AIRPORT FACILITIES ACT
Act No. 14113, Mar. 29, 2016
Amended by Act No. 14342, Dec. 2, 2016
Act No. 14532, Jan. 17, 2017
Act No. 14855, Aug. 9, 2017
Act No. 15009, Oct. 31, 2017
Act No. 15310, Dec. 26, 2017
Act No. 15399, Feb. 21, 2018
Act No. 15995, Dec. 18, 2018
Act No. 16902, Jan. 29, 2020
Act No. 17610, Dec. 8, 2020
Act No. 17689, Dec. 22, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to development of the aviation industry and improvement of public welfare by prescribing matters concerning the establishment, operation, etc. of airports, aerodromes and air navigation facilities.
The terms used in this Act are defined as follows:
| 2. | The term "aerodrome" means a certain area of land or water surface prescribed by Presidential Decree, used for taking off (including taking off from water surface; hereinafter the same shall apply) and landing (including landing on water surface; hereinafter the same shall apply) of aircraft, light sport aircraft, and ultra-light vehicle; |
| 3. | The term "airport" means a public aerodrome with airport facilities, whose name, location, and area are designated and publicly notified by the Minister of Land, Infrastructure and Transport; |
| 4. | The term "airport area" means an area determined as urban or Gun planning facilities referred to in Articles 30 and 43 of the National Land Planning and Utilization Act and publicly notified by the Minister of Land, Infrastructure and Transport, among areas being used as airports and prearranged areas for airport, and aerodrome development; |
| 5. | The term "aerodrome area" means an area determined as urban or Gun planning facilities referred to in Articles 30 and 43 of the National Land Planning and Utilization Act and publicly notified by the Minister of Land, Infrastructure and Transport, among areas being used as aerodromes and prearranged airport, and aerodrome development areas; |
| 6. | The term "prearranged area for airport and aerodrome development" means an area publicly notified by the Minister of Land, Infrastructure and Transport pursuant to Article 4 under the basic plan for development of airports or aerodromes for the purpose of development projects of airports or aerodromes; |
| 7. | The term "airport facilities" means facilities prescribed by Presidential Decree among facilities in and outside airport areas, which are the following facilities designated by the Minister of Land, Infrastructure and Transport: |
| (a) | Facilities for taking off, landing, and navigation of aircraft, and subsidiary facilities, and supporting facilities thereof; |
| (b) | Facilities for airline passengers and freight traffic, and subsidiary facilities, and supporting facilities thereof; |
| 8. | The term "aerodrome facilities" means facilities established in an aerodrome for taking off and landing of an aircraft and subsidiary facilities thereof, designated by the Minister of Land, Infrastructure and Transport; |
| 9. | The term "airport development project" means any of the following projects implemented under this Act: |
| (a) | A project relevant to establishment, expansion, maintenance or improvement of airport facilities; |
| (b) | A project relevant to the construction of infrastructure, including necessary means of transportation for access and port facilities following airport development; |
| (c) | A project prescribed by Presidential Decree, including projects for employees engaged in duties relevant to airport users and aviation; |
| 10. | The term "aerodrome development project" means either of the following projects implemented under this Act: |
| (a) | A project relevant to the establishment, expansion, maintenance and improvement of aerodrome facilities; |
| (b) | A project relevant to the construction of infrastructure, including necessary means of transportation for access following aerodrome development; |
| 12. | The term "runway" means an area set in an airport or aerodrome with the size prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport for taking off and landing of aircraft; |
| 13. | The term "landing zone" means a safety zone established around a runway to reduce damages to aircraft and passengers when aircraft deviates from runways, which are rectangular-shaped land surface or water surface with the size prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, centering at the center line of the runway; |
| 14. | The term "obstacle limitation surface" means an area prescribed by Presidential Decree, on which the establishment, etc. of obstacles (referring to topography, articles, etc., which hinder safe navigation of aircraft) around airports or aerodromes is limited for safe navigation of aircraft; |
| 15. | The term "air navigation facilities" means facilities to assist navigation of aircraft using wire communication, wireless communication, satellites, lights, colors, or radio waves, which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 16. | The term "aerial light" means air navigation facilities to assist navigation of aircraft by using lights, colors, shapes, etc., which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 17. | The term "radio navigation aids" means facilities to assist navigation of aircraft by using radio waves, which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 18. | The term "aviation information and communications facilities" means facilities to provide and exchange information necessary for air traffic affairs by using telecommunication, which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 19. | The term "landing field" means certain areas of land or water surface, other than an aerodrome, used for taking off or landing of light sport aircraft and ultra-light vehicle, which are prescribed by Presidential Decree; |
| 20. | The term "aeronautic review" means review and evaluation regarding aviation safety, which is planned to find methods to check risks for contact flying and instrument flying procedure, etc., and to maintain acceptable safety levels while removing or reducing risks thereof. |
CHAPTER II DEVELOPMENT OF AIRPORTS AND AERODROMES
| Article 3 (Formulation of Comprehensive Plans for Airport Development) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate a comprehensive plan for airport development (hereinafter referred to as "comprehensive plan") that includes the following matters every five years to implement airport development projects systematically and effectively: |
| 1. | Prospects of airport demand; |
| 2. | Plans regarding development of aerodromes, etc. the size of which is greater than that prescribed by Presidential Decree, within the scope of financial support by regional airports or the State exceeding 30 billion won; |
| 3. | Investment requirements and methods for financing; |
| 4. | Matters regarding the development, operation, etc. of airports and aerodromes. |
| (3) | Where the Minister of Land, Infrastructure and Transport intends to change major matters prescribed by Presidential Decree, including the change of an airport development plan among the details of the comprehensive plan, he or she shall change the comprehensive plan as prescribed by Presidential Decree. |
| (4) | Where the Minister of Land, Infrastructure and Transport intends to formulate the comprehensive plan or change the comprehensive plan referred to in paragraph (3) (hereafter in this Article referred to as "change"), he or she shall hear opinions of the head of related local governments; and shall consult with the head of a related central administrative agency. |
| (5) | The Minister of Land, Infrastructure and Transport may request the head of a related administrative agency to submit data necessary for formulating or changing the comprehensive plan. In such cases, upon receipt of the request, the head of the related administrative agency shall cooperate therewith, in the absence of good cause to the contrary. |
| (6) | Where the Minister of Land, Infrastructure and Transport intends to formulate or change the comprehensive plan, he or she shall undergo deliberation by the aviation policy committee referred to in Article 4 of the Aviation Business Act. |
| (7) | Where the Minister of Land, Infrastructure and Transport formulates or changes the comprehensive plan, he or she shall publicly notify the details thereof as prescribed by Presidential Decree. |
| Article 4 (Formulation of Master Plans for Airport Development) |
| (1) | Where the Minister of Land, Infrastructure and Transport intends to develop airports or aerodromes, he or she shall formulate a master plan for development of airports or aerodromes (hereinafter referred to as "basic plan"): Provided, That he or she may not formulate the master plan in cases of minor development projects prescribed by Presidential Decree, including projects regarding improvement of airport facilities or aerodrome facilities. |
| (2) | The master plan shall include the following: |
| 1. | Analysis of the current status of airports or aerodromes; |
| 2. | Demand forecast for airports or aerodromes; |
| 3. | Prearranged areas for airport and aerodrome development, and obstacle limitation surfaces; |
| 4. | Size and arrangement of airports or aerodromes; |
| 5. | Plan for construction and operation; |
| 7. | Environment management plan; |
| 8. | Other matters necessary for the development, operation, etc. of airports or aerodromes. |
| (3) | Where the Minister of Land, Infrastructure and Transport intends to change major matters prescribed by Presidential Decree, including construction, etc. of new runways among the details of the basic plan, he or she shall change the basic plan as prescribed by Presidential Decree. |
| (4) | Article 3 (4) through (6) shall apply mutatis mutandis to the formulation of a basic plan or the change of a basic plan referred to in paragraph (3). |
| (5) | Where the Minister of Land, Infrastructure and Transport formulates the basic plan or changes the basic plan referred to in paragraph (3), he or she shall public notify the details thereof as prescribed by Presidential Decree. In such cases, Article 8 of the Framework Act on the Regulation of Land Use shall apply to the public notice of cadastral information. |
| (6) | Where the Minister of Land, Infrastructure and Transport publicly notifies the basic plan referred to in paragraph (5), he or she shall send the basic plan to the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor (hereinafter referred to as the "Mayor/Do Governor"), Special Self-Governing City Mayor or Special Self-Governing Province Governor; and shall display it to general public for not less than 14 days. |
| Article 5 (Deliberative Committee on Airport Development Technology) |
| (1) | In order to deliberate on important matters on construction technologies, traffic effects, etc. concerning airport development projects or aerodrome development projects (hereinafter referred to as "development projects"), a deliberative committee on airport development technology (hereinafter referred to as "technology deliberative committee") shall be established in the Ministry of Land, Infrastructure and Transport. |
| (2) | The technology deliberative committee shall consist of at least 100 members, including one chairperson, appointed or commissioned by the Minister of Land, Infrastructure and Transport from among the following persons: |
| 1. | Public officials in Grade V or higher related to technology development affairs; |
| 3. | Persons who have abundant professional knowledge and experience in airport, construction, civil engineering, fire extinguishment, the environment, etc. |
| (3) | The chairperson of the technology deliberative committee may organize and operate a subcommittee for each department if necessary to carry out the deliberation of the technology deliberative committee effectively and to deliberate matters delegated by the technology deliberative committee. |
| (4) | Matters deliberated on by a subcommittee for each department referred to in paragraph (3) shall be deemed to have been deliberated on by the technology deliberative committee. |
| (5) | Matters necessary for the organization, function, operation, etc. of the technology deliberative committee and subcommittees shall be prescribed by Presidential Decree. |
| Article 6 (Implementer of Development Projects) |
| (1) | Development projects shall be implemented by the Minister of Land, Infrastructure and Transport. |
| (2) | Where a person other than the Minister of Land, Infrastructure and Transport intends to implement development projects, he or she shall obtain permission of the Minister of Land, Infrastructure and Transport: Provided, That among development projects regarding improvement of facilities, etc., minor development projects prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as ordinary maintenance and repair projects, may be implemented without permission of the Minister of Land, Infrastructure and Transport. |
| (3) | The permission standards referred to in paragraph (2) shall be as follows: |
| 1. | The purpose and details of development projects shall be in balance with the comprehensive plan and basic plan; |
| 2. | The person shall have financial and technical capabilities necessary to implement the relevant development project properly. |
| (4) | Where the Minister of Land, Infrastructure and Transport grants the permission referred to in paragraph (2), he or she may grant the permission on condition of reverting lands and facilities (excluding facilities prescribed by Presidential Decree such as facilities for maintenance and repair of airports and convenient facilities for airport users) related to the relevant development projects to the State or on condition of having the implementer of such development projects bear the expenses incurred in establishing infrastructure, such as roads and water supply and drainage, which are necessary, incidentally, for implementing such development projects. |
| Article 7 (Formulation and Approval of Implementation Plans) |
| (1) | The implementer of development projects referred to in paragraph (6) (hereinafter referred to as "projector implementer") shall formulate an implementation plan for development projects (hereinafter referred to as "implementation plan") before he or she initiates development projects as prescribed by Presidential Decree. |
| (2) | The implementation plan shall include the following matters: |
| 1. | Design documents necessary for implementing projects; |
| 3. | Period of implementing development projects; |
| 4. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Where a project implementer other than the Minister of Land, Infrastructure and Transport formulates the implementation plan, he or she shall obtain approval of the Minister of Land, Infrastructure and Transport. The same shall apply to change of permitted matters. |
| (4) | Notwithstanding the latter part of paragraph (3), a project implementer other than the Minister of Land, Infrastructure and Transport may report the change of minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, including the change of facilities, which does not accompany the change of structure and also does not affect safety at the same time when he or she applies for confirmation of the completion of construction under Article 20. |
| (5) | Where the Minister of Land, Infrastructure and Transport intends to formulate an implementation plan, including the matters referred to in Article 8 (1) 1, 2 (only referring to the deliberation by building committees referred to in Article 4 of the Building Act) or 12 or to approve the implementation plan pursuant to paragraph (3), he or she shall undergo deliberation by the technology deliberative committee in advance. |
