CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to lay the foundation for the systematic growth of aviation business of the Republic of Korea and for strengthening the competitiveness thereof by prescribing necessary matters concerning the formulation of aviation policies and aviation business, and to contribute to the development of the national economy and the promotion of public welfare by maintaining order and pursuing sound development of aviation business and improving the convenience of users.
The terms used in this Act are defined as follows: <Amended by Act No. 14550, Jan. 17, 2017>
| 1. | The term "aviation business" means business that a person conducts after he or she obtains a license, permission, authorization, or registration from or files a report to the Minister of Land, Infrastructure and Transport pursuant to this Act; |
| 7. | The term "air transport service" means domestic air transport services, international air transport services, and small-scale air transport services; |
| 8. | The term "air operator" means a domestic air operator, international air operator, and small-scale air operator; |
| 9. | The term "domestic air transport service" means a business of transporting passengers and cargo for remuneration by using aircraft to meet the demand of others, which is the business of operating flights falling under any of the following by using aircraft of at least a certain size prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| (a) | Scheduled domestic flights: Flights operated in accordance with a regular flight plan on specific routes between domestic airports; |
| (b) | Non-scheduled domestic flights: Flights other than those specified in item (a) provided in the Republic of Korea; |
| 10. | The term "domestic air operator" means a person who has obtained a license to operate domestic air transport services from the Minister of Land, Infrastructure and Transport pursuant to Article 7 (1); |
| 11. | The term "international air transport service" means a business of transporting passengers and cargo for remuneration on demand by using aircraft, which is the business of operating flights falling under any of the following by using aircraft of at least a certain size prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| (a) | Scheduled international flights: Flights operated in accordance with a regular flight plan on specific routes between a domestic airport and a foreign airport or between foreign airports; |
| (b) | Non-scheduled international flights: Flights other than those specified in item (a) provided between a domestic airport and a foreign airport or between foreign airports; |
| 12. | The term "international air operator" means a person who has obtained a license to provide international air transport services from the Minister of Land, Infrastructure and Transport pursuant to Article 7 (1); |
| 13. | The term "small-scale air transport service" means a business of transporting passengers and cargo for remuneration by using aircraft in compliance with the demand of others, which is the business of operating air transport services other than domestic air transport services and international air transport services; |
| 14. | The term "small-scale air operator" means a person who has registered the business of operating small-scale air transport services with the Minister of Land, Infrastructure and Transport pursuant to Article 10 (1); |
| 15. | The term "aircraft rental services" means a business other than the business of operating air transport services, which provides services prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as crop dusting, transportation of construction materials, aerial photography, or flight training in compliance of the demand of others by using aircraft, for remuneration; |
| 16. | The term "aircraft rental service provider" means a person who has registered the business of operating aircraft rental services with the Minister of Land, Infrastructure and Transport pursuant to Article 30 (1); |
| 17. | The term "aircraft maintenance service" means a business of providing any of the following services in compliance of the demand of others: |
| (a) | Maintenance, repair, or modification of aircraft, engines, propellers, fitments, or parts; |
| (b) | Supporting technical management, quality management, etc. of services referred to in item (a); |
| 18. | The term "aircraft maintenance service provider" means a person who has registered the business of providing aircraft maintenance services with the Minister of Land, Infrastructure and Transport pursuant to Article 42 (1); |
| 19. | The term "aircraft ground handling service" means a business of refueling aircraft, loading and unloading airfreight or luggage, and other ground handling prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in compliance with the demand of others; |
| 20. | The term "aircraft ground handling service provider" means a person who has registered the business of providing aircraft ground handling services with the Minister of Land, Infrastructure and Transport pursuant to Article 44 (1); |
| 21. | The term "air charter service" means a business of renting an entire aircraft, light sport aircraft, or ultra-light aircraft (excluding business referred to in subparagraph 26 (b)) for remuneration in compliance with the demand of others; |
| 22. | The term "air charter operator" means a person who has registered an air charter services with the Minister of Land, Infrastructure and Transport pursuant to Article 46 (1); |
| 23. | The term "ultra-light aircraft rental service" means a business of providing services prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as crop dusting and aerial photography, for remuneration by using an ultra-light aircraft prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in compliance with the demand of others; |
| 24. | The term "ultra-light aircraft rental service provider" means a person who has registered a business of providing ultra-light aircraft rental services with the Minister of Land, Infrastructure and Transport pursuant to Article 48 (1); |
| 25. | The term "sport and leisure aviation" means aerial activities as a hobby, amusement, experience, education, game, etc. (including a flight by using a parachute falling from the sky); |
| 26. | The term "sport and leisure aviation service" means a business of providing any of the following services for remuneration in compliance with the demand of others: |
| (a) | Flying an aircraft (limited to an airship and a glider), light sport aircraft, or ultra-light aircraft prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, with persons onboard for the purpose of flight training, experience and viewing scenery; |
| (b) | Renting any of the following for sport and leisure aviation: |
| (i) | Aircraft prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as a glider; |
| (ii) | Light sport aircraft; |
| (iii) | Ultra-light aircraft; |
| (c) | Maintenance, repair, or modification of light sport aircraft or ultra-light aircraft; |
| 27. | The term "sport and leisure aviation service provider" means a person who has registered the business of providing sport and leisure aviation services with the Minister of Land, Infrastructure and Transport pursuant to Article 50 (1); |
| 28. | The term "courier services" means a business of delivering documents concerning exportation and importation falling under the proviso of subparagraph 7 of Article 1-2 of the Postal Service Act and samples pertaining thereto by using an aircraft for remuneration in compliance with the demand of others; |
| 29. | The term "courier service provider" means a person who has reported a business of providing courier services with the Minister of Land, Infrastructure and Transport pursuant to Article 52 (1); |
| 30. | The term "general sales agency" means a business of entering into an international transport contract for passengers or cargo by using an aircraft for remuneration, acting on behalf of an air operator (excluding the execution of procedures to obtain a visa on behalf of others); |
| 31. | The term "general sales agent" means a person who has reported a general sales agency to the Minister of Land, Infrastructure and Transport pursuant to Article 52 (1); |
| 32. | The term "city airport terminal services" means a business of establishing and operating facilities necessary to provide convenience concerning the transport and handling of air passengers and air freight in an area other than the airport area referred to in subparagraph 4 of Article 2 of the Airport Facilities Act; |
| 33. | The term "provider of city airport terminal services" means a person who has reported a business of providing city airport terminal services to the Minister of Land, Infrastructure and Transport pursuant to Article 52 (1); |
| 34. | The term "airport operator" means a person who has been authorized to operate an airport or a person to whom the authority to operate the airport has been entrusted or transferred by the person who has been authorized to operate the airport pursuant to related statutes, such as the Incheon International Airport Corporation Act and the Korea Airports Corporation Act; |
| 35. | The term "aviation operator" means an airport operator or an air operator that provides services for remuneration related to the transportation of passengers or cargo by using an airport or aircraft (hereinafter referred to as "aviation services"); |
| 36. | The term "air transport user" means a person who uses aviation services provided by an aviation operator; |
| 37. | The term "aviation insurance" means passenger insurance, airframe insurance, cargo insurance, war risk insurance, third party insurance, flight crew insurance, and other insurance prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 38. | The term "international air transport services provided by a foreigner" means a business of transporting passengers or cargo for remuneration by using an aircraft in compliance with the demand of others pursuant to Article 54 (1); |
| 39. | The term "foreigner providing international air transport services" means a person who has obtained permission for international air transport services provided by a foreigner from the Minister of Land, Infrastructure and Transport pursuant to Article 54 (1). |
| Article 3 (Formulation of Master Plans for Aviation Policy) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate master plans (hereinafter referred to as "master plan for aviation policy") for national aviation policy (excluding matters concerning support for and the nurturing of the aerospace industry under the Aerospace Industry Development Promotion Act; hereinafter the same shall apply) every five years. |
| (2) | Master plans for aviation policy shall include the following: |
| 1. | Changes and the outlook of the environment of domestic and international aviation policy; |
| 2. | Goals of national aviation policy, its strategic plan and implementation plan thereof by phase; |
| 3. | Matters concerning the nurturing of the aviation industry, such as domestic air transport services and aircraft maintenance services, and strengthening of competitiveness; |
| 4. | Matters concerning the efficient development and operation of airports; |
| 5. | Matters concerning the protection of air transport users and for improvement of the services; |
| 6. | Matters concerning the development of technologies related to the aviation industry, such as training of aviation professionals, aviation safety technologies, and aircraft maintenance technologies; |
| 7. | Matters concerning the safety management of air traffic; |
| 8. | Matters concerning aviation security; |
| 9. | Matters concerning revitalization of sport and leisure aviation; |
| 10. | Other matters necessary for the promotion of the aviation industry, such as air transport services and aircraft maintenance services. |
| (4) | Where the Minister of Land, Infrastructure and Transport intends to formulate a master plan for aviation policy or to modify any important matters prescribed by Presidential Decree, he or she shall consult with the heads of related central administrative agencies and the Special Metropolitan City Mayor, a Metropolitan City Mayor, Metropolitan Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"). |
| (5) | Where the Minister of Land, Infrastructure and Transport formulates or modify a master plan for aviation policy, he or she shall publish in the the Official Gazette notice of details thereof, and notify the heads of related central administrative agencies and the Mayor/Do Governor of the details thereof. |
| (6) | The Minister of Land, Infrastructure and Transport shall formulate annual action plans for the implementation of master plans for aviation policy. |
| Article 4 (Establishment and Operation of Aviation Policy Committee) |
| (1) | The Aviation Policy Committee (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Minister of Land, Infrastructure and Transport in order to deliberate on the following: |
| 1. | Formulation and modification of master plans for aviation policy; |
| 2. | Formulation and modification of annual action plans under Article 3 (6); |
| 4. | Matters concerning important policies concerning the development of an airport or airfield exceeding a certain size prescribed by Presidential Decree and the raising of funds; |
| 5. | Matters concerning cooperation among related government agencies in relation to the development of an airport or airfield, which are brought up for deliberation by the Chairperson of the Committee; |
| 6. | Other important matters concerning aviation policy and matters concerning the development of an airport or airfield, which are brought up for deliberation by the Chairperson of the Committee. |
| (2) | The Committee shall be composed of approximately 20 members including one chairperson. |
| (3) | The Minister of Land, Infrastructure and Transport shall be the Chairman of the Committee, and the following persons shall serve as members of the Committee: |
| 1. | Vice Ministers of administrative agencies prescribed by Presidential Decree; |
| 2. | Up to 13 persons appointed by the Minister of Land, Infrastructure and Transport, who have extensive knowledge and experience in aviation. |
| (4) | The term of office of members of the Committee referred to in paragraph (3) 2 shall be two years. |
| (5) | Working committees may be established within the Committee to conduct specialized research on and prior review of items on the agenda to be submitted to the Committee and to handle affairs delegated by the Committee. |
| (6) | In addition to matters provided for in paragraphs (1) through (5), matters concerning the composition, operation, etc. of the Committee and working committees shall be prescribed by Presidential Decree. |
| (7) | Where a member of the Committee falls under any of the following, he or she shall be disqualified from deliberation on the relevant item on the agenda subject to deliberation: |
| 1. | Where he or she or a corporation, organization, etc. to which he or she belongs has an interest in the relevant item; |
| 3. | Where he or she is deemed to have a direct interest in a resolution of the Committee. |
| (8) | Where the circumstances indicate that it would be impracticable to expect fair deliberation and decisions of a member, any party may file a request for a challenge to the member with the Committee. In such cases, where the Committee deems such request appropriate, it shall decide whether or not to accept the request by resolution. |
| (9) | Where a member of the Committee falls under paragraph (7) or (8), he or she shall refrain from deliberations on the relevant item on the agenda subject to deliberation by himself or herself. |
| Article 5 (Formulation of Aviation Technology Development Plans) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate an aviation technology development plan for the development of aviation technologies. |
| (2) | An aviation technology development plan shall include the following: |
| 1. | Matters concerning the development of safety technology of modes of air transportation and the creation of a foundation for the dissemination of safety technology both at home and abroad; |
| 2. | Matters concerning the development of aviation accident prevention technology and aircraft maintenance technology; |
| 3. | Matters concerning the development of air traffic control and navigation facility technology; |
| 4. | Matters concerning the development of airport operation and management technology; |
| 5. | Other matters necessary for the development of the aviation technology industry. |
| Article 6 (Informatization of Aviation Business) |
| (1) | The Minister of Land, Infrastructure and Transport may implement the following projects in order to electronically handle affairs concerning the management, utilization, and provision of information related to aviation: |
| 1. | Creation and operation of a flight information system for management of operation and flight information; |
| 2. | Creation and operation of an aviation logistics information system for the management of information about aviation logistics; |
| 3. | Creation and operation of an aviation information portal system for the provision of information related to air transportation and the aviation industry; |
| 4. | Creation and operation of a regular remote examination system for the management of information about examinations for certification of competency of persons engaged in aviation; |
| 5. | Creation and operation of an aviation personnel training program informatization system for training and management of aviation personnel; |
| 6. | Other projects prescribed by Presidential Decree deemed necessary to electronically handle affairs related to aviation. |
| (2) | In order to implement projects referred to in paragraph (1), the Minister of Land, Infrastructure and Transport may request the heads of related central administrative agencies, aviation operators referred to in Article 65 (1), airport operators and the heads of institutions and organizations related to aviation to submit necessary data, such as computerized information about resident registration (including personally identifiable information, such as resident registration numbers and alien registration numbers) and a manifest. In such cases, those requested to provide data shall comply with such request unless any extenuating circumstance exists. |
| (3) | If deemed necessary, the Minister of Land, Infrastructure and Transport may fully or partially entrust projects referred to in paragraph (1) to a related specialized institution, as prescribed by Presidential Decree. |
| (4) | In addition to matters provided for in paragraphs (1) through (3), matters necessary for informatization of the aviation business shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
CHAPTER II AIR TRANSPORT SERVICES
| Article 7 (Domestic Air Transport Services and International Air Transport Services) |
| (1) | A person who intends to operate domestic air transport services or international air transport services shall obtain a license from the Minister of Land, Infrastructure and Transport: Provided, That where he or she has obtained a license to operate international air transport services, he or she shall be deemed to have obtained a license to operate domestic air transport services. |
| (2) | Where a person who has obtained a license referred to in paragraph (1) intends to operate scheduled flights, he or she shall obtain permission to operate flights on each route from the Minister of Land, Infrastructure and Transport. |
| (3) | Where a person who has obtained a license referred to in paragraph (1) intends to operate non-scheduled flights, he or she shall obtain permission from the Minister of Land, Infrastructure and Transport. |
| (4) | A person who intends to obtain a license referred to in paragraph (1) shall submit an application to the Minister of Land, Infrastructure and Transport accompanied by a plan for business operation, and a person who intends to obtain permission referred to in paragraph (2) shall submit an application to the Minister of Land, Infrastructure and Transport accompanied by a business plan. |
| (5) | Where the Minister of Land, Infrastructure and Transport intends to issue a license pursuant to paragraph (1) or to revoke a license pursuant to Article 28, he or she shall make a decision after hearing opinions of related experts and interested persons. |
| (6) | Where a person who has obtained a license or permission referred to in paragraphs (1) through (3) intends to modify any important matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport among the details thereof, he or she shall obtain a license or permission to make the modification. |
| (7) | Matters concerning procedures for granting a license, permission, license to make an alteration, and permission to make an alteration, the submission of relevant documents, such as a license, and matters necessary for gathering opinions under paragraphs (1) through (6) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 8 (Criteria for Granting License to Operate Domestic Air Transport Services and International Air Transport Services) |
| (1) | Criteria for granting a license to operate domestic air transport services or international air transport services shall be as follows: <Amended by Act No. 16565, Aug. 27, 2019> |
| 1. | The relevant business shall not be likely to compromise the safety of air transportation based on such considerations as the safety of aircraft, the plan to secure human resources including flight crew; |
| 2. | The relevant business shall be appropriate for the convenience of users when taking into account the current status and prospect of the aviation market; |
