ENFORCEMENT DECREE OF THE AVIATION BUSINESS ACT
Presidential Decree No. 27970, Mar. 29, 2017
Amended by Presidential Decree No. 28194, Jul. 17, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28261, Sep. 4, 2017
Presidential Decree No. 28421, Nov. 10, 2017
Presidential Decree No. 29267, Oct. 30, 2018
Presidential Decree No. 29462, Dec. 31, 2018
Presidential Decree No. 29518, Feb. 8, 2019
Presidential Decree No. 30106, Oct. 8, 2019
Presidential Decree No. 30488, Feb. 25, 2020
Presidential Decree No. 30509, Mar. 3, 2020
The purpose of this Decree is to prescribe matters mandated by the Aviation Business Act and those necessary for enforcing said Act.
| Article 2 (Modification of Important Matters in Master Plans for Aviation Policy) |
| 1. | Objectives of, and a strategical plan for, the national aviation policy; |
| 2. | Promotion of domestic air transport services; |
| 3. | Efficient development of airports; |
| 4. | Protection of air transport users; |
| 5. | Development of aviation safety technologies; |
| 6. | Other matters determined by the Minister of Land, Infrastructure and Transport. |
| Article 3 (Size of Development of Airport or Aerodrome subject to Deliberation by Aviation Policy Committee) |
"Development of an airport or aerodrome exceeding a certain size prescribed by Presidential Decree" in Article 4 (1) 4 of the Act, among the matters subject to deliberation by the Aviation Policy Committee under Article (1) of the Act (hereinafter referred to as the "Aviation Policy Committee"), means the following: | 1. | Development of a new airport or development of a new aerodrome where the total project cost is at least 100 billion won and the amount funded by the State is at least 30 billion won; |
| 2. | Development of an airport or a land aerodrome by increasing the area of the airport or aerodrome to be developed in the original plan by a minimum of 200,000 square meters; |
| 3. | Development of an airport or a land aerodrome by constructing a new runway with a minimum length of 500 meters or extending a runway by a minimum of 500 meters. |
| Article 4 (Members of Aviation Policy Committee) |
"Vice Ministers of administrative agencies prescribed by Presidential Decree" in Article 4 (3) 1 of the Act means the following: <Amended by Presidential Decree No. 28211, Jul. 26, 2017; Presidential Decree No. 28261, Sep. 4, 2017> | 1. | Second Vice Minister of Economy and Finance; |
| 2. | First Vice Minister of Science and Information and Communications Technology (ICT); |
| 3. | Second Vice Minister of Foreign Affairs; |
| 4. | Vice Minister of National Defense; |
| 5. | First Vice Minister of Culture, Sports and Tourism; |
| 6. | First Vice Minister of Trade, Industry and Energy. |
| Article 5 (Dismissal of Members) |
In any of the following cases, the Minister of Land, Infrastructure and Transport may dismiss a member appointed to the Aviation Policy Committee pursuant to Article 4 (3) 2 of the Act from office: | 1. | If the member is unable to continue to perform his or her duties due to a mental or physical disability; |
| 2. | If the member is found to have committed misconduct in connection with his or her duties; |
| 3. | If the member is found incompetent for the office due to neglect of duty or indecent conduct or on any other ground; |
| 5. | If the member voluntarily discloses that he or has difficulty in performing duties. |
| Article 6 (Duties of Chairperson of Aviation Policy Committee) |
| (1) | The chairperson of the Aviation Policy Committee shall represent the Aviation Policy Committee and shall administer all affairs of the Aviation Policy Committee. |
| (2) | If the chairperson is unable to perform his or her duties due to any unavoidable cause, the member appointed by the Chairperson in advance shall act on behalf of the chairperson. |
| Article 7 (Meetings of Aviation Policy Committee) |
| (1) | The Chairperson of the Aviation Policy Committee shall convene and preside over meetings of the Aviation Policy Committee. |
| (2) | When the chairperson intends to convene a meeting, he or she shall notify each member of the date, time, place, and agenda items of the meeting no later than five days before the scheduled date of the meeting: Provided, That this shall not apply in an emergency or unavoidable circumstances. |
| (3) | A majority of the members of the Aviation Policy Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. |
| (4) | If deemed necessary to deliberate on any agenda item or perform any other function, the Aviation Policy Committee may request relevant agencies to provide information or may require interested persons or experts to attend a meeting to hear their opinions. |
