MILITARY AIRCRAFT AIRWORTHINESS CERTIFICATION ACT
Act No. 9560, Apr. 1, 2009
Amended by Act No. 11559, Dec. 18, 2012
Act No. 12903, Dec. 30, 2014
Act No. 14116, Mar. 29, 2016
Act No. 16353, Apr. 23, 2019
The purpose of this Act is to ensure airworthiness of military aircraft by prescribing matters necessary to certify that military aircraft are capable of operating safely, and to contribute to the development of the aviation industry by supporting the exportation of military aircraft. <Amended by Act No. 11559, Dec. 18, 2012>
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 11559, Dec. 18, 2012; Act No. 12903, Dec. 30, 2014; Act No. 16353, April 23, 2019>
| 1. | The term "military aircraft" means aircraft and machines falling under any of the following items, which are to be used by the national armed forces or exported for military uses: |
| (a) | Aircraft falling under any of the following; |
| (b) | Machines determined by Presidential Decree that may be used for aviation, such as an unmanned aerial vehicle; |
| 2. | The term "airworthiness" means the fitness of a military aircraft to fly safely within the scope of its operations; |
| 3. | The term "airworthiness certification" means the Government's certification attesting that a military aircraft is airworthy and capable of delivering its intended performance and functions; |
| 4. | The term "military aircraft program" means any of the following programs: |
| (a) | A program for the research and development of military aircraft; |
| (b) | A program for purchasing military aircraft; |
| (c) | A program for the modification and improvement of military aircraft; |
| (d) | A program for manufacturing, refurbishing or improving parts, components, weapons, equipment, etc. of military aircraft and for equipping military aircraft with them; |
| (e) | Deleted; <by Act No. 11559, Dec. 18, 2012> |
| 5. | The term "program management agency" means an agency belonging to the Defense Acquisition Program Administration, which has control over the entire progress of individual military aircraft programs, the Army, Navy, and Air Force (hereinafter referred to as "each armed force"), a government-funded institution, or a business related to military aircraft, etc., or a person to whom the authority over a military aircraft program is delegated or entrusted by any of such agency, armed forces, institution or business. |
| Article 2-2 (Airworthiness Certification of Police or Customs Aircraft) |
The provisions on airworthiness certification of this Act shall apply mutatis mutandis to police or customs aircraft prescribed by Presidential Decree (hereinafter referred to as "police or customs aircraft"). In such cases, "military aircraft" shall be construed as "police or customs aircraft".
[This Article Newly Inserted by Act No. 11559, Dec. 18, 2012]
| Article 3 (Public Notice of Standard Airworthiness Certification Criteria) |
| (1) | The Minister of the Defense Acquisition Program Administration shall establish and publicly notify technical criteria, etc. that shall be generally applicable to military aircraft programs performed by the head of each program management agency to secure the airworthiness of military aircraft in formulating plans for military aircraft programs and at each phase of implementing the programs (hereinafter referred to as "standard airworthiness certification criteria"). <Amended by Act No. 11559, Dec. 18, 2012> |
| (2) | Matters necessary for procedures for preparing and amending the standard airworthiness certification criteria shall be prescribed by Ordinance of the Ministry of National Defense. |
| Article 4 (Procedures for Airworthiness Certification) |
| (1) | The head of a program management agency shall file an application for airworthiness certification of military aircraft with the Minister of the Defense Acquisition Program Administration, as prescribed by Ordinance of the Ministry of National Defense. <Amended by Act No. 11559, Dec. 18, 2012> |
| (2) | Upon receipt of an application for airworthiness certification pursuant to paragraph (1), the Minister of the Defense Acquisition Program Administration shall notify the head of a program management agency of guidelines for the preparation of a plan for airworthiness certification, including guidelines for the preparation of the criteria for airworthiness certification by type of military aircraft. <Amended by Act No. 11559, Dec. 18, 2012> |
| (3) | The head of a program management agency shall formulate a plan for airworthiness certification by type of military aircraft according to guidelines for the preparation of a plan for airworthiness certification referred to in paragraph (2) and shall submit such plan to the Minister of the Defense Acquisition Program Administration. In such cases, he/she may request the Minister of the Defense Acquisition Program Administration to provide assistance or cooperation necessary for the formulation of a plan for airworthiness certification by type of military aircraft. <Amended by Act No. 11559, Dec. 18, 2012> |
