CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe methods for safe and efficient navigation of aircraft, light sport aircraft, or ultra-light vehicles, the obligations of the States, aviation business operators, personnel, etc., and other matters in accordance with standards adopted and methods recommended by the Convention on International Civil Aviation and Annexes to the aforesaid Convention. <Amended on Aug. 27, 2019>
The terms used in this Act are defined as follows: <Amended on Aug. 27, 2019>
| 1. | The term "aircraft" means the following apparatus meeting the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as the maximum takeoff weight and the number of seats, and other apparatuses prescribed by Presidential Decree, which are capable of flying by capitalizing on the reaction of the air (excluding reaction of the air against the surface of ground or water; hereinafter the same shall apply): |
| 2. | The term "light sport aircraft" means airplanes, helicopters, gyroplanes, powered parachutes, etc., meeting the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as the maximum takeoff weight and the number of seats, which are machines capable of flying by capitalizing on the reaction of the air, other than aircraft; |
| 3. | The term "ultra-light vehicle" means powered flying machines, hang gliders, paragliders, hot air balloons, unmanned aerial vehicles, etc., meeting the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as the aircraft’s own weight and the number of seats, which are machines capable of flying by the reaction of the air, other than aircraft and light sport aircraft; |
| 4. | The term "aircraft of State agencies, etc." means aircraft owned or chartered by the State, a local government, or any other public institution prescribed by the Act on the Management of Public Institutions and prescribed by Presidential Decree (hereinafter referred to as "State agency, etc."), which is used to perform any of the following duties: Provided, That this shall not include aircraft used in military, police, and customs services: |
| (a) | Search and rescue due to disasters and accidents; |
| (b) | Suppression and prevention of wildfire; |
| (c) | Rescue and first aid activities, such as the evacuation of emergency patients that require immediate medical attention; |
| (d) | Other duties necessary to ensure public security and to maintain public order; |
| 5. | The term "aviation service" means any of the following services: |
| (a) | Operation of aircraft (including the operation of radio equipment) services (excluding flight practice referred to in Article 46); |
| (b) | Air traffic control (including the operation of radio equipment) services (excluding the air traffic control practice referred to in Article 47); |
| (d) | Safety validation to confirm whether aircraft, engines, propellers (hereinafter referred to as "aircraft, etc.") maintained, repaired, or modified (hereinafter referred to as "maintenance, etc."), components or parts are capable of flying safely (hereinafter referred to as "airworthiness") as well as to confirm the maintenance of light sport aircraft or components or parts thereof; |
| 6. | The term "aircraft accident" means any of the following occurrences prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in relation to the operation of an aircraft from the time any person boards the aircraft for the purpose of flight until all persons on board the aircraft disembark from the aircraft [in cases of an aircraft that flies without a human pilot aboard, but by remote control, etc. (hereinafter referred to as "unmanned aircraft"), referring to the moment it moves for the purpose of flight until the moment its engines stop because the flight has ended]: |
| (a) | Death, serious injury, or missing of a person; |
| (b) | Damage or structural damage to the aircraft; |
| (c) | Where the position of the aircraft cannot be confirmed or it is impossible to approach the aircraft; |
| 7. | The term "light sport aircraft accident" means any of the following occurrences prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which takes place from the moment the engine of the light sport aircraft starts for the purpose of flight until the moment its engine stops because the flight has ended: |
| (a) | Death, serious injury, or missing of a person by the light sport aircraft; |
| (b) | Crash or collision of the light sport aircraft or the outbreak of fire therein; |
| (c) | Where the position of the light sport aircraft cannot be confirmed or it is impossible to approach the light sport aircraft; |
| 8. | The term "ultra-light vehicle accident" means any of the following occurrences prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which takes place from the moment the ultra-light vehicle takes off from the ground (including takeoff from water; hereinafter the same shall apply) for the purpose of flight until the moment it lands on the ground (including landing on water; hereinafter the same shall apply): |
| (a) | Death, serious injury, or missing of a person by the ultra-light vehicle; |
| (b) | Crash or collision of the ultra-light vehicle or the outbreak of fire therein; |