| (6) | Where the Minister of Land, Infrastructure and Transport formulates or changes an implementation plan or approves the implementation plan or a change thereof pursuant to paragraph (3), he or she shall publicly notify the details thereof as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That in cases of minor development projects prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport such as changes of minor matters referred to in paragraph (4), he or she may omit such notice. |
| (7) | Where the Minister of Land, Infrastructure and Transport provide public notice under paragraph (6), he or she shall send the copy of the relevant documents to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of each Si/Gun, and autonomous Gu (hereinafter referred to as the "head of a Si/Gun/Gu"). |
| (8) | Upon receipt of the copy of the relevant documents under paragraph (7), the head of a Si/Gun/Gu, where matters determined under urban or Gun management plans referred to in subparagraph 4 of Article 2 of the National Land Planning and Utilization Act are included in the relevant documents, shall take necessary measures such as the application for the approval of topographic maps referred to in Article 32 of the same Act. In such cases, the project implementer shall submit the documents necessary for publicly notifying topographic maps and others to the head of a Si/Gun/Gu. |
| (9) | Where the Minister of Land, Infrastructure and Transport formulates or approves the implementation plan which requires expropriation of land, etc. referred to in Article 12 (1), he or she shall publicly notify the details, such as the name of a project implementer, type of a project, and land to be expropriated; and shall notify the owner and right holder of such land, etc. of the such fact. The same shall apply where the details, such as land to be expropriated, are changed since the implementation plan is changed. |
| Article 8 (Authorization and Permission Deemed Granted) |
| (1) | Where the Minister of Land, Infrastructure and Transport formulates or approves the implementation plan referred to in Article 7 (1) and (3), it shall be deemed that the following approval, permission, authorization, determination, designation, license, consultation, agreement, deliberation or cancellation, etc. (hereinafter referred to as "authorization, permission, etc.") has been made; and where the Minister of Land, Infrastructure and Transport publicly notifies the implementation plan or the approval of the implementation plan referred to in Article 7 (6), it shall be deemed that the public notice or public announcement of authorization, permission, etc., under the following statutes has been made: <Amended on Jan. 17, 2017; Oct. 31, 2017; Jan. 29, 2020> |
| 11. | Permission to occupy urban parks referred to in Article 24 of the Act on Urban Parks, Green Areas; |
| 20. | Agreement on construction permission, etc. under Article 7 (1) of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems; |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to formulate or approve the implementation plan pursuant to Article 7 (1) or (3), if matters falling under any subparagraph of paragraph (1) are included in the implement plan, he or she shall, in advance, consult with the head of a related administrative agency on whether the implementation plan is appropriate for statutes under each subparagraph of paragraph (1). |
| (3) | Upon receipt of the request of consultation pursuant to paragraph (2), the head of a related administrative agency shall submit his or her opinion within 20 days after receiving a request for consultation. In such cases, where the head of the related administrative agency fails to submit his or her opinion within such period, it shall be deemed that the consultation was made. |
| Article 9 (Limitation of Disposing National or Public Lands) |
| (1) | No land owned by the State or local governments, which are necessary for a development project, in areas designated and publicly notified as prearranged areas for airport and aerodrome development pursuant to Article 4 (5) or areas for which the implementation plan was publicly notified under Article 7 (6) shall be sold or transferred for purposes other than for purposes related to the relevant development project. |
| (2) | Notwithstanding the State Property Act, the Public Property and Commodity Management Act, and other statutes and regulations, the property of the State or local governments in the areas publicly notified as prearranged areas for airport and aerodrome development or areas for which the implementation plan was publicly notified under paragraph (1), may be sold or transferred to the project implementer by a private contract. In such cases, the Minister of Land, Infrastructure and Transport shall, in advance, consult with the head of the related administrative agency on the abolishment of the use of administrative property and disposition of general property pursuant to Article 40 (2) 1 of the State Property Act. |
| (3) | Except as otherwise provided in paragraph (2), the Minister of Land, Infrastructure and Transport shall, in advance, consult with the Minister of Economy and Finance on the sale and transfer of the State property. |
| (4) | Where there is a request for consultation under the latter part of paragraph (2) or paragraph (3), the head of the related administrative agency or the Minister of Economy and Finance shall abolish the use, sell, transfer or take other necessary measures within 30 days of the receipt of a request. |
| (5) | Among the property which is intended to be sold or transferred to the project implementer pursuant to paragraph (2), the property for which the management office is unclear shall be managed or disposed of by the Minister of Economy and Finance, notwithstanding the provisions of other statutes and regulations. |
| Article 10 (Restrictions on Acts) |
| (1) | Any person who intends to conduct acts prescribed by Presidential Decree such as construction of buildings, installation of artificial structures, change of shape and quality of land, quarrying, land division, stacking articles in areas designated and publicly notified as prearranged areas for airport and aerodrome development under Article 4 (5) or in areas for which the implementation plan was publicly notified under Article 7 (6), shall obtain permission from the Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries (limited to acts in public waters managed by the Minister of Oceans and Fisheries under the Public Waters Management and Reclamation Act; hereafter in this Article the same shall apply) or the head of a Si/Gun/Gu. The same shall apply to change of matters which are permitted. |
| (2) | Notwithstanding paragraph (1), any of the following acts may be conducted without obtaining permission: |
| 1. | Emergency measures necessary for response to calamity or disaster control; |
| 2. | Acts prescribed by Presidential Decree, such as the change of shape and quality of land for cultivation. |
| (3) | Any person who initiates the construction or project for acts already permitted under the relevant statutes and regulations or acts for which the permission is not required at the time of the public notice of areas designated as prearranged areas for airport and aerodrome development or the public notice of the implementation plan, among acts which shall be permitted under paragraph (1), may continue to implement them after reporting them to the Minister of Land, Infrastructure and Transport or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (4) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or the head of a Si/Gun/Gu may order a person who violates paragraph (1) to restore the land to the previous condition. In such cases, where the persons ordered to restore fails to fulfill such duty, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or the head of a Si/Gun/Gu may execute it by proxy under the Administrative Vicarious Execution Act. |
| Article 11 (Access to and Use of Land) |
| (1) | Project implementers (limited to the Minister of Land, Infrastructure and Transport, the heads of local governments, and the heads of the public institutions under Article 4 of the Act on the Management of Public Institutions, in cases of aerodrome development projects, and the same shall apply in this Article and Article 12 (1)) may conduct the following acts if necessary for development projects: |
| 1. | Accessing land of third persons; |
| 2. | Temporarily using land of third persons as material yards, passages, or temporary roads; |
| 3. | Changing or removing trees, soil, stones or other obstacles, if especially necessary. |
| Article 12 (Expropriation of Land) |
| (1) | Project implementers may expropriate or use land, goods and rights referred to in Article 3 of the Act on Acquisition of and Compensation for Land for Public Works Projects (hereinafter referred to as "land, etc.") if necessary for implementing development projects. |
| (2) | Where an implementation plan is formulated, approved, or publicly notified under Article 7, it shall be deemed that a project is approved and project approval is publicly notified under Articles 20 (1) and 22 of the Act on Acquisition of and Compensation for Land for Public Works Projects. |
| (3) | An application for ruling on the expropriation or use of land, etc. may be filed within the implementation period of development projects prescribed in the implementation plan, notwithstanding Articles 23 and 28 (1) of the Act on Acquisition of and Compensation for Land for Public Works Projects. |
| (4) | The competent land expropriation committee having jurisdiction over a ruling on the expropriation or use of land, etc. shall be the central land expropriation committee. |
| (5) | The Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to the expropriation or use of land, etc., except as otherwise provided in this Act. |
| Article 13 (Entrustment of Land Selling Business) |
| (1) | Project implementers may commission land purchasing business, business of compensation for loss, migration measures business, etc. for development projects to the heads of the competent local governments as prescribed by Presidential Decree. |
| (2) | In cases of commissioning land purchasing business, business of compensation for loss, migration measures business, etc. referred to in paragraph (1), the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply to commission fees, etc. |
| (3) | In cases of compensation for loss for development projects, any loss caused by the disposition or limitation by the Minister of Land, Infrastructure and Transport shall be compensated by the State and loss caused by the implementation of projects by persons other than the Minister of Land, Infrastructure and Transport shall be compensated by the projector implementer or facilities shall be established to prevent such loss by the projector implementer. |
| Article 14 (Claims for Purchasing Land) |
| (1) | Any owner of land which became significantly less useful since the land cannot be used for its intended purpose or land cannot be used or make profit as the area to which the land belongs was publicly notified as a prearranged area for airport and aerodrome development (hereinafter referred to as "lands subject to purchase"), who falls under any of the following persons may claim the purchase of the relevant land to the relevant project implementer: |
| 1. | A person who has continuously owned the land since the area was publicly notified as a prearranged area for airport and aerodrome development; |
| 2. | A person who acquired and continuously owned the land before it became impossible to use or profit from the land; |
| 3. | A person who has inherited the land from any person falling under subparagraph 1 or 2 and continuously owned the land. |
| (2) | Specific standards for determining land which became significantly less useful since it cannot be used for its intended purpose or land cannot be used or make profit under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 15 (Procedures for Claiming Purchase) |
| (1) | A project implementer shall notify a claimant for purchase of whether the land is subject to purchase and the expected price of purchase, etc. within six months after he or she has received the claim for purchasing land under Article 14 (1). |
| (2) | For the land which a project implementer notifies as the land subject to purchase under paragraph (1), he or she shall formulate a purchase plan and purchase said land within a period prescribed by Presidential Decree but not exceeding five years. |
| (3) | The purchase price of land subject to purchase (hereinafter referred to as "purchase price") shall be the price evaluated by considering the land price index prescribed by Presidential Decree, producer price index, location, shape and environment of the land, and the status of use of the relevant land, etc. during a period from the base date of public announcement to the date of payment to the claimant for purchase, based on the officially announced land price under the Act on the Public Announcement of Real Estate Values at the time of purchase claim. |
| (4) | The land purchased under paragraphs (1) through (3) shall belong to the State if the project implementer is the Minister of Land, Infrastructure and Transport; and the said land shall belong to the relevant project implementer if the project implementer is not the Minister of Land, Infrastructure and Transport. |
| (5) | In cases of the land purchased under paragraphs (1) through (3), the methods of calculating purchasing price, purchasing procedures, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 16 (Bearing of Expenses) |
| (1) | A project implementer shall bear expenses incurred in appraisal, assessment, etc. for calculating the purchase price in Article 15 (3). |
| (2) | Notwithstanding paragraph (1), where a claimant for purchase withdraws the claim for purchase without good cause, a project implementer may have the claimant for purchase fully or partially bear expenses incurred in appraisal and assessment as prescribed by Presidential Decree: Provided, That this shall not apply where the purchase price falls by the ratio not less than that prescribed by Presidential Decree compared to the expected purchase price. |
| (3) | Where a project implementer is the Minister of Land, Infrastructure and Transport or the head of a local government, if the claimant for purchase fails to pay the expenses to be borne under the main sentence of paragraph (2), it shall be collected in the same manner as delinquent national taxes are collected. |
| Article 17 (Implementation of Subsidiary Construction) |
| (1) | A project implementer may consider the construction works other than a development project, which became necessary as a result of the development project or which became necessary to implement the development project (hereinafter referred to as "subsidiary construction"), as the relevant development project; and may implement it together with the relevant development project. |
| (2) | The scope of subsidiary constructions shall be prescribed by Presidential Decree. |
| Article 18 (Implementation of Development Projects by Proxy) |
Where it is necessary to conduct a development project implemented by persons other than the Minister of Land, Infrastructure and Transport, the Minister of Land, Infrastructure and Transport may consult with a relevant project implementer, and implement said project with the expense borne by the project implementer or may have a third party conduct it by proxy.