| Article 8 (Executive Secretary) |
| (1) | The Aviation Policy Committee shall have an executive secretary responsible for clerical work of the Aviation Policy Committee. |
| (2) | The executive secretary shall be appointed by the Minister of Land, Infrastructure and Transport, from among members in general service of of the Senior Executive Service of the Ministry of Land, Infrastructure and Transport. |
| Article 9 (Working Committees) |
| (1) | Each working committee that shall be established within the Committee pursuant to Article 4 (5) of the Act (hereinafter referred to as "working committee") shall be composed of approximately 20 members, including one chairperson, considering gender equality. <Amended by Presidential Decree No. 29462, Dec. 31, 2018> |
| (2) | The chairperson of each working committee shall be appointed by the Minister of Land, Infrastructure and Transport, from among members in general service of the Senior Executive Service of the Ministry of Land, Infrastructure and Transport. |
| (3) | A working committee shall be composed of the following persons: <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | One person each appointed by the heads of relevant agencies respectively, from among Grade-IV or higher-raking public officials in general service (including members in general service of the Senior Executive Service) of the Ministry of Economy and Finance, the Ministry of Science and Information and Communications Technology (ICT), the Ministry of Foreign Affairs, the Ministry of National Defense, the Ministry of Culture, Sports and Tourism and the Ministry of Trade, Industry and Energy; |
| 2. | One person appointed by the President of the Incheon International Airport Corporation, from among executive officers and employees of the Incheon International Airport Corporation established pursuant to the Incheon International Airport Corporation Act; |
| 3. | One person appointed by the President of the Korea Airports Corporation, from among executive officers and employees of the Korea Airports Corporation established pursuant to the Korea Airports Corporation Act; |
| 4. | Persons commissioned by the chairperson of the working committee, from among persons with considerable knowledge and experience in aviation. |
| (4) | The term of office of the members under paragraph (3) 4 shall be two years. |
| (5) | Each working committee shall have one executive secretary who shall be appointed by the Minister of Land, Infrastructure and Transport, from among public officials of the Ministry of Land, Infrastructure and Transport. |
| (6) | A person who appointed a member pursuant to paragraph (3) 2 or 3 may withdraw the appointment if the member falls under any subparagraph of Article 5. |
| (7) | If a member commissioned to a working committee pursuant to paragraph (3) 4 falls under any subparagraph of Article 5, the chairperson of the working committee may dismiss such member. |
| (8) | In any of the following cases, a member of a working committee shall be disqualified from participating in deliberation on the relevant agenda item tabled for deliberation: <Newly Inserted by Presidential Decree No. 29462, Dec. 31, 2018> |
| 1. | If the member or a corporation, organization or any other entity to which the member belongs has an interest in the relevant agenda item; |
| 3. | If the member is found, on any other ground, to have a direct interest in the committee's resolution. |
| (9) | If the circumstances indicate that it would be impracticable to expect fair performance of his or her duties, such party may file a request for a challenge to the member with the committee; and the committee shall resolve to bar the member from participating in deliberation if it finds that the request is reasonable. In such cases, the challenged member shall be barred from participating in resolution on the challenge. <Newly Inserted by Presidential Decree No. 29462, Dec. 31, 2018> |
| (10) | If a member falls under paragraph (8) or (9), he or she shall voluntarily refrain from participating in deliberation on the relevant agenda item tabled for deliberation. <Newly Inserted by Presidential Decree No. 29462, Dec. 31, 2018> |
| Article 10 (Detailed Operating Rules) |
Except as provided in this Decree, matters necessary for the operation of the Aviation Policy Committee and its working committees shall be determined by the chairperson, through resolution by the Aviation Policy Committee.