| 3. | A person who intends to obtain a license shall have the financial capability to conduct the relevant business in accordance with the criteria prescribed by Presidential Decree, such as operating expenses for a certain period; |
| 4. | A person who intends to obtain a license shall meet the following requirements: |
| (a) | Capital shall be at least five billion won, exceeding the amount prescribed by Presidential Decree; |
| (b) | He or she shall meet the criteria prescribed by Presidential Decree, such as ownership of at least one aircraft; |
| (c) | He or she shall meet the requirements prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which are necessary to conduct business. |
| (2) | A domestic air operator or an international air operator shall meet the criteria for license referred to in paragraph (1) before the first operation of aircraft after he or she obtains a license pursuant to Article 7 (1), and shall continuously meet the criteria thereafter. |
| (3) | In order to verify whether a person who has obtained a license meets the criteria for granting the license referred to in paragraph (2), the Minister of Land, Infrastructure and Transport may request him or her to submit necessary data, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | Where a case falling under any of the subparagraphs of Article 9 occurs or any significant managerial change occurs as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as a change to large shareholders, a domestic air operator or international air operator shall immediately notify the Minister of Land, Infrastructure and Transport thereof. |
| Article 9 (Grounds for Disqualification for Granting License to Operate Domestic Air Transport Services and International Air Transport Services) |
The Minister of Land, Infrastructure and Transport shall not grant a license to operate domestic air transport services or international air transport services to any of the following persons: <Amended by Act No. 15325, Dec. 26, 2017>
| 2. | A person under adult guardianship, a person under limited guardianship, or a person who was declared bankrupt and is yet to be reinstated; |
| 5. | A person in whose case two years have not passed since his or her license to operate domestic air transport services, international air transport services, small-scale air transport services, or aircraft rental services or the registration of the aforesaid services was revoked: Provided, That this shall not apply to any person whose license or registration was revoked under Article 28 (1) 4 or 40 (1) 4 for falling under subparagraph 2; |
| 6. | A corporation that has a person as its executive officer falling under any of subparagraphs 1 through 5. |
| Article 10 (Small-Scale Air Transport Services) |
| (1) | A person who intends to operate small-scale air transport services shall register his or her business with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | A person who intends to register the business of operating small-scale air transport services under paragraph (1) shall meet the following requirements: |
| 1. | Capital or the assessed value of assets shall be at least 700 million won, exceeding the amount prescribed by Presidential Decree; |
| 2. | He or she shall meet the criteria prescribed by Presidential Decree, such as ownership of at least one aircraft; |
| 3. | He or she shall meet other requirements prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which are required to conduct business. |
| (3) | Where a person who has registered a business of operating small-scale air transport services pursuant to paragraph (1) intends to operate scheduled flights, he or she shall obtain permission to operate flights on each route from the Minister of Land, Infrastructure and Transport, and where he or she intends to operate non-scheduled flights, he or she shall report non-scheduled flights to the Minister of Land, Infrastructure and Transport. |
| (4) | A person who intends to obtain registration, make a report or obtain permission pursuant to paragraphs (1) through (3) shall submit an application stating the scheduled date of commencement of flights, etc., to the Minister of Land, Infrastructure and Transport accompanied by a business plan and other documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | Where a person who intends to obtain registration, make a report or obtain permission pursuant to paragraphs (1) through (3) intends to modify any important matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport among the details thereof, he or she shall register for modification, report modification, or obtain permission for modification from the Minister of Land, Infrastructure and Transport. |
| (6) | Matters concerning procedures, etc. for registering, reporting, obtaining permission, registering for any modification, reporting any modification and obtaining permission for any modification pursuant to paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (7) | Article 9 shall apply mutatis mutandis to the grounds for disqualification for registering a business of operating small-scale air transport services. |
| Article 11 (Emergency Response Plan for Aviation Accident) |
| (1) | Where a person who intends to obtain a license to operate domestic air transport services and international air transport services pursuant to Article 7 (1) or who intends to register a business of operating small-scale air transport services pursuant to Article 10 (1) files an application for a license or registration, he or she shall submit such application to the Minister of Land, Infrastructure and Transport accompanied by a plan for assisting passengers onboard and their families related to an aviation accident (hereinafter referred to as "emergency response plan for aviation accident") under subparagraph 6 of Article 2 of the Aviation Safety Act, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | An emergency response plan for aviation accident shall include the following: |
| 1. | Matters concerning the establishment and operation of an aviation accident countermeasure headquarters; |
| 2. | Matters concerning the rescue of victims and procedures for compensation; |
| 3. | Matters concerning the identification, confirmation, management, and delivery of remains and belongings; |
| 4. | Matters concerning notification to and assistance for families of victims; |
| 5. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Where the Minister of Land, Infrastructure and Transport deems the details of an emergency response plan for aviation accident inadequate to promptly deal with the aviation accident, he or she may order an applicant to supplement or modify the details thereof. |
| (4) | Where an aviation accident referred to in subparagraph 6 of Article 2 of the Aviation Safety Act occurs, an air operator shall without delay implement matters included in an emergency response plan for aviation accident. |
| (5) | The Minister of Land, Infrastructure and Transport shall not grant a license referred to in Article 7 (1) to or accept registration referred to in Article 10 (1) of a person who fails to submit an emergency response plan for aviation accident or who fails to comply with an order to supplement or modify under paragraph (3). |
| Article 12 (Modification of Business Plan) |
| (1) | An air operator shall operate air transport services in accordance with a business plan which he or she submitted when he or she applied for a business license, registration or permission to operate flights on routes or a business plan for which modification was authorized or reported: Provided, That the foregoing shall not apply where it is difficult for him or her to operate air transport services in accordance with the business plan for any of the following reasons: |
| 2. | Unforeseen maintenance, which is maintenance for the safe operation of flights; |
| 4. | Flight connections (limited to unavoidable cases prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport); |
| 5. | Unavoidable reasons corresponding to subparagraphs 1 through 4. |
| (2) | Where an air operator falls under the proviso of paragraph (1), he or she shall report the case to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Where an air operator intends to modify a business plan under paragraph (1), he or she shall obtain authorization from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where he or she intends to modify any minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he or she shall report modification thereof to the Minister of Land, Infrastructure and Transport. |
| (4) | Notwithstanding paragraph (3), where a person who intends to operate flights for any of the following non-business purposes submits a flight plan under Article 67 (2) 4 of the Aviation Safety Act to the Minister of Land, Infrastructure and Transport, he or she shall be deemed to have obtained authorization for the modification of his or her business plan: |
| 1. | Ferry flight for the maintenance of an aircraft; |
| 2. | Test flight to examine the performance of an aircraft after the maintenance of the aircraft; |
| 3. | Flight of an aircraft that returned to an alternate airport to a destination airport; |
| 4. | Flight to transport people or cargo, such as rescuers or emergency relief supplies, without compensation. |
| (5) | Article 8 (1) shall apply mutatis mutandis to criteria for authorizing modification of a business plan under paragraph (3). |
| Article 13 (Inspection of Whether Business Plan Is Adhered to) |
| (1) | In order to minimize inconvenience to users relating to air transportation, the Minister of Land, Infrastructure and Transport may inspect whether an air operator adheres to a flight plan prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which is part of a business plan referred to in Article 12. |
| (2) | The Minister of Land, Infrastructure and Transport may take necessary measures, such as an order to improve operations or the suspension of operation, as a result of an inspection under paragraph (1). |
| (3) | The Minister of Land, Infrastructure and Transport may establish a dedicated inspection team to efficiently conduct inspections under paragraph (1), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | Article 73 shall apply mutatis mutandis to cases where the Minister of Land, Infrastructure and Transport conducts inspections pursuant to paragraph (1). |
| Article 14 (Authorization of Airfare and Airfreight Fees for Air Transport Services) |
| (1) | Each international air operator and small-scale air operator (only applicable to scheduled international flights) shall determine airfares for passengers or airfreight fees (excluding mail; hereinafter the same shall apply) on international routes, as stipulated in an air services agreement related to the relevant international routes, and obtain authorization from or make a report to the Minister of Land, Infrastructure and Transport. The foregoing shall also apply where he or she intends to change the airfare or airfreight fees. |
| (2) | Where a domestic air operator or small-scale air operator (only applicable to scheduled domestic flights) intends to determine or change airfares for passengers or airfreight fees for flights on domestic routes, he or she shall announce it in advance for at least 20 days. |
| (3) | Criteria for authorization of airfares and airfreight fees under paragraph (1) shall be as follows: |
| 1. | The airfare and airfreight fees shall not exceed an amount including appropriate expenses and profit for the relevant air transport services; |
| 2. | The nature of service provided by the relevant air transport services shall be considered; |
| 3. | No international air operator, domestic air transport services, or small-scale air transport services shall unreasonably discriminate against any specific passenger or shipper of cargo; |
| 4. | No international air operator, domestic air transport services, or small-scale air transport services shall cause passengers or shippers of cargo to experience serious difficulties in using the relevant air transport services; |
| 5. | No international air operator, domestic air transport services, or small-scale air transport services shall have the tendency to cause unfair competition with other air operators. |
| Article 15 (Agreement concerning Air Transport) |
| (1) | Where an air operator enters into an agreement concerning air transportation (hereinafter referred to as "air transport agreement"), such as a codeshare agreement, or agreement concerning cooperation (hereinafter referred to as "cooperation agreement"), such as business cooperation concerning flight schedules, airfares, publicity and sale with another air operator (including a foreign provider of international air transport services), he or she shall obtain authorization from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. The foregoing shall also apply where he or she intends to modify any matters authorized. |
| (2) | Notwithstanding the latter part of paragraph (1), where an air operator modifies any minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he or she shall immediately report modification thereof to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Neither air transport agreement nor cooperation agreement shall include any of the following matters: |
| 1. | Essentially restricting competition among air operators; |
| 2. | Unjustly infringing upon the interests of users or discriminating against specific users; |
| 3. | Unjustly restricting the admission or withdrawal of other air operators. |
| (4) | Where the Minister of Land, Infrastructure and Transport authorizes a cooperation agreement or modification thereof pursuant to paragraph (1), he or she shall preconsult with the Fair Trade Commission. |
| (5) | An air transport agreement or a cooperation agreement shall enter into force after the Minister of Land, Infrastructure and Transport authorizes the air transport agreement or the cooperation agreement, or modification thereof. |
| Article 16 (Allocation of Traffic Rights) |
| (1) | The Minister of Land, Infrastructure and Transport may determine the frequency of flights at a conference on aviation with a foreign government, and allocate the right to operate flights (hereinafter referred to as "traffic rights") with a frequency not exceeding the agreed frequency of flights to international air operator upon request. |
| (2) | Where the Minister of Land, Infrastructure and Transport allocates traffic rights pursuant to paragraph (1), he or she shall consider the criteria for granting a license under the subparagraphs of Article 8 (1) and the terms of agreement, etc., reached at the conference on aviation with a foreign government. |
| (3) | Where an international air operator falls under any of the following, the Minister of Land, Infrastructure and Transport may fully or partially withdraw traffic rights allocated in order to enhance the utilization of the traffic rights: |
| 1. | Where he or she discontinues operation or discontinue flights on the relevant route pursuant to Article 25; |
| 2. | Where he or she fails to operate flights on the relevant route within one year after he or she is granted traffic rights; |
| 3. | Where he or she fails to fully or partially use traffic rights after he or she operates flights on the relevant route. |
| (4) | Application for allocation of traffic rights, criteria for and methods of allocation and withdrawal thereof under paragraphs (1) through (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in consideration of whether it is possible for an international air operator to operate flights, convenience of users, etc. |
| Article 17 (Allocation of Transit Rights) |
| (1) | The Minister of Land, Infrastructure and Transport may determine the frequency of flights by Korean aircraft over the territory of a foreign country at a conference on aviation with a foreign government, and allocate the right to operate flights with a frequency of flights not exceeding the frequency determined (hereinafter referred to as "transit rights") to international air operators upon request. |
| (2) | Where the Minister of Land, Infrastructure and Transport allocates transit rights under paragraph (1), he or she shall consider the criteria for granting a license under the subparagraphs of Article 8 (1) and the terms of agreement, etc., based on the discussions at a conference on aviation with a foreign government. |
| (3) | Where an air operator fails to use transit rights allocated pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport may fully or partially withdraw the transit rights so allocated. |
| (4) | Application for allocation of transit rights, criteria for and methods of allocation and withdrawal thereof under paragraphs (1) through (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in consideration of whether it is possible for an international air operator to operate flights, convenience of users, etc. |
| Article 18 (Allocation of Slots) |
| (1) | The Minister of Land, Infrastructure and Transport may allocate or adjust departure or arrival of aircraft (hereinafter referred to as "slot") upon request of air operators for the efficient operation of airports prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as Incheon International Airport under Article 10 (1) 1 of the Incheon International Airport Corporation Act, and the smooth operation of aircraft. <Amended by Act No. 16642, Nov. 26, 2019> |
| (2) | Notwithstanding paragraph (1), the Minister of Land, Infrastructure and Transport may allocate or adjust slots ex officio for the public welfare to ensure, among others, public interest, safety, or convenience of use of aviation in any of the following cases. <Newly Inserted by Act No. 16642, Nov. 26, 2019> |
| 1. | Where airport operations are disrupted or likely to be disrupted because of an act of God damaging the airport facilities or other conditions similar thereto; |
| 2. | 2. Where an aviation safety incident occurs or is likely to occur; |
| 3. | Where a serious imbalance of aviation services between different regions is recognized to undermine the balanced regional development; |
| 4. | Where drastic changes in the aviation demand causes or are likely to cause a serious disruption in the provision of aviation services; |
| 5. | Where a concentration of slots or the like causes disruptions in airport operations; |
| 6. | Where an air operator engages in unfair practices or wrongful acts in connection with allocating or operating slots; |
| 7. | Where it is deemed fairly impractical for an air operator to deliver the air transport service, based on the results of regular evaluation of its services or safety; |
| (3) | In allocating slots under paragraph (1) or (2), the Minister of Land, Infrastructure and Transport shall take into account such factors as the size of airport facilities and the passenger capacity of the airport. <Amended by Act No. 16642, Nov. 26, 2019> |
| (4) | If necessary for allocating or adjusting slots under paragraph (1) or (2) the Minister of Land, Infrastructure and Transport may impose conditions or time limits or adjust the conditions or time limits already imposed. <Newly Inserted by Act No. 16642, Nov. 26, 2019> |
| (5) | Where an air operator fails to fully or partially use the slots allocated pursuant to paragraph (1) or (2), the Minister of Land, Infrastructure and Transport may withdraw the slots for improving the utilization of slots, efficient operation of airports, facilitating the operation of aircraft, ensuring the safety of air transportation, protection of air transport users, improvement of aviation services, etc. <Amended by Act No. 16642, Nov. 26, 2019> |
| (6) | Applications for allocating slots, and criteria for and methods of allocation, adjustment and withdrawal thereof referred to in paragraphs (1) through (5), and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 16642, Nov. 26, 2019> |
| (7) | Where an air operator intends to exchange the slots allocated under paragraph (1) or (2) with those allocated to another air operator, he or she shall obtain authorization from the Minister of Land, Infrastructure and Transport. <Newly Inserted by Act No. 16642, Nov. 26, 2019> |
| (8) | Filing an application for authorization under paragraph (7), standards for authorization, and other matters necessary for the exchange of slots shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 16642, Nov. 26, 2019> |
| Article 19 (Duty of Air Operators to Commence Flights) |
| (1) | An air operator shall commence flights on the scheduled date of commencement of flights stated in an application for a license or application for registration. |
| (2) | Where an air operator obtains permission to operate scheduled flights on routes pursuant to Article 7 (2) or 10 (3), he or she shall commence flights on the scheduled date of commencement of flights stated in an application for permission to operate flights on routes. |
| (3) | Notwithstanding paragraphs (1) and (2), where an air operator postpones the scheduled date of commencement of flights due to an act of God or other reasons beyond his or her control, he or she shall obtain approval from the Minister of Land, Infrastructure and Transport, and where he or she intends to commence flights before the scheduled date of commencement of flights, he or she shall report the commencement of flights to the Minister of Land, Infrastructure and Transport. In such cases, he or she shall commence flights on the scheduled date of commencement of flights approved by or reported to the Minister of Land, Infrastructure and Transport. |
| Article 20 (Prohibition of Lending of License to Operate Air Transport Services) |
No air operator shall allow another person to operate air transport services by using his or her name or trade name, or lend his or her license or certificate of registration to another person.