| (4) | The Minister of the Defense Acquisition Program Administration shall confirm a plan for airworthiness certification by type of military aircraft formulated by the head of a program management agency pursuant to paragraph (3) following deliberation by the Deliberative Committee on Airworthiness Certification referred to in Article 7, and notify the head of the relevant program management agency, the chief of staff of each armed force related to military aircraft programs, and the heads of other agencies related to airworthiness certification of the results thereof. <Amended by Act No. 11559, Dec. 18, 2012> |
| (5) | According to a plan for airworthiness certification by type of military aircraft confirmed pursuant to paragraph (4), the Minister of the Defense Acquisition Program Administration shall examine airworthiness by stage in the following order as to whether a military aircraft program conforms to the criteria for airworthiness certification by type of military aircraft: Provided, That in cases of programs prescribed by Presidential Decree, such as a program for purchasing military aircraft referred to in subparagraph 4 (b) of Article 2, he/she may omit the whole or part of an examination of airworthiness: <Amended by Act No. 11559, Dec. 18, 2012; Act No. 12903, Dec. 30, 2014> |
| 1. | Type certification: Certification that the design of military aircraft meets the criteria for airworthiness certification by type of military aircraft and fits for safe flight; |
| 2. | Confirmation of manufacture: Confirmation on whether a program management agency is equipped with technologies, facilities, human resources, a quality assurance system, etc. that are capable of producing military aircraft as designed. |
| (6) | The Minister of the Defense Acquisition Program Administration shall decide whether to certify airworthiness by stage following deliberation by the Deliberative Committee on Airworthiness Certification referred to in Article 7 after examining airworthiness referred to in paragraph (5), and shall notify the head of a program management agency, the chief of staff of each armed forces, and the heads of other agencies related to airworthiness certification of the final results of airworthiness certification. |
| (7) | Where the Minister of the Defense Acquisition Program Administration deems it necessary to issue an airworthiness certificate, he/she shall issue an airworthiness certificate by type of military aircraft. Matters necessary for the issuance of airworthiness certificates shall be prescribed by Ordinance of the Ministry of National Defense. <Amended by Act No. 11559, Dec. 18, 2012> |
| Article 4-2 (Airworthiness Certification for Purpose of Research) |
| (1) | Notwithstanding Article 4, the head of a program management agency who intends to receive airworthiness certification for military aircraft temporarily operated for research, experiment, export or publicity may apply for airworthiness certification to the Minister of the Defense Acquisition Program Administration, as prescribed by Ordinance of the Ministry of National Defense. |
| (2) | If any military aircraft is deemed safe as a result of reviewing the application under paragraph (1), the Minister of the Defense Acquisition Program Administration shall issue the head of the applying agency a certificate of airworthiness, including the matters prescribed by Ordinance of the Ministry of National Defense, such as flight limitations, and conditions for flight safety. In such cases, where such matters would have substantial effects on the airworthiness of the military aircraft, such matters shall undergo refer them to the Deliberative Committee on Airworthiness Certification under Article 7 for deliberation and decision. |
[This Article Newly Inserted by Act No. 16353, April 23, 2019]
| Article 5 (Exclusion from Application of Standard Airworthiness Certification Criteria) |
Where a military aircraft falls under any of the followings, the Minister of the Defense Acquisition Program Administration may choose not to apply the whole or part of the standard airworthiness certification criteria or procedures for airworthiness certification referred to in Article 4 thereto. In such cases, the Minister may separately establish the criteria and procedures necessary for airworthiness certification: <Amended by Act No. 11559, Dec. 18, 2012> | 1. | In regard of a military aircraft for exportation, where a country importing it does not request airworthiness certification or requests to apply criteria different from the standard airworthiness certification criteria; |
| 2. | Where a military aircraft imported from overseas has received airworthiness certification or certification equivalent thereto from the country that has manufactured such military aircraft; |
| 3. | Where he/she imports parts, components, etc. of military aircraft which have received airworthiness certification or certification equivalent thereto from a manufacturing country, and equips military aircraft in the same line operated by the Korean armed forces with such parts, components, etc.; |
| 3-2. | Where he/she refurbishes or improves military aircraft that have been in operation from before July 31, 2009, pursuant to subparagraph 4 (c) or (d) of Article 2, or cases other than the part refurbished, improved or equipped in equipping military aircraft with parts, components, weapons, equipment, etc.; |