| (c) | Where the position of the ultra-light vehicle cannot be confirmed or it is impossible to approach the ultra-light vehicle; |
| 9. | The term "serious incident" means an occurrence prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which may have led to aircraft accidents because they have jeopardized aviation safety; |
| 10. | The term "incident" means an occurrence which affect, or are likely to affect, aviation safety in relation to the operation, etc. of an aircraft in addition to aircraft accidents and serious incidents; |
| 10-2. | The term "aviation safety hazards" means circumstances, conditions, physical or human factors, etc. that may cause, or contribute to a greater possibility of causing, aircraft accidents, serious incidents, or safety occurrences; |
| 10-3. | The term "safety risk" means the probability that aviation safety hazards develop into an event undermining aviation safety and the severity thereof; |
| 10-4. | The term "aviation safety data" means the following data used for maintaining or improving aviation safety or for other purposes: |
| (a) | Reports on failures, defects, or malfunctions which have occurred to aircraft, etc. under Article 33; |
| (b) | Flight data and the results of analyzing such data under Article 58 (4); |
| (c) | Radar data and the results of analyzing such data under Article 58 (5); |
| (e) | Results of an investigation under Article 60 and Article 19 of the Aviation and Rail Accidents Investigation Act; |
| (f) | Data collected in the course of aviation safety activities under Article 132 and reports on the results of such activities; |
| (k) | Data shared by international organizations, foreign governments, etc. with the Republic of Korea for aviation safety; |
| (l) | Other data prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 10-5. | The term "aviation safety information" means information processed, organized, and analyzed to use aviation safety data for the purpose of safety management; |
| 11. | The term "flight information region" means a specified region of airspace whose name, and vertical and horizontal divisions have been designated and publicly announced by the Minister of Land, Infrastructure and Transport in accordance with the Convention of International Civil Aviation and Annexes to the aforesaid Convention, in which information necessary for safe and efficient flights, search and rescue of aircraft, light sport aircraft, or ultra-light vehicles is provided; |
| 12. | The term "airspace" means the portion of the atmosphere controlled by the Republic of Korea above its territory, and its inland waters and territorial waters under the Territorial Sea and Contiguous Zone Act; |
| 13. | The term "airway" means a route in space indicated on the surface of the Earth designated by the Minister of Land, Infrastructure and Transport because he or she deems it appropriate for the flight of aircraft, light sport aircraft, or ultra-light vehicles; |
| 14. | The term "aviation personnel" means those who have obtained certification of qualification of aviation personnel referred to in Article 34 (1); |
| 15. | The term "flight simulator" means a device designed to re-create the same control functions over mechanical, electrical, and electronic devices, and flight performance and characteristics as the actual aircraft, which is a device that imitates the cockpit of an aircraft; |
| 16. | The term "flight crew" means those who board an aircraft and are engaged in aviation services, who have obtained certification of qualification falling under any of subparagraphs 1 through 6 of Article 35; |
| 17. | The term "cabin crew" means those who board an aircraft and perform duties for the safety of passengers, such as emergency aircraft evacuation; |
| 18. | The term "instrument flight" means flight depending solely on flight instruments for the posture, altitude, and position of an aircraft, and for measuring the direction of flight; |
| 19. | The term "instrument flight rule" means that a person who operates an aircraft by reference to instruments operates the aircraft in accordance with the procedures and timing for moving, takeoff, and landing, and the method of operating instructed by the Minister of Land, Infrastructure and Transport pursuant to Article 84 (1) or a person who has obtained air traffic services certification (hereinafter referred to as "air traffic services certification") referred to in Article 85 (1); |
| 20. | The term "fatigue risk management system" means a system that continuously oversees and manages risk factors related to fatigue based on experience and scientific principles and knowledge so that flight crew and cabin crew may provide relevant services with full attention; |
| 25. | The term "control zone" means a region of airspace designated and publicly announced by the Minister of Land, Infrastructure and Transport for the safety of air traffic, which is the region of airspace above and nearby an aerodrome or airport; |
| 26. | The term "control area" means a region of airspace designated and publicly announced by the Minister of Land, Infrastructure and Transport for the safety of air traffic, which is the region of airspace above 200 meters from the surface of the ground or water; |