| Article 21 (Transfer and Takeover of Air Transport Services) |
| (1) | Where an air operator intends to transfer or take over air transport services, he or she shall obtain authorization from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where a small-scale air operator intends to transfer or take over small-scale air transport services, he or she shall report the transfer or takeover thereof to the Minister of Land, Infrastructure and Transport. |
| (2) | Where the Minister of Land, Infrastructure and Transport receives an application for authorization of transfer or takeover, or receives a report on the transfer or takeover pursuant to paragraph (1), where a relevant transferor or transferee falls under any of the following, he or she shall not authorize the transfer or takeover, or accept a report on the transfer or takeover: |
| 1. | Where a transferee falls under any of the subparagraphs of Article 9; |
| 2. | Where a transferor is subject to the suspension of services pursuant to Article 28 and is under the suspension of operation; |
| (3) | Where the Minister of Land, Infrastructure and Transport receives an application for authorization or a report under paragraph (1), he or she shall publicly announce the receipt of such application or report, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, a transferor shall bear expenses incurred in making a public announcement. |
| (4) | Where the Minister of Land, Infrastructure and Transport grants authorization or accepts a report pursuant to paragraph (1), a transferee shall succeed to the position of an air operator, who is a transferor, under this Act. |
| Article 22 (Merger of Corporations) |
| (1) | Where a domestic air operator or international air operator, who is a corporation, intends to merge with another air operator or a person who operates a business other than air transport services, he or she shall obtain authorization from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where a small-scale air operator, who is a corporation, intends to merge with another air operator or a person who operates a business other than air transport services, he or she shall report to the Minister of Land, Infrastructure and Transport. |
| (2) | Article 8 (1) shall apply mutatis mutandis to criteria for authorization or report under paragraph (1). |
| (3) | Where an air operator obtains authorization or his or her report is accepted pursuant to paragraph (1), a corporation that continues to exist or is newly established after a merger shall succeed to the position of an air operator under this Act, who is a corporation that ceases to exist after a merger. |
| (1) | Where an air operator dies, his or her successor (where there are at least two successors, referring to one successor determined through consultation) shall succeed to the position of the air operator who is the predecessor, under this Act. |
| (2) | Where a successor under paragraph (1) intends to continue to operate air transport services of his or her predecessor, he or she shall report to the Minister of Land, Infrastructure and Transport within 30 days from the date on which his or her predecessor dies. |
| (3) | Where a successor who has succeeded to the position of an air operator pursuant to paragraph (1) falls under any of the subparagraphs of Article 9, he or she may transfer air transport services to another person within three months. |
| Article 24 (Suspension of Air Transport Services and Suspension of Flights on Routes) |
| (1) | Where an air operator falls under any of the following, he or she shall obtain permission from the Minister of Land, Infrastructure and Transport: Provided, That where an international air operator intends to suspend domestic air transport services (including the suspension of flights on domestic routes), he or she shall report to the Minister of Land, Infrastructure and Transport: |
| 1. | Where an international air operator intends to suspend international air transport services (including the suspension of flights on international routes); |
| 2. | Where a small-scale air operator intends to suspend flights on international routes. |
| (2) | Criteria for granting permission to suspend air transport services or to suspend flights on routes under the main clause of paragraph (1) shall be as follows: |
| 1. | No reservation for a flight shall be made for the scheduled period of suspension of air transport services or suspension of flights on routes, or where reservations for flights have been made, such measures as provision of alternative flights shall be taken; |
| 2. | Suspension of air transport services or suspension of flights on routes shall not cause significant inconvenience to users or undermine public interest . |
| (3) | Where a domestic air operator or a small-scale air operator intends to suspend air transport services (including the suspension of flights on routes, but excluding the suspension of flights on international routes), he or she shall report to the Minister of Land, Infrastructure and Transport. |
| (4) | The period of suspension of air transport services or suspension of flights on routes under paragraphs (1) and (3) shall not exceed six months: Provided, That the period of suspension of flights on routes on which it is possible for an air operator to provide flights without any limitation on flight routes, capacity entitlements, etc. under an air services agreement with a foreign country shall not exceed 12 months. |
| Article 25 (Discontinuation of Air Transport Services and Discontinuation of Flights on Routes) |
| (1) | Where an international air operator intends to discontinue air transport services (including the discontinuation of flights on international routes) or small-scale air operator intends to discontinue flights on international routes, he or she shall obtain permission from the Minister of Land, Infrastructure and Transport: Provided, That where an international air operator intends to discontinue domestic air transport services (including the discontinuation of flights on domestic routes), he or she shall report the discontinuation thereof to the Minister of Land, Infrastructure and Transport. |
| (2) | Criteria for granting permission to discontinue air transport services or flights on routes under the main clause of paragraph (1) shall be as follows: |
| 1. | No reservation shall already have been made for originally scheduled flights after the date of such closedown or all countermeasures, including arrangement of alternative flights, shall be fully taken, if any reservation is made; |
| 2. | The closure of business or air route shall not disturb the sound order of the aviation market. |
| (3) | Where a domestic air operator or small-scale air operator intends to discontinue air transport services (including the discontinuation of flights on routes, but excluding the discontinuation of flights on international routes), he or she shall report the discontinuation thereof to the Minister of Land, Infrastructure and Transport. |
| Article 26 (Conditions for Granting License to Operate Air Transport Services) |
| (1) | Conditions may be attached or the expiration date may be assigned to a license, registration, authorization, or permission under Articles 7, 10, 12, 14, 15, 21, and 24, or conditions already attached or the expiration date already assigned may be changed. |
| (2) | Conditions or the expiration date under paragraph (1) shall be the minimum necessary to promote the public interest or to grant a license, registration, authorization, or permission, and shall not impose unreasonable obligations on the relevant air operator. |
| Article 27 (Orders to Improve Operations) |
Where the Minister of Land, Infrastructure and Transport deems it necessary in order to improve aviation services, he or she may order an aviation operator to do the following:
| 1. | To modify a business plan; |
| 2. | To modify airfares and airfreight fees; |
| 3. | To improve aircraft and other facilities; |
| 5. | Matters necessary to implement an international treaty concerning aviation; |
| 6. | Matters necessary to protect air transport users; |
| 7. | To submit and implement a plan to improve services as a result of the assessment of aviation services under Article 63; |
| 8. | To improve financial structure as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 9. | Other matters necessary to eliminate elements interfering with the safe operation of aircraft. |
| Article 28 (Revocation of License to Operate Air Transport Services) |
| (1) | Where an air operator falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke the license or registration thereof, or order him or her to fully or partially suspend operation within a fixed period not exceeding six months: Provided, That where he or she falls under subparagraph 1, 2, 4 or 21, he or she shall have his or her license or registration thereof revoked: <Amended by Act No. 14871, Aug. 9, 2017; Act No. 16565, Aug. 27, 2019; Act No. 16642, Nov. 26, 2019> |
| 1. | Where he or she has obtained a license or registration by fraud or other improper means; |
| 2. | Where he or she fails to implement matters licensed pursuant to Article 7 or matters registered pursuant to Article 10; |
| 3. | Where he or she fails to meet criteria for granting a license under Article 8 (1) or criteria for registration under Article 10 (2): Provided, That the foregoing shall not apply where he or she falls under any of the following: |
| (a) | Where he or she temporarily fails to meet criteria for granting a license or registration, but meets the criteria thereof within three months; |
| (c) | Where a creditors committee passes a resolution calling for the commencement of the procedure for joint management by financial institutions that have claims, and the procedure is being performed; |
| 4. | Where an air operator falls under any of the subparagraphs of Article 9: Provided, That the foregoing shall not apply where he or she falls under any of the following: |
| (a) | Where a corporation that falls under subparagraph 6 of Article 9 appoints another executive officer who is free from grounds for disqualification within three months in lieu of the relevant executive officer; |
| (b) | Where a successor transfers a business of operating air transport services to another person within three months from the date on which his or her predecessor is deceased; |
| 5. | Where he or she fails to conduct business in accordance with a business plan under the main clause of Article 12 (1), or fails to report under paragraph (2) of the same Article or makes a false report; |
| 6. | Where he or she modifies a business plan without authorization or report pursuant to Article 12 (3); |
| 7. | Where he or she fails to obtain authorization of airfares and airfreight fees or authorization for modification thereof, or to make the report or the report on modification thereof, and where he or she fails to implement matters authorized or reported, in violation of Article 14 (1); |
| 8. | Where he or she fails to obtain authorization for an air transport agreement or a cooperation agreement, or authorization for modification thereof, or to make the report or make the report on modification thereof, and where he or she fails to implement matters authorized or reported, in violation of Article 15; |
| 9. | Where he or she allows another person to conduct business by using his or her name or trade name, or lends a license or certificate of registration to another person, in violation of Article 20; |
| 10. | Where he or she transfers or takes over a business without authorization or report, in violation of Article 21 (1); |
| 11. | Where he or she merges the business with another business without authorization or report, in violation of Article 22 (1); |
| 12. | Where he or she fails to report on succession, in violation of Article 23 (2); |
| 13. | Where he or she suspends his or her business without obtaining permission or making a report, or fails to recommence his or her business after the period of suspension expires, in violation of Article 24 (1) or (3); |
| 14. | Where he or she fails to fulfill requirements, etc. for obtaining a license, etc. imposed pursuant to Article 26 (1); |
| 15. | Where he or she fails to comply with an order to improve operations under subparagraph 1, 2, 4, or 6 of Article 27; |
| 16. | Where damage to safety or users prescribed by Presidential Decree is likely to occur because at least half of the capital impairment continues for at least two years after an order to improve operations under subparagraph 8 of Article 27; |
| 17. | Where he or she allows an aircraft to be in the movement area in excess of the time specified in Article 61-2 (1), in violation of the same paragraph; |
| 18. | Where he or she fails to keep the stipulations of transportation, etc. or to make them available to air transport users for perusal, in violation of Article 62 (4); |
| 19. | Where he or she fails to provide the total amount of an airfare, etc. to air transport users so that they can easily understand the total amount, in violation of Article 62 (5); |
| 20. | Where there exists an obvious reason to endanger the national security or social public order; |
| 21. | Where he or she conducts business during the period of suspension of operation, in violation of an order to suspend operation under this Article. |
| (2) | Criteria and procedures for imposing dispositions under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 29 (Imposition of Penalty Surcharges) |
| (1) | Where the Minister of Land, Infrastructure and Transport shall require an air operator to suspend operation for falling under Article 28 (1) 3 or any of subparagraphs 5 through 20 of the same Article, in which case the suspension of operation is likely to cause serious inconvenience to users, etc. of air transport services or to harm public interest, the Minister of Land, Infrastructure and Transport may impose a penalty surcharge not exceeding five billion won in lieu of the suspension of operation: Provided, That the Minister of Land, Infrastructure and Transport may impose a penalty surcharge not exceeding two billion won on a small-scale air operator. <Amended by Act No. 16642, Nov. 26, 2019> |
| (2) | Types of offenses for which penalty surcharges are imposed pursuant to paragraph (1), the amounts of penalty surcharges depending on severity of the offense, and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Where a person liable to pay a penalty surcharge under paragraph (1) fails to pay the penalty surcharge by the deadline for payment, the Minister of Land, Infrastructure and Transport shall collect it in the same manner as delinquent national taxes are collected. |
CHAPTER III AIRCRAFT RENTAL SERVICES
SECTION 1 Aircraft Rental Services
| Article 30 (Registration of Business of Operating Aircraft Rental Services) |
| (1) | Where a person who intends to operate aircraft rental services shall submit an application stating the scheduled date, etc. of commencement of flights to the Minister of Land, Infrastructure and Transport accompanied by a business plan and other documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and shall register his or her business with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | A person who intends to register a business of operating aircraft rental services under paragraph (1) shall meet the following requirements: |
| 1. | Capital or the assessed value of assets shall be at least 700 million won, exceeding the amount prescribed by Presidential Decree; |
| 2. | He or she shall meet the criteria prescribed by Presidential Decree, such as ownership of at least one aircraft; |
| 3. | He or she shall meet other requirements prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which are required to operate air rental services. |
| (3) | No person who falls under any of the subparagraphs of Article 9 shall register a business of operating air rental services. |
| Article 30-2 (Purchase of Guarantee Insurance) |
| (1) | A person who conducts a business of providing flight training using aircraft (hereinafter referred to as "flight training provider") among aircraft rental service providers shall purchase guarantee insurance, join a mutual aid organization or make a security deposit for business (hereinafter referred to as "guarantee insurance, etc.") to compensate students for any damage due to non-fulfillment of the return of flight training fees, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That in cases prescribed by Presidential Decree in consideration of the financial capability of a relevant flight training provider, he or she may choose not to purchase guarantee insurance, etc. or make a security deposit. |
| (2) | Where a student (limited to a student who may receive compensation for damage in accordance with guarantee insurance, etc. referred to in paragraph (1)) wants a contract to be canceled or terminated or where a flight training provider is unable to continue his or her business due to revocation, suspension, etc. of business registration, he or she shall take measures necessary to protect students, such as refund of flight training fees which he or she has received from students. |
| (3) | Specific reasons for refunding flight training fees under paragraph (2), amounts to be refunded, and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 14550, Jan. 17, 2017]
| Article 31 (Duty of Aircraft Rental Service Providers to Commence Flights) |
An aircraft rental service provider shall commence flights on the scheduled date of commencement of flights stated in an application for registration: Provided, That the foregoing shall not apply where he or she postpones the commencement date of flights upon obtaining approval from the Minister of Land, Infrastructure and Transport due to an act of God or other reasons beyond his or her control, and where he or she makes a report to the Minister of Land, Infrastructure and Transport to commence flights before the scheduled date of commencement of flights.
| Article 32 (Modification of Business Plan) |
| (1) | An aircraft rental service provider shall operate aircraft rental services in accordance with a business plan he or she submits, when he or she obtains registration: Provided, That the foregoing shall not apply where there are extenuating circumstances prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as worsening weather. |
| (2) | Where an aircraft rental service provider intends to modify a business plan referred to in paragraph (1), he or she shall obtain authorization from the Minister of Land, Infrastructure and Transport: Provided, That where he or she intends to modify any minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he or she shall report modification thereof to the Minister of Land, Infrastructure and Transport. |
| (3) | Criteria for authorization of modification of a business plan referred to in paragraph (2) shall be as follows: |
| 1. | The commencement of the relevant business is not likely to endanger air transportation safety; |
| 2. | The commencement of the relevant business is not likely to cause excessive competition among business operators, and shall be appropriate for convenience of users. |
| Article 33 (Prohibition of Lending of Name) |
No aircraft rental service provider shall allow another person to operate aircraft rental services by using his or her name or trade name, or lend his or her certificate of registration to another person.