| Article 11 (Entrustment of Aviation-Related Informatization Projects) |
Pursuant to Article 6 (3) of the Act, the Minister of Land, Infrastructure and Transport shall entrust the following services to a relevant institution specified in each of the following subparagraphs: <Amended by Presidential Decree No. 29518, Feb. 8, 2019> | 1. | Establishment and operation of an air logistics information system: The Incheon International Airport Corporation under the Incheon International Airport Corporation Act; |
| 2. | Establishment and operation of an aviation information portal system: The Korea Aviation Association under Article 68 of the Act; |
| 4. | Establishment and operation of a system for informatizing projects for training human resources for aviation: The Korea Aviation Association under Article 68 of the Act. |
| Article 12 (Criteria for License to Operate Domestic or International Air Transport Services) |
| Article 13 (Requirements for Registration of Small-Scale Air Transport Services) |
| Article 14 (Grounds for Revocation of License) |
| (1) | "Where damage to safety or users prescribed by Presidential Decree is likely to occur" in Article 28 (1) 16 of the Act means the following: <Amended by Presidential Decree No. 30488, Feb. 25, 2020> |
| 1. | Where insufficient investment in training air personnel defined in subparagraph 14 of Article 2 of the Aviation Safety Act or in the maintenance, etc. of aircraft is likely to cause an aircraft accident or a serious incident defined in subparagraph 6 or 9 of the same Article; |
| 2. | Where transportation is unlikely to be performed or a refund for canceled flights is likely to be delayed; |
| 3. | Where any event similar to that described in subparagraph 1 or 2 is likely to cause damage to safety or users. |
| (2) | "Serious defects prescribed by Presidential Decree" in Article 28 (1) 21 of the Act means the following defects that seriously affect flight operations: <Newly Inserted by Presidential Decree No. 30488, Feb. 25, 2020> |
| 1. | Defects in the qualifications, number, and training of cabin crew defined in subparagraph 17 of Article 2 of the Aviation Safety Act and pilots, aircraft maintenance technicians, flight dispatchers, etc. who hold the certification of qualification of air personnel under Article 34 (1) of that Act; |
| 2. | Defects in facilities or equipment necessary for flight operations for which it is intended to obtain authorization, such as flight control systems, maintenance areas, training facilities, spare engines, and spare parts. |
| Article 15 (Violations Subject to, and Amounts of, Penalty Surcharges) |
| Article 16 (Imposition and Payment of Penalty Surcharges) |
| (1) | When the Minister of Land, Infrastructure and Transport intends to impose a penalty surcharge pursuant to Article 29 of the Act, he or she shall give written notice thereof, stating the type of the relevant violation and the amount of the penalty surcharge in detail. |
| (2) | A person who receives notice under paragraph (1) shall pay the penalty surcharge to the receiving agency designated by the Minister of Land, Infrastructure and Transport within 20 days from the date of receiving written notice: Provided, That if it is impossible for him or her to pay the penalty surcharge due to an act of God or any other unavoidable cause, the payment shall be made within seven days from the date on which the cause ceases to exist. |
| (3) | Upon receiving a penalty surcharge under paragraph (2), the receiving agency shall issue a receipt to the payer. |
| (4) | Upon receiving a penalty surcharge under paragraph (2), the receiving agency for penalty surcharges shall give notice thereof to the Minister of Land, Infrastructure and Transport, without delay. |
| (5) | No penalty surcharge shall be paid in installment. |
| Article 17 (Payment Reminder Notice and Collection of Penalty Surcharges) |
| (1) | If a person to whom a payment notice of a penalty surcharge has been given pursuant to Article 16 (1) fails to pay the penalty surcharge by the payment deadline, the Minister of Land, Infrastructure and Transport shall issue a payment reminder notice within seven days from the date immediately after the payment deadline. In such cases, the extended payment deadline shall not exceed 10 days from the issue date of the payment reminder notice. |
| (2) | If a person to whom a payment reminder notice has been delivered pursuant to paragraph (1) fails to pay the penalty surcharge by the payment deadline, the Minister of Land, Infrastructure and Transport may instruct public officials of the Ministry to forcibly collect the penalty surcharge in the same manner as delinquent national taxes are collected. |
| Article 18 (Requirements for Registration of Aircraft Rental Services) |
| Article 18-2 (Exemption from Obligation to Carry Guarantee Insurance or Make Security Deposits) |
| 1. | Where all the following requirements are met: |
| (a) | The average turnover for the immediately preceding three years of the person who conducts a business of providing flight training using aircraft (hereinafter referred to as "flight training provider"), among aircraft rental service providers, shall be at least 30 billion won, and the average net income for each year during the immediately preceding three business years shall be at least three billion won (The turnover and net income for each year means the turnover and net income for each year stated in the relevant profit and loss statements, but if the flight training provider concurrently operates another business, the terms mean the turnover and net income for each year from the business of providing flight training using aircraft); |
| (b) | The flight training provider has not suspended operations or closed down the relevant business during the last three years; |
| 2. | Where the Administrator of the relevant Regional Aviation Administration determines that trainees are unlikely to sustain damage due to a flight training provider's failure to return tuition fees because of deferred payment arrangement for tuition fees or any other arrangement. |
[This Article Newly Inserted by Presidential Decree No. 28194, Jul. 17, 2017]
| Article 19 (Violations Subject to, and Amounts of, Penalty Surcharges) |
| (2) | Articles 16 and 17 shall apply mutatis mutandis to the imposition, payment, payment reminder notice, and collection of penalty surcharges. |
| Article 20 (Requirements for Registration of Aircraft Maintenance Services) |
| Article 21 (Requirements for Registration of Aircraft Ground Handling Services) |
| Article 22 (Requirements for Registration of Air Charter Services) |
| Article 23 (Requirements for Registration of Business Using Ultra-Light Aircraft Rental Services) |
The requirements for the registration of ultra-light aircraft rental services under the main clause of Article 48 (2) 1 and Article 48 (2) 2 of the Act shall be as specified in attached Table 9.
| Article 24 (Requirements for Registration of Sport and Leisure Aviation Services) |
| Article 25 (Total Amount of Airfare) |
| (1) | The total amount of airfare, etc. on which an air operator shall provide users of air transportation with information pursuant to Article 62 (5) of the Act (hereinafter referred to as "total amount of airfare, etc.") shall be the aggregate of the following amounts: <Amended by Presidential Decree No. 28421, Nov. 10, 2017> |
| 3. | Usage fees for facilities of overseas airports; |
| 6. | Other amounts that users of air transportation shall pay to use air transportation services provided by the air operator. |
| (2) | An air operator shall provide air transport users with information about the total amount of airfare, etc. pursuant to Article 62 (5) of the Act, when representing, advertising, or introducing air tickets to air transport users. <Amended by Presidential Decree No. 28421, Nov. 10, 2017> |
| (3) | When a general sales agent or a travel agency under Article 61 (10) of the Act represents, advertises or introduces an air ticket or any travel package with an air ticket included to an air transport user pursuant to Article 62 (5) of the Act, he or she shall provide the air transport user with information about the total amount of airfare, etc.: Provided, That if the total amount of airfare, etc. is included in the price for the travel package, the information about the total amount of airfare, etc. shall be deemed to have been provided. <Amended by Presidential Decree No. 28421, Nov. 10, 2017> |
| (4) | The following guidelines shall be observed in providing information about the total amount of airfare, etc. in representing, advertising, or introducing an air ticket or a travel package with an air ticket included pursuant to paragraph (2) or (3): |
| 1. | It shall be clearly stated whether the total amount of airfare, etc. is for a one way trip or for a round trip; |
| 2. | It shall be clearly stated whether items, such as fuel surcharges included in the total amount of airfare, etc. and fees for using overseas airport facilities, may vary according to the issue date of the ticket, exchange rates, etc.; |
| 3. | The "total amount of airfare, etc." shall be highlighted with a font size, shape, colors, etc. distinct from those of the matters specified in each subparagraph of paragraph (1), in representing or advertising an air ticket or a travel package with an air ticket included so that air transport users can easily notice the total amount of airfare, etc.; |
| 4. | In cases of an air ticket in which the cities, dates, and times of departure and arrival, the type of air ticket, etc. are stated in detail, the fuel surcharge (in cases of a fuel surcharge variable according to an exchange rate, referring to an amount calculated by the exchange rate applied by the air operator or foreigner providing international air transport services) shall be clearly stated. |
| Article 26 (Publication of Results of Assessment of Aviation Services) |
When the Minister of Land, Infrastructure and Transport publishes the results of an assessment of aviation services pursuant to Article 63 (5) of the Act, he or she shall publish such results in the website of the Ministry of Land, Infrastructure and Transport within 10 days from the date on which the assessment is completed.
| Article 27 (Promotion of Aviation Business) |
| (1) | The maximum amount of funds that the State may provide to an aviation business operator in the form of a subsidy or loan for part of required funds pursuant to Article 65 (1) of the Act shall be: |
| 1. | In the case of Article 65 (1) 1 of the Act: A subsidy not exceeding 20/100, or a loan not exceeding 70/100, of the amount of losses caused by a war, civil war, terrorism or any similar event; |
| (2) | A person who intends to receive a subsidy or a loan pursuant to Article 65 (1) of the Act shall submit an application stating the following to the Minister of Land, Infrastructure and Transport: |
| 1. | The applicant's address and name (if the applicant is a corporation, its name and its representative's name); |
| 2. | The category, date, and number of license, permit, authorization, registration or reporting; |
| 3. | Reasons why the applicant intends to receive the subsidy or loan; and |
| 4. | The amount of the subsidy or loan that the applicant intends to receive. |
| (3) | The application under paragraph (2) shall be accompanied by the following documents. In such cases, the Minister of Land, Infrastructure and Transport shall verify the certificate of entries in the relevant corporate register (limited to cases where the applicant is a corporation) through administrative data matching under Article 36 (1) of the Electronic Government Act: |
| 1. | A copy of the business operation plan or business plan pertaining to the license, permit, authorization or reporting; |
| 2. | A business plan for the business to be operated with the subsidy or loan; |
| 3. | If losses have been incurred by a war, civil war, terrorism or any similar event, the details of the amount of such losses and evidential documents. |
| Article 28 (Establishment of Korea Aviation Association) |
In order to establish the Korea Aviation Association under Article 68 of the Act (hereinafter referred to as the "Association"), at least 1/10 of the persons qualified for membership of the Association shall prepare articles of association as promoters and shall obtain a resolution on the establishment at the inaugural general meeting held with the attendance of a majority of the persons qualified for membership of the Association.
| Article 29 (Articles of Association of Korea Aviation Association) |
| (1) | The articles of association of the Association shall include: |
| 4. | Matters regarding members and general meetings; |
| 5. | Matters regarding executive officers; |
| 6. | Matters regarding business activities; |
| 7. | Matters regarding accounting; |
| 8. | Matters regarding dissolution; |
| 9. | Matters regarding amendment of the articles of association; |
| 10. | Matters concerning the methods of public notice by the Association. |
| (2) | The articles of association under paragraph (1) shall be subject to approval by the Minister of Land, Infrastructure and Transport. This shall also apply where it is intended to amend any approved article. |
| Article 30 (Business Activities of Association) |
The Association shall:
| 1. | Perform business activities for developing air transport services, the operation and management of airports and related services (hereinafter referred to as "air transport services, etc.); |
| 2. | Survey and research on and promote air transport services, etc.; |
| 3. | Perform business activities for improving the operation of airport facilities; |
| 4. | Train and support personnel engaged in air transport services, etc.; |
| 5. | Publish statistics and data related to aviation; |
| 6. | Collect and manage information related to aviation; |
| 7. | Perform business activities for improving and guiding the management of air transport services, etc.; |
| 8. | Survey and research on aviation systems of foreign countries; |
| 9. | Perform research service projects for promoting aviation; |
| 10. | Survey and research on aviation safety; |
| 11. | Perform business activities for facilitating international cooperation with foreign aviation agencies; |
| 12. | Perform business activities entrusted by the Minister of Land, Infrastructure and Transport; |
| 13. | Perform Services incidental to the business activities specified in subparagraphs 1 through 12. |
The Minister of Land, Infrastructure and Transport shall supervise business activities of the Association and may issue orders necessary for robust development of the Association.
| Article 32 (Fostering of Aviation-Related Institutions and Organizations) |
An aviation-related institution or organization that intends to receive a subsidy pursuant to Article 69 (2) of the Act shall submit an application stating the following to the Minister of Land, Infrastructure and Transport: | 1. | The applicant's address and name (if the applicant is a corporation, its name and its representative's name); |
| 2. | The overview of the applicant's business; |
| 3. | Reasons why the applicant intends to receive the subsidy; |
| 4. | The amount that the applicant intends to receive a subsidy. |
| (2) | The application under paragraph (1) shall be accompanied by the following documents. In such cases, the Minister of Land, Infrastructure and Transport shall verify the certificate of entries in the relevant corporate register (limited to cases where the applicant is a corporation) through administrative data matching under Article 36 (1) of the Electronic Government Act: |
| 1. | A business plan for the business to be operated with the subsidy; |
| 2. | The articles of incorporation or association of the corporation or organization. |
| Article 33 (Delegation and Entrustment of Authority) |
| (1) | Pursuant to Article 75 (1) of the Act, the Minister of Land, Infrastructure and Transport shall delegate his or her authority for the following to the Administrator of each Regional Aviation Administration: Provided, That the authority for the affairs specified in subparagraphs 1 and 14 shall be delegated only to the Administrator of Seoul Regional Aviation Administration: <Amended by Presidential Decree No. 29462, Dec. 31, 2018> |
| 2. | Issuing permits (limited to cases where the period of operation is less than two weeks) or amended permits (limited to cases where the amended period of operation is less than two weeks) to domestic air operators to operate non-scheduled flights under Article 7 (3) and (6) of the Act; |
| 3. | Issuing permits or amended permits to international air operators to operate non-scheduled flights under Article 7 (3) and (6) of the Act (limited to permits or amended permits to operate non-scheduled flights to airports to which such flights are operable under an air services agreement with a foreign country without any restriction on capacity entitlements); |
| 4. | The following affairs for small-scale air transport services: |
| (b) | Receiving reports on the status of applications filed by air transport users for remedies for damage under Article 61 (6) of the Act, results of processing such applications, etc.; |
| (c) | Receiving reports on stipulations of air transportation and reports on an amendment of such stipulations under Article 62 (1) of the Act; |
| 5. | Issuing permits for a route of scheduled flights and accepting reports on the operation of non-scheduled flights under Article 10 (3) of the Act; |
| 6. | Registering alteration, accepting reports on alteration, and issuing permits for alteration under Article 10 (5) of the Act; |
| 7. | Accepting emergency response plans for aviation accidents under Article 11 of the Act (limited to emergency response plans for aviation accidents of persons who intend to have their small-scale air transport services registered) and issuing orders to alter or modify the content of such plans; |
| 9. | Approving the alteration of a business plan under the main clause of Article 12 (3) of the Act (in cases of domestic or international air transport services, limited to approval of the alteration of a business plan for temporary increase of flights for an aviation route); |
| 10. | Accepting reports in the alteration of a business plan under the proviso of Article 12 (3) of the Act: Provided, That the alteration of any minor matter in a business plan in connection with the alteration of a business plan for domestic or international air transport services for which a license issued by the Minister of Land, Infrastructure and Transport is required shall be excluded herefrom if such report is submitted to the Minister of Land, Infrastructure and Transport along with an application for approving the alteration of the business plan; |
| 11. | Inspecting the adherence to flight plans under Article 13 of the Act and organizing special inspection teams for such inspections; |
| 12. | Approving air transport agreements and cooperation agreements and the alternation of such agreements and accepting reports on the alteration of such agreements under Article 15 (1) and (2) of the Act (limited to air transport agreements and cooperation agreements entered into between small-scale air operators); |
| 13. | Consulting with the Fair Trade Commission under Article 15 (4) of the Act (limited to the approval of cooperation agreements entered into between small-scale air operators and the alteration of such cooperation agreements); |
| 15. | Approving the postponement of the scheduled date of commencement of flights and accepting reports on the commencement of flights before the scheduled date of commencement of flights under Article 19 (3) of the Act (limited to cases of small-scale air operators); |
| 16. | Accepting reports on transfer and takeover under the proviso of Article 21 (1) of the Act and making public announcements under paragraph (3) of the same Article (limited to public announcements regarding reports on transfer and takeover under the proviso of paragraph (1) of the same Article); |
| 19. | Issuing permits for the suspension of air transport services or the suspension of flights or accepting reports on the suspension of air transport services or the suspension of flights under Article 24 of the Act (limited to cases of small-scale air operators); |
| 20. | Issuing permits for the discontinuation of air transport services or the discontinuation of flights or accepting reports on the discontinuation of air transport services or the discontinuation of flights under Article 25 of the Act (limited to cases of small-scale air operators); |
| 21. | Issuing orders to improve operations under Article 27 of the Act (limited to orders to improve operations in connection with the matters for which the authority has been delegated to the Administrator of the relevant Regional Aviation Administration); |
| 22. | Revoking licenses or registration or issuing orders to suspend operations under Article 28 of the Act (limited to the revocation of licenses or registration in regard to matters for which the authority has been delegated to the Administrator of the relevant Regional Aviation Administration or orders to suspend operations); |
| 23. | Imposing and collecting penalty surcharges under Article 29 of the Act (limited to the imposition and collection of penalty surcharges in connection with matters for which the authority has been delegated to the Administrator of the relevant Regional Aviation Administration); |
| 24. | The following affairs regarding aircraft use business: |
| (b) | Approving the postponement of the scheduled date of commencement of flights and accepting reports on the commencement of flights before the scheduled date of commencement of flights under the proviso of Article 31 of the Act; |
| (d) | Accepting reports on transfer and takeover under Article 34 (1) of the Act or making public announcements under paragraph (3) of the same Article; |
| 25. | The following affairs regarding the business of operating aircraft maintenance services: |
| (a) | Registering businesses of aircraft maintenance services and accepting reports on alteration under Article 42 (1) of the Act; |
| 26. | The following affairs regarding the business of operating aircraft ground handling services: |
| (a) | Registering businesses of operating aircraft ground handling services and accepting reports on alteration under Article 44 (1) of the Act; |
| 27. | The following affairs regarding the business of operating air charter services: |
| 28. | The following affairs regarding the ultra-light aircraft use business: |
| 29. | The following affairs regarding the business of operating sport and leisure aviation services: |
| (a) | Registering businesses of operating sport and leisure aviation services and accepting reports on alteration under Article 50 (1) of the Act; |
| 30. | The following affairs regarding the business of operating courier services, the business of general sales agency or the business of operating city airport terminal services: |
| (a) | Registering businesses of operating courier services, businesses of general sales agency and businesses of operating city airport terminal services and accepting reports on alteration under Article 52 (1) of the Act; |
| 31. | Issuing permits for the paid transportation of passengers or cargo by aircraft with a foreign nationality under Article 55 (1) of the Act (limited to paid transportation to airports to which flights are operable under an air services agreement with a foreign country without any restriction on capacity entitlements); |
| 32. | The following affairs regarding the business of operating international air transport services provided by foreigners) |
| (a) | Revoking a permit or issuing an order to suspend operations under Article 59 (1) of the Act (limited to orders to revoke a permit or suspend operations in connection with any matter for which the authority has been delegated to the Administrator of the relevant Regional Aviation Administration); |
| (b) | Imposing and collecting administrative monetary penalties under Article 29 of the Act which shall apply mutatis mutandis pursuant to Article 59 (2) of the Act (limited to the imposition and collection of administrative monetary penalties in connection with any matter for which the authority has been delegated to the Administrator of the relevant Regional Aviation Administration); |
| (d) | Approving the alteration of a business plan under the main clause of Article 12 (3) of the Act which shall apply mutatis mutandis pursuant to Article 60 (2) of the Act (limited to the approval of the alteration of a business plan for temporary increase of flights for an aviation route); |
| (e) | Accepting reports on the alteration of a business plan under the proviso of Article 12 (3) of the Act which shall apply mutatis mutandis pursuant to Article 60 (2) of the Act: Provided, That the alteration of any minor matter in a business plan in connection with the alteration of a business plan that is required to be approved by the Minister of Land, Infrastructure and Transport shall be excluded herefrom if such report is submitted to the Minister of Land, Infrastructure and Transport along with an application for approving the alteration of the business plan; |