| Article 19 (Special Cases concerning Promotion of Development Projects and Quality Improvement) |
| 1. | Development projects using special technologies or special devices recognized by the Minister of Land, Infrastructure and Transport after undergoing deliberation of the technology deliberative committee; |
| 2. | Development projects that the Minister of Land, Infrastructure and Transport deems that the structure and shape of facility are at higher level than the standard regarding fire-fighting, disaster prevention, fire prevention, evacuation, etc. under the relevant statutes and regulations upon deliberation of the technology deliberative committee. |
| (2) | Where a project implementer orders construction projects with various functions and characteristics, in cases where it is difficult to order the construction and electricity work and telecommunication work separately due to the condition of the site of work or technology management, which are prescribed by Presidential Decree, he or she may order the construction work by integrating them. |
| (3) | Notwithstanding Article 20 of the Industrial Cluster Development and Factory Establishment Act, a project implementer may establish, increase or transfer facilities for producing various construction materials required for the development project, which the Minister of Land, Infrastructure and Transport deems directly necessary for the development project, in a prearranged area for airport and aerodrome development or the vicinity thereof. In such cases, the facilities for producing construction materials shall be limited to those established during the period of development project for the purpose of construction. |
| (4) | Where a project implementer finishes the development project, he or she shall restore the facilities established under paragraph (3). |
| Article 20 (Confirming Completion of Construction) |
| (1) | Where a project implementer other than the Minister of Land, Infrastructure and Transport finishes construction regarding development projects, he or she shall submit a report on completion of development projects thereto; and shall receive the confirmation of the completion of construction from the Minister of Land, Infrastructure and Transport without delay as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That the confirmation of the completion of construction shall be deemed to have been obtained for a building approved to use by the permitting authority under Article 22 of the Building Act. |
| (2) | A project implementer who receives the approval of use from the permitting authority under the proviso of paragraph (1) shall report such fact to the Minister of Land, Infrastructure and Transport. |
| (3) | Where the Minister of Land, Infrastructure and Transport confirms the completion of construction under paragraph (1), he or she may commission an inspection necessary for completing construction to the heads of the relevant central administrative agencies, the heads of local governments, the heads of public institutions under Article 4 of the Act on the Management of Public Institutions or relevant specialized institutions, etc. |
| (4) | Where the Minister of Land, Infrastructure and Transport receives an application for the confirmation of the completion of construction referred to in paragraph (1) and deems that the construction was implemented according to the details of the implementation plan, he or she shall issue a certification of the completion of construction to the applicant thereof. |
| (5) | Where the Minister of Land, Infrastructure and Transport finishes construction works regarding development projects or issues a certification of the completion of construction referred to in paragraph (4), he or she shall publicly notify the name, type and location of the development project and initial date of using it, etc., as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (6) | Where public notice has been issued under paragraph (5) or where a certificate of approval of use has been received under the proviso of paragraph (1), it shall be deemed that the confirmation of the completion of construction or the authorization for the completion of construction, etc. of the relevant project resulting from the authorization, permission, etc. under each subparagraph of Article 8 (1) was received. |
| (7) | Before issuing the certification of the completion of construction referred to in paragraph (4), no land or facilities created or established by the development project shall be used: Provided, That this shall not apply where the permission for use was deemed issued before the confirmation of the completion of the construction or where the confirmation of the completion of construction for buildings under the proviso of paragraph (1) was deemed issued by the Minister of Land, Infrastructure and Transport. |
| (8) | The Minister of Land, Infrastructure and Transport shall notify the applicant of whether to grant permission, within 20 days after receipt of an application for permission for use under the proviso of paragraph (7). <Newly Inserted on Dec. 18, 2018> |
| Article 21 (Investment Permission and Vesting of Facilities) |
| (1) | Any person who intends to invest in the development projects implemented by the Minister of Land, Infrastructure and Transport shall obtain permission of the Minister of Land, Infrastructure and Transport. In such case, the Minister of Land, Infrastructure and Transport may grant permission on condition that the properties relevant to such development project and other facilities (excluding facilities prescribed by Presidential Decree such as facilities for maintenance and repair of airports, convenient facilities for airport users) be vested in the State. |
| (2) | The land and facilities developed or established by obtaining permission on the condition under the latter part of paragraph (1) and Article 6 (4) shall devolve upon the State immediately upon completion of the relevant construction: Provided, That where the permission without conditions is obtained, such land and airport facilities shall be owned by the relevant project implementer. |
| (3) | Notwithstanding paragraph (2), the Incheon International Airport Corporation Act shall apply to the vesting of properties and facilities developed or established for the development project of the Incheon International Airport Corporation by the Incheon International Airport Corporation under the same Act. |
| Article 22 (Use and Profit-Taking) |
| (1) | The Minister of Land, Infrastructure and Transport may allow investors or project implementers of the airport facilities or aerodrome facilities devolved upon the State under Article 21 (2) to gratuitously use or profit from such facilities or other facilities managed by the Minister of Land, Infrastructure and Transport to the extent of total project expenses invested by them as prescribed by Presidential Decree: Provided, That the Incheon International Airport Corporation Act shall apply to the use of and profit-taking, etc. from land and facilities developed or established by the Incheon International Airport Corporation with the Incheon International Airport as the project implementer under the same Act. |
| (2) | If it is especially necessary for the operation of airports or aerodrome, the Minister of Land, Infrastructure and Transport may cancel the permission to gratuitously use and to profit from airport facilities or aerodrome facilities which were so allowed under paragraph (1). In such cases, where the total fees for gratuitously using or profiting from airport facilities or aerodrome facilities devolved upon the State by investors or project implementers under paragraph (1) fail to reach the total project expenses, the Minister of Land, Infrastructure and Transport shall take necessary measures for the compensation by methods such as allowing the gratuitous use of and profit-taking from other airport facilities or aerodrome facilities, until the total fees equal the total project expenses. |
| (3) | The methods of calculating total project expenses and the period of gratuitous use and profit-taking under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 23 (Financial Support) |
| (1) | The State may fully or partially bear the expenses necessary for project implementers to perform the relevant development project within the budget or loan financial funds for the promotion of development projects. |
| (2) | Where the head of local government establishes a landing field after obtaining permission from the Minister of Land, Infrastructure and Transport under paragraph 25 (1), the State may fully or partially bear the expenses necessary for the implementation of a relevant project or loan financial funds. |
| Article 24 (Standards for Establishing Airport Facilities and Aerodrome Facilities) |
The standards for establishing airport facilities or aerodrome facilities and air navigation facilities necessary for development projects under Article 6 (1) and (2) (hereinafter referred to as "standards for establishing facilities") shall be prescribed by Presidential Decree.