| 4. | Such military aircraft programs prescribed by Presidential Decree, to which it is inappropriate to apply the standard airworthiness certification criteria under this Act or procedures for airworthiness certification referred to in Article 4. |
| Article 5-2 (Maintenance of Airworthiness, and Technical Support) |
| (1) | The head of an agency operating military aircraft, such as the chief of staff of each armed force, shall maintain the airworthiness of such military aircraft so as to conform to airworthiness certification criteria by type of aircraft (referring to the airworthiness certification criteria confirmed pursuant to Article 4 (4)) |
| (2) | The Minister of the Defense Acquisition Program Administration may provide technical support necessary for maintaining airworthiness to the heads of the agencies operating military aircraft. |
[This Article Newly Inserted by Act No. 16353, April 23, 2019]
The Minister of the Defense Acquisition Program Administration may impose fees on those who apply for airworthiness certification or the issuance of an airworthiness certificate on military aircraft, as prescribed by Ordinance of the Ministry of National Defense. <Amended by Act No. 11559, Dec. 18, 2012>
| Article 7 (Establishment of Deliberative Committee on Airworthiness Certification) |
| (1) | The Deliberative Committee on Airworthiness Certification (hereinafter referred to as the "Certification Committee") shall be established under the jurisdiction of the Minister of the Defense Acquisition Program Administration in order to deliberate on and coordinate matters concerning airworthiness certification, major policies related thereto, and the examination for airworthiness certification. |
| (2) | The Certification Committee shall deliberate on and coordinate the following: <Amended by Act No. 11559, Dec. 18, 2012> |
| 1. | Matters concerning the establishment and alteration of major policies related to airworthiness certification; |
| 2. | Matters concerning public notice of the preparation and amendment of the standard airworthiness certification criteria; |
| 3. | Matters concerning the confirmation of a plan for airworthiness certification by type of military aircraft; |
| 4. | Matters concerning the validation of results of the examination for airworthiness certification; |
| 5. | Matters concerning the adjustment of affairs between agencies related to airworthiness certification; |
| 6. | Deleted; <by Act No. 11559, Dec. 18, 2012> |
| 7. | Other matters for which the Minister of the Defense Acquisition Program Administration deems that deliberation and adjustment by the Certification Committee is necessary in connection with airworthiness certification. |
| (3) | The Certification Committee shall be comprised of not more than 13 members, including one chairperson; the Vice Minister of the Defense Acquisition Program Administration shall serve as the chairperson, and committee members shall be appointed or commissioned by the Minister of the Defense Acquisition Program Administration from among public officials of related central administrative agencies, military personnel from the Army, Navy, and Air Force, and persons who have extensive knowledge and experience in airworthiness certification. <Amended by Act No. 16353, April 23, 2019> |
| (4) | A technical working committee for airworthiness certification (hereinafter referred to as the "working committee") may be established under the Certification Committee to assist the latter’s affairs. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the composition and operation of the Certification Committee and the working committee shall be prescribed by Presidential Decree. |
| Article 8 (Advisors on Airworthiness Certification) |
| (1) | The Minister of the Defense Acquisition Program Administration may establish a commission of up to five advisors under his/her control for the purpose of consultation on affairs relating to airworthiness certification. |
| (2) | Matters concerning the commission of advisors under paragraph (1) shall be determined by the Minister of the Defense Acquisition Program Administration. |
| Article 9 (Provision and Maintenance of Technical Data on Airworthiness Certification) |
| (1) | The Minister of the Defense Acquisition Program Administration shall manage and maintain technical data pertaining to airworthiness certification to continuously secure the airworthiness of military aircraft. |
| (2) | The Minister of the Defense Acquisition Program Administration may, upon receiving a request from the Chief of Staff of the Army, Navy, or Air Force, program management agency, or purchaser of military aircraft, furnish the technical data managed and maintained pursuant to paragraph (1). |
| (3) | Each Chief of Staff and head of other agencies related to airworthiness certification shall, when any of them modifies or improves a military aircraft or its parts, components, or equipment or changes the shape or structure of such a military aircraft or its parts, components, or equipment to the extent that such modification, improvement, or change may affect the airworthiness of the military aircraft, the airworthiness of which has been already certified, notify the Minister of the Defense Acquisition Program Administration of the details thereof and relevant technical data. |