| 33. | Receiving documents certifying valid insurance, etc., such as insurance reports submitted by persons who hold aviation insurance, etc. under Article 70 (5) of the Act (limited to cases where the authority to register aviation services is delegated to the Administrator of the relevant Regional Aviation Administration); |
| 34. | Holding hearings under Article 74 of the Act (limited to matters related to the affairs for which the authority is delegated to the Administrator of the relevant Regional Aviation Administration); |
| 35. | Imposing and collecting administrative monetary penalties under Article 74 of the Act (limited to the imposition and collection of administrative monetary penalties for matters related to the affairs for which the authority is delegated to the Administrator of the relevant Regional Aviation Administration and administrative monetary penalties under Article 84 (2) 18 of the Act). |
| (2) | Pursuant to Article 75 (2) of the Act, the Minister of Land, Infrastructure and Transport shall entrust the affairs specified in subparagraphs 1 and 2 of the same paragraph to the Korea Transport Institute established pursuant to Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes. |
| (3) | Pursuant to Article 75 (3) of the Act, the Minister of Land, Infrastructure and Transport shall entrust the affairs specified in each subparagraph of Article 69-2 of the Act to the Korea Institute of Aviation Safety Technology under the Korea Institute of Aviation Safety Technology Act. <Newly Inserted by Presidential Decree No. 28421, Nov. 10, 2017> |
| Article 34 (Re-Examination of Regulation) |
The Minister of Land, Infrastructure and Transport shall examine the validity of the following matters every two years starting from March 30, 2017 (referring to the period that ends on the day before March 30 of every second year) and shall take measures, such as making improvements:
| 1. | The criteria for licensing operate domestic or international air transport services under Article 12 and attached Table 1; |
| 2. | The requirements for the registration of small-scale air transport services under Article 13 and attached Table 2; |
| 3. | Deleted; <by Presidential Decree No. 30509, Mar. 3, 2020> |
| 4. | The requirements for the registration of an aircraft use business under Article 18 and attached Table 4; |
| 5. | The requirements for the registration of a business of operating aircraft maintenance services under Article 20 and attached Table 6; |
| 6. | The requirements for the registration of a business of operating aircraft ground handling services under Article 21 and attached Table 7; |
| 7. | The requirements for the registration of a business of operating air charter services under Article 22 and attached Table 8; |
| 8. | The requirements for the registration of an ultra-light aircraft use business under Article 23 and attached Table 9; |
| 9. | The requirements for the registration of a business of operating sport and leisure aviation services under Article 24 and attached Table 10. |
| Article 35 (Standards for Imposition of Administrative Fines) |
The guidelines for imposing administrative fines under Article 84 of the Act shall be as specified in attached Table 11.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017.
Article 2 (Repeal of Other Statutes and Regulations)
Article 3 (Transitional Measures concerning Working Committees of Aviation Policy Committee)
| (2) | The chairperson and members appointed or commissioned to a working committee pursuant to Article 11-5 (3) or (4) of the previous Enforcement Decree of the Aviation Act before this Decree enters into force shall be deemed to have been appointed or commissioned as the chairperson and members of the working committee pursuant to Article 9, and the members of a working committee under Article 9 (3) 4 shall serve only for the remaining term of office. |
Article 4 (Transitional Measures concerning Administrative Monetary Penalties)
Article 5 (Transitional Measures concerning Administrative Fines)
Article 6 Omitted.
Article 7 (Relationship to Other Statutes or Regulations)
ADDENDUM <Presidential Decree No. 28194, Jul. 17, 2017>
This Decree shall enter into force on July 18, 2017.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, among the Presidential Decrees amended by Article 8 of the Addenda, the amendment to a Presidential Decree which was promulgated before this Decree enters into force but whose enforcement date has yet to arrive shall enter into force on the enforcement date of the relevant Decree. Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28261, Sep. 4, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 28421, Nov. 10, 2017>
This Decree shall enter into force on November 10, 2017.
ADDENDA <Presidential Decree No. 29267, Oct. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Criteria for Licensing Business of Operating Domestic Air Transport Services)
Notwithstanding the amended provisions of subparagraphs 1 and 3 of attached Table 1, previous provisions shall apply to the persons who hold a license issued for a business of operating domestic or international air transport services before this Decree enters into force.
ADDENDUM <Presidential Decree No. 29462, Dec. 31, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 29518, Feb. 8, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 30106, Oct. 8, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 30488, Feb. 25, 2020>
This Decree shall enter into force on February 28, 2020.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.