| Article 25 (Landing Field) |
| (1) | The Minister of Land, Infrastructure and Transport may establish a landing field; and where a person other than the Minister of Land, Infrastructure and Transport intends to establish a landing field, he or she shall obtain permission from the Minister of Land, Infrastructure and Transport. Where the Minister of Land, Infrastructure and Transport intends to grant permission to establish a landing field, he or she shall, in advance, consult with the head of a related central administrative agency and the head of the competent Si/Gun/Gu. |
| (2) | Upon completion of construction works to establish a landing field, a person who has obtained permission to establish the landing field pursuant to paragraph (1), shall submit a report on completion of construction to the Minister of Land, Infrastructure and Transport and obtain confirmation of the completion of construction from the Minister without delay, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; and shall manage the landing field to meet the standards referred to in paragraph (3). <Amended on Dec. 26, 2017> |
| (3) | The standards necessary for establishing and managing landing fields referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| (4) | Upon receipt of an application for confirmation of the completion of construction under paragraph (2), the Minister of Land, Infrastructure and Transport shall conduct a completion inspection without delay; and shall issue a certificate of the completion of construction if the relevant construction works to establish a landing field meet the standards referred to in paragraph (3). <Newly Inserted on Dec. 26, 2017> |
| (5) | No person shall use the relevant landing field before receiving a certificate of the completion of construction under paragraph (4): Provided, That this shall not apply where permission to use the landing field is obtained from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Dec. 26, 2017> |
| (6) | The Minister of Land, Infrastructure and Transport may order a person who establishes or manages a landing field to take proper measures in any of the following cases; and in such cases, where a person in receipt of the order from the Minister of Land, Infrastructure and Transport fails to take proper measures within a reasonable period prescribed by the Minister of Land, Infrastructure and Transport, the Minister of Land, Infrastructure and Transport may cancel the relevant permission: <Amended on Dec. 26, 2017> |
| 1. | Where the person fails to begin the construction within one year from the due date for commencement of the construction stated in the written permission for the establishment of a landing field or fails to complete the construction until the due date for completion of the construction without good cause; |
| 2. | Where the person violates the conditions attached to the permission; |
| 3. | Where the standards for establishing and managing landing fields referred to in paragraph (3) are not satisfied. |
| (7) | Where an establisher of a landing field falls under any of the following, the Minister of Land, Infrastructure and Transport may cancel the permission or approval related to the implementation and management of the relevant project or may take necessary measures, such as suspending the effect thereof and issuing an order to cease the construction: Provided, That the Minster may cancel the permission or approval related to the implementation and management of the relevant project in cases falling under subparagraph 1 or 3: <Amended on Dec. 26, 2017> |
| 1. | Where the establisher obtains permission by fraud or other improper means; |
| 2. | Where a person other than the Minister of Land, Infrastructure and Transport establishes a landing field without obtaining permission under paragraph (1) or violates the permitted matters; |
| 3. | Where it is deemed impracticable to implement the establishment of a landing field continuously due to changing circumstances. |
| (8) | The Minister of Land, Infrastructure and Transport may issue an order to cease the use of a landing field in any of the following cases: <Amended on Dec. 26, 2017> |
| 1. | Where the location, structure, etc. of a landing field differ from the details stated in the establishment permission; |
| 2. | Where the landing field fails to meet the standards under paragraph (3); |
| 3. | Where the landing field is used before a certificate of the completion of construction is received, in violation of paragraph (5); or where the landing field is used without permission to use it. |
CHAPTER III MANAGEMENT AND OPERATION OF AIRPORTS AND AERODROMES
| Article 26 (Rights to Manage Airport Facilities) |
| (1) | The Minister of Land, Infrastructure and Transport may establish a right to maintain and manage airport facilities and to collect fees from persons who use or take advantage of such airport facilities (hereinafter referred to as "rights to manage airport facilities"). |
| (2) | A person granted the rights to manage airport facilities under paragraph (1) shall register such rights with the Minister of Land, Infrastructure and Transport as prescribed by Presidential Decree. The same shall apply to any modification of registered matters. |
| (3) | Rights to manage airport facilities shall be deemed real rights; and provisions regarding real estate in the Civil Act shall apply mutatis mutandis to the said rights except as otherwise provided in this Act. |
| Article 27 (Special Cases concerning Creating Mortgage Related to Rights to Manage Airport Facilities) |
| (1) | No rights to manage airport facilities on which a mortgage is created shall be disposed of without the consent of the mortgagee. |
| (2) | No mortgage may be created on the rights to manage airport facilities established in major airport facilities prescribed by Presidential Decree, such as runways, among airport facilities on which a mortgage is created under Article 26 (1). |
| Article 28 (Alteration of Rights Such as Rights to Manage Airport Facilities) |
| (1) | The limitation on the establishment, change, termination or disposal of rights to manage airport facilities or mortgages for rights to manage airport facilities shall take effect by registering the fact of the establishment, change, termination or disposal of rights to manage airport facilities or mortgages in a register of rights to manage airport facilities which is kept by the Ministry of Land, Infrastructure and Transport. |
| (2) | Matters necessary for the registration of rights, etc. to manage airport facilities under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 29 (Rights to Manage Aerodrome Facilities) |
| (1) | The Minister of Land, Infrastructure and Transport may establish a right to maintain and manage aerodrome facilities owned by the State and to collect fees from persons who use or take advantage of such aerodrome facilities (hereinafter referred to as "rights to manage aerodrome facilities"). |
| (2) | Articles 26 (2) and (3), 27 and 28 shall apply mutatis mutandis to rights to manage aerodrome facilities. In such cases, "airport facilities" shall be construed as "aerodrome facilities;" "rights to manage airport facilities" as "rights to manage aerodrome facilities;" and "register of rights to manage airport facilities" as "register of rights to manage aerodrome facilities", respectively. |
| Article 30 (Preparing and Keeping Management Register) |
| (1) | A person who manages and operates airport facilities or aerodrome facilities shall prepare and keep a management register of airport facilities or aerodrome facilities. |
| (2) | Matters necessary for preparing and keeping matters to be recorded, etc. in the management register under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 31 (Facilities Management Standards) |
| (1) | A person who manages and operates airport facilities or aerodrome facilities shall manages such facilities according to the standards regarding the management, operation and use, etc. of facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, including matters necessary for the management of security and maintenance of facilities (hereinafter referred to as "facilities management standards"). |
| (2) | The Minister of Land, Infrastructure and Transport shall conduct an inspection necessary to confirm whether airport facilities or aerodrome facilities are managed according to the facilities management standards as prescribed by Presidential Decree: Provided, That airports referred to in Article 38 (1), the safety operation system of which undergoes the inspection referred to in Article 40 (1), need not be subject to the inspection under this Article. |
| Article 31-2 (Observing Safety Management Standards) |
| (1) | To prevent accidents and to ensure safe operation of vehicles and equipment, persons who perform aviation-related affairs prescribed by Presidential Decree (hereinafter referred to as "persons performing aviation affairs"), such as maintaining or repairing airport facilities, fueling an aircraft, and unloading air cargo or baggage, shall comply with each of the following safety management standards in the restricted areas of airport facilities designated under Article 12 of the Aviation Security Act (hereinafter referred to as "restricted areas"): |
| 1. | Prior approval shall be obtained from the airport operator to drive any vehicle or to use equipment, etc.; |
| 2. | Vehicles registered with the airport operator shall be used; |
| 3. | No traffic safety-related facilities or signs established or marked in a restricted area, shall be damaged; |
| 4. | The following activities shall be prohibited when persons performing aviation affairs operate any vehicle or equipment in a restricted area: |
| (a) | Violating obligations to observe the speed limit or to keep a safe distance; |
| (b) | Overtaking a vehicle in motion; |
| (c) | Operating the vehicle or equipment across the front of an aircraft moving on the ground or under an aircraft parked: Provided, That this shall not apply where they are performing aircraft-related affairs, such as fueling an aircraft or unloading cargo; |
| 5. | No equipment, components, foreign substances, etc., that may interfere with aircraft movement shall be left on the runway, taxiway, etc.; or no dangerous goods, such as flammable materials, shall be kept or stored at a place other than the area designated by the airport operator; |
| 6. | Where any accident related to people, vehicles, or equipment occurs in a restricted area, it shall be reported immediately; |
| 7. | Smoking (excluding smoking in places designated by the airport operator), drinking alcohol, taking any hallucinogenic drug in a restricted area, or performing affairs while under the influence of alcohol or any hallucinogenic drug, shall be prohibited; |
| 8. | Any other standards prescribed by Presidential Decree to prevent accidents and to ensure safe operation of vehicles and equipment. |
| (2) | Where a person performing aviation affairs violates the safety management standards specified in paragraph (1), the Minister of Land, Infrastructure and Transport may issue an order to suspend the relevant affairs (excluding driving service) for a specified period not exceeding one year; or may issue, to the airport operator, an order to revoke his or her approval for driving service or to suspend driving service for a specified period not exceeding one year: Provided, That the Minister shall issue an order to revoke approval for driving service, if a person performing aviation affairs obtains approval under paragraph (1) 1 by fraud or other improper means or drives any vehicle while under the influence of alcohol or any hallucinogenic drug, in violation of paragraph (1) 7. |
| (3) | Matters necessary for implementing the safety management standards referred to in paragraph (1), the criteria and procedures for taking dispositions under paragraph (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Dec. 26, 2017]
| Article 32 (Collection of Fees) |
| (1) | A person who manages and operates airport facilities or aerodrome facilities may collect fees from persons who use airports, aerodromes or air navigation facilities, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where a person who wishes to receive fees under paragraph (1) intends to determine or change the amount of fees, he or she shall report the determination or change to the Minister of Land, Infrastructure and Transport: Provided, That where the head of a local government or a person other than public institutions under Article 4 of the Act on the Management of Public Institutions intends to determine or change fees, he or she shall obtain approval from the Minister of Land, Infrastructure and Transport. |
| (3) | The Minister of Land, Infrastructure and Transport shall notify the reporting person of whether the relevant report has been received, within 10 days after receipt thereof under the main sentence of paragraph (2). <Newly Inserted on Dec. 18, 2018> |
| (4) | Where the Minister of Land, Infrastructure and Transport fails to notify the reporting person of whether the relevant report has been received or of an extension of the processing period under the statutes and regulations concerning treatment of civil petitions, within the period specified in paragraph (3), the report shall be deemed received on the day following the expiry date of the period (referring to the relevant processing period if the processing period has been extended or re-extended under the statutes and regulations concerning treatment of civil petitions). <Newly Inserted on Dec. 18, 2018> |
| Article 33 (Suspension, Discontinuance, and Resumption of Operations at Airports or Aerodromes) |
| (1) | A project implementer other than the Minister of Land, Infrastructure and Transport and a person who manages and operates airport facilities or aerodrome facilities (hereinafter referred to as "project implementers, etc.") shall obtain approval of the Minister of Land, Infrastructure and Transport where he or she intends to suspend or discontinue operations at airport facilities: Provided, That this shall not apply to airport facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport such as facilities not directly related to the operation of airports. |
| (2) | Where project implementers, etc. intend to suspend or discontinue operations at aerodrome facilities, he or she shall report such plan to the Minister of Land, Infrastructure and Transport by no later than 15 days before the due date for such suspension or discontinuance: Provided, That this shall not apply to aerodrome facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as facilities not directly related to the operation of aerodromes. |
