of the Air Traffic Management Office); |
| 5. | Provision of air traffic services under Article 83 (1) of the Act, advice and information relating to operations of an aircraft or light sport aircraft under paragraph (2) of the same Article, and information on an aircraft or light sport aircraft that requires search and rescue under paragraph (3) of the same Article (limited to the jurisdictions of the head of the Air Traffic Management Office); |
| 6. | Instructions on the order and timing of taxiing, takeoff, and landing of an aircraft, and on how to fly under Article 84 (1) of the Act and instructions on a taxiway at an aerodrome or airport under paragraph (2) of the same Article (limited to the jurisdictions of the head of the Air Traffic Management Office); |
| 7. | Provision of aviation information under Article 89 (1) of the Act (limited to the jurisdictions of the head of the Air Traffic Management Office; excluding those offered in the form of periodicals); |
| 10. | Instructions on the order and timing of taxiing, takeoff, and landing of an ultra-light vehicle, and on how to fly under Article 84 (1) of the Act and instructions on a taxiway at an aerodrome or airport under paragraph (2) of the same Article applied mutatis mutandis under Article 121 (5) of the Act (limited to the jurisdictions of the head of the Air Traffic Management Office); |
| 11. | Authority for the following in relation to Article 132 of the Act (limited to the matters mandated to the head of the Air Traffic Management Office): |
| (c) | Ordering temporary suspension of the navigation of aircraft, light sport aircraft or ultra-light vehicle or the operation of air navigation facilities under Article 132 (8) of the Act; |
| (d) | Ordering temporary suspension of the duties of persons engaged in aviation, ultra-light vehicle pilots or persons who manage air navigation facilities under Article 132 (8) of the Act; |
| 12. | Imposition and collection of administrative fines under Article 166 of the Act (limited to the administrative fines for the matters mandated to the head of the Air Traffic Management Office). |
| (3) | The Minister of Land, Infrastructure and Transport shall entrust the following testing duties for certification or approval to specialized inspection institutions designated and publicly notified by the Minister of Land, Infrastructure and Transport from among the non-profit corporations which have technical staff, facilities, equipment, etc. prescribed by Ministerial Decree of Land, Infrastructure and Transport under Article 135 (2) of the Act: <Amended by Presidential Decree No. 28986, Jun. 19, 2018> |
| 1. | Inspection for type certification, limited type certification, or supplemental type certification under Article 20 of the Act; |
| 2. | Inspection to obtain approval for type certification or supplemental type certification under Article 21 of the Act; |
| 4. | Inspection for certification of airworthiness of the following aircraft under the subparagraphs of Article 23 (3) of the Act (limited to the first certification of airworthiness): |
| 5. | Inspection of the following aircraft, fitments or parts to obtain the first certification of airworthiness under Article 24 of the Act: |
| (d) | Fitments or parts manufactured after obtaining parts manufacturer certification under Article 28 of the Act; |
| 6. | Inspection for type approval for articles with technical standard order design approval under Article 27 of the Act; |
| (4) | The Minister of Land, Infrastructure and Transport shall entrust authority over approval for repair or remodeling of aircraft owned or rented by State agencies, etc., among authority over approval for repair or remodeling under Article 30 of the Act, to the head of a related central administrative agency under Article 135 (3) of the Act. |
| (6) | The Minister of Land, Infrastructure and Transport shall entrust the following services to the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act: <Amended by Presidential Decree No. 28419, Nov. 7, 2017; Presidential Decree No. 28830, Apr. 24, 2018> |
| 1. | Services concerning examinations for certification of qualification, limited review of certification of qualification, and the issuance of certificates of qualification referred to in Article 38 of the Act; |
| 2. | Services concerning instrument flight certification, flight instructor certification, and the issuance of certificates referred to in Article 44 of the Act; |
| 3. | Services concerning the issuance of certificates of proficiency in aviation English referred to in Article 45 (3) of the Act; |
| 5. | Services concerning the receipt, analysis, and dissemination of the voluntary reporting of aviation safety referred to in Article 61 of the Act; |
| 6. | Services concerning examinations for certification of qualification of light sport aircraft pilot, limited review of certification of qualification, and the issuance of certificates of qualification referred to in Article 112 of the Act; |
| 7. | Services concerning light sport aircraft flight instructor certification and the issuance of certificates, and training of persons who have obtained light sport aircraft flight instructor certification referred to in Article 115 (1) and (2) of the Act; |
| 9. | Services concerning designation, creation, and operation of such facilities as skills test centers and training centers under Article 125 (3) of the Act; |
| 10. | Services concerning designation of a training center specializing in ultra-light vehicle, and confirmation of whether such center continues to meet the requirements for designation under Article 126 (1) and (5) of the Act. |