| Article 3 (Special Cases concerning Application to Military Aircraft) |
| (1) | This Act shall not apply to military aircraft and a person engaged in aviation services related thereto. |
| (2) | This Act shall not apply to aircraft used for customs services or police services and a person engaged in aviation services related thereto: Provided, That for the prevention of aircraft accidents, such as a mid-air collision, Articles 51 and 67, subparagraph 5 of Article 68, and Articles 79 and 84 (1) shall apply thereto. |
| (3) | Paragraph (2) shall apply mutatis mutandis to aircraft used by the United States of America and a person engaged in aviation services related thereto pursuant to Article 4 of the Mutual Defense Treaty between the United States and the Republic of Korea. |
| Article 4 (Special Cases concerning Application to Aircraft of State Agencies) |
| (1) | This Act (excluding Articles 66, 69 through 73, and 132) shall apply to aircraft of State agencies, etc., and a person engaged in aviation services related thereto. |
| (2) | Notwithstanding paragraph (1), Articles 53 and 67, subparagraphs 1 through 3 of Article 68, and Articles 77 (1) 7, 79, and 84 (1) shall not apply where aircraft of State agencies, etc. are urgently operated (including training) for search and rescue due to disasters, accidents, etc., fire suppression, evacuation of patients with acute illnesses or injuries that require immediate medical attention, and other public purposes prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Where Articles 59, 61, and 62 (5) and (6) apply to aircraft of State agencies, etc., the "Minister of Land, Infrastructure and Transport" shall be construed as the "head of a competent administrative agency." In such cases, the head of a competent administrative agency shall notify the Minister of Land, Infrastructure and Transport that he or she has received reports pursuant to Articles 59, 61, and 62 (5) and (6). |
| Article 5 (Special Cases concerning Application to Transfer of Authority and Liability for Operation of Leased Aircraft) |
Where an aircraft registered in a foreign country is chartered and operated, or an aircraft registered in the Republic of Korea is chartered and operated by a foreign country, matters regarding the transfer of authority and liability related to the operation of the said chartered aircraft shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport pursuant to the Convention on International Civil Aviation.
| Article 6 (Establishment of Master Plans for Aviation Safety Policies) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish master plans for national aviation safety policies (hereinafter referred to as "master plan for aviation safety policies") every five years. |
| (2) | A master plan for aviation safety policies shall include the following: |
| 1. | Objectives and strategies of aviation safety policies; |
| 2. | Matters concerning accident prevention and safe operation of aircraft, light sport aircraft, and ultra-light vehicles; |
| 3. | Matters concerning a certification system of the manufacture, maintenance, and safety of an aircraft, light sport aircraft, and ultra-light vehicles; |
| 4. | Matters concerning the management of flight information regions and airways and the improvement of an air traffic system; |
| 5. | Matters concerning training and management of qualification of aviation personnel; |
| 6. | Other matters necessary to improve aviation safety. |
| (3) | Where the Minister of Land, Infrastructure and Transport intends to establish or modify a master plan for aviation safety policies, he or she may request the heads of the relevant administrative agencies to provide necessary cooperation. |
| (4) | Where the Minister of Land, Infrastructure and Transport establishes or modifies a master plan for aviation safety policies, he or she shall give public notice of the details thereof in the Official Gazette and inform the heads of the relevant administrative agencies whom he or she has requested to provide cooperation pursuant to paragraph (3) of the details thereof. |
| (5) | The Minister of Land, Infrastructure and Transport may establish annual action plans to implement a master plan for aviation safety policies. |
CHAPTER II AIRCRAFT REGISTRATION
| Article 7 (Aircraft Registration) |
| (1) | Any person who owns or leases an aircraft and thereby has the right to use the aircraft (hereinafter referred to as "owner, etc.") shall file for registration of the aircraft with the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree: Provided, That the same shall not apply to aircraft prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| (2) | Where a domestic air operator or an international air operator who obtains an air operator certificate (AOC) under Article 90 (1) intends to file for registration of an aircraft pursuant to paragraph (1), he or she shall have necessary maintenance personnel to ensure the safe operation of the relevant aircraft, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Jun. 9, 2020> |
| Article 8 (Acquisition of Nationality of Aircraft) |
An aircraft registered pursuant to Article 7 shall acquire the nationality of the Republic of Korea and shall have the subsequent rights and obligations.