| Article 10 (Designation of Institutions Specializing in Airworthiness Certification of Military Aircraft) |
| (1) | The Minister of the Defense Acquisition Program Administration may designate and publicly notify an institution specializing in the airworthiness certification of military aircraft (hereinafter referred to as "specialized institution") in accordance with guidelines prescribed by Presidential Decree in order to ensure expertise and reliability in airworthiness certification. |
| (2) | A specialized institution shall conduct the following business activities: |
| 1. | Securing, maintaining and managing professional human resources and capacity for airworthiness certification; |
| 2. | Providing assistance and cooperation in airworthiness certification with the competent institution under Article 11 as may be necessary; |
| 3. | Other matters that the Minister of the Defense Acquisition Program Administration considers necessary in connection with airworthiness certification. |
| (3) | The Minister of the Defense Acquisition Program Administration shall conduct periodic inspections to confirm that persons engaged in a specialized institution are qualified and competent, as prescribed by Presidential Decree, to ensure the smooth performance of airworthiness certification. |
| (4) | If a specialized institution falls under any of the following subparagraphs, the Minister of the Defense Acquisition Program Administration may revoke the designation of the specialized institution or suspend its business as a specialized institution for a period not exceeding one year as prescribed by Presidential Decree: Provided, That if a specialized institution falls under subparagraph 1, the designation of such specialized institution shall be revoked: |
| 1. | Where a specialized institution obtained designation by fraud or other improper means; |
| 2. | Where a specialized institution fails to meet the standards for designation of a specialized institution under paragraph (1). |
| (5) | The Minister of the Defense Acquisition Program Administration shall hold a hearing before cancelling the designation of a specialized institution pursuant to paragraph (4). |
| Article 11 (Designation of Competent Airworthiness Certification Institution) |
| (1) | In order to ensure objectiveness, efficiency, and expertise in airworthiness certification, the Minister of the Defense Acquisition Program Administration may designate one of the specialized institutions as the main airworthiness certification institution (hereinafter referred to as "competent institution") for each project for military aircraft, considering the category and characteristics of the military aircraft for which it receives an application for airworthiness certification pursuant to Article 4 (1) or 4-2 (1). <Amended by Act No. 16353, April 23, 2019> |
| (2) | The competent institution shall conduct the following business activities under the coordination and control of the Minister of the Defense Acquisition Program Administration: <Amended by Act No. 11559, Dec. 18, 2012> |
| 1. | Primary management of airworthiness certification; |
| 2. | Assistance in the establishment and execution of policies on airworthiness certification; |
| 3. | Research and analysis on data relating to airworthiness certification; |
| 4. | Research and development of aviation technology relating to airworthiness certification and assistance in such research and development; |
| 5. | Other activities that the Minister of the Defense Acquisition Program Administration deems necessary in connection with airworthiness certification. |
| (3) | The Minister of the Defense Acquisition Program Administration shall require the head of the competent institution to secure test pilots and test flight engineers necessary for airworthiness certification. |
| (4) | The Minister of the Defense Acquisition Program Administration shall establish and implement a support plan by stage so that the competent institution can implement affairs relating to airworthiness certification independently. |
| Article 12 (Subsidization of Budget) |
| (1) | The Minister of the Defense Acquisition Program Administration may subsidize, within budget limits, expenses incurred by the competent institution and specialized institutions in their performance of works relating to airworthiness certification and their operation. |
| (2) | The Minister of the Defense Acquisition Program Administration may grant subsidies, within budget limits, to the Army, the Navy, and the Air Force, and agencies related to airworthiness certification so that they are able to procure equipment, facilities, professional human resources, etc. for the testing, evaluation, analysis, and validation necessary for airworthiness certification. |
| Article 13 (Request for Assistance in Works) |
The Minister of the Defense Acquisition Program Administration may request each Chief of Staff and the head of an agency related to airworthiness certification for assistance with human resources, equipment, facilities, etc. necessary for airworthiness certification, and the person who is so requested may render assistance with human resources, equipment, facilities, etc., in the absence of special circumstances.