| (7) | The Minister of Land, Infrastructure and Transport shall entrust the following services to the Aerospace Medical Association of Korea established under approval from the Minister of Land, Infrastructure and Transport pursuant to Article 32 of the Civil Act, under Article 135 (6) of the Act: |
| 1. | Following services from among those relating to aviation medical certification under Article 40 of the Act: |
| (a) | Review of validity of aviation medical certification; |
| (b) | Re-issuance of an aviation medical certificate. |
| (8) | The Minister of Land, Infrastructure and Transport shall entrust duties relating to certification of proficiency in aviation English under Article 135 (7) of the Act to a specialized institution or organization that he or she has determined and publicly notified, from among the institutions or organizations specializing in English evaluation which meet the requirements in terms of systems, staff, etc. as determined by the Korea Transportation Safety Authority or Ministerial Decree of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 28419, Nov. 7, 2017> |
| (9) | Where the Minister of Land, Infrastructure and Transport entrusts duties under paragraph (8), he or she shall publish the details regarding the institution and the duties entrusted in the Official Gazette. <Added by Presidential Decree No. 28419, Nov. 7, 2017> |
| (10) | The Minister of Land, Infrastructure and Transport shall entrust the following duties to the Korea Institute of Aviation Safety Technology under the Korea Institute of Aviation Safety Technology Act pursuant to Article 135 (8) of the Act: <Added by Presidential Decree No. 28193, Jul. 17, 2017; Presidential Decree No. 28419, Nov. 7, 2017> |
| 1. | Research conducted to determine aircraft technical standards, flight rules, procedures/methods for handling hazardous materials, and navigation technology standards under Articles 19, 67, 70 and 77 of the Act in accordance with the standards adopted and methods recommended by the Convention on International Civil Aviation and Annexes to the aforesaid Convention; |
| 2. | Analysis of the matters concerning the identification of potential hazards for aviation safety and the relevant data under Article 58 (1) 5 of the Act; |
| 3. | Research and analysis of data on breakdown, defect, or malfunction of aircraft, etc., fitments or parts reported to the Minister of Land, Infrastructure and Transport under Article 33 of the Act; |
| 4. | Research and analysis of the findings of studies on aviation accident, serious incident or safety occurrence and the collection and management of the relevant data in order to prepare aviation safety programs under Article 58 (1) of the Act; |
| Article 27 (Inspection Regulations for Specialized Inspection Institutions) |
| (1) | A specialized inspection institution determined and publicly notified under Article 26 (3) (hereinafter referred to as a “specialized inspection institution”) shall determine business regulations necessary for certification or approval for aircraft, fitments or parts (hereinafter referred to as “inspection regulations”) and shall obtain authorization from the Minister of Land, Infrastructure or Transport. The same shall also apply to any modification thereof. |
| (2) | The inspection regulations under paragraph (1) shall include the following: |
| 1. | Organization and staff of the unit which conducts inspection for certification or approval; |
| 2. | Roles and responsibilities of those who conduct inspection for certification or approval; |
| 3. | Systems and procedures for inspection for certification or approval; |
| 4. | Issuance of certificates and management of a ledger; |
| 5. | Training for those who conduct inspections for certification or approval; |
| 6. | Management and maintenance of books and materials on technology; |
| 7. | Reporting of the results of inspection for certification or approval. |
| Article 28 (Qualification for Inspector) |
| (1) | Any person who conducts inspection for certification or approval at a specialized inspection institution shall meet any one of the requirements provided in Article 31 (2) of the Act. |
| (2) | The Minister of Land, Infrastructure and Transport shall determine the matters relating to the appointment of persons who conducts inspection for certification or approval at a specialized inspection institution, his or her duties and supervision thereof. |
| Article 29 (Processing of Personally Identifiable Information) |
The Minister of Land, Infrastructure and Transport (including a person delegated or entrusted with the authority of the Minister of Land, Infrastructure and Transport under Article 26) may process data containing a resident registration number, passport number or alien registration number under Article 19 of the Enforcement Decree of the Personal Information Protection Act where unavoidable to perform the following duties: | 1. | Duties relating to certification of qualification, limitation on certification of qualification, implementation of and exemption from examination, and issuance of a certificate of qualification under Articles 34, 37 and 38 of the Act; |
| 2. | Duties relating to instrument flight certification and flight instructor certification under Article 44 of the Act; |
| 4. | Duties relating to certification of qualification of light sport aircraft pilots, limit of certification of qualification, implementation of and exemption from examination and issuance of a certificate of qualification under Articles 109, 111 and 112 of the Act; |