| Article 34 (Transfer and Takeover of Aircraft Rental Services) |
| (1) | Where an aircraft rental service provider intends to transfer or take over aircraft rental services, he or she shall report the transfer or takeover thereof to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where the Minister of Land, Infrastructure and Transport receives a report on the transfer or takeover of services pursuant to paragraph (1), where a transferor or transferee falls under any of the following, he or she shall not accept the report on the transfer or takeover thereof: |
| 1. | Where a transferee falls under any of the subparagraphs of Article 9; |
| 2. | Where a transferor is subject to the suspension of services pursuant to Article 40 and is under the period of suspension of services; |
| (3) | Where the Minister of Land, Infrastructure and Transport receives a report under paragraph (1), he or she shall publicly announce the transfer or takeover of a business, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, a transferor shall bear the expenses incurred in making a public announcement. |
| (4) | Where the Minister of Land, Infrastructure and Transport accepts a report pursuant to paragraph (1), a transferee shall succeed to the position of an aircraft rental service provider under this Act, who is a transferor. |
| Article 35 (Merger of Corporations) |
| (1) | Where an aircraft rental service provider, who is a corporation, intends to merge with another aircraft rental service provider or a person who conducts business other than aircraft rental services, he or she shall report the intended merger to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where the Minister of Land, Infrastructure and Transport accepts a report pursuant to paragraph (1), a corporation that continues to exist or is newly established after a merger shall succeed to the position of an aircraft rental service provider under this Act, who is a corporation that has ceased to exist. |
| (1) | Where an aircraft rental service provider dies, his or her successor (where there are at least two successors, referring to one successor selected through consultation) shall succeed to the position of the aircraft rental service provider under this Act, who is his or her predecessor. |
| (2) | Where a successor referred to in paragraph (1) intends to continue to operate the aircraft rental services of his or her predecessor, he or she shall report to the Minister of Land, Infrastructure and Transport within 30 days from the date on which his or her predecessor dies. |
| (3) | Where a successor who has succeeded to the position of an aircraft rental service provider pursuant to paragraph (1) falls under any of the subparagraphs of Article 9, he or she may transfer the business of operating such aircraft rental services to another person within three months. |
| Article 37 (Suspension of Aircraft Rental Services) |
| (1) | Where an aircraft rental service provider intends to suspend the operation, he or she shall report to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | The period of suspension of operation referred to in paragraph (1) shall not exceed six months. |
| Article 38 (Discontinuation of Aircraft Rental Services) |
| (1) | Where an aircraft rental service provider intends to discontinue aircraft rental services, he or she shall report to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | An aircraft rental service provider may discontinue aircraft rental services referred to in paragraph (1) in any of the following cases: |
| 1. | No reservation shall be made after the date of discontinuation of aircraft rental services, or where reservations are made, measures such as provision of alternative services shall be taken; |
| 2. | Discontinuation of aircraft rental services shall not disturb the sound order in the aviation market. |
| Article 39 (Orders to Improve Services) |
Where the Minister of Land, Infrastructure and Transport deems it necessary to improve aircraft rental services, he or she may require aircraft rental service providers to do the following:
| 1. | To modify a business plan; |
| 2. | Improvement in aircraft and other facilities; |
| 4. | Matters necessary for implementing an international treaty concerning aviation; |
| 5. | Other matters necessary for improving aircraft rental services. |
| Article 40 (Revocation of Registration of Aircraft Rental Services) |
| (1) | Where an aircraft rental service provider falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke the registration thereof or require him or her to fully or partially suspend operation within a fixed period not exceeding six months: Provided, That where he or she falls under subparagraph 1, 2, 4, 13, or 15, the Minister of Land, Infrastructure and Transport shall revoke the registration thereof: <Amended by Act No. 14550, Jan. 17, 2017; Act No. 14871, Aug. 9, 2017> |
| 1. | Where he or she has obtained registration by fraud or other improper means; |
| 2. | Where he or she fails to implement matters registered pursuant to Article 30 (1); |
| 3. | Where he or she fails to meet criteria for registration under Article 30 (2): Provided, That the foregoing shall not apply where he or she falls under any of the following: |
| (a) | Where he or she temporarily fails to meet criteria for registration, but meets the criteria therefor within three months; |
| (c) | Where a council of financial creditors passes a resolution calling for the commencement of a joint administrative proceeding by creditor financial institutions, and the proceeding is underway; |
| 4. | Where an aircraft rental service provider falls under any of the subparagraphs of Article 9: Provided, That the foregoing shall not apply where he or she falls under any of the following: |
| (a) | Where a corporation that falls under subparagraph 6 of Article 9 appoints another executive officer who is free from grounds for disqualification within three months in lieu of the relevant executive officer; |
| (b) | Where a successor transfers the business of operating aircraft rental services to another person within three months from the date on which his or her predecessor dies; |
| 4-2. | Where he or she fails to purchase guarantee insurance, etc. or to make a security deposit, in violation of Article 30-2 (1); |
| 5. | Where he or she fails to conduct business in accordance with a business plan, in violation of Article 32 (1), and where he or she modifies a business plan without authorization or report pursuant to paragraph (2) of the same Article; |
| 6. | Where he or she requires another person to conduct business by using his or her name or trade name, or lends his or her certificate of registration to another person, in violation of Article 33; |
| 7. | Where he or she transfers or takes over his or her business without making a report, in violation of Article 34 (1); |
| 8. | Where he or she fails to report merger, in violation of Article 35 (1); |
| 9. | Where he or she fails to report succession of a relevant business, in violation of Article 36 (2); |
| 10. | Where he or she suspends operation without report and fails to resume operation even after the suspension period of operation expires, in violation of Article 37 (1) and (2); |
| 11. | Where he or she fails to comply with an order to improve operations under subparagraph 1 or 3 of Article 39; |
| 12. | Where he or she fails to keep an airfare table, etc. or to make it available to air transport users for perusal, in violation of Article 62 (6); |
| 14. | Where there exists an obvious cause for concern for endangering of the national security or social public order; |
| 15. | Where he or she conducts business during the period of suspension of operation, in violation of an order to suspend operation under this Article. |
| (2) | Criteria and procedures for imposing dispositions under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 41 (Imposition of Penalty Surcharge) |
| (1) | Where the Minister of Land, Infrastructure and Transport shall require an aircraft rental service provider to suspend operation for falling under any of Article 40 (1) 3, 4-2, 5 through 12 or 14, in which case the suspension of operation is likely to cause serious inconvenience to users, etc. of such services or to harm public interest, the Minister of Land, Infrastructure and Transport may impose a penalty surcharge not exceeding one billion won in lieu of the suspension of operation. <Amended by Act No. 14550, Jan. 17, 2017> |
| (2) | Types of offenses for which penalty surcharges are imposed pursuant to paragraph (1), the amounts of penalty surcharges depending on severity of the offense, and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Where a person liable to pay a penalty surcharge under paragraph (1) fails to pay the penalty surcharge by the deadline for payment, the Minister of Land, Infrastructure and Transport shall collect it in the same manner as delinquent national taxes are collected. |
SECTION 2 Aircraft Maintenance Services
| Article 42 (Registration of Aircraft Maintenance Services) |
| (1) | A person who intends to provide aircraft maintenance services shall register his or her business with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. Where he or she intends to modify any matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport among matters registered, he or she shall report modification thereof to the Minister of Land, Infrastructure and Transport. |
| (2) | A person who intends to register the business of aircraft maintenance services under paragraph (1) shall meet the following requirements: |
| 1. | Capital and the assessed value of assets shall be at least 300 million won, exceeding the amount prescribed by Presidential Decree; |
| 2. | He or she shall meet criteria prescribed by Presidential Decree, such as at least one aircraft maintenance technician; |
| 3. | He or she shall meet other requirements prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which are required to operate air rental services. |
| (3) | No person who falls under any of the following shall register the aircraft maintenance services: <Amended by Act No. 15325, Dec. 26, 2017> |
| 1. | A person who falls under any of subparagraphs 2 through 6 of Article 9 (excluding cases where there is a person who is not a citizen of the Republic of Korea among the executive officers of a corporation); |
| 2. | A person in whose case two years have not passed since his or her registration of the aircraft maintenance services was revoked: Provided, That this shall not apply to a person whose registration for the aircraft maintenance services was revoked under Article 43 (7) for falling under subparagraph 2 of Article 9. |
| Article 43 (Provisions Applied Mutatis Mutandis to Aircraft Maintenance Services) |
| (1) | Article 33 shall apply mutatis mutandis to prohibition against lending the name of aircraft maintenance services. |
| (2) | Article 34 shall apply mutatis mutandis to transfer or takeover of aircraft maintenance services. |
| (3) | Article 35 shall apply mutatis mutandis to merger of aircraft maintenance services. |
| (4) | Article 36 shall apply mutatis mutandis to succession of aircraft maintenance services. |
| (5) | Articles 37 and 38 shall apply mutatis mutandis to suspension of operation and discontinuation of operation of aircraft maintenance services. |
| (6) | Article 39 (excluding subparagraph 3 of the same Article) shall apply mutatis mutandis to orders to improve operation of aircraft maintenance services. |
| (7) | Article 40 shall apply mutatis mutandis to revocation of the registration of aircraft maintenance services or suspension of operation: Provided, That Article 40 (1) 4 (limited to cases where an aircraft maintenance service provider falls under subparagraph 1 of Article 9), 4-2, 5, and 13 shall not apply mutatis mutandis thereto. <Amended by Act No. 14550, Jan. 17, 2017> |
| (8) | Article 41 shall apply mutatis mutandis to the imposition of penalty surcharges on aircraft maintenance services. In such cases, "one billion won" provided for in Article 41 (1) shall be construed as "300 million won". |
SECTION 3 (Aircraft Ground Handling Services)
| Article 44 (Registration of Aircraft Ground Handling Services) |
| (1) | A person who intends to conduct aircraft ground handling services shall register the business with the Minister of Land, Infrastructure and Transport by submitting an application accompanied by a business plan and other documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. Where the person intends to modify any matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport among matters registered, he or she shall report modification thereof to the Minister of Land, Infrastructure and Transport. |
| (2) | A person who intends to register aircraft ground handling services referred to in paragraph (1) shall meet the following requirements: |
| 1. | Capital or the assessed value of assets shall be at least 300 million won, exceeding the amount prescribed by Presidential Decree; |
| 2. | Equipment, etc. for refueling of aircraft, loading and unloading, and ground handling services shall meet standards prescribed by Presidential Decree; |
| 3. | He or she shall meet other requirements prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which are required to conduct business. |
| (3) | Any of the following persons shall not register aircraft ground handling services: <Amended by Act No. 15325, Dec. 26, 2017> |
| 1. | A person who falls under any of subparagraphs 2 through 6 of Article 9 (excluding cases where there is a person who is not a citizen of the Republic of Korea among the executive officers of a corporation); |
| 2. | A person in whose case two years have not passed since the registration of the business of providing aircraft ground handling services was revoked: Provided, That this shall not apply to any person whose registration for the aircraft ground handling services was revoked under Article 45 (7) for falling under subparagraph 2 of Article 9. |
| Article 45 (Provisions Applied Mutatis Mutandis to Aircraft Ground Handling Services) |
| (1) | Article 33 shall apply mutatis mutandis to prohibition against lending the name of the aircraft ground handling services. |
| (2) | Article 34 shall apply mutatis mutandis to transfer or takeover of aircraft ground handling services. |
| (3) | Article 35 shall apply mutatis mutandis to a merger of aircraft ground handling services. |
| (4) | Article 36 shall apply mutatis mutandis to succession of the business of providing aircraft ground handling services. |
| (5) | Articles 37 and 38 shall apply mutatis mutandis to the suspension of operation and discontinuation of the operation of aircraft ground handling services. |
| (6) | Article 39 (excluding subparagraph 3 of the same Article) shall apply mutatis mutandis to orders to improve operation of aircraft ground handling services. |
| (7) | Article 40 shall apply mutatis mutandis to revocation of registration or suspension of operation of aircraft ground handling services: Provided, That Article 40 (1) 4, (limited to cases where an aircraft ground handling service provider falls under subparagraph 1 of Article 9), 4-2, 5, and 13 shall not apply mutatis mutandis thereto. <Amended by Act No. 14550, Jan. 17, 2017> |
| (8) | Article 41 shall apply mutatis mutandis to the imposition of penalty surcharges on aircraft ground handling services. In such cases, "one billion won" provided for in Article 41 (1) shall be construed as "300 million won". |
SECTION 4 AIR CHARTER SERVICES
| Article 46 (Registration of Air Charter Services) |
| (1) | A person who intends to operate air charter services shall register his or her business with the Minister of Land, Infrastructure and Transport by submitting an application to him or her accompanied by a business plan and other documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. Where the person intends to modify any matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport among matters he or she has registered, he or she shall report modification thereof to the Minister of Land, Infrastructure and Transport. |
| (2) | A person who intends to register air charter services under paragraph (1) shall meet the following requirements: |
| 1. | Capital or the assessed value of assets shall be at least 30 million won, exceeding the amount prescribed by Presidential Decree; |
| 2. | He or she shall meet standards prescribed by Presidential Decree, such as ownership of at least one aircraft, light sport aircraft, or ultra-light aircraft; |
| 3. | He or she shall meet other requirements prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which are required to conduct business. |
| (3) | No person who falls under any of the following shall register a business of operating air charter services: <Amended by Act No. 15325, Dec. 26, 2017> |
| 1. | A person who falls under any of the subparagraphs of Article 9; |
| 2. | A person in whose case two years have not passed since the registration of the business of operating air charter services was revoked: Provided, That this shall not apply to any person whose registration for the business of air charter services was revoked under Article 47 (8) for falling under subparagraph 2 of Article 9. |
| Article 47 (Provisions Applied Mutatis Mutandis to Air Charter Services) |
| (1) | Article 32 shall apply mutatis mutandis to a business plan for air charter services. |
| (2) | Article 33 shall apply mutatis mutandis to prohibition against lending the name of the business of operating air charter services. |
| (3) | Article 34 shall apply mutatis mutandis to transfer or takeover of the business of operating air charter services. |
| (4) | Article 35 shall apply mutatis mutandis to a merger of business of operating air charter services. |
| (5) | Article 36 shall apply mutatis mutandis to succession of the business of operating air charter services. |
| (6) | Articles 37 and 38 shall apply mutatis mutandis to suspension of operation and discontinuation of operation of air charter services. |
| (7) | Article 39 shall apply mutatis mutandis to orders to improve operation of air charter services. In such cases, "aircraft" provided for in subparagraph 2 of Article 39 shall be construed as "aircraft, light sport aircraft, or ultra-light aircraft," and "aircraft accident under subparagraph 6 of Article 2 of the Aviation Safety Act" provided for in subparagraph 3 of the same Article shall be construed as "aircraft accident, light sport aircraft accident or ultra-light aircraft accident under subparagraphs 6 through 8 of Article 2 of the Aviation Safety Act". |
| (8) | Article 40 (excluding paragraph (1) 4-2 and 13 of the same Article) shall apply mutatis mutandis to revocation of registration or suspension of operation of business of operating air charter services. <Amended by Act No. 14550, Jan. 17, 2017> |
| (9) | Article 41 shall apply mutatis mutandis to the imposition of penalty surcharges on business of operating air charter services. In such cases, "one billion won" provided for in Article 41 (1) shall be construed as "300 million won". |
SECTION 5 Ultra-Light Aircraft Rental Services
| Article 48 (Registration for Ultra-Light Aircraft Rental Services) |
| (1) | A person who intends to operate ultra-light aircraft rental services shall register his or her business with the Minister of Land, Infrastructure and Transport by submitting an application to him or her accompanied by a business plan and other documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. Where the person intends to modify any matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport among matters he or she has registered, he or she shall report modification thereof to the Minister of Land, Infrastructure and Transport. |
| (2) | A person who intends to register a business of operating ultra-light aircraft rental services under paragraph (1) shall meet the following requirements: <Amended by Act No. 14346, Dec. 2, 2016> |
| 1. | Capital or the assessed value of assets shall be at least 30 million won, exceeding the amount prescribed by Presidential Decree: Provided, That the foregoing shall not apply where he or she intends to operate ultra-light aircraft rental services by using only unmanned aerial vehicles whose maximum gross takeoff weight does not exceed 25 kilograms; |