| Article 9 (Ownership of Aircraft) |
| (1) | The acquisition, loss, or modification of ownership of an aircraft shall come into effect upon registration. |
| (2) | The right to lease an aircraft shall come into effect against a third party upon registration. |
| Article 10 (Restrictions on Aircraft Registration) |
| (1) | No aircraft owned or leased by any of the following persons shall be registered: Provided, That the same shall not apply to an aircraft which the citizens or corporations of the Republic of Korea have the right to lease and use: |
| 1. | A person other than a citizen of the Republic of Korea; |
| 2. | A foreign government or foreign public organization; |
| 3. | A foreign corporation or organization; |
| 4. | A corporation, at least 1/2 of shares or equity stakes of which are owned by a person falling under any of subparagraphs 1 through 3 or whose business is substantially controlled by such person; |
| 5. | A corporation whose representative in its corporation registration certificate is a foreigner or in which foreigners account for at least 1/2 of the number of its executive officers in the corporation registration certificate. |
| (2) | Notwithstanding the proviso of paragraph (1), no aircraft with the foreign nationality shall be registered. |
| Article 11 (Aircraft Registration Details) |
| (1) | Where an aircraft has been registered pursuant to Article 7, the Minister of Land, Infrastructure and Transport shall record the following in the original register: |
| 1. | The type of the aircraft; |
| 2. | The manufacturer of the aircraft; |
| 3. | The manufacturing number of the aircraft; |
| 4. | A place where the aircraft is parked; |
| 5. | The name or title, address, and nationality of the owner, lessor, or lessee; |
| 6. | The date of registration; |
| (2) | Except as provided in paragraph (1), matters necessary for the registration of an aircraft shall be prescribed by Presidential Decree. |
| Article 12 (Issuance of Certificate of Aircraft Registration) |
Where a person has filed for registration of an aircraft pursuant to Article 7, the Minister of Land, Infrastructure and Transport shall issue a certificate of aircraft registration to such person as prescribed by Presidential Decree.
| Article 13 (Registration of Modification of Aircraft) |
Where any modification is made to the registration referred to in Article 11 (1) 4 or 5, the owner, etc. shall file an application for registration of modification with the Minister of Land, Infrastructure and Transport within 15 days from the date the registration is modified, as prescribed by Presidential Decree.
| Article 14 (Registration of Transfer of Aircraft) |
A person who intends to transfer or take over ownership of an aircraft or the right to lease the aircraft registered shall file an application for registration of transfer with the Minister of Land, Infrastructure and Transport within 15 days from the date a reason for the transfer or takeover arises, as prescribed by Presidential Decree.
| Article 15 (De-Registration of Aircraft) |
| (1) | An owner, etc. shall apply for de-registration to the Minister of Land, Infrastructure and Transport within 15 days from the date the reason arises, when his or her registered aircraft falls under any of the following cases: |
| 1. | Where the aircraft is destroyed or dismantled (excluding any disassembly for maintenance, etc., transportation, or storage); |
| 2. | Where the whereabouts of the aircraft is unknown for at least one month (in cases of an aircraft accident, two months); |
| 3. | Where the owner, etc. transfer or lease (only applicable to where foreign nationality is acquired) the aircraft to a person falling under any subparagraph of Article 10 (1); |
| 4. | Where the right to use the aircraft lapses due to the expiration, etc. of the period of lease. |
| (2) | Where the owner, etc. fail to apply for de-registration of an aircraft pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall notify the owner, etc. to apply for de-registration for a specified period of at least seven days. |
| (3) | Where the owner, etc. fail to apply for de-registration of an aircraft even after being notified under paragraph (2), the Minister of Land, Infrastructure and Transport shall de-register the aircraft by authority and notify the owner, etc., and other interested parties thereof. |
| Article 16 (Issuance and Perusal of Original Register of Aircraft) |
| (1) | Any person may request the Minister of Land, Infrastructure and Transport to issue a certified copy or certified extract of the original register of an aircraft or to allow him or her to peruse the original register of the aircraft. |
| (2) | In receipt of a request pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall issue the relevant material or allow any person to peruse the original register of the aircraft unless there is a compelling reason not to do so. |
| Article 17 (Attachment of Aircraft Registration Mark) |
| (1) | Upon registration of an aircraft, the owner, etc. shall attach a registration mark on the aircraft in accordance with the type, location, method, etc. prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | No person shall destroy the registration mark attached on an aircraft pursuant to paragraph (1). |