| Article 14 (Relationship to Type Certification under the Aviation Safety Act) |
| (1) | Where an aircraft on which type certification has been obtained pursuant to Article 20 of the Aviation Safety Act or on which approval of type certification has been obtained pursuant to Article 21 of the same Act is used as a military aircraft, type certification referred to in Article 4 (5) 1 shall be deemed obtained. <Amended by Act No. 11559, Dec. 18, 2012; Act No. 14116, Mar. 29, 2016> |
| (2) | Where a light aircraft which receives safety certification pursuant to Article 108 of the Aviation Safety Act, or an ultra-light vehicle which receives safety certification pursuant to Article 124 of the same Act is used as a military aircraft, it shall be deemed to receive airworthiness certification under Article 4. <Newly Inserted by Act No. 16353, Apr. 23, 2019> |
| Article 15 (Entrustment and Re-Entrustment of Authority) |
| (1) | The Minister of the Defense Acquisition Program Administration may entrust part of his/her authority under this Act to the Army, Navy, or Air Force, or the specialized institutions, as prescribed by Presidential Decree. <Amended by Act No. 16353, April 23, 2019> |
| (2) | The Army, Navy, or Air Force, or the specialized institutions to whom the Minister of the Defense Acquisition Program Administration has entrusted his/her authority pursuant to paragraph (1) may re-entrust part of its authority to the head of an agency or research institute that is related to airworthiness certification and meets the requirements prescribed by Presidential Decree, or a person who manufactures, modifies, improves, or purchases a military aircraft or its parts or components, subject to prior approval from the Minister of the Defense Acquisition Program Administration. <Amended by Act No. 16353, April 23, 2019> |
ADDENDA
Article 1 (Enforcement Decree)
This Act shall enter into force on August 1, 2009.
Article 2 (Applicability)
| (1) | Airworthiness certification under this Act shall apply beginning with the first military aircraft programs that commence after the enforcement date of this Act. |
| (2) | Notwithstanding paragraph (1), the Minister of the Defense Acquisition Program Administration may apply this Act to military aircraft programs that commenced before this Act enters into force, subject to deliberation by the certification committee, taking into consideration the impact that the airworthiness certification may have in the implementation of such programs, the possibility of export, and other factors. In such cases, the Minister of the Defense Acquisition Program Administration may prescribe guidelines for standard airworthiness certification and the scope of airworthiness certification standards for each program or model separately, subject to deliberation by the certification committee. |
Article 3 (Preparatory Activities for Airworthiness Certification)
The Minister of the Defense Acquisition Program Administration may designate specialized institutions and the competent institution, train professional human resources for airworthiness certification, and conduct other preparatory activities necessary for carrying out airworthiness certification or authorize a related agency to conduct such preparatory activities before this Act enters into force.
ADDENDA <Act No. 11559, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Imposition of Fees)
The amended provisions of Article 6 shall apply beginning with the first military aircraft for which a program management agency applies for airworthiness certification or the first issuance of an airworthiness certificate after this Act enters into force.
ADDENDUM <Act No. 12903, Dec. 30, 2014>
This Act shall enter into force on the date of its promulgation.
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. 16353, Apr. 23, 2019>
The Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 11 shall enter into force on the date of its promulgation.