| 2. | He or she shall meet standards prescribed by Presidential Decree, such as ownership of at least one ultra-light aircraft; |
| 3. | He or she shall meet other requirements prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in order to operate ultra-light aircraft rental services. |
| (3) | No person who falls under any of the following shall register a business of operating ultra-light aircraft rental services: <Amended by Act No. 15325, Dec. 26, 2017> |
| 1. | A person who falls under any of the subparagraphs of Article 9; |
| 2. | A person in whose case two years have not passed since the registration of a business of operating ultra-light aircraft rental services was revoked: Provided, That this shall not apply to any person whose registration for ultra-light aircraft rental services was revoked under Article 49 (8) for falling under subparagraph 2 of Article 9. |
| Article 49 (Provisions Applied Mutatis Mutandis to Ultra-Light Aircraft Rental Services) |
| (1) | Article 32 shall apply mutatis mutandis to a business plan for ultra-light aircraft rental services. |
| (2) | Article 33 shall apply mutatis mutandis to prohibition against lending the name of the ultra-light aircraft rental services. |
| (3) | Article 34 shall apply mutatis mutandis to transfer or takeover of ultra-light aircraft rental services. |
| (4) | Article 35 shall apply mutatis mutandis to a merger of ultra-light aircraft rental services. |
| (5) | Article 36 shall apply mutatis mutandis to succession of ultra-light aircraft rental services. |
| (6) | Articles 37 and 38 shall apply mutatis mutandis to the suspension and discontinuation of operation of ultra-light aircraft rental services. |
| (7) | Article 39 shall apply mutatis mutandis to orders to improve operation of ultra-light aircraft rental services. In such cases, "aircraft" provided for in subparagraph 2 of Article 39 shall be construed as "ultra-light aircraft," and "aircraft accident under subparagraph 6 of Article 2 of the Aviation Safety Act" provided for in subparagraph 3 of the same Article shall be construed as "ultra-light aircraft accident under subparagraph 8 of Article 2 of the Aviation Safety Act". |
| (8) | Article 40 (excluding paragraph (1) 4-2 and 13 of the same Article) shall apply mutatis mutandis to revocation of registration or suspension of operation of ultra-light aircraft rental services. <Amended by Act No. 14550, Jan. 17, 2017> |
| (9) | Article 41 shall apply mutatis mutandis to imposition of penalty surcharges on a business of ultra-light aircraft rental services. In such cases, "one billion won" provided for in Article 41 (1) shall be construed as "30 million won". |
SECTION 6 (Sport and Leisure Aviation Services)
| Article 50 (Registration of Business of Operating Sport and Leisure Aviation Services) |
| (1) | A person who intends to operate sport and leisure aviation services shall register his or her business with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. Where the person intends to modify any matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport among matters he or she has registered, he or she shall report modification thereof to the Minister of Land, Infrastructure and Transport. |
| (2) | A person who intends to register a business of sport and leisure aviation services under paragraph (1) shall meet the following requirements: |
| 1. | Capital or the assessed value of assets shall be at least 30 million won, exceeding the amount prescribed by Presidential Decree; |
| 2. | He or she shall meet standards prescribed by Presidential Decree, such as ownership of at least one aircraft, light sport aircraft, or ultra-light aircraft; |
| 3. | He or she shall meet other requirements prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which are required to operate air rental services. |
| (3) | None of the following persons shall file for registration for sport and leisure aviation services: <Amended by Act No. 15325, Dec. 26, 2017> |
| 1. | A person who falls under any of the subparagraphs of Article 9; |
| 2. | A person in whose case two years have not passed since the registration for aircraft ground handling services, aircraft maintenance services, or sport and leisure aviation services (limited to services applicable thereto among services under the items of subparagraph 26 of Article 2) was revoked: Provided, That this shall not apply to any person whose registration was revoked under Article 43 (7), 45 (7), or 51 (7) for falling under subparagraph 2 of Article 9. |
| (4) | Where sport and leisure aviation services fall under any of the following, the Minister of Land, Infrastructure and Transport may restrict the registration for the sport and leisure aviation services: |
| 1. | Where an accident related to the safety of sport and leisure aviation activities is likely to occur and sport and leisure aviation services are likely to cause serious inconvenience to users or to harm the public interest; |
| 2. | Where the Minister of Land, Infrastructure and Transport deems business activities inappropriate when taking into consideration the population density of an area, privacy infringement, traffic, noise, the surrounding environment, etc.; |
| 3. | Where the Minister of Land, Infrastructure and Transport deems restrictions on the registration for sport and leisure aviation services necessary for aviation safety, accident prevention, etc. |
| Article 51 (Provisions Applied Mutatis Mutandis to Sport and Leisure Aviation Services) |
| (1) | Article 33 shall apply mutatis mutandis to prohibition against lending the name of sport and leisure aviation services. |
| (2) | Article 34 shall apply mutatis mutandis to transfer or takeover of sport and leisure aviation services. |
| (3) | Article 35 shall apply mutatis mutandis to a merger of sport and leisure aviation services. |
| (4) | Article 36 shall apply mutatis mutandis to succession of sport and leisure aviation services. |
| (5) | Articles 37 and 38 shall apply mutatis mutandis to suspension and discontinuation of operation of sport and leisure aviation services. |
| (6) | Article 39 shall apply mutatis mutandis to orders to improve operation of sport and leisure aviation services. In such cases, "aircraft" provided for in subparagraph 2 of Article 39 shall be construed as "aircraft, light sport aircraft, or ultra-light aircraft," and "aircraft accident under subparagraph 6 of Article 2 of the Aviation Safety Act" provided for in subparagraph 3 of the same Article shall be construed as "aircraft accident, light sport aircraft accident, or ultra-light aircraft accident under subparagraphs 6 through 8 of Article 2 of the Aviation Safety Act". |
| (7) | Article 40 (excluding paragraph (1) 4-2, 5, and 13 of the same Article) shall apply mutatis mutandis to revocation of registration or suspension of operation of sport and leisure aviation services. <Amended by Act No. 14550, Jan. 17, 2017> |
| (8) | Article 41 shall apply mutatis mutandis to the imposition of penalty surcharges on sport and leisure aviation services. In such cases, "one billion won" provided for in Article 41 (1) shall be construed as "300 million won". |
SECTION 7 Courier Services
| Article 52 (Reporting of Courier Services) |
| (1) | A person who intends to operate courier services, general sales agency, and city airport terminal services (hereinafter referred to as "courier services, etc.") shall report such services to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. The foregoing shall also apply where he or she intends to modify any matters he or she has reported. |
| (2) | A person who intends to report under paragraph (1) shall submit the relevant report to the Minister of Land, Infrastructure and Transport accompanied by a business plan and other documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 53 (Provisions Applied Mutatis Mutandis to Courier Services) |
| (1) | Articles 28 (only applicable to paragraph (1) 18 of the same Article) and 29 shall apply mutatis mutandis to keeping the stipulations of transportation, etc. of general sales agency and penalty surcharges thereon. In such cases, "revocation of a license or registration" provided for in the main clause and proviso of Article 28 (1), with the exception of its subparagraphs shall be construed as "closure of a place of business," and "five billion won" provided for in the main clause of Article 29 (1) shall be construed as "300 million won". <Amended by Act No. 16642, Nov. 26, 2019> |
| (2) | Article 33 shall apply mutatis mutandis to prohibition against lending the name of courier services, etc. In such cases, "certificate of registration" shall be construed as "certificate of report". |
| (3) | Article 34 shall apply mutatis mutandis to transfer or takeover of courier services, etc. |
| (4) | Article 35 shall apply mutatis mutandis to a merger of courier services, etc. |
| (5) | Article 36 shall apply mutatis mutandis to the succession of courier services, etc. |
| (6) | Articles 37 and 38 shall apply mutatis mutandis to the suspension and discontinuation of operation of courier services, etc. |
| (7) | Article 39 (excluding subparagraph 3 of the same Article) shall apply mutatis mutandis to orders to improve operation of courier services, etc. |
| (8) | Article 40 (excluding paragraph (1) 3, 4, 4-2, 12, and 13 of the same Article) shall apply mutatis mutandis to the closure of a place of business or suspension of operation of courier services, etc. In such cases, "revocation of registration" provided for in the main clause and proviso, with the exception of the subparagraphs, of Article 40 (1) shall be construed as "closure of a place of business". <Amended by Act No. 14550, Jan. 17, 2017> |
| (9) | Article 41 shall apply mutatis mutandis to the imposition of penalty surcharges on the business of courier services, etc. In such cases, "one billion won" provided for in Article 41 (1) shall be construed as "300 million won". |
CHAPTER IV INTERNATIONAL AIR TRANSPORT SERVICES PROVIDED BY FOREIGNERS
| Article 54 (Permission to Operate International Air Transport Services Provided by Foreigners) |
| (1) | Notwithstanding Articles 7 (1) and (10) 1, any of the following persons may operate passenger or cargo air transport services in compliance with the demand of others by operating flights (including flights between regions in the Republic of Korea operated in relation to such flights) falling under any of the subparagraphs of Article 100 (1) of the Aviation Safety Act for remuneration after obtaining permission from the Minister of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport may permit him or her to operate air transport services by restricting the frequency of flights and the type of aircraft to use to the extent that such operation does not interfere with the development of international aviation of domestic air transport services: |
| 1. | A person who is not a citizen of the Republic of Korea; |
| 2. | A foreign government or foreign public organization; |
| 3. | A foreign corporation or organization; |
| 4. | A corporation where a person falling under any of subparagraphs 1 through 3 holds at least half of the shares or equity stakes thereof or essentially controls the business thereof: Provided, That where an air services agreement entered into by the Republic of Korea and the relevant country (including the United Nations or an economic community) stipulates otherwise, the air services agreement shall apply thereto; |
| 5. | A corporation in whose case a foreigner is the representative in the certificate of corporate registration, or foreigners account for at least half of the number of executive officers in the certificate of corporate registration: Provided, That where an air services agreement entered into by the Republic of Korea and the relevant country (including the United Nations or an economic community) stipulates otherwise, the air services agreement shall apply thereto. |
| (2) | Criteria for granting permission under paragraph (1) shall be as follows: |
| 1. | A foreigner shall be a person designated as an international air operator by the relevant country in accordance with the air services agreement entered into by the Republic of Korea and the relevant country; |
| 2. | A foreigner shall have obtained approval for air operator Certificate (AOC) under Article 103 (1) of the Aviation Safety Act for the reason that safety of flight adheres to the standards and methods stipulated in the Convention on International Civil Aviation and Annexes to the aforesaid Convention; |
| 3. | Details of international air transport services shall comply with the air services agreement entered into by the Republic of Korea and the relevant country; |
| 4. | International air transport services shall aim at smooth air transportation of international passengers and cargo. |
| (3) | A person who intends to obtain permission under paragraph (1) shall submit an application to the Minister of Land, Infrastructure and Transport accompanied by a business plan and other documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport by no later than 60 days prior to the scheduled date of commencement of flights, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 55 (Air Transportation by Foreign Aircraft for Remuneration) |
| (1) | Where the user of aircraft that has a foreign nationality (excluding aircraft used for international air transport services by a foreign provider of international air transport services) operates flights (including flights between regions in the Republic of Korea operated in relation to such flights) under Article 100 (1) 1 or 2 of the Aviation Safety Act, in which case he or she arrives at an airport in the Republic of Korea or transports passengers or cargo departing from the Republic of Korea for remuneration, he or she shall obtain permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Criteria for granting permission referred to in paragraph (1) shall be as follows: |
| 1. | International air transport services shall supplement the scheduled flights under the air services agreement entered into by the Republic of Korea and the relevant country; |
| 2. | The safety of flights shall adhere to the standards and methods stipulated in the Convention on International Civil Aviation and Annexes to the same Convention; |
| 3. | International air transport services shall not disturb the sound market order; |
| 4. | International air transport services shall aim at smooth air transportation of international passengers and cargo. |
| Article 56 (Prohibition of Air Transportation by Foreign Aircraft in Republic of Korea for Remuneration) |
| Article 57 (Suspension of Operation of International Air Transport Services Provided by Foreigners) |
| (1) | Where a foreigner providing international air transport services intends to suspend operation, he or she shall report the suspension to the Minister of Land, Infrastructure and Transport. |
| (2) | The period of suspension of operation referred to in paragraph (1) shall not exceed six months. |
| (3) | Where a foreigner providing international air transport services fails to report the discontinuation of operation without resuming operation after the maximum period of suspension of operation referred to in paragraph (2) expires, he or she shall be deemed to have discontinued operation on the next day after the date on which the maximum period of suspension of operation expires. |
| Article 58 (Prohibition of Transportation of Munitions) |
No person shall transport munitions prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport by operating flights falling under any of the subparagraphs of Article 100 (1) of the Aviation Safety Act using aircraft that has a foreign nationality (excluding the aircraft used by the government of the United States of America pursuant to Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States, and persons engaged in aviation duties in relation thereto): Provided, That the foregoing shall not apply where he or she has obtained permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
| Article 59 (Revocation of Permission to Operate International Air Transport Services Provided by Foreigners) |
| (1) | The Minister of Land, Infrastructure and Transport may revoke permission granted to any of the following foreigner providing international air transport services or require him or her to suspend operation within a fixed period not exceeding six months: Provided, That where he or she falls under subparagraph 1 or 22, the Minister of Land, Infrastructure and Transport shall revoke permission granted to him or her: <Amended by Act No. 14871, Aug. 9, 2017; Act No. 16642, Nov. 26, 2019> |
| 1. | Where the person obtains permission by fraud or other improper means; |
| 2. | Where he or she operates flights or conduct business not in compliance with criteria for granting permission under Article 54 (2); |
| 3. | Where he or she suspends operation without report, conducts business during the period of suspension of operation or fails to resume operation even after the period of suspension of operation expires, in violation of Article 57; |
| 4. | Where he or she fails to conduct business in accordance with a business plan, or determines or modifies a business plan without approval or report, in violation of Article 12 (1) through (3) applied mutatis mutandis in Article 60 (2); |
| 5. | Where he or she fails to obtain authorization for airfares and airfreight fees or authorization for modification thereof, to report airfares and airfreight fees or report modification thereof, or to implement matters authorized or reported, in violation of Article 14 (1) applied mutatis mutandis in Article 60 (4); |
| 6. | Where he or she fails to obtain authorization for an air transport agreement or a cooperation agreement or authorization for modification thereof, to report an air transport agreement or a cooperation agreement, and to implement matters authorized or reported, in violation of Article 15 applied mutatis mutandis in Article 60 (5); |
| 7. | Where he or she fails to fulfill conditions, etc. for permission, etc. imposed pursuant to Article 26 applied mutatis mutandis in Article 60 (8); |
| 8. | Where he or she fails to comply with an order to improve operations under Article 27 applied mutatis mutandis in Article 60 (9); |
| 9. | Where he or she allows an aircraft to be in the movement area in excess of the time specified in Article 61-2 (1) applied mutatis mutandis in Article 60 (11), in violation of Article 61-2 (1); |
| 9-2. | Where he or she fails to fulfill his or her duty to keep documents, such as the stipulations of transportation, etc. and to provide information about the total amount of airfares, etc., in violation of Article 62 (4) and (5) applied mutatis mutandis in Article 60 (12); |
| 10. | Where he or she uses aircraft that does not have radio equipment installed as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or aircraft in which radio equipment is present but was not operated, to operate flights, in violation of Article 51 of the Aviation Safety Act; |
| 11. | Where he or she uses aircraft without installing or loading flight instruments, etc. to operate flights, or fails to adhere to the method of the operation thereof, etc., in violation of Article 52 of the Aviation Safety Act; |
| 12. | Where he or she fails to indicate the position of aircraft with a beacon, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, when he or she operates flights at night, parks, or stores aircraft at an airport, in violation of Article 54 of the Aviation Safety Act; |
| 15. | Where he or she transports hazardous materials by using aircraft without obtaining permission, in violation of Article 70 (1) of the Aviation Safety Act, or handles hazardous materials without adhering to procedures and methods for handling hazardous materials publicly notified by the Minister of Land, Infrastructure and Transport, in violation of paragraph (3) of the same Article; |
| 18. | Where he or she fails to implement matters permitted or authorized without any just ground; |