| (3) | Where project implementers, etc. intend to make sure that airport facilities or aerodrome facilities resume operations after suspension or discontinuance, he or she shall obtain approval of the Minister of Land, Infrastructure and Transport as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport shall inspect them according to the facility establishment standards and facilities management standards. |
| (4) | The Minister of Land, Infrastructure and Transport shall publicly notify matters regarding the suspension, discontinuance or resumption of operations at airport facilities or aerodrome facilities under paragraphs (1) through (3). |
| Article 34 (Restrictions on Obstacles) |
| (1) | No one shall establish, cultivate or neglect buildings or structures (excluding buildings or structures the construction of which begins for acts permitted under the relevant statues as at the time of the public notice or for acts not requiring permission), plants and other obstacles with height higher than that of the obstacle limitation surface under the relevant public notice, after the public notice of the basic plan (including the public notice of the change thereof) under Article 4 (5) or the public notice of the implementation plan (including the public notice of the change thereof) under Article 7 (6): Provided, That this shall not apply to any of the following: <Amended on Dec. 26, 2017> |
| 1. | Temporary structures which are permitted to be established or neglected by the head of the related administrative agency in consultation with the Minister of Land, Infrastructure and Transport or project implementers, etc., as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, or which are scheduled to be removed before the due date for the commencement of use of the relevant airport or aerodrome; or other obstacles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 2. | Where the Minister of Land, Infrastructure and Transport decides that the navigation safety of aircraft is not compromised as a result of aeronautic review conducted according to the standards and methods, etc. of aeronautic review prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, by the resolution of the aeronautic review committee in Article 35. |
| (2) | The Minister of Land, Infrastructure and Transport may order persons who have ownership or other rights to obstacles (including cases where plants grow and emerge above the obstacle limitation) established, cultivated or neglected in violation of paragraph (1) to remove such obstacles. |
| (3) | The Minister of Land, Infrastructure and Transport and project implementers, etc. may request persons who have ownership or other rights to obstacles with height higher than that of the obstacle limitation surface to remove such obstacles before the public notice under each subparagraph of paragraph (1). In such cases, the Minister of Land, Infrastructure and Transport and project implementers, etc. shall compensate persons who have ownership or other rights to such obstacles for the loss caused by the removal of obstacles as prescribed by Presidential Decree. |
| (4) | The owner of obstacles or land on which obstacles are established under paragraph (3) may request the purchase of such obstacles or land from the Minister of Land, Infrastructure and Transport or the relevant project implementers, etc., as prescribed by Presidential Decree, where it became difficult to use or profit from such obstacles or land due to the removal of such obstacles. |
| (5) | Although it is impracticable to remove such obstacles as the consultation among the relevant parties failed to take place on the compensation for loss under the latter part of paragraph (3), the Minister of Land, Infrastructure and Transport may order the persons who have ownership or other rights to remove such obstacles as may be deemed necessary by him or her to ensure a smooth management and operation of the relevant airports or aerodromes. |
| (6) | Where the persons who were ordered to remove obstacles under paragraphs (2) and (5) fails to comply with such order, the Minister of Land, Infrastructure and Transport may remove such obstacles as prescribed by the Administrative Vicarious Execution Act. |
| (7) | In cases of removing obstacles under paragraph (5), the Minister of Land, Infrastructure and Transport, project implementers, etc., he or she shall compensate persons who have ownership or other rights to obstacles for the loss caused by the removal of such obstacles. In such cases, the amount of compensation for loss shall be determined upon consultation among the relevant parties; and where the consultation failed to take place or it is impracticable to have a consultation, he or she may seek a ruling by a competent land expropriation committee under Article 51 of the Act on Acquisition of and Compensation for Land for Public Works Projects as prescribed by Presidential Decree. |
| (8) | Project implementers, etc. shall manage obstacles as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as conducting regular survey on the status of obstacles in order to ensure the safe navigation of aircraft. |
| (9) | A person who intends to receive a decision of the Minister of Land, Infrastructure and Transport under paragraph (1) 2 shall undergo an aeronautic review by applying to a specialized agency for it and submit the report on the result of such review according to the procedure prescribed by the Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the expenses incurred in the aeronautic review shall be borne by the person who applies for the aeronautic review. |
| Article 35 (Aeronautic Review Committee) |
| (1) | In order to deliberate and decide on matters regarding aeronautic review, an aeronautic review committee shall be established (hereafter in this Article referred to as the "committee") in the Ministry of Land, Infrastructure and Transport. |
| (2) | Where the committee deliberates or decides on matters regarding aeronautic review, it shall comply with the standards and methods adopted by the Convention on International Civil Aviation and the annex to the same convention. |
| (3) | The committee shall consist of not more than 10 members, including one chairperson; and at least a majority of members shall be the relevant external experts. |
| (4) | If necessary, the committee shall request the head of an administrative agency, the head of a public institution under Article 4 of the Act on the Management of Public Institutions, and heads of other relevant agencies and organizations for cooperation in providing data, etc. In such cases, the head of the relevant agency or organization shall comply with such request in the absence of good cause to the contrary. |
| (6) | Other matters necessary for the organization, operation, etc. of the committee shall be prescribed by Presidential Decree. |
| Article 36 (Installation of Aviation Lights) |
| (1) | The Minister of Land, Infrastructure and Transport or project implementers, etc. shall install aviation lights (hereinafter referred to as "lights") and aviation day beacons (hereinafter referred to as "beacons"), which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in structures in the area projected vertically from the obstacle limitation surface to the ground, which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, according to the location, method, etc. for installing such lights and beacons: Provided, That in cases of structures established after the public notice of the basic plan or the public notice of the change thereof under Article 4 (5) or the public notice of the implementation plan or the public notice of the change thereof under Article 7 (6), the owner of such structures shall install lights and beacons. <Amended on Aug. 9, 2017> |
| (2) | A person who establishes a structure with a height not shorter than 60 meters from the land surface or water surface in an area outside the obstacle limitation surface, shall install lights and beacons according to the location, method, etc. for installing lights and beacons under paragraph (1): Provided, That this shall not apply to structures prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as structures whose height is the same as or lower than that of a structure where a light is installed. <Amended on Aug. 9, 2017> |
| (3) | Where it is likely that a structure other than those specified in paragraphs (1) and (2) interferes with the navigation safety considerably, the Minister of Land, Infrastructure and Transport shall install lights and beacons in such structure, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | No owner or occupant of the structures in paragraphs (1) and (3) shall reject the installation of lights and beacons by the Minister of Land, Infrastructure and Transport or project implementers, etc. In such cases, where the installation of lights and beacons under the main sentence of paragraph (1) or (3) causes financial loss to the owner or occupant of the relevant structure, the Minister of Land, Infrastructure and Transport or project implementers, etc. shall compensate for such loss, as prescribed by Presidential Decree. |
| (5) | Where a person other than the Minister of Land, Infrastructure and Transport intends to install lights or beacons pursuant to paragraph (1) or (2), he or she shall, in advance, consult with the Minister on such installation, and shall report to the Minister thereon within 15 days from the date the relevant facilities are installed, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Aug. 9, 2017> |
| (6) | Where a person who owns or manages a structure where lights or beacons are installed under paragraphs (1) through (3) intends to remove or change any lights or beacons installed in such structure, he or she shall, in advance, consult with the Minister of Land, Infrastructure and Transport on such removal or change, and shall report to the Minister thereon within 15 days from the date the relevant facilities are removed or changed, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Aug. 9, 2017> |
| (7) | A person who owns or manages a structure where lights or beacons are installed under paragraphs (1) through (3) shall maintain such lights and beacons, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Aug. 9, 2017> |
| (8) | Where any relevant person fails to install lights or beacons notwithstanding paragraph (1) or (2), the Minister of Land, Infrastructure and Transport may issue an order to install the relevant facilities to such person within a specified period. <Newly Inserted on Aug. 9, 2017> |
| (9) | The Minister of Land, Infrastructure and Transport shall inspect the maintenance status under paragraph (7) regularly or frequently; and where he or she finds flaws as a result of the inspection, such as lighting defect and failure to comply with the facility standards, he or she may order a correction thereof. <Amended on Aug. 9, 2017> |
| (10) | A person in receipt of a corrective order under paragraph (8) or (9) shall comply with the order within a period determined by the Minister of Land, Infrastructure and Transport; and where the person has complied with the order, he or she shall report such fact to the Minster of Land, Infrastructure and Transport without delay. <Newly Inserted on Aug. 9, 2017> |
| (11) | Upon receipt of a report under paragraph (10), the Minster of Land, Infrastructure and Transport shall verify, without delay, the status of compliance, etc. with a corrective order issued under paragraph (8) or (9). <Newly Inserted on Aug. 9, 2017> |
| (12) | The Minister of Land, Infrastructure and Transport may fully or partially commission the authority of inspection or order to correction under paragraph (9) to the relevant specialized agency such as public institutions under the Act on the Management of Public Institutions. <Amended on Aug. 9, 2017> |
| (13) | Types, performance, etc. of lights installed pursuant to paragraphs (1) through (3), shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Aug. 9, 2017> |
| Article 37 (Limit on Lighting Similar to Aviation Lighting) |
| (1) | No one shall install a lighting which hinders the recognition of aviation lighting or which is likely to be misrecognized as an aviation lighting (hereinafter referred to as "similar light"). |
| (2) | Where a similar lighting is already installed at the time of the installation of aviation light, the Minister of Land, Infrastructure and Transport may order the owner or manager of the similar lighting to cover such similar lighting or turn it off to ensure that it does not hinder the recognition of aviation lighting or that it is not likely to be misrecognized as an aviation lighting. In such cases, the expenses necessary for such measure shall be borne by the installer of such aviation lighting. |
| Article 38 (Certification of Airport Operation) |
| (1) | An airport operator who intends to operate an airport prescribed by Presidential Decree, such as an airport at which international airlines are operating, shall prepare a system to operate an airport safely and obtain certification from the Minister of Land, Infrastructure and Transport (hereinafter referred to as "airport operation certification") as prescribed by the Minister of Land, Infrastructure and Transport. |
| (2) | Where the Minister of Land, Infrastructure and Transport grants the airport operation certification, he or she may grant the certification by setting different levels of airport operation certification as prescribed by Presidential Decree, based on the purpose of using airports, the number of operation of aircraft, etc. |
| (3) | Where a person who was granted the airport operation certification intends to change the details of airport operation certification, such as the level of airport operation certification of the relevant airport, he or she shall obtain authorization to change airport operation certification from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | The Minister of Land, Infrastructure and Transport shall determine and publicly notify the technology standards regarding the manpower, facilities, equipment, operation procedures, etc. necessary for the safe operation system of airports (hereinafter referred to as "standards of safe operation of airports"). |
| Article 39 (Airport Operation Regulations) |