| Article 18 (Display of Nationality of Aircraft) |
| (1) | No person shall operate an aircraft on which the nationality, registration mark, and the name or title of the owner, etc. are not displayed: Provided, That the same shall not apply to aircraft prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as new aircraft. |
| (2) | Matters necessary for display of nationality, etc. and composition, etc. of a registration mark under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
CHAPTER III TECHNICAL STANDARDS FOR AND TYPE CERTIFICATION OF AIRCRAFT
| Article 19 (Technical Standards for Aircraft) |
The Minister of Land, Infrastructure and Transport shall determine and publicly notify technical standards including the following (hereinafter referred to as "technical standards for aircraft") in order to ensure the safety of aircraft, etc., components, or parts:
| 1. | Airworthiness standards for aircraft, etc.; |
| 2. | Environmental standards for aircraft, etc. (including emission performance standards and noise standards); |
| 3. | Standards for continuing airworthiness of aircraft, etc.; |
| 4. | Methods of identifying aircraft, etc., components, or parts; |
| 5. | Procedures for certifying aircraft, etc., components, or parts. |
| Article 20 (Type Certification) |
| (1) | A person who intends to have the design of an aircraft, etc. certified by the Minister of Land, Infrastructure and Transport shall file an application for certification under either subparagraph of paragraph (2). The same shall also apply where any certified matter is modified. <Amended on Dec. 26, 2017> |
| (2) | Upon receipt of an application under paragraph (1), the Minister of Land, Infrastructure and Transport shall examine the application to ascertain whether the relevant aircraft, etc. conforms to the technical standards for aircraft, etc. and shall grant the certification under the following subparagraphs: <Newly Inserted on Dec. 26, 2017> |
| 1. | If the relevant aircraft, etc. is designed according to the technical standards for aircraft: Type certification; |
| 2. | If the applicant proves that either of the following aircraft is designed according to the technical standards for aircraft related to the services of the relevant aircraft and that the aircraft can be operated safely to the extent of operation proposed by the applicant: Restricted type certification: |
| (a) | An aircraft used for any of the specific services prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as wildfire suppression, and search and rescue (excluding the aircraft prescribed in item (b)); |
| (3) | Where the Minister of Land, Infrastructure and Transport grants type certification under paragraph (2) 1 (hereinafter referred to as "type certification") or the restricted type certification under paragraph (2) 2 (hereinafter referred to as "restricted type certification"), he or she shall issue a type certificate or a restricted type certificate, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Dec. 26, 2017> |
| (4) | Any person who intends to transfer or acquire a type certificate or a restricted type certificate shall report the transfer thereof to the Minister of Land, Infrastructure and Transport and shall file an application for reissuance of the relevant certificate with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Dec. 26, 2017> |
| (5) | Any person who intends to obtain supplemental type certification to modify the design of an aircraft, etc. for which the person has already obtained type certification, restricted type certification, or approval of type certification under Article 21 (hereinafter referred to as "supplemental type certification") shall file an application for supplemental type certification with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Dec. 26, 2017> |
| (6) | Where the Minister of Land, Infrastructure and Transport grants supplemental type certification, he or she shall issue a supplemental type certificate, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Dec. 26, 2017> |
| (7) | In either of the following cases, the Minister of Land, Infrastructure and Transport may cancel type certification, restricted type certification, or supplemental type certification of the relevant aircraft, etc. or may issue an order to suspend the effect of such certification for a specified period not exceeding six months: Provided, That he or she shall cancel type certification, restricted type certification, or supplemental type certification, in cases falling under subparagraph 1: <Amended on Dec. 26, 2017> |
| 1. | Where a person has obtained type certification, restricted type certification, or supplemental type certification by fraud or other improper means: |
| 2. | Where an aircraft, etc. ceases to conform to the technical standards for aircraft applicable as at the time type certification, restricted type certification, or supplemental type certification was granted. |
[Title Amended on Dec. 26, 2017]
| Article 21 (Approval of Type Certification) |
| (1) | When any person who has obtained type certification for the design of an aircraft, etc. from a foreign government intends to obtain approