ACT ON THE OPERATION OF MILITARY AIRCRAFT
Act No. 8547, Jul. 27, 2007
Amended by Act No. 8852, Feb. 29, 2008
Act No. 9780, jun. 9, 2009
Act No. 10648, May 19, 2011
Act No. 10801, jun. 15, 2011
Act No. 11690, Mar. 23, 2013
Act No. 13774, Jan. 19, 2016
Act No. 14113, Mar. 29, 2016
Act No. 14116, Mar. 29, 2016
Act No. 16583, Nov. 26, 2019
The purpose of this Act is to promote the smooth execution of air operations and the flight safety of military aircraft and to contribute to the national security by providing for necessary matters regarding the operation, etc. of military aircraft. <Amended on Jan. 19, 2016>
The definition of the terms used in this Act shall be as follows: <Amended on Jan. 19, 2016>
| 1. | The term "military aircraft" means airplanes, helicopters, unmanned aerial vehicle, airships, gliders, and other airborne vehicles, which are used by the military; |
| 2. | The term "military air base" means a specified zone on land or water, which is used for the takeoff and landing (including takeoff from and landing on water) of military aircraft; |
| 3. | The term "air defense identification zone" means a specified airspace defined pursuant to Article 9 over land or water where easy identification, location, and control of aircraft are required for the purposes of national security; |
| 4. | The term "wartime" means a period of time beginning with a declaration of war or a hostile action is taken against another country or a belligerent body until the time an armistice is reached with the other country or the belligerent body. |
| Article 3 (Compliance with Flight Manual, etc.) |
| (1) | In order to prevent collisions with other aircraft or other objects, each military aircraft shall be flown in compliance with the standards, procedures, and methods prescribed by Ordinance of the Ministry of National Defense for flight: Provided, That flights in any airspace other than the airspace under the jurisdiction of the Minister of National Defense shall be made in compliance with the Aviation Safety Act, and flights over water shall be made in compliance with the Maritime Safety Act. <Amended on Jun. 15, 2011; Mar. 29, 2016> |
| (2) | Paragraph (1) shall not apply where a military aircraft is operated for reasons, such as emergency mobilization, prescribed by the Minister of National Defense. <Amended on Jan. 19, 2016> |
| (3) | The Minister of National Defense and the Minister of Land, Infrastructure and Transport shall take necessary measures for the operations under paragraph (2) in advance to prevent air collisions with other aircraft. <Amended on Feb. 29, 2008; Mar. 23, 2103> |
| Article 4 (Restrictions on Flight, etc.) |
| (1) | No military aircraft shall fly in the controlled airspace under Article 78 (1) 3 of the Aviation Safety Act: Provided, That the foregoing shall not apply to flights for which permission has been obtained from the head of the competent agency as prescribed by Ordinance of the Ministry of National Defense. <Amended on Mar. 29, 2016> |
| (2) | A military aircraft that flies in the airspace falling under the jurisdiction of the Minister of National Defense within the cautionary airspace prescribed under Article 78 (1) 4 of the Aviation Safety Act shall follow the flying methods and procedures determined by the Minister of National Defense for the said airspace. <Amended on Mar. 29, 2016> |
| Article 5 (Measures for Military Aircraft in Emergency) |
Where the flight of a military aircraft in operation becomes limited or impossible due to a structural failure, the Minister of National Defense may request the Minister of Land, Infrastructure and Transport to render cooperation in taking necessary measures for emergency landing of the aircraft. In such cases, the Minister of Land, Infrastructure and Transport shall comply with such request, unless there exist exceptional circumstances to the contrary. <Amended on Feb. 29, 2008; Mar. 23, 2103>
| Article 6 (Certificate of Qualification as Military Air Traffic Controller) |
| (1) | A military person or a civilian military employee who intends to engage in air traffic control at a military air base shall obtain a certificate of qualification as a military air traffic controller (hereinafter referred to as the "qualification certificate") issued by the Minister of National Defense, as prescribed by Ordinance of the Ministry of National Defense, and shall pass the physical examination under the standards prescribed by the Minister of National Defense: Provided, That the same shall not apply to soldiers or civilian employees who intend to serve at a military airfield prescribed by Ordinance of the Ministry of National Defense. <Amended on May 19, 2011> |
| (2) | A person who falls under any of the following subparagraphs shall not be eligible to receive the qualification certificate: |
| 1. | A person of less than 18 years of age; |
| 2. | A person in whose case one year has not passed since his/her qualification certificate was revoked pursuant to Article 7 (1). |
| (3) | A person who intends to obtain a qualification certificate shall successfully pass an examination conducted by the Minister of National Defense on knowledge and skills necessary for engaging in air traffic control, as prescribed by Ordinance of the Ministry of National Defense. |
| (4) | The Minister of National Defense may waive the examination under paragraph (3) completely or partially for a person falling under any of the following subparagraphs, as prescribed by Ordinance of the Ministry of National Defense: <Amended on Mar. 29, 2016> |
| 1. | A person who holds a qualification certificate issued by a foreign government; |
| 2. | A person who holds a certificate of qualification as an aviation professional under the Aviation Safety Act. |
| (5) | No person shall borrow from, or lend to, another person a certificate of qualification necessary for the qualification certificate under paragraph (1), or engage in brokering such activities. <Newly Inserted on Nov. 26, 2019> |
| Article 7 (Revocation of Qualification Certificate, etc.) |
| (1) | Where a person who holds a qualification certificate falls under any of the following subparagraphs, the Minister of National Defense may revoke the qualification certificate or suspend the validity of the qualification certificate for a specified period not exceeding one year: Provided, That the qualification certificate shall be revoked where a person falls under subparagraph 1: <Amended on Nov. 26, 2019> |
| 1. | Where a person obtained a qualification certificate by fraud or other wrongful means; |
| 1-2. | Where a person lend a certificate of qualification to another person, in violation of Article 6 (5) |
| 3. | Where a person commits an intentional wrong or gross negligence in the performance of his/her duties as a military air traffic controller; |
| 3. | Where the Minister of National Defense finds that a person is not competent for the performance of air traffic control due to a disease or a mental or physical disorder. |
| (2) | Guidelines for dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of National Defense, taking into account the causes and seriousness of violations. |
| Article 8 (Certification of English Proficiency for Aviation) |
| (1) | A military person or a civilian military employee who intends to engage in air traffic control of civil aircraft operating in the territorial airspace of two or more countries at a military air base shall obtain a certificate of English proficiency for aviation issued by the Minister of National Defense: Provided, That a person who holds a certificate of English proficiency for aviation issued by the Minister of Land, Infrastructure and Transport pursuant to Article 45 of the Aviation Safety Act shall be deemed to have obtained the certificate of English proficiency for aviation specified in this paragraph. <Amended on Jun. 9, 2009; Mar. 23, 2103; Mar. 29, 2016> |
| (2) | Detailed matters concerning the conduct of the examination for the certification of English proficiency for aviation under paragraph (1), the levels of the examination, the standards for successful passage of the examination for each level, and the effective period of each level shall be prescribed by Ordinance of the Ministry of National Defense in conformity with international standards and the Aviation Safety Act. <Amended on Mar. 29, 2016> |
| (3) | Concerning persons who obtained a certificate of English proficiency for aviation under paragraph (1) by fraud or other wrongful means, the Minister of National Defense shall revoke the certificate of English proficiency for aviation. |
| Article 9 (Administration of Air Defense Identification Zones) |
| (1) | The Minister of National Defense shall establish and administer air defense identification zones. The Minister of National Defense shall consult in advance with heads of related administrative agencies on the establishment of air defense identification zones. |
| (2) | Necessary matters concerning the establishment and modification of the air defense identification zones under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Jan. 19, 2016> |
[Title Amended on Jan. 19, 2016]
| Article 9-2 (Flight of Aircraft Flying in Air Defense Identification Zone and Procedures for Identification) |
| (1) | Any person who intends to fly an aircraft in the air defense identification zone shall formulate a flight plan before commencing the flight and submit it to the Minister of National Defense: Provided, That where he/she fails to submit the flight plan before commencing the flight due to reasons specified and notified by the Minister of National Defense, such as emergency mobilization, he/she may submit it during the flight. |
| (2) | Notwithstanding paragraph (1), where a flight plan has been submitted to the Minister of National Defense for an aircraft other than military aircraft pursuant to the flight regulations under Article 67 (2) 4 of the Aviation Safety Act, a flight plan shall be deemed to have been submitted under paragraph (1). In such cases, the Minister of Land, Infrastructure and Transport shall notify, without delay, the Minister of National Defense of the submitted flight plan. <Amended on Mar. 29, 2016> |
| (3) | Detailed matters regarding the procedures for and the method of notification of the flight plan under the latter part of paragraph (2) shall be determined by the Minister of National Defense and the Minister of Land, Infrastructure and Transport through mutual consultation. |
| (4) | Every aircraft that flies in the air defense identification zone shall comply with the flight procedures determined by Presidential Decree: Provided, That where approval has been obtained from the Minister of National Defense, the flight may be in accordance with the flight procedures determined by the Minister of National Defense. |
| (5) | The Minister of National Defense shall identify every aircraft that flies in the air defense identification zone by verifying its conformity with the relevant flight plan. In such cases, where comparison with the flight plan is impractical, appropriate methods, such as verification by electronic devices, may be used for identification. |
| (6) | Notwithstanding paragraph (5), the Minister of National Defense may designate a zone regarding which identification of an aircraft is required to a limited extent, in order to promote convenience of operation of aircraft in the air defense zone in peace time and enhance efficiency of air defense operations. |
| (7) | Matters necessary for the specific operation of the air defense identification zone, other than those prescribed in paragraphs (1) through (6), shall be determined by the Minister of National Defense. |
[This Article Newly Inserted on Jan. 19, 2016]
| Article 10 (Countermeasures against Aircraft Invading Territorial Airspace) |
| (1) | The Minister of National Defense may take necessary countermeasures, such as forced expulsion, forced landing, or the use of arms, against any of the following aircraft that violate this Act, the Aviation Safety Act, a treaty of which the Republic of Korea is a signatory state and generally accepted rules of international law both of which are a part of the international law on the operation of aircraft (hereinafter referred to as "international law and regulation"), or any other relevant Act. Any aircraft other than aircraft for the military, police, and customs shall be governed by international law and regulation: <Amended on Jan. 19, 2016; Mar. 29, 2016> |
| 1. | An aircraft that invaded or attempts to invade the territorial airspace of the Republic of Korea; |
| 2. | An aircraft flying in the territorial space of the Republic of Korea with a dubious purpose of flight deemed a threat to national security. |
| (2) | The Minister of National Defense and the Minister of Land, Infrastructure and Transport shall cooperate closely with each other to verify the following matters concerning an aircraft under any subparagraph of paragraph (1): <Amended on Feb. 29, 2008; Mar. 23, 2103> |
| 1. | Location, altitude, velocity, and heading; |
| 4. | Matters concerning violations; |
| 5. | Other matters concerning flight information. |
| Article 11 (Special Exception for Airspace Control in Wartime) |
When necessary for military purpose in wartime, the President may authorize the Minister of National Defense to have overall control over airspace.
| Article 12 (Control of Aviation and Navigation Safety Facilities) |
| (1) | Where there is an urgent need for air operations in response to an invasion or a provocative action of an enemy or a threat of such an invasion or provocative action, the Minister of National Defense may restrict the takeoff, landing, or flight route of all aircraft within an air defense identification zone or control the operation of the navigation safety facilities under the Airport Facilities Act in order to secure airspace promptly and evacuate aircraft safely. <Amended on Mar. 29, 2016> |
| (2) | Where necessary for the restriction and control under paragraph (1), the Minister of National Defense may request the heads of related administrative agencies to cooperate in such restriction or control. In such cases, the heads of related administrative agencies shall comply with such request, unless there exist exceptional circumstances to the contrary. |
| (3) | Detailed matters concerning the restriction and control under paragraph (1) shall be determined by the Minister of National Defense, subject to consultation with the heads of related administrative agencies. |
When the Minister of National Defense intends to revoke a qualification certificate or a certificate of English proficiency for aviation pursuant to Article 7 (1) or 8 (3), he/she shall hold a hearing on such.
| Article 14 (Delegation of Authority and Entrustment of Duties) |
| (1) | Part of the authority of the Minister of National Defense delegated by this Act may be delegated to the Chairperson of the Joint Chiefs of Staff, or the Chiefs of Staff of each armed service, as prescribed by Presidential Decree. |
| (2) | The Chairman of the Joint Chiefs of Staff or the Chief of Staff of each armed service may re-delegate part of the authority delegated under paragraph (1), upon approval of the Minister of National Defense, to the commander of each military unit. <Newly Inserted on Jan. 19, 2016> |
| (3) | The Minister of National Defense may entrust a specialized English test institution or organization with tasks related to conducting aviation English oral proficiency tests under Article 8 (2). <Amended on Jan. 19, 2016> |
[This Article Newly Inserted on Jan. 19, 2011]
[Previous Article 14 Moved to Article 16 <May 19, 2011>]
| Article 15 (Legal Fiction as Public Official in Application of Penalty Provisions) |
[This Article Newly Inserted on Jan. 19, 2011]
| Article 16 (Penalty Provisions) |
| (1) | A person who engages in air traffic control without a qualification certificate in violation of Article 6 (1) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended on Nov. 26, 2019> |
| (2) | A person who borrows from, or lend to, another person a certificate of qualification or engages in brokering such activities in violation of Article 6 (5) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. <Newly Inserted on Nov. 26, 2019> |
[Moved from Article 14 <May 19, 2011>]
ADDENDA <Act No. 8547, Jul. 27, 2007>
| (1) | (Enforcement Date) This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.) |
| (2) | (Transitional Measures concerning Certificates of Qualification as Military Air Traffic Controller) A person whose qualification for aviation control is recognized by the Minister of National Defense pursuant to Article 25 (3) of the Aviation Act at the time this Act enters into force shall be deemed to hold the qualification certificate under Article 6. |
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9780, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 10648, May 19, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 10801, Jun. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13774, Jan. 19, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14113, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 18 Omitted.
ADDENDA <Act No. 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.
ADDENDA <Act No. 16583, Nov. 26, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Dispositions)
The previous provisions shall apply to administrative dispositions against violations committed before this Act enters into force.