| (1) | An airport operator who intends to obtain the airport operation certification shall establish operation regulations (hereinafter referred to as "airport operation regulations") for the airport which he or she intends to operate according to the standards for the safe operation of airports and obtain authorization of the Minister of Land, Infrastructure and Transport; and this shall also apply to change of them. |
| (2) | Notwithstanding paragraph (1), where an airport operator intends to change minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport such as detailed operation regulations of the airport operator, he or she shall report such change to the Minister of Land, Infrastructure and Transport. |
| (3) | Where the airport operation regulations are changed or the Minister of Land, Infrastructure and Transport orders to change the airport operation regulations for the safety of the airport or prevention of danger, etc., an airport operator who obtains the airport operation certification shall change the airport operation regulations as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | The Minister of Land, Infrastructure and Transport shall notify the applicant of whether to grant authorization, within 20 days after receipt of an application for authorization under paragraph (1). <Newly Inserted on Dec. 18, 2018> |
| Article 40 (Inspection of Airport Operation) |
| (1) | An airport operator who obtains the airport operation certification shall maintain a safe operation system of airports according to the standards for the safe operation of airports and the airport operation regulations; and the Minister of Land, Infrastructure and Transport shall inspect the observance of them regularly or frequently. |
| (2) | Where an airport operator operates the airport in violation of the standards for the safe operation of airports and the airport operation regulations as a result of the inspection under paragraph (1), he or she may order the corrective measures as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 41 (Cancellation of Airport Operation Certification) |
| (1) | Where an airport operator who obtains the airport operation certification falls under any of the following, the Minister of Land, Infrastructure and Transport may cancel the airport operation certification or order the suspension of the airport operation or other necessary complementary measures for a prescribed period not exceeding six months: Provided, That he or she shall cancel the airport operation certification in cases falling under subparagraph 1: |
| 1. | Where an airport operator obtains the airport operation certification by fraud or other improper means; |
| (a) | Where he or she fails to prepare an aviation safety management system before starting business; |
| (b) | Where he or she operates an aviation safety management system without approval; |
| (c) | Where he or she operates an aviation safety management system in a manner different from the details approved; |
| (d) | Where he or she changes major matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as a safety goal, safety organization and a safety obstruction reporting system, without approval; |
| 3. | Where an airport operator fails to implement the corrective measures referred to in Article 40 (2); |
| 4. | Where an airport operator violated the standards for the safe operation of airports without good cause, such as natural disasters, and thus compromised airport safety; |
| 5. | Where aircraft accidents are caused either by intention or gross negligence, or where aircraft accidents are caused by airport workers being negligent in exercising their due diligence in managing and supervising airport employees. |
| (2) | Matters necessary for the standards, procedures, etc. of the disposition under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 42 (Succession to Positions of Project Implementers) |
| (1) | Any person who intends to succeed to the position of an implementer of aerodrome development project (including a person who manages and operates aerodrome facilities), other than the Minister of Land, Infrastructure and Transport, shall report the succession to the position to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Dec. 18, 2018> |
| (2) | The Minister of Land, Infrastructure and Transport shall notify the reporting person of whether the relevant report has been received, within 15 days after receipt thereof under paragraph (1). <Newly Inserted on Dec. 18, 2018> |
| (3) | Where the Minister of Land, Infrastructure and Transport fails to notify the reporting person of whether the relevant report has been received or of an extension of the processing period under the statutes and regulations concerning treatment of civil petitions, within the period specified in paragraph (2), the report shall be deemed received on the day following the expiry date of the period (referring to the relevant processing period if the processing period has been extended or re-extended under the statutes and regulations concerning treatment of civil petitions). <Newly Inserted on Dec. 18, 2018> |
CHAPTER IV AIR NAVIGATION FACILITIES
| Article 43 (Establishment of Air Navigation Facilities) |
| (1) | Air navigation facilities (referring to air navigation facilities other than those established under the development project referred to in Article 6; hereafter the same shall apply in this Article through Article 46) shall be established by the Minister of Land, Infrastructure and Transport. |
| (2) | Any person who intends to establish navigation facilities other than the Minister of Land, Infrastructure and Transport shall obtain permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, where the Minister of Land, Infrastructure and Transport grants permission to establish air navigation facilities, he or she may add the condition of reverting relevant facilities to the State or the condition necessary for the establishment, operation, etc., of such facilities. |
| (3) | The Minister of Land, Infrastructure and Transport shall notify the applicant of whether to grant permission, within 15 days after receipt of an application for permission under the former part of paragraph (2). <Newly Inserted on Dec. 18, 2018> |
| (4) | Article 22 shall apply mutatis mutandis to the use of and profit-taking from the air navigation facilities reverted to the State under paragraph (2). <Amended on Dec. 18, 2018> |
| (5) | Matters necessary for the establishment of air navigation facilities such as the standards for establishing air navigation facilities, standards for permission, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Dec. 18, 2018> |
| Article 44 (Establishment of and Approval for Implementation Plans of Establishing Air Navigation Facilities) |
| (1) | Any person who intends to establish air navigation facilities under Article 43 (1) and (2) (hereinafter referred to as "establisher of air navigation facilities") shall formulate an implementation plan before he or she begins to establish air navigation facilities as prescribed by Presidential Decree. |
| (2) | The implementation plan referred to in paragraph (1) shall include the following: |
| 1. | Design documents necessary for implementing projects; |
| 3. | Period of implementation; |
| 4. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Where an establisher of air navigation facilities referred to in Article 43 (2) formulates the implementation plan, he or she shall obtain approval form the Minister of Land, Infrastructure and Transport. The same shall apply to change of the approved matters. |
| (4) | Notwithstanding the latter part of paragraph (3), an establisher of air navigation facilities referred to in Article 43 (2) may report the change of minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, including a change of facilities which does not accompany the change of structure and also does not affect safety, at the same time when he or she applies for inspection of completion under Article 45. |
| (5) | Where the Minister of Land, Infrastructure and Transport formulates an implementation plan under paragraph (1) or approves an implementation plan under paragraph (3), he or she shall public notify the matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as the name, type and location of such air navigation facilities. |
| Article 45 (Inspection of Completion of Air Navigation Facilities) |
| (1) | An establisher of air navigation facilities in Article 43 (2), where the construction of the relevant facilities is completed, shall undergo the inspection of completion by the Minister of Land, Infrastructure and Transport before commencing the use thereof, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | An establisher of air navigation facilities in Article 43 (2) shall undergo the flight inspection referred to in Article 48 before the application for the inspection of completion is filed under paragraph (1). |
| (3) | Where the Minister of Land, Infrastructure and Transport deems that the air navigation facilities which are to undergo the inspection of completion under paragraph (1) were implemented according to the details of approval under Article 44 (3), he or she shall issue the certificate of inspection of completion to the applicant. |
| (4) | Where the construction of the establishment air navigation facilities is completed or the Minister of Land, Infrastructure and Transport issues the certificate of the inspection of completion under paragraph (3), he or she shall designate and publicly notify the matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as the name, type, location and the due date for commencement of use of air navigation facilities, operation time and operation frequency and limitations in using air navigation facilities. |
| (5) | No air navigation facilities established after obtaining approval for the establishment of air navigation facilities shall be used before issuance of the certificate of completion inspection under paragraph (3): Provided, That this shall not apply to obtaining the approval of use from the Minister of Land, Infrastructure and Transport before the certificate of inspection is issued, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 46 (Change of Air Navigation Facilities) |
| (1) | Where an establisher of air navigation facilities in Article 43 (2) and a person who manages and operates such facilities intends to change the matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport for the relevant facilities, 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) | The Minister of Land, Infrastructure and Transport shall notify the applicant of whether to grant permission, within 15 days after receipt of an application for permission for change under paragraph (1). <Newly Inserted on Dec. 18, 2018> |
| (3) | A person who obtains permission for change under paragraph (1) shall undergo the inspection of completion under Article 45 (1) upon completion of the change of air navigation facilities. In such cases, Article 45 (2) through (4) shall apply mutatis mutandis. <Amended on Dec. 18, 2018> |
| Article 47 (Management of Air Navigation Facilities) |
| (1) | A person who establishes air navigation facilities as part of the development project referred to in Article 6, a person who manages such facilities, a person who establishes air navigation facilities referred to in Article 43 (1) and (2), and a person who manages such facilities (hereinafter referred to as "establisher, etc. of air navigation facilities") shall manage such facilities according to the standards for the management, operation and use of air navigation facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as "management standards for air navigation facilities"). |
| (2) | The Minister of Land, Infrastructure and Transport shall conduct the inspection necessary to confirm whether air navigation facilities are managed according to the management standards for air navigation facilities as prescribed by Ordinance of Presidential Decree. |
| (3) | The methods, procedures, etc. of inspection under paragraph (2) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| (4) | Except as otherwise provided in this Act, matters necessary for the management, operation, use, etc. air navigation facilities shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 48 (Flight Inspection of Air Navigation Facilities) |
| (1) | An establisher, etc. of air navigation facilities shall undergo the inspection of functions, etc. of air navigation facilities conducted by using aircraft loaded with equipment which can analyze the function of air navigation facilities by the Minister of Land, Infrastructure and Transport (hereinafter referred to as "flight inspection"). |
| (2) | Matters necessary for the types of, facilities subject to, procedures and methods, etc. of flight inspection shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 49 (Suspension, Discontinuance, or Resumption of Operations at Air Navigation Facilities) |
| (1) | Where an establisher, etc. of air navigation facilities other than the Minister of Land, Infrastructure and Transport intends to suspend or discontinue operations at air navigation facilities, he or she shall obtain an approval of the Minister of Land, Infrastructure and Transport: Provided, That this shall not apply to the facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport such as facilities not affecting the navigation or flight safety. |
| (2) | Where an establisher, etc. of air navigation facilities other than the Minister of Land, Infrastructure and Transport intends to resume operations at air navigation facilities after suspension or discontinuance, he or she shall obtain approval of the Minister of Land, Infrastructure and Transport by no later than 15 days before the due date for resumption after passing the flight inspection. In such cases, the Minister of Land, Infrastructure and Transport shall inspect the facilities according to the management standards for air navigation facilities. |
| (3) | The Minister of Land, Infrastructure and Transport shall publicly notify matters regarding the suspension, discontinuance or resumption of operations at air navigation facilities referred to in paragraphs (1) and (2). |
| Article 50 (Fees for Air Navigation Facilities) |