| 5. | Duties relating to certification of light sport aircraft flight instructor and training for a person who has obtained certification of light sport aircraft flight instructor under Article 115 of the Act; |
| Article 30 (Criteria for Imposing Administrative Fines) |
The criteria for imposing administrative fines under Article 167 of the Act shall be as specified in Appendix 5.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2017: Provided, That Article 26 (1) 16, items (p) (limited to the portion pertaining to Article 56 (1) 2 of the Act) and (q) of subparagraph 2 of Appendix 3, items (e) (limited to the portion pertaining to Article 56 (1) 2 of the Act) and (f) of subparagraph 2 of Appendix 5 shall enter into force on March 30, 2019. Article 2 (Repeal of Other Statutes or Regulations)
Article 3 (Transitional Measures concerning Chairperson of Committee)
The Chairperson, Vice Chairperson, or member of the Committee appointed or commissioned under Article 15 of the previous Enforcement Decree of the Aviation Act as at the time this Decree enters into force (referring to the Decree effective before its repeal under Article 2 of the Addenda; hereinafter the same shall apply) shall be deemed the Chairperson, Vice Chairperson, or member appointed or commissioned under Article 10 (2) or (3). Article 4 (Transitional Measures concerning Members Commissioned)
The term of office for a member commissioned under Article 15 (3) 3 of the previous Enforcement Decree of the Aviation Act before this Decree enters into force shall be the term specified in Article 10 (4) and the initial date in reckoning shall be the date such member is commissioned. Article 5 (Transitional Measures concerning Specialized Inspection Institutions)
| (1) | Any specialized inspection determined and publicly notified by the Minister of Land, Infrastructure and Transport under Article 60 (1) of the previous Enforcement Decree of the Aviation Act as at the time this Decree enters into force shall be deemed a specialized inspection institution determined and publicly notified under Article 26 (3). |
| (2) | Operational rules which have obtained authorization or authorization for change under Article 60 (2) of the previous Enforcement Decree of the Aviation Act as at the time this Decree enters into force shall be deemed to have obtained authorization or authorization for change under Article 27 (1). |
Article 6 (Transitional Measures concerning Specialized Institutions or Organizations Related to English Evaluation)
Any specialized institution or organization determined and publicly notified by the Minister of Land, Infrastructure and Transport under Article 63 (9) of the previous Enforcement Decree of the Aviation Act as at the time this Decree enters into force shall be deemed a specialized institution or organization determined and publicly notified under Article 26 (8). Article 7 (Transitional Measures concerning Penalty Surcharges)
| (1) | Articles 13-2, 44-8, 54-2, Appendixs 1, 4 and 6 of the previous Enforcement Decree of the Aviation Act shall apply to the imposition of penalty surcharges for any violation committed before this Decree enters into force, notwithstanding Articles 5, 21, 22, Appendixs 1, 3 and 4. |
| (2) | Notwithstanding paragraph (1), Article 44-7 and Appendix 4 of the previous Enforcement Decree of the Aviation Act (referring to the one before partially amended by Presidential Decree No. 25787) shall apply to the imposition of penalty surcharges for any violation committed before Nov. 29, 2014, notwithstanding Article 21 and Appendix 3. |
| (3) | Notwithstanding paragraph (1), Article 44-7 and Appendix 4 of the previous Enforcement Decree of the Aviation Act (referring to the one before partially amended by Presidential Decree No. 27527) shall apply to the imposition of penalty surcharges for any violation committed between Nov. 29, 2014 and Sep. 30, 2016, notwithstanding Article 21 and Appendix 3. |
Article 8 (Transitional Measures concerning Head of Air Traffic Management Office)
“Head of the Air Traffic Management Office” in Article 26 (2) with the exception of its subparagraphs, subparagraphs 1, 2, 4 through 7, and 10 of the same paragraph, subparagraph 11 of the same paragraph with the exception of its items, and subparagraph 12 of the same paragraph shall be deemed “head of the Air Traffic Center” until April 30, 2017. Article 9 (Transitional Measures concerning Administrative Fines)
| (1) | Notwithstanding Article 30 and Appendix 5, Article 64 and Appendix 7 of the previous Enforcement Decree of the Aviation Act shall apply to the imposition of administrative fines for any violation committed before this Decree enters into force. |
| (2) | Notwithstanding paragraph (1), Article 64 and Appendix 7 of the previous Enforcement Decree of the Aviation Act (referring to the one before partially amended by Presidential Decree No. 23989) shall apply to the imposition of administrative fines for any violation committed before Jul. 27, 2012, notwithstanding Article 30 and Appendix 5. |
Article 10 Omitted.
Article 11 (Relations to Other Statutes or Regulations)
ADDENDA <Presidential Decree No. 28077, May 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2017. (Proviso Omitted.)
Articles 2 through 5 Deleted.
ADDENDUM <Presidential Decree No. 28193, Jul. 17, 2017>
This Decree shall enter into force on July 18, 2017.
ADDENDUM <Presidential Decree No. 28419, Nov. 7, 2017>
This Decree shall enter into force on November 10, 2017.
ADDENDUM <Presidential Decree No. 28830, Apr. 24, 2018>
This Decree shall enter into force on April 25, 2018.
ADDENDUM <Presidential Decree No. 28986, Jun. 19, 2018>
This Decree shall enter into force on June 27, 2018.