| 19. | Where ownership of or de facto control over a majority of shares or equity stakes does not belong to a country that has designated an international air operator pursuant to Article 54 (2) 1 or a citizen of such country: Provided, That where an air services agreement entered into by the Republic of Korea and the relevant country (including the United Nations or an economic community) stipulates otherwise, the air services agreement shall apply thereto; |
| 20. | Where there is an air services agreement entered into by the Republic of Korea and the country that has designated a foreign provider of international air transport services pursuant to Article 54 (2) 1, in which case the air services agreement becomes null and void, or the relevant country or the foreign provider of international air transport services violates the air services agreement; |
| 21. | Where there exists a cause of concern about endangering the national security of the Republic of Korea or disturb the wellbeing and order of society; |
| 22. | Where he or she conducts business during the period of suspension of operation, in violation of an order to suspend operation under this Article. |
| (2) | Article 29 shall apply mutatis mutandis to the imposition of penalty surcharges in lieu of the suspension of operation under paragraph (1). |
| (3) | Detailed criteria for imposing measures under paragraph (1) and other necessary matters concerning procedures for imposing measures shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 60 (Provisions Applied Mutatis Mutandis to International Air Transport Services Provided by Foreigners) |
| (1) | Article 11 shall apply mutatis mutandis to an assistance plan in the case of an aircraft accident of a foreigner providing international air transport services. In such cases, "license or registration" shall be construed as "permission". |
| (2) | Article 12 shall apply mutatis mutandis to modification, etc. to a business plan of a foreigner providing international air transport services. In such cases, "business license, registration or flight permit on a route" shall be construed as "permission". |
| (3) | Article 13 shall apply mutatis mutandis to inspection of whether a foreigner providing international air transport services adheres to a business plan. |
| (4) | Article 14 shall apply mutatis mutandis to authorization, etc. for airfares and airfreight fees of a foreigner providing international air transport services. |
| (5) | Article 15 shall apply mutatis mutandis to an agreement, etc. concerning air transportation of a foreigner providing international air transport services. |
| (6) | Article 18 shall apply mutatis mutandis to the allocation, etc. of slots for a foreigner providing international air transport services. <Newly Inserted by Act No. 16642, Nov. 26, 2019> |
| (7) | Article 25 shall apply mutatis mutandis to the discontinuation of operation of a foreigner providing international air transport services. <Amended by Act No. 16642, Nov. 26, 2019> |
| (8) | Article 26 shall apply mutatis mutandis to conditions, etc. for granting permission to a foreigner providing international air transport services. <Amended by Act No. 16642, Nov. 26, 2019> |
| (9) | Article 27 shall apply mutatis mutandis to an order to improve operations issued to a foreigner providing international air transport services. <Amended by Act No. 16642, Nov. 26, 2019> |
| (10) | Article 61 shall apply mutatis mutandis to the protection, etc. of air transport users provided by a foreigner providing international air transport services. <Amended by Act No. 16642, Nov. 26, 2019> |
| (11) | Article 61-2 shall apply mutatis mutandis to prohibition of delay, etc. in the movement area of a foreigner providing international air transport services. <Newly Inserted by Act No. 16642, Nov. 26, 2019> |
| (12) | Article 62 (1), (4), and (5) shall apply mutatis mutandis to the duty of a foreigner providing international air transport services to report or keep the stipulations of air transportation, etc. and to provide information about the total amount of airfares, etc. <Amended by Act No. 14871, Aug. 9, 2017; Act No. 16642, Nov. 26, 2019> |
| (13) | Article 63 shall apply mutatis mutandis to the evaluation of air transportation services provided by a foreigner providing international air transport services. <Amended by Act No. 16642, Nov. 26, 2019> |
| (14) | Article 64 shall apply mutatis mutandis to the provision of information by a foreigner providing international air transport services. <Amended by Act No. 16642, Nov. 26, 2019> |
CHAPTER V PROTECTION OF AIR TRANSPORT USERS
| Article 61 (Protection of Air Transport Users) |
| (1) | An aviation operator shall formulate procedures and plan to handle relief from damage (hereinafter referred to as "damage relief plan") so as to protect air transport users from any of the following damage by no later than 30 days prior to the commencement of business, and he or she shall implement such procedures and plan, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That the foregoing shall not apply where the aviation operator proves that damage caused by any of the reasons provided for in Article 12 (1) is damage beyond control of the aviation operator: |
| 1. | Failure to provide air transportation and delay therein by the aviation operator; |
| 2. | Loss or damage of luggage; |
| 3. | Oversale of airline tickets; |
| 4. | Delay in the refund of the price of an airline ticket canceled; |
| 5. | Unable to board aircraft because related information, such as a boarding gate and flight, has not been provided; |
| 6. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to protect air transport users. |
| (2) | A damage relief plan shall include the following: |
| 1. | Matters concerning the establishment and operation of an office to receive requests for relief from damage; |
| 2. | Functions and duties of a department to be in charge of affairs concerning relief from damage and persons in charge of such affairs; |
| 3. | Procedures for handling relief from damage; |
| 4. | Methods for providing information that may guide the outcomes of handling relief from damage to applicants for relief from damage; |
| 5. | Other matters concerning relief from damage to air transport users prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | An aviation operator shall handle the application for relief from damage filed by a user of air transportation in a prompt and fair manner, and notify the applicant of the result thereof within 14 days from the date on which he or she receives such application. |
| (4) | Notwithstanding paragraph (3), where there are special reasons, such as cases where translation for inspection of damage suffered by an applicant is required, an aviation operator shall notify the applicant of the result thereof within 60 days from the date on which he or she receives an application for relief from damage to a user of air transportation. In such cases, the aviation operator shall specify such special reasons in a notice. |
| (5) | Where it is difficult to handle an application for relief from damage within the handling period referred to in paragraphs (3) and (4) or a user of air transportation makes a request, an aviation operator shall transfer such application for relief from damage to the Korea Consumer Agency under the Framework Act on Consumers. |
| (6) | An aviation operator shall report matters concerning relief from damage to air transport users, such as the current status of applications for relief from damage filed by air transport users and the outcomes of handling relief from damage, to the Minister of Land, Infrastructure and Transport on a regular basis, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (7) | The Minister of Land, Infrastructure and Transport may request the heads of related central administrative agencies, and the president of the Korea Consumer Agency under Article 33 of the Framework Act on Consumers to provide data concerning relief from damage to air transport users, such as the current status of applications for relief from damage filed by air transport users and the outcomes of handling relief from damage. In such cases, those requested to provide data shall comply with such request unless there is any extenuating circumstance. |
| (8) | The Minister of Land, Infrastructure and Transport may publicly notify the criteria for protection of air transport users in relation to any of the following matters so that an aviation operator may prevent damage to air transport users and provide relief from damage in a prompt and fair manner: |
| 1. | Matters falling under the subparagraphs of paragraph (1); |
| 2. | Matter that may cause damage to consumers in relation to the cancellation, refund and changes of airline tickets; |
| 3. | Matters concerning the provision of information related to booking, purchase, cancellation, refund and changes of airline tickets, and boarding. |
| (9) | Where the Minister of Land, Infrastructure and Transport publicly notify the criteria for protecting air transport users pursuant to paragraph (8), he or she shall preconsult with the heads of related central administrative agencies, and hear opinions of aviation operators, consumer organizations registered pursuant to Article 29 of the Framework Act on Consumers, aviation-related experts, and other interested persons. |
| (10) | An aviation operator, a general sales agent, and a person who has registered a travel and tourism business (hereinafter referred to as "travel agency") pursuant to Article 4 of the Tourism Promotion Act shall adhere to criteria for protecting air transport users under paragraph (8). |
| (11) | The Minister of Land, Infrastructure and Transport may prescribe the standards of convenience for mobility disadvantaged persons in using air transportation with respect to any of the following matters in Ordinance of the Ministry of Land, Infrastructure and Transport in order to protect mobility disadvantaged persons defined in subparagraph 1 of Article 2 of the Act on Promotion of the Transportation Convenience of Mobility Disadvantaged Persons and to ensure their right to mobility: <Newly Inserted by Act No. 16565, Aug. 27, 2019> |
| 1. | Matters concerning the information required to be provided by the aviation operator for mobility disadvantaged persons and the means of providing such information; |
| 2. | Matters concerning services provided by aviation operators for mobility disadvantaged persons in using an airport and in boarding and alighting an aircraft; |
| 3. | Matters concerning services that an air operator shall provide onboard for mobility disadvantaged persons; |
| 4. | Matters concerning training and educating employees, which shall be conducted by aviation operators to provide services related to mobility disadvantaged persons; |
| 5. | Matters concerning handling of complaints received concerning services related to mobility disadvantaged persons; |
| (12) | Every aviation operator shall comply with the standards of convenience for mobility disadvantaged persons in using air transportation under paragraph (11). <Newly Inserted by Act No. 16565, Aug. 27, 2019> |
| Article 61-2 (Prohibition of Delay in Movement Areas) |
| (1) | An air operator shall not allow an aircraft with air transport users onboard to be in the movement area (referring to an area used for the takeoff, landing, and surface maneuvering of aircraft , such as runways, taxiways, and aprons; hereinafter the same shall apply) in excess of the following time: Provided, That the same shall not apply where the head of a related agency opines that the alighting of passengers may cause a serious disruption in the operation of an airport, or where the head of a relevant agency or captain determines that it is unavoidable to hold passengers on the aircraft due to safety or security reasons such as weather, disaster, accidents, and terrorism. |
| 1. | Domestic air transport: Three hours; |
| 2. | International air transport: Four hours; |
| (2) | Where an air operator allows an aircraft to be in the movement area with air transport users onboard, he or she shall communicate the reasons and the progress to the air transport users onboard every 30 minutes. |
| (3) | Where the time to allow an aircraft to be in the movement area with air transport users onboard exceeds two hours, the air operator shall provide the air transport users with appropriate food and beverages and report to the Minister of Land, Infrastructure and Transport without delay, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | The Minister of Land, Infrastructure and Transport in receipt of a report by an air operator under paragraph (3) may request the heads of related agencies and airport operators to provide cooperation necessary to promptly settle the relevant delay situation. In such cases, a person who receives such request shall comply therewith unless there is a compelling reason not to do so. |
| (5) | Other matters concerning procedures and details of prohibition of delay in a movement area, and request for cooperation to the heads of related agencies, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 16642, Nov. 26, 2019]
| Article 62 (Keeping of Stipulations of Air Transportation) |
| (1) | An air operator shall determine and report the stipulations of air transportation to the Minister of Land, Infrastructure and Transport. The foregoing shall also apply where he or she intends to modify the stipulations of air transportation. |
| (2) | If a report or an amended report filed pursuant to paragraph (1) has no defect in its content or in any of documents attached thereto and meets the formal requirements prescribed by statutes and regulations, the obligation to file such report shall be deemed to be fulfilled at the time the report arrives at the recipient institution. <Newly Inserted by Act No. 14871, Aug. 9, 2017> |
| (3) | Matters necessary to report the stipulations of air transportation under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 14871, Aug. 9, 2017> |
| (4) | An aviation operator shall keep the following documents at his or her place of business, on the website or at any conspicuous place where air transport users may easily read them, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and make them available to air transport users for perusal: Provided, That documents under subparagrahs 1 through 3 shall be applicable to air operators among aviation operators: <Amended by Act No. 14871, Aug. 9, 2017> |
| 2. | Table of airfreight fees; |
| 3. | Stipulations of air transportation; |
| 4. | Damage relief plan and related documents to file an application for relief from damage. |
| (5) | An air operator, general sale agent, and travel agency shall provide information to air transport users so that they may easily understand the total amount they should actually bear, including airfares and airfreight fees (hereinafter referred to as "total amount of airfare, etc.") under Article 14 (1) and (2), as prescribed by Presidential Decree. <Amended by Act No. 14871, Aug. 9, 2017> |
| (6) | An aircraft rental service provider, aircraft maintenance service provider, aircraft ground handling service provider, air charter operator, ultra-light aircraft rental service provider, and sport and leisure aviation service provider shall keep a list of charges and the terms and conditions at a conspicuous place where air transport users may easily read in his or her place of business or other business office, and make them available to air transport users for perusal, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 14871, Aug. 9, 2017> |
| (7) | Article 28 (limited to paragraph (1) 19 of the same Article) shall apply mutatis mutandis to the travel and tourism business. In such cases, "Minister of Land, Infrastructure and Transport" provided for in the main clause of Article 28 (1), with the exception of the subparagraphs, shall be construed as "a Special Self-governing City Mayor, a Special Self-governing Province Governor, or head of a Si/Gun/Gu (referring to the head of an autonomous Gu)". <Amended by Act No. 14871, Aug. 9, 2017; Act No. 16642, Nov. 26, 2019> |
| Article 63 (Assessment of Aviation Services) |
| (1) | The Minister of Land, Infrastructure and Transport may assess aviation services provided by an aviation operator in order to promote public welfare and protect the rights and interests of air transport users. |
| (2) | Items for assessment of aviation services under paragraph (1) shall be as follows: |
| 1. | Punctuality or reliability of aviation services; |
| 2. | Convenience of facilities related to aviation services; |
| 3. | Safety of aviation services; |
| 4. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which correspond to subparagraphs 1 through 3. |
| (3) | Where the Minister of Land, Infrastructure and Transport assesses aviation services, he or she may request an aviation operator to submit related data and opinion or to conduct an on-site inspection of services. |
| (4) | An aviation operator requested to submit data or his or her opinion under paragraph (3) shall comply with such request unless there is any extenuating circumstance. |
| (5) | The Minister of Land, Infrastructure and Transport shall publish detailed matters, such as the result of assessment by assessment item, service quality, and order of services, after assessing aviation services under paragraph (1), as prescribed by Presidential Decree. |
| (6) | In addition to matters provided for in paragraphs (1) through (5), detailed matters concerning criteria and procedures for, and the period of assessment of aviation services shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 64 (Provision of Information for Air Transport Users) |
| (1) | In order to protect air transport users and promote aviation services, the Minister of Land, Infrastructure and Transport shall publish an annual report on aviation services (hereinafter referred to as "aviation service report") and provide such report to air transport users, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | An aviation service report shall include the following: |
| 1. | Current list of aviation operators and air transport users; |
| 2. | Current record of damage to air transport users and analysis data therefor; |
| 3. | Matters concerning the levels of aviation service; |
| 5. | Matters concerning international organizations’ or other countries' policy governing the protection of air transport users and aviation services; |
| 6. | Criteria for accumulation and use by air operators (including foreign providers of international air transport services) of miles (referring to points, etc. accumulated based on distance flown on the airline, the amount paid, etc.) accumulated based on the purchase of airline tickets by air transport users; |
| 7. | In addition to matters provided for in subparagraphs 1 through 6, matters concerning the protection of air transport users prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | The Minister of Land, Infrastructure and Transport may request aviation operators to submit relevant data in order to publish an aviation service report. In such cases, aviation operators shall comply with such request unless there is any extenuating circumstance. |
CHAPTER VI PROMOTION OF AVIATION BUSINESS
| Article 65 (Financial Assistance to Aviation Business Operators) |
| (1) | In any of the following cases, the State may subsidize some of the necessary funds or provide public financing to a person who conducts aviation business (hereinafter referred to as "aviation business operator") in order to promote aviation business, as prescribed by Presidential Decree: |
| 1. | Where an aviation business operator incurs a loss due to war, civil war, terrorism, etc.; |
| 2. | Where the State deems it necessary to nurture aviation business. |
| (2) | Where a local government deems it necessary in order to support aviation business for revitalizing the regional economy, it may provide financial support to aviation business operators within budgetary limits, as prescribed by Municipal Ordinance. |
| Article 66 (Exceptions to Security of Aircraft) |
The Government or a financial institution may extend a loan secured by aircraft that an aviation business operator has acquired, but not yet registered the acquisition of ownership under Article 7 of the Aviation Safety Act.