| (1) | An establisher, etc. of air navigation facilities may collect fees (hereinafter referred to as "fees for air navigation facilities") from persons who use or take advantage of air navigation facilities as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where an establisher, etc. of air navigation facilities other than the Minister of Land, Infrastructure and Transport intends to collect fees for air navigation facilities under paragraph (1), he or she shall determine the amount of the fees and report said amount to the Minister of Land, Infrastructure and Transport. The same shall apply to where he or she changes the fees for air navigation facilities. |
| (3) | The Minister of Land, Infrastructure and Transport shall notify the reporting person of whether the relevant report has been received, within 10 days after receipt thereof under paragraph (2). <Newly Inserted on Dec. 18, 2018> |
| (4) | Where the Minister of Land, Infrastructure and Transport fails to notify the reporting person of whether the relevant report has been received or of an extension of the processing period under the statutes and regulations concerning treatment of civil petitions, within the period specified in paragraph (3), the report shall be deemed received on the day following the expiry date of the period (referring to the relevant processing period if the processing period has been extended or re-extended under the statutes and regulations concerning treatment of civil petitions). <Newly Inserted on Dec. 18, 2018> |
| (5) | The collection procedures, collection methods, collection rate, etc. of fees for air navigation facilities shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Dec. 18, 2018> |
| Article 51 (Succession to Positions of Establisher of Air Navigation Facilities) |
| (1) | Any person who intends to succeed to the position of an establisher, etc. of air navigation facilities, other than the Minister of Land, Infrastructure and Transport, shall report the succession to the position to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Dec. 18, 2018> |
| (2) | The Minister of Land, Infrastructure and Transport shall notify the reporting person of whether the relevant report has been received, within 15 days after receipt thereof under paragraph (1). <Newly Inserted on Dec. 18, 2018> |
| (3) | Where the Minister of Land, Infrastructure and Transport fails to notify the reporting person of whether the relevant report has been received or of an extension of the processing period under the statutes and regulations concerning treatment of civil petitions, within the period specified in paragraph (2), the report shall be deemed received on the day following the expiry date of the period (referring to the relevant processing period if the processing period has been extended or re-extended under the statutes and regulations concerning treatment of civil petitions). <Newly Inserted on Dec. 18, 2018> |
| Article 52 (Certification of Performance Suitability of Air Navigation Facilities) |
| (1) | A person who manufactures or imports radio navigation aids or air information and communication facilities may obtain certification from the Minister of Land, Infrastructure and Transport which verifies that such facilities are manufactured to meet technology standards on air navigation facilities determined and publicly notified by the Minister of Land, Infrastructure and Transport (hereinafter referred to as "performance suitability certification"). |
| (2) | Where the Minister of Land, Infrastructure and Transport conducts an inspection for the performance suitability certification, he or she may designate a specialized inspection agency to conduct the affairs regarding aviation; and may allow such agency to conduct the inspection affairs by proxy as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 53 (Affairs of Air Communication) |
| (1) | The Minister of Land, Infrastructure and Transport shall conduct the affairs regarding air communication (hereinafter referred to as "air communication affairs") to ensure that air traffic affairs are implemented efficiently and the information and data necessary for navigation safety is provided, exchanged and managed conveniently and swiftly through air communication network. |
| (2) | Matters necessary for the type and operation procedures, etc. of air communication affairs shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 54 (Provisions Applicable Mutatis Mutandis to Establishment of Air Navigation Facilities) |
| (1) | Articles 43 (5), 44 (5), 45 and 46 shall apply mutatis mutandis to air navigation facilities established by the development project under Article 6. In such cases, "establishers of air navigation facilities" shall be construed as "project implementers". <Amended on Dec. 18, 2018> |
| (2) | Articles 8 and 11 through 13 shall apply mutatis mutandis to the establishment of air navigation facilities under Article 43. In such cases, "implementation plan under Article 7" shall be construed as "implementation plan under Article 44"; and "project implementers" as "establishers of air navigation facilities". |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 55 (Access and Inspection) |
| (1) | If necessary for the implementation of this Act, the Minister of Land, Infrastructure and Transport may require project implementers, etc., or establishers of air navigation facilities to file the necessary report or submit materials regarding the relevant affairs; and may require that public officials affiliated therewith access offices or other places to inspect the relevant affairs. |
| (2) | Public officials conducting an inspection under paragraph (1) shall carry a document indicating his or her authority for the inspection and present it to interested parties. |
| (3) | Matters necessary for the certificate under paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 56 (Prohibited Acts) |
| (1) | No one shall access the area where landing zones, taxiways, aprons, hangers or air navigation facilities are established without permission from the Minister of Land, Infrastructure and Transport, project implementers, etc., or establishers of air navigation facilities. |
| (2) | No one shall destroy runways, taxiways or other airport facilities, aerodrome facilities or air navigation facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, or conduct acts which are likely to interfere with their functions. |
| (3) | No one shall throw any object at an aircraft, light sport aircraft, or ultra-light vehicle or conduct any other act which may endanger navigation: Provided, That where an ultra-light vehicle accesses or intrudes an airport or aerodrome without approval for flight under Article 127 of the Aviation Safety Act (including intending to fly within the restricted airspace specified in the proviso of paragraph (2) of the same Article), any of the following persons may take measures necessary for aviation safety, such as repelling, crashing, or capturing the relevant vehicle: <Amended on Dec. 8, 2020> |
| 1. | The State or a local government; |
| 3. | A person who manages and operates aerodrome facilities. |
| (4) | No one shall establish or operate facilities with functions similar to those of air navigation facilities for the purpose of supporting navigation of aircraft. |
| (5) | In order to prevent collision between aircraft and birds, no one shall create the environment or establish facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as a disposal center which has a possibility of attracting birds to nearby airports, within the scope prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as areas near airports or aerodromes in the direction of taking off or landing by aircraft. |
| (6) | No one shall conduct any of the following acts without permission of the Minister of Land, Infrastructure and Transport, project implementers, etc., establishers, etc. of air navigation facilities, or persons who establish or manage a landing field, in the relevant facilities: |
| 2. | Occupying facilities illegally; |
| 3. | Forcing purchase of goods or services or inviting guests for a business purpose; |
| 4. | Other acts prescribed by Presidential Decree, which are similar to acts under subparagraphs 1 through 3 and disrupt the use or operation of the relevant facilities significantly. |
| (7) | The Minister of Land, Infrastructure and Transport, project implementers, etc., establishers, etc. of air navigation facilities, persons who establish or manage a landing field, police officials (including auxiliary police officers), or autonomous police officials may order the restraint of acts by persons who violate paragraph (6) or the eviction of them. <Amended on Dec. 26, 2017; Dec. 22, 2020> |
| Article 57 (Corrective Orders) |
In any of the following cases, the Minister of Land, Infrastructure and Transport may order project implementers, etc. or establishers, etc. of air navigation facilities other than the Minister of Land, Infrastructure and Transport to take proper measures or to manage the relevant facilities according to the facilities management standards or standards of air navigation facilities. In such cases, where a person who was ordered to take action fails to take proper measures within a reasonable period prescribed by the Minister of Land, Infrastructure and Transport, the Minister of Land, Infrastructure and Transport may cancel the relevant permission:
| 1. | Where the person fails to begin the construction within one year from the due date for commencement of the construction stated in the application for the approval of implementation plan or fails to complete the construction by the due date for completion of the construction without good cause; |
| 2. | Where the facilities, the construction of which is completed deviate from the details of the approval of the implementation plan as revealed during the confirmation of the completion of the construction under Article 20 (1) or the inspection of the completion under Article 45 (1); |
| 3. | Where airport facilities, aerodrome facilities, or air navigation facilities are not managed according to the facilities management standards or standards of air navigation facilities; |
| 4. | Where the person violates the conditions attached to the permission. |
| Article 58 (Cancellation of Permission) |
| (1) | Where project implementers or establishers of air navigation facilities fall under any of the following, the Minister of Land, Infrastructure and Transport may cancel the permission or approval regarding the implementation and management of the relevant project or take necessary measures such as an order to suspend the effect thereof or to cease the construction: Provided, That he or she shall cancel the permission or approval regarding the implementation and management of such project in cases of subparagraph 1 or 4: |
| 1. | Where project implementers or establishers of air navigation facilities obtain permission by fraud or other improper means; |
| 2. | Where project implementers or establishers of air navigation facilities other than the Minister of Land, Infrastructure and Transport formulate the implementation plan without approval or changes the approved matters, in violation of Article 7 (3) or 44 (3); |
| 3. | Where project implementers or establishers of air navigation facilities violate the implementation plan which obtained the approval or approval for change under Article 7 (3) or 44 (3); |
| 4. | Where it is deemed impracticable to implement the development project or the establishment of air navigation facilities due to change of circumstances. |
| (2) | Where the Minister of Land, Infrastructure and Transport issues the disposition or an order under paragraph (1), he or she shall publicly notify such fact as prescribed by Presidential Decree. |
| (3) | The detailed standards of the disposition under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 59 (Imposition of Penalty Surcharges) |
| (1) | Where the Minister of Land, Infrastructure and Transport shall issue an order to suspend the airport operation to airport operators, project implementers or establishers of air navigation facilities in any of subparagraphs of Article 41 (1), to suspend the effect of the permission or approval of the implementation and management of projects or suspension of construction under Article 58 and if it is likely that such disposition may cause serious inconvenience to users of the relevant facilities or that other public interests are violated, he or she may impose and collect penalty surcharges of not more than 1 billion won. |
| (2) | Matters necessary for the types of violation for which penalty surcharges are imposed under paragraph (1) and the amount of such penalty surcharges according to the degree of violation shall be prescribed by Presidential Decree. |
| (3) | Where a person slapped with penalty surcharges under paragraph (1) fails to pay the penalty surcharges by the payment due date, the Minister of Land, Infrastructure and Transport shall collect the amount in the same manner as delinquent national taxes are collected. |
| (1) | Any person who intends to obtain permission, certificate or to undergo an inspection under this Act shall pay fees prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where a field trip is necessary for permission, certificate or inspection under this Act, traveling expenses for such trip shall be paid by the applicant. In such cases, the standards of traveling expenses shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 61 (Delegation of Authority) |
The Minister of Land, Infrastructure and Transport may delegate part of his or her authority under this Act to the head of the agency belonging to the Ministry of Land, Infrastructure and Transport, Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
The Minister of Land, Infrastructure and Transport shall hold a hearing before taking any of the following dispositions: <Amended on Dec. 26, 2017>
| 1. | Cancellation of the permission referred to in Article 25 (6) or 57; |
| 2. | Cancellation of the permission or approval referred to in Article 25 (7) or 58 (1); |
| 3. | Cancellation of the airport operation certificate or suspension of the operation of airport referred to in Article 41 (1). |
| Article 63 (Re-Examination of Regulation) |
The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the matters regarding the limit on the establishment of similar lighting under Article 37 (1) every third years, counting from January 1, 2016 (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as canceling, relaxing or maintaining such lighting, etc.
CHAPTER VI PENALTY PROVISIONS
| Article 64 (Crimes regarding Airport Operation Certificate) |
A person who operates an airport without obtaining the airport operation certificate in violation of Article 38 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won.