| Article 67 (Prohibition and Supervision of Use of Subsidies or Loans for Purpose Other Than Intended Purposes) |
| (1) | No aviation business operator who receives a subsidy or loan pursuant to this Act shall use such funds for the purpose other than the original purpose. |
| (2) | The Minister of Land, Infrastructure and Transport or the head of a local government shall supervise an aviation business operator who receives a subsidy or loan pursuant to this Act so that he or she may appropriately use the funds. |
| Article 68 (Establishment of Korea Aviation Association) |
| (1) | Any of the following persons may establish the Korea Aviation Association (hereinafter referred to as the "Association") in order to conduct research on the development of air transport services, the protection of rights and interests of air operators, the improvement of the operation of airports and aviation safety, and to efficiently conduct other affairs entrusted by the government: |
| 1. | Domestic air operators or international air operators; |
| 2. | The Incheon International Airport Corporation under the Incheon International Airport Corporation Act; |
| 4. | Other business operators and organizations related to Aviation. |
| (2) | The Association shall be a corporation. |
| (3) | The Association shall be formed by registering the establishment at the location of its principal office. |
| (4) | Necessary matters concerning the articles of association, affairs of and supervision over the Association shall be prescribed by Presidential Decree. |
| (5) | Where the Minister of Land, Infrastructure and Transport deems it necessary, he or she may provide financial support within budgetary limits so that the Association may smoothly implement any of the following projects: |
| 1. | Research projects for the promotion and safety of aviation; |
| 2. | Projects for gathering and managing information related to aviation; |
| 3. | Projects for the promotion of international cooperation with foreign aviation agencies; |
| 4. | Other projects deemed necessary by the Minister of Land, Infrastructure and Transport for developing the air transport industry. |
| (6) | Except as provided for in this Act, the provisions concerning incorporated associations of the Civil Act shall apply mutatis mutandis to the Association. |
| Article 69 (Nurturing of Institutions and Organizations Related to Aviation and Aviation Industry) |
| (1) | The State shall nurture institutions and organizations related to aviation for the development of the aviation industry. |
| (2) | Where the State deems it necessary in order to provide financial support in cases under paragraph (1), it may partially subsidize the necessary funds within budgetary limits. |
| (3) | The State may directly implement projects necessary for technologies related to the aviation industry, the development of technologies, training human resources, etc. or partially subsidize expenses incurred in implementing projects implemented by local governments, related institutions, etc. |
| Article 69-2 (Enhancement of Safety, and Promotion of, Aviation Industry for Unmanned Aviation Sector) |
In order to invigorate, and further improve the safety of, the aviation industry for the unmanned aviation sector, which provides services for certifying, maintaining, repairing, renovating, and using unmanned aerial vehicles, among ultra-light vehicles defined in subparagraph 3 of Article 2 of the Aviation Safety Act, and unmanned aircraft defined in subparagraph 6 of the same Article and other related services, the State may implement programs and projects for the following purposes, as prescribed by Presidential Decree: | 1. | Establishment of a foundation for the development of the aviation industry for the unmanned aviation sector; |
| 2. | Survey and research on the status of the aviation industry for the unmanned aviation sector and related statistics; |
| 3. | Research on and development of technology for the safety of unmanned aerial vehicles and unmanned aircraft and the systems, etc. for operating and managing unmanned aerial vehicles and unmanned aircraft; |
| 4. | Training of human resources specializing in the operation, performance evaluation, certification, safety control, maintenance, repair, renovation, etc. of unmanned aerial vehicles and unmanned aircraft; |
| 5. | Support and fostering of outstanding enterprises in the unmanned aviation sector; |
| 6. | Facilitation of the use, and propagation, of unmanned aerial vehicles and unmanned aircraft; |
| 7. | Establishment and operation of infrastructure for the safe operation, management, etc. of unmanned aerial vehicles and unmanned aircraft and facilities for flight testing; |
| 8. | Assistance in international cooperation and development of overseas markets for the development of the aviation industry for the unmanned aviation sector; |
| 9. | Other matters necessary for invigorating, and further improving the safety of, the aviation industry for the unmanned aviation sector. |
[This Article Newly Inserted by Act No. 14871, Aug. 9, 2017]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 70 (Duty to Purchase Aviation Insurance) |
| (1) | The following aviation business operators shall not operate aircraft unless they purchase aviation insurance, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| 2. | An aircraft rental service provider; |
| 3. | An air charter operator. |
| (2) | Neither an aircraft owner other than those under the subparagraphs of paragraph (1) nor a person who intends to fly with an aircraft shall operate flights unless he or she has purchased aviation insurance, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | A light sport aircraft owner, etc. referred to in Article 108 of the Aviation Safety Act shall purchase insurance or join a mutual aid organization prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport before he or she obtains safety certification under paragraph (1) of the same Article to provide compensation to a victim (where the victim dies, referring to a person who is entitled to receive damages) where another person dies or is injured during the flight of the light sport aircraft. <Amended by Act No. 14550, Jan. 17, 2017> |
| (4) | A person who intends to use ultra-light aircraft for ultra-light aircraft rental service, air charter, and sport and leisure aviation service shall purchase insurance or join a mutual aid organization prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | A person who purchases aviation insurance, etc. pursuant to paragraphs (1) through (4) shall submit data that may confirm the purchase of insurance, etc., such as a report on the purchase of insurance, to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. The foregoing shall also apply where he or she modifies or renews insurance, etc. <Newly Inserted by Act No. 14550, Jan. 17, 2017> |
| Article 71 (Prohibition of Use of Light Sport Aircraft for Business Purpose) |
No person who intends to fly with a light sport aircraft or ultra-light aircraft shall use the light sport aircraft or ultra-light aircraft for the purpose of making profit except in any of the following cases:
| 1. | Where he or she uses it for air charter service; |
| 2. | Where he or she uses it for ultra-light aircraft rental service; |
| 3. | Where he or she uses it for sport and leisure aviation service. |
| (1) | Any of the following persons shall pay a fee to the Minister of Land, Infrastructure and Transport (where authority has been entrusted pursuant to Article 75, referring to a trustee), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| 1. | A person who intends to obtain a license, permission, authorization, approval, or registration (hereinafter referred to as "license, etc.") under this Act; |
| 2. | A person who intends to report under this Act; |
| 3. | A person who files an application for issuance or re-issuance of a license or permit under this Act. |
| (2) | Where it is necessary to make a business trip for a license, etc., an applicant shall bear travel expenses incurred in making such business trip. In such cases, criteria for travel expenses shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | The State or a local government shall be exempted from paying fees under paragraph (1). |
| Article 73 (Reporting, Access, and Inspection) |
| (1) | The Minister of Land, Infrastructure and Transport may require any of the following persons to report their services or submit documents to the extent necessary for the enforcement of this Act, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| 1. | Aviation business operators; |
| 3. | Persons engaged in aviation; |
| 4. | Persons who continuously use aircraft or aviation facilities, other than those under subparagraphs 1 through 3. |
| (2) | Where specially necessary for the enforcement of this Act, the Minister of Land, Infrastructure and Transport may require public officials under his or her supervision to gain access to offices of persons falling under any of the subparagraphs of paragraph (1), their places of business, airport facilities, airfields, or aircraft, inspect related documents, facilities, equipment, and other articles, or ask questions to relevant persons. |
| (3) | Where the Minister of Science and ICT makes a request because he or she deems that a courier service provider is highly to violate the Postal Service Act, the Minister of Land, Infrastructure and Transport may require public officials belonging to the Ministry of Science and ICT to gain access to offices or places of business of such courier service provider, conduct inspections concerning matters related to the Postal Service Act, or ask questions. <Amended by Act No. 14839, Jul. 26, 2017> |
| (4) | Where a public official intends to conduct an inspection or ask questions referred to in paragraphs (2) and (3), he or she shall notify persons who will be inspected or who will be asked questions of a plan including the date and time of inspection and question, reasons for, details thereof, etc. by no later than seven days before he or she conducts the inspection or asks questions: Provided, That the foregoing may not apply in cases of an emergency or where he or she is deemed unable to achieve the purpose of inspection or question due to destruction of the evidence, etc., if he or she notifies them in advance. |
| (5) | A public official who conducts an inspection or asks questions pursuant to paragraphs (2) and (3) shall carry an identification indicating his or her authority and present it to relevant persons. |
| (6) | Where a public official has conducted an inspection or asked questions pursuant to paragraphs (2) and (3), he or she shall notify the person who was inspected or asked questions of the result thereof in writing. |
| (7) | Necessary matters concerning an identification referred to in paragraph (5) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
Where the Minister of Land, Infrastructure and Transport intends to impose any of the following measures, he or she shall hold hearings: <Amended by Act No. 14871, Aug. 9, 2017; Act No. 16642, Nov. 26, 2019>
| 1. | Revocation of a license to operate air transport services under Article 28 (1) or of registration of air transport services; |
| 2. | Revocation of registration of aircraft rental services under Article 40 (1); |
| 3. | Revocation of registration of aircraft maintenance services under Article 40 (1) that is applied mutatis mutandis in Article 43 (7); |
| 4. | Revocation of registration of aircraft ground handling services under Article 40 (1) that is applied mutatis mutandis in Article 45 (7); |
| 5. | Revocation of registration of air charter services under Article 40 (1) that is applied mutatis mutandis in Article 47 (8); |
| 6. | Revocation of registration of ultra-light aircraft rental services under Article 40 (1) that is applied mutatis mutandis in Article 49 (8); |
| 7. | Revocation of registration of sport and leisure aviation services under Article 40 (1) applied mutatis mutandis in Article 51 (7); |
| 8. | Closure of a place of business of a general sales agency under Article 28 (only applicable to paragraph (1) 18 of the same Article) that is applied mutatis mutandis in Article 53 (1); |
| 9. | Closure of a place of business of a courier service under Article 40 that is applied mutatis mutandis in Article 53 (8); |
| 10. | Revocation of permission to operate international air transport services provided by a foreigner under Article 59 (1); |
| 11. | Revocation of registration of travel agency under Article 28 (1) that is applied mutatis mutandis in Article 62 (7). In such cases, "Minister of Land, Infrastructure and Transport" provided for in the main clause of Article 28 (1), with the exception of the subparagraphs, shall be construed as "a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or head of a Si/Gun/Gu (referring to the head of an autonomous Gu).” |
| Article 75 (Delegation or Entrustment of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport may partially delegate his or her authority under this Act to the Mayor/Do Governor or the head of an agency under his or her management, as prescribed by Presidential Decree. |
| (2) | The Minister of Land, Infrastructure and Transport may entrust the Incheon International Airport Corporation under the Incheon International Airport Corporation Act or the Korea Airport Corporation under the Korea Airports Corporation Act with the affairs of allocating slots, etc. referred to in Article 18, as prescribed by Presidential Decree. <Newly Inserted by Act No. 16642, Nov. 26, 2019> |
| 1. | Affairs concerning the assessment of aviation services under Article 63; |
| 2. | Affairs concerning the publication of a report on aviation services for air transport users under Article 64. |
| (4) | The Minister of Land, Infrastructure and Transport may entrust the affairs provided for in Article 69-2 to the Korea Institute of Aviation Safety Technology (hereinafter referred to as "KIAST") established pursuant to the Korea Institute of Aviation Safety Technology Act or other institutions and organizations related to aviation, as prescribed by Presidential Decree. <Newly Inserted by Act No. 14871, Aug. 9, 2017; Act No. 16642, Nov. 26, 2019> |
| Article 76 (Persons Deemed to be Public Officials for Purposes of Penalty Provisions) |
| 1. | A person who is not a public official among members of the Aviation Policy Committee under Article 4; |
| 2. | An executive officer or employee of the Incheon International Airport Corporation or Korea Airports Corporation performing the affairs entrusted by the Minister of Land, Infrastructure and Transport under Article 75 (2). |
| 3. | An executive officer or employee of the Korea Transport Institute or an institution or organization related to aviation engaged in affairs entrusted by the Minister of Land, Infrastructure and Transport pursuant to Article 75 (3). |
CHAPTER VIII PENALTY PROVISIONS
| Article 77 (Crime of Unlawful Grant and Use of Subsidies) |
A person who receives a subsidy or loan referred to in Article 65 by fraud or other improper means shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.
| Article 78 (Crime concerning Affairs of Aviation Business Operators) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: |
| 1. | A person who operates domestic air transport services or international air transport services without obtaining a license referred to in Article 7; |
| 2. | A person who operates small-scale air transport services without obtaining registration referred to in Article 10 (1); |
| 3. | A person who operates aircraft rental services without obtaining registration referred to in Article 30 (1); |
| 4. | An aviation business operator who uses a subsidy or loan for the purpose other than that of the grant, in violation of Article 67 (1); |
| 5. | An aviation business operator who operates flights without purchasing aviation insurance, in violation of Article 70 (1); |
| 6. | A person who operates flights without purchasing aviation insurance, in violation of Article 70 (2). |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: |
| 1. | An air operator who violates prohibition against lending a license, etc., referred to in Article 20; |
| 2. | An aircraft rental service provider who violates prohibition against lending a name, etc., referred to in Article 33; |
| 3. | A person who provides aircraft maintenance services without obtaining registration referred to in Article 42; |
| 4. | An aircraft maintenance service provider who violates prohibition against lending a name, etc., referred to in Article 33 that is applied mutatis mutandis in Article 43 (1); |
| 5. | A person who operates a business of aircraft ground handling services without obtaining registration referred to in Article 44; |
| 6. | An aircraft ground handling service provider who violates prohibition against lending a name, etc., referred to in Article 33 that is applied mutatis mutandis in Article 45 (1); |
| 7. | A person who operates air charter services without obtaining registration referred to in Article 46; |
| 8. | An air charter operator who violates prohibition against lending a name, etc., referred to in Article 33 that is applied mutatis mutandis in Article 47 (2); |
| 9. | A person who operates ultra-light aircraft rental services without obtaining registration referred to in Article 48 (1); |
| 10. | An ultra-light aircraft rental service provider who violates prohibition against lending a name, etc., referred to in Article 33 that is applied mutatis mutandis in Article 49 (2); |
| 11. | A person who operates sport and leisure aviation services without obtaining registration referred to in Article 50 (1); |
| 12. | A sport and leisure aviation service provider who violates prohibition against lending a name, etc., referred to in Article 33 that is applied mutatis mutandis in Article 51 (1); |
| 13. | A person who operates courier services, etc., without reporting under Article 52 (1). |
| (3) | Any of the following persons shall be punished by a fine not exceeding 10 million won: <Amended by Act No. 16642, Nov. 26, 2019> |
| 1. | A person who fails to authorize or report modification of a business plan, in violation of Article 12 (1) or (2); |
| 2. | A person who modifies a business plan without obtaining authorization referred to in Article 12 (3); |
| 3. | A person who receives airfares or airfreight fees without obtaining authorization or reporting thereof under Article 14; |
| 4. | A person who implements an air transport agreement or a cooperation agreement which has not been authorized or who implements an agreement that contains modifications which have not been authorized, or fails to report modification thereof, in violation of Article 15; |
| 4-2. | A person who exchanges slots without authorization under Article 18 (7); |
| 5. | A person who suspends operation or flights on routes, in violation of Article 24 or 37; |
| 6. | A person who violates an order to improve operations referred to in Article 27 (excluding subparagraph 6 of the same Article) or 39; |
| 7. | A person who violates an order to suspend operations referred to in Article 28 or 40; |
| 8. | A person who fails to perform services in accordance with a business plan he or she has submitted when he or she obtained registration, in violation of Article 32 (1); |
| 9. | A person who modifies a business plan without obtaining authorization referred to in Article 32 (2); |
| 10. | An aircraft maintenance service provider who violates an order referred to in Article 39 (excluding subparagraph 3 of the same Article) that is applied mutatis mutandis in Article 43 (6); |
| 11. | An aircraft ground handling service provider who violates an order referred to in Article 39 (excluding subparagraph 3 of the same Article) that is applied mutatis mutandis in Article 45 (6); |
| 12. | An air charter operator who violates an order referred to in Article 39 that is applied mutatis mutandis in Article 47 (7); |
| 13. | An ultra-light aircraft rental service provider who violates an order referred to in Article 39 that is applied mutatis mutandis in Article 49 (7); |
| 14. | A sport and leisure aviation service provider who violates an order referred to in Article 39 that is applied mutatis mutandis in Article 51 (6); |
| 15. | A courier service provider, general sales agent, or provider of city airport terminal service who violates subparagraph 1 of Article 39 that is applied mutatis mutandis in Article 53 (7). |
| Article 79 (Crime concerning Affairs of Foreigner Providing International Air Transport Services, etc.) |
| (1) | A person who operates international air transport services provided by a foreigner without obtaining permission referred to in Article 54 (1) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. |
| (2) | Any of the following persons shall be punished by a fine not exceeding 30 million won: |
| 1. | A foreigner providing international air transport services who violates the frequency of flights or restrictions on types of aircraft referred to in the latter part of Article 54 (1); |
| 2. | A person who provides air transport services for remuneration referred to in Article 55 without obtaining permission referred to in paragraph (1) of the same Article, or who provides air transport services for remuneration, in violation of Article 56. |
| (3) | Any of the following foreigner providing international air transport services shall be punished by a fine not exceeding 10 million won: <Amended by Act No. 16642, Nov. 26, 2019> |
| 1. | A person who violates an order to suspend operations referred to in Article 59; |
| 2. | A person who modifies a business plan without authorization or report pursuant to Article 12 (3) that is applied mutatis mutandis in Article 60 (2); |
| 3. | A person who receives airfares or airfreight fees without authorization or report pursuant to Article 14 (1) that is applied mutatis mutandis in Article 60 (4); |
| 4. | A person who implements an air transport agreement or a cooperation agreement without obtaining authorization or authorization for modification thereof referred to in Article 15 that is applied mutatis mutandis in Article 60 (5) or fails to report the modification; |
| 4-2. | A person who exchange slots without authorization under Article 18 (7) applied mutatis mutandis in Article 60 (6); |
| 5. | A person who fails to comply with an order to improve operations referred to in Article 27 (excluding subparagraph 6 of the same Article) that is applied mutatis mutandis in Article 60 (9). |
| Article 80 (Crime concerning Use of Light Sport Aircraft for Purpose of Making Profit) |
| (1) | A person who uses a light sport aircraft for the purpose of making profit, in violation of Article 71, shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. |
| (2) | A person who uses an ultra-light aircraft for the purpose of making profit, in violation of Article 71, shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding five million won. |
| Article 81 (Crime of Refusal of Inspection) |
A person who refuses, interferes with, or avoids an inspection or access referred to in Article 73 (2) or (3) shall be punished by a fine not exceeding five million won.
| Article 82 (Joint Penalty Provisions) |
Where the representative of a juristic person, or an agent, employee or other servant of a juristic person or individual commits an offense falling under Articles 77 through 81 in connection with the business of the juristic person or the individual, not only shall such violator be punished, but the juristic person or the individual shall also be punished by a fine under the relevant provisions: Provided, That this shall not apply where the juristic person or the individual has not neglected to pay due attention and supervision concerning the relevant business in order to prevent such violation.
| Article 83 (Special Cases concerning Application of Penalty Provisions) |
Where the provisions concerning penalty provisions referred to in Articles 78 (excluding paragraphs (1) and (2) 1 of the same Article) and 79 (excluding paragraph (1) of the same Article) are applied, a public prosecutor may prosecute a case against an act for which a penalty surcharge may be imposed under this Act only when the Minister of Land, Infrastructure and Transport brings a charge, and the Minister of Land, Infrastructure and Transport shall not impose an administrative fine for an act for which he or she has imposed a penalty surcharge.
| Article 84 (Administrative Fines) |
| (1) | An administrative fine not exceeding 20 million won shall be imposed on an air operator (including a foreign provider of international air transport services) among aviation operators who fail to comply with an order to improve operations under subparagraphs 6 and 7 of Article 27. |
| (2) | An administrative fine not exceeding five million won shall be imposed on any of the following persons: <Amended by Act No. 14550, Jan. 17, 2017; Act No. 14871, Aug. 9, 2017; Act No. 16642, Nov. 26, 2019> |
| 1. | A person who fails to submit data referred to in Article 8 (3) or submits false data; |
| 2. | A person who fails to perform his or her duty to give notification referred to in Article 8 (4); |
| 3. | A person who discontinues operations or flights, fails to report discontinuation of operation or flights, or makes a false report, in violation of Article 25; |
| 4. | An airport operator who fails to comply with an order to improve operations under subparagraph 6 of Article 27; |
| 4-2. | A person who fails to take measures to protect students, such as refund of flight training fees, in violation of Article 30-2 (2); |
| 5. | A person who discontinues operation, fails to report discontinuation of operation, or makes a false report, in violation of Article 38; |
| 6. | A person who discontinues operation, fails to report discontinuation of operation, or makes a false report, in violation of Article 38 that is applied mutatis mutandis in Article 43 (5); |
| 7. | A person who discontinues operations, fails to report discontinuation of operations, or makes a false report, in violation of Article 38 that is applied mutatis mutandis in Article 45 (5); |
| 8. | A person who discontinues operations, fails to report discontinuation of operations, or makes a false report, in violation of Article 38 that is applied mutatis mutandis in Article 47 (6); |
| 9. | A person who discontinues operations, fails to report discontinuation of operations, or makes a false report, in violation of Article 38 that is applied mutatis mutandis in Article 49 (6); |
| 10. | A person who discontinues operations, fails to report discontinuation of operations, or makes a false report, in violation of Article 38 that is applied mutatis mutandis in Article 51 (5); |
| 11. | A person who discontinues operations, fails to report discontinuation of operations, or makes a false report, in violation of Article 38 that is applied mutatis mutandis in Article 53 (6); |
| 12. | A person who fails to make a report pursuant to Article 61 (6) (including cases where the same paragraph is applied mutatis mutandis in Article 60 (10)) or makes a false report; |
| 13. | A person who violates duty under Article 61 (10) (including cases where the same paragraph is applied mutatis mutandis in Article 60 (10)); |
| 14. | A person who violates duty under Article 61 (12) (including cases where the same paragraph is applied mutatis mutandis in Article 60 (10)); |
| 15. | Any person who fails to communicate the reasons of delay and the progress in violation of Article 61-2 (2) (including where the same paragraph is applied mutatis mutandis in Article 60 (11)); |
| 16. | A person who fails to provide food and beverages or to make a report, in violation of Article 61-2 (3) (including cases applied mutatis mutandis in Article 60 (11)). |
| 17. | A person who fails to report the stipulations of air transportation or report modification thereof, in violation of Article 62 (1) (including cases where the same paragraph is applied mutatis mutandis in Article 60 (12)); |
| 18. | A person who fails to keep a table of airfreight fees, etc. under Article 62 (4) (including cases where the same paragraph is applied mutatis mutandis in Article 60 (12)) or (6) of the same Article, or keeps a table of airfreight fees, etc. containing fictitious rates; |
| 19. | A person who fails to provide the total amount of an airfare, etc. or provides false information, in violation of Article 62 (5) (including cases where the same paragraph is applied mutatis mutandis in Article 60 (12)); |
| 20. | A person who fails to submit data, or submits false data, in violation of Article 63 (4) (including cases where the same paragraph is applied mutatis mutandis in Article 60 (13)); |
| 21. | A person who fly with a light sport aircraft or ultra-light aircraft without purchasing insurance or joining a mutual aid organization, in violation of Article 70 (3) or (4); |
| 22. | A person who fails to submit data under Article 70 (5) or submits false data; |
| 23. | A person who fails to report, etc. under Article 73 (1), or makes a false report, etc.; |
| 24. | A person who makes a false statement to a question referred to in Article 73 (2) or (3). |
| (3) | The Minister of Land, Infrastructure and Transport shall impose and collect administrative fines under paragraphs (1) and (2), as prescribed by Presidential Decree. |
| (4) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu) shall impose and collect administrative fines on travel agencies falling under paragraph (2) 13 and 16, as prescribed by Presidential Decree. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Repeal of Other Statutes)
Article 3 (Applicability to Period of Suspension of Operations of Aircraft Rental Services)
The period of suspension of operation of aircraft rental services, aircraft maintenance services, aircraft ground handling services, air charter services, ultra-light aircraft rental services, sport and leisure aviation services, or courier services, etc. referred to in Article 37 (2) (including cases where the same Article is applied mutatis mutandis in Article 43 (5), 45 (5), 47 (6), 49 (6), 51 (5), or 53 (6)) shall begin to apply from the first person who reports the suspension of operations after this Act enters into force. Article 4 (General Transitional Measures concerning Measures under the Previous Aviation Act and Air Transport Business Promotion Act) Any act done by or toward an administrative agency pursuant to the previous Aviation Act or the previous Air Transport Business Promotion Act as at the time this Act enters into force shall be deemed any act done by or toward an administrative agency under this Act where this Act contains the provisions corresponding thereto. Article 5 (Transitional Measures concerning Master Plan for Aviation Policy)
| (1) | A master plan for aviation policy formulated and publicly notified pursuant to Article 2-5 (1) and (5) of the previous Aviation Act and annual action plans formulated pursuant to paragraph (6) of the same Article as at the time this Act enters into force shall be deemed to have formulated and publicly notified pursuant to Article 3 (1), (5), and (6). |
| (2) | The Aviation Policy Committee established pursuant to Article 2-6 (1) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have been established pursuant to Article 4. |
| (3) | Members of the Aviation Policy Committee excluding ex-officio members appointed or commissioned pursuant to Article 2-6 of the previous Aviation Act as at the time this Act enters into force shall be deemed to have been appointed or commissioned as members of the Aviation Policy Committee under Article 4 (3) and (4), and the term of office of members excluding ex-officio members shall be the remainder thereof. |
| (4) | An aviation safety technology development plan formulated pursuant to Article 37-2 of the previous Aviation Act as at the time this Act enters into force shall be deemed an aviation technology development plan formulated pursuant to Article 5. |
Article 6 (Transitional Measures concerning Air Transport Services)
| (1) | A person who has obtained a license to operate domestic air transport services or international air transport services (including a person who is deemed to have obtained a license to operate domestic air transport services pursuant to Article 6 (1) of the Addenda to the Aviation Act (Act No. 9780)) pursuant to Article 112 (1) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have obtained a license to operate domestic air transport services or international air transport services pursuant to Article 7 (1). |
| (2) | A person who has obtained permission to operate scheduled flight services on each route or non-scheduled flight services (including a person who is deemed to have obtained permission to operate scheduled flights on each route or non-scheduled flights pursuant to Article 5 of the Addenda to the Aviation Act (Act No. 9780)) pursuant to Article 112 (2) or (4) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have obtained permission to operate scheduled flights on each route pursuant to Article 7 (2) or non-scheduled flights pursuant to Article 7 (3). |
| (3) | Where a person who has obtained registration for non-scheduled air transport services pursuant to the previous provisions as at the time the Aviation Act (Act No. 9780) enters into force, operates air transport services by designating a route between one location and another location, such route shall be deemed the route on which he or she has obtained permission to operate scheduled flights on each route under Article 7 (2). |
| (4) | A person who has obtained registration of the business of operating small-scale air transport services (including a person who is deemed to have obtained registration of the business of operating small-scale air transport services pursuant to Article 6 (2) of the Addenda to the partial amendment to the Aviation Act (Act No. 9780)) pursuant to Article 132 (1) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have obtained registration of the business of operating small-scale air transport services pursuant to Article 10 (1). |
| (5) | A business plan for air transport services authorized or reported pursuant to the previous Aviation Act as at the time this Act enters into force shall be deemed to have been authorized or reported. |
Article 7 (Transitional Measures concerning Grounds for Disqualification for Granting Licenses to Operate Domestic Air Transport Services and International Air Transport Services)
| (1) | Where a person falls under any of the subparagraphs of Article 9 due to a reason that has arisen before this Act enters into force, the previous Aviation Act shall apply. |
| (2) | A person in whose case a declaration of incompetency or quasi-incompetency remains in effect pursuant to Article 2 of the Addenda of the partial amendment to the Civil Act (Act No. 10429), shall count toward those placed under adult guardianship or those placed under limited guardianship under subparagraph 2 of Article 9. |
Article 8 (Transitional Measures concerning Assistance Plan in The Case of Aircraft Accident)
An assistance plan in the case of an aircraft accident submitted pursuant to Article 49-2 (1) of the previous Aviation Act as at the time this Act enters into force, shall be deemed an assistance plan in the case of an aircraft accident submitted pursuant to Article 11 (1). Article 9 (Transitional Measures concerning Authorization for Airfares and Airfreight Fees)
Airfares and airfreight fees authorized or reported pursuant to Article 117 (1) (including cases where the same paragraph is applied mutatis mutandis in Article 152 of the previous Aviation Act) of the previous Aviation Act as at the time this Act enters into force, shall be deemed to have been authorized or reported pursuant to Article 14 (1) (including cases where the same paragraph is applied mutatis mutandis in Article 60 (4)). Article 10 (Transitional Measures concerning Air Transport Agreement and Cooperation Agreement)
An air transport agreement and a cooperation agreement authorized pursuant to Article 121 (1) (including cases where the same paragraph is applied mutatis mutandis in Article 152 of the previous Aviation Act) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have been authorized pursuant to Article 15 (1) (including cases where the same paragraph is applied mutatis mutandis in Article 60 (5)). Article 11 (Transitional Measures concerning Traffic Rights)
Traffic rights (including rights deemed traffic rights allocated pursuant to Article 8 of the Addenda to the Aviation Act (Act No. 9780)) granted to air operator by the Minister of Land, Infrastructure and Transport pursuant to Article 118 (1) of the previous Aviation Act as at the time this Act enters into force shall be deemed granted pursuant to Article 16 (1). Article 12 (Transitional Measures concerning Transit Rights)
Transit rights (including rights deemed transit rights granted pursuant to Article 9 of the Addenda to partial amendment to the Aviation Act (Act No. 9780)) allocated to air operator by the Minister of Land, Infrastructure and Transport pursuant to Article 118-2 (1) of the previous Aviation Act as at the time this Act enters into force, shall be deemed allocated pursuant to Article 17 (1). Article 13 (Transitional Measures concerning Slots)
Slots that air operator uses as at the time this Act enters into force shall be deemed slots allocated pursuant to Article 18 (1). Article 14 (Transitional Measures concerning Scheduled Date of Commencement of Flights)
The postponement of the scheduled date of the commencement of flights approved pursuant to Article 115 (1) or (2) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have been approved pursuant to Article 19 (3). Article 15 (Transitional Measures concerning Suspension of Operations of Air Transport Services)
A person who has obtained permission for or has reported the suspension of operations (including the suspension of flights on routes) of air transport services, aircraft rental services, aircraft maintenance services, aircraft ground handling services, air charter services, ultra-light aircraft rental services, sport and leisure aviation services, or courier services, etc. referred to in the previous Aviation Act as at the time this Act enters into force shall be deemed to have obtained permission or reported pursuant to this Act. Article 16 (Transitional Measures concerning Aircraft Rental Services)
| (1) | A person who has obtained registration of the business of operating aircraft rental services, aircraft maintenance services, aircraft ground handling services, air charter services, or ultra-light aircraft rental services (including a person who is deemed to have obtained registration of the business of operating aircraft rental services pursuant to Article 2 (1) of the Addenda to the Aviation Act as partially amended by Act No. 4435 and a person who is deemed to have obtained registration of the business of operating aircraft maintenance services pursuant to Article 11 of the Addenda to the Aviation Act as partially amended by Act No. 8787) pursuant to the previous Aviation Act as at the time this Act enters into force shall be deemed to have obtained registration pursuant to this Act. |
| (2) | A business plan for aircraft rental services, ultra-light aircraft rental services, or air charter services approved or reported pursuant to the previous Aviation Act as at the time this Act enters into force shall be deemed to have been authorized or reported pursuant to this Act. |
Article 17 (Transitional Measures concerning Leisure and Sport Aviation Services)
A person who has obtained registration of the business of operating sport and leisure aviation services (including a person who is deemed to have obtained registration of the business of operating sport and leisure aviation services pursuant to Article 11 of the Addenda to the Aviation Act (Act No. 12256)) pursuant to Article 140-2 (1) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have obtained registration pursuant to Article 50 (1). Article 18 (Transitional Measures concerning Courier Services)
A person who has reported the business of operating courier services, general sales agency, or city airport terminal services (including a person who is deemed reported the business of operating courier services pursuant to paragraph (2) of the Addenda to the Aviation Act (Act No. 4647)) pursuant to Article 139 (1) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have reported the business pursuant to Article 52 (1). Article 19 (Transitional Measures concerning International Air Transport Services Provided by Foreigners)
| (1) | A person who has obtained permission to operate international air transport services provided by a foreigner pursuant to Article 147 (1) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have obtained permission to operate international air transport services provided by a foreigner pursuant to Article 54 (1). |
| (2) | A business plan for international air transport services provided by a foreigner authorized or reported pursuant to the previous Aviation Act as at the time this Act enters into force shall be deemed to have been authorized or reported pursuant to this Act. |
| (3) | A person who has reported suspension of operation of international air transport services provided by a foreigner pursuant to the previous Aviation Act as at the time this Act enters into force, shall be deemed to have reported the suspension pursuant to Article 57 (1). |
Article 20 (Transitional Measures concerning Air Transportation Provided by Foreign Aircraft for Remuneration)
Air transportation provided by foreign aircraft for remuneration permitted pursuant to Article 148 (1) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have been permitted pursuant to Article 55 (1). Article 21 (Transitional Measures concerning Protection of Air Transport Users)
An aviation operator who commences operation pursuant to the previous Aviation Act as at the time this Act enters into force shall formulate and implement a damage relief under Article 61 (1) immediately after this Act enters into force. Article 22 (Transitional Measures concerning the Korea Aviation Promotion Association)
The Korea Aviation Promotion Association established pursuant to Article 143 (1) of the previous Aviation Act as at the time this Act enters into force shall be deemed the Korea Civil Aviation Association established pursuant to Article 68. Article 23 (Transitional Measures concerning Administrative Measures and Penalty Surcharges)
Where administrative measures and penalty surcharges apply to offenses committed before this Act enters into force, the previous Aviation Act shall apply thereto. Article 24 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
Article 25 Omitted.
Article 26 (Relationship to Other Statutes and Regulations)
ADDENDUM <Act No. 14346, Dec. 2, 2016>
This Act shall enter into force on March 30, 2017.
ADDENDA <Act No. 14550, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Submission of Data, such as Report on Purchase of Aviation Insurance)
The amended provisions of Article 70 (5) shall begin to apply from the first purchase, the first modification or the first renewal of aviation insurance, etc., after this Act enters into force. Article 3 (Transitional Measures concerning Purchase of Guarantee Insurance by Aircraft Rental Service Providers)
A person who fails to purchase guarantee insurance, etc. or make a security deposit under the amended provisions of Article 30-2 (1) among aircraft rental service providers as at the time this Act enters into force, shall purchase guarantee insurance, etc. or make a security deposit under the same amended provisions within six months from the enforcement date of this Act. Article 4 (Transitional Measures concerning Submission of Report, on Purchase of Insurance by Persons Who Purchased Aviation Insurance)
A person who fails to submit data to the Minister of Land, Infrastructure and Transport among those who purchased aviation insurance, etc. pursuant to the previous provision before this Act enters into force, shall submit data enabling verification of the purchase of insurance, such as a report on the purchase of insurance, under the amended provision of Article 70 (5) within 30 days from the date this Act enters into force.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation: Provided, That, the amendments to the statutes to be amended pursuant to Article 5 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement dates of the relevant statutes. |
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 14871, Aug. 9, 2017>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 15325, Dec. 26, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16565, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Criteria for Granting License to Operate Domestic Air Transport Services and International Air Transport Services)
The amended provisions of Article 8 (1) shall apply, beginning with cases where a person who intends to obtain a license for domestic air transport service or international air transport service pursuant to Article 7 (1) applies for the issuance of the relevant license after this Act enters into force. Article 3 (Applicability to Revocation of License to Operate Air Transport Services)
| (1) | The amended provisions of Article 28 (1) 16 shall begin to apply from the first order to improve operations received after this Act enters into force. |
| (2) | The amended provisions of Article 28 (1) 21 shall apply even when an inspection is ongoing as at the time this Act enters into force. |
ADDENDUM <Act No. 16642, Nov. 26, 2019>
This Act shall enter into force six months after the date of its promulgation.