| Article 65 (Crimes of Illegal Use of Facilities Resulting from Development Projects) |
Any of following persons shall be punished by a fine not exceeding 20 million won:
| 1. | A person who establishes facilities without obtaining permission in violation of Article 6 (2) or 43 (2); |
| 2. | A person who uses facilities in violation of Articles 20 (7) or 45 (5) (including the cases as applicable mutatis mutandis under Article 54 (1)); |
| 4. | A person who violates Article 56 (1) through (4); |
| 5. | A person who uses facilities for which the permission was canceled under Article 57. |
| Article 66 (Crimes of Violation of Order) |
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: <Amended on Dec. 26, 2017>
| 1. | A person who conducts acts such as the construction of buildings without obtaining permission or permission of change for matters which require permission or permission of change under Article 10 (1) or who obtains permission by fraud or other improper means; |
| 2. | A person who interferes with or refuses the acts referred to in Article 11 (1) (including the cases as applicable mutatis mutandis under Article 54 (2)) without good cause; |
| 3. | A person who violates the order referred to in Article 25 (8); |
| 4. | A person who violates the order or disposition of the Minister of Land, Infrastructure and Transport under Articles 57 and 58 (1) without good cause. |
| Article 67 (Crimes of Business Interference) |
Any of the following persons shall be punished by a fine not exceeding 5 million won:
| 1. | A person who refuses, interferes with or avoids the inspection under Articles 31 (2), 40 (1), 47 (2) and 48 (1); |
| 2. | A person who refuses or interferes with the inspection or access under Article 55 (1) or one who makes a false report on the inspection and a person who evades it. |
| Article 67-2 (Crimes of Non-Compliance with Order for Restraint or Eviction) |
A person who fails to comply with an order issued under Article 56 (7), shall be punished by a fine not exceeding 200 thousand won, by misdemeanor imprisonment, or by a minor fine. [This Article Newly Inserted on Feb. 21, 2018]
| Article 68 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violations described in Articles 65 through 67 and 67-2 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violators accordingly, be punished by a fine prescribed in the relevant Article: Provided, That such punishment shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation. <Amended on Apr. 4, 2018>
| Article 69 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 5 million won: <Amended on Aug. 9, 2017; Aug. 26, 2017> |
| 1. | A person who uses a landing field before receiving a certificate of the completion of construction, or uses a landing field without obtaining permission to use it, in violation of Article 25 (5); |
| 2. | A person who fails to report or obtain an approval of fees under Article 32 (2) or 50 (2) or who receives fees different from the fees reported or approved; |
| 3. | A person who fails to install or manage lights and beacons under Article 36 (1), (2) and (7); |
| 4. | An airport operator who changes airport operation regulations without obtaining permission, in violation of Article 39 (1); |
| 5. | An airport operator who fails to change airport operation regulations, in violation of Article 39 (3); |
| 6. | An airport operator who fails to maintain the safe operation system of airport continuously according to the standards of safe operation of airports and airport operation regulations, in violation of Article 40 (1); |
| 7. | Deleted. <Feb. 21, 2018> |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding 2 million won: <Amended on Aug. 9, 2017> |
| 1. | A person who fails to report on the installation, change, or removal of lights or beacons, in violation of Article 36 (5) or (6); |
| 2. | A person who violates an order issued under Article 37 (2); |
| 3. | An airport operator who changes airport operation regulations without reporting, in violation of Article 39 (2). |
| (3) | An administrative fine specified in paragraph (1) or (2) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. |
| Article 70 (Enforcement Fines) |
| (1) | Where a person in receipt of a corrective order under Article 36 (8) or (9) fails to perform the order within a specified period, the Minister of Land, Infrastructure and Transport shall impose on such person an enforcement fine according to the following classifications: |
| 1. | Where the person violates Article 36 (8): Not more than 10 million won; |
| 2. | Where the person violates Article 36 (9): Not more than 5 million won. |
| (2) | Before imposing an enforcement fine under paragraph (1), the Minister of Land, Infrastructure and Transport shall notify the relevant person of the imposition and collection thereof in writing. |
| (3) | Where the Minister of Land, Infrastructure and Transport imposes an enforcement fine pursuant to paragraph (1), he or she shall do so in writing expressly specifying the amount of the enforcement fine, grounds for imposing it, payment deadline, receiving agency, method for filing an objection, agency with which an objection is filed, etc. |
| (4) | The Minister of Land, Infrastructure and Transport may repeatedly impose and collect an enforcement fine under paragraph (1) until the relevant corrective order is performed, annually from the date the initial corrective order is issued under Article 36 (8) or (9). |
| (5) | Where a person in receipt of a corrective order complies with the order, the Minister of Land, Infrastructure and Transport shall suspend the imposition of a new enforcement fine, but shall collect any enforcement fines already imposed. |
| (6) | Where a person subjected to the imposition of an enforcement fine pursuant to paragraph (3) fails to pay the enforcement fine by the payment deadline, the Minister of Land, Infrastructure and Transport shall collect it in the same manner as delinquent national taxes are collected. |
| (7) | The procedures for imposing and collecting enforcement fines shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Aug. 9, 2017]
CHAPTER VII SPECIAL CASES CONCERNING TREATMENT OF OFFENSES
| Article 71 (Common Provisions) |
| (1) | "Offense" in this Chapter means a violation referred to in Article 67-2, and the specific scope thereof shall be prescribed by Presidential Decree. |
| (2) | "Offender" in this Chapter means a person who commits an offense, except for the following persons: |
| 1. | A person who commits a violation on at least three occasions within one year from the date he or she commits an offense; |
| 2. | Any other person for whom it is deemed inappropriate to take a disposition of notification in view of the motive, means, consequence, etc. of the relevant crime. |
| (3) | "Penalty" in this Chapter means money an offender must pay to the National Treasury or to the treasury of Jeju Special Self-Governing Province according to notification given under Article 72. |
[This Article Newly Inserted on Feb. 21, 2018]
| Article 72 (Dispositions of Notification) |
| (1) | The chief of a police station or the Jeju Special Self-Governing Province Governor may notify a person recognized as an offender, of payment of a penalty, using a notice of payment of the penalty expressly specifying the grounds therefor: Provided, That this shall not apply to the following persons: |
| 1. | A person whose name or address is unclear; |
| 2. | A person who refuses to receive a notice of payment of a penalty. |
| (2) | The amount of a penalty to be notified under paragraph (1) shall be determined by Presidential Decree within the limit of a penalty prescribed by this Act regarding the relevant violation, in consideration of the category and degree of the relevant offense. |
| (3) | Where the Jeju Special Self-Governing Province Governor has given notification pursuant to paragraph (1), he or she shall notify the chief of the competent police station of such fact. |
[This Article Newly Inserted on Feb. 21, 2018]
| Article 73 (Payment of Penalties) |
| (1) | A person in receipt of a notice of payment of a penalty under Article 72 shall pay the penalty to the receiving agency designated by the chief of the competent police station or the Jeju Special Self-Governing Province Governor, within 10 days after receipt of such notice: Provided, That where the person is unable to pay the penalty within such period due to a natural disaster or any other unavoidable cause, he or she shall pay the penalty within five days from the date such unavoidable cause ceases to exist. |
| (2) | A person who fails to pay a penalty by the payment deadline specified in paragraph (1), shall pay the penalty notified plus an amount equivalent to 20/100 of such penalty within 20 days from the day after expiration of the payment deadline. |
| (3) | A person dissatisfied with a notice of payment of a penalty given under paragraph (1), may file an objection with the chief of the competent police station within the payment deadline. |
| (4) | No person who has paid a penalty pursuant to paragraph (1) or (2) shall be re-punished for the same offense. |
[This Article Newly Inserted on Feb. 21, 2018]
| Article 74 (Treatment of Persons Failing to Comply with Dispositions of Notification) |
| (1) | The chief of a police station or the Jeju Special Self-Governing Province Governor shall request a summary trial without delay, for any of the following persons: Provided, That this shall not apply to those who have paid the penalty notified plus an amount equivalent to 50/100 of such penalty before a summary trial is requested: |
| 1. | A person specified in any subparagraph of Article 72 (1); |
| 2. | A person who fails to pay a penalty by the payment deadline specified in Article 73 (2); |
| 3. | A person who files an objection pursuant to Article 73 (3). |
| (2) | Where a defendant with respect to whom a summary trial has been requested pursuant to paragraph (1) 2 pays the penalty notified plus an amount equivalent to 50/100 of such penalty and submits relevant evidentiary documents before a sentence is pronounced in the summary trial, the chief of the competent police station or the Jeju Special Self-Governing Province Governor shall cancel his or her request for a summary trial for such defendant. |
| (3) | No person who has paid a penalty pursuant to the proviso of paragraph (1) or paragraph (2) shall be re-punished for the same offense. |
[This Article Newly Inserted on Feb. 21, 2018]
ADDENDA <Act No. 14113, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Repeal of Other Statutes)
Article 3 (Applicability to Consultation on Implementation Plans)
Article 8 (3) shall begin to apply from the first case where the Minister of Land, Infrastructure and Transport requests a consultation on the implementation plan under paragraph (2) of the same Article to the head of the relevant administrative agencies after this Act enters into force. Article 4 (General Transitional Measures concerning Disposition under the Previous Aviation Act and the Previous Act on the Promotion of a New Airport for Seoul Metropolitan Area Construction) Article 5 (Transitional Measures concerning Comprehensive Plans)
| (1) | The comprehensive plan formulated under Article 89 (1) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have formulated under Article 3. |
Article 6 (Transitional Measures concerning Prearranged Area for Airport Development)
Article 7 (Transitional Measures concerning Deliberative Committee on New Airport Construction)
Article 8 (Transitional Measures concerning Permission to Establish Aerodromes or Air Navigation Facilities)
Persons who obtained permission to establish aerodromes or air navigation facilities under Article 75 (2) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have obtained permission for the development project under Article 6 (2), approval of the implementation plan under Article 7 (3), permission for air navigation facilities under Article 43 (2) and approval of the implementation plan under Article 44 (3). Article 9 (Transitional Measures concerning Implementers of Airport Development Projects)
| (1) | Persons who obtained permission for implementing airport development project under Article 94 (2) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have obtained permission for implementing airport development project under Article 6 (2). |
Article 10 (Transitional Measures concerning Establishment and Management of Landing Fields)
Landing fields permitted under Article 75-2 (1) of the previous Aviation Act or Article 5 of the Addenda to the Aviation Act (Act No. 12256) as at the time this Act enters into force shall be deemed to have permitted under Article 25 (1). Article 11 (Transitional Measures concerning Rights to Manage Airport Facilities)
| (1) | Rights to manage airport facilities established under Article 105 (2) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have been established under Article 26 (1). |
| (2) | Registers of rights to manage airport facilities prepared in the Ministry of Land, Infrastructure and Transport under Article 105-5 (1) of the previous Aviation Act as at the time this Act enters into force shall be deemed registers of rights to manage airport facilities under Article 28 (1). |
Article 12 (Transitional Measures concerning Fees)
Fees reported or approved under Article 86 (3) and 107 (2) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have reported or approved under Article 32 (2) or 50 (2). Article 13 (Transitional Measures concerning Certificate of Airport Operation)
| (1) | The certificate of airport operation obtained under Article 111-2 of the previous Aviation Act as at the time this Act enters into force shall be deem to have been obtained under Article 38. |
| (2) | Airport operation regulations which obtained an authorization or reported under Article 111-3 of the previous Aviation Act as at the time this Act enters into force shall be deemed airport operation regulations which obtained an authorization or reported under Article 39. |
Article 14 (Transitional Measures concerning Performance Suitability Certification of Air Navigation Facilities)
The performance suitability certification of air navigation facilities obtained under Article 80-2 of the previous Aviation Act as at the time this Act enters into force shall be deemed to have been obtained under Article 52 (1). Article 15 (Transitional Measures concerning Administrative Disposition and Penalty Surcharges)
| (2) | The previous Aviation Act shall apply to the imposition and collection of penalty surcharges against acts before this Act enters into force. |
Article 16 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
Article 17 Omitted.
Article 18 (Relationship to Other Statutes and Regulations)
ADDENDA <Act No. 14342, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amendments to the statutes to be amended pursuant to Article 6 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 date of the relevant statute.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 14855, Aug. 9, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15009, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 15 Omitted.
ADDENDA <Act No. 15310, Dec. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Confirmation of Completion of Landing Field Construction)
The amended provisions of Article 25 shall begin to apply from the first landing field the construction works for which are completed after this Act enters into force.
ADDENDUM <Act No. 15399, Feb. 21, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15995, Dec. 18, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Applicability to Permission for Use Prior to Confirmation of Completion of Construction)
The amended provisions of Articles 20 (8), 32 (3) and (4), 39 (4), 42 (2) and (3), 43 (3), 46 (2), 50 (3) and (4), and 51 (2) and (3) shall begin to apply from the first application for authorization or permission or for permission for change, or from the first report, filed after this Act enters into force.
ADDENDA <Act No. 16902, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 20 Omitted.
ADDENDUM <Act No. 17610, Dec. 8, 2020>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17689, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021.
Articles 2 through 8 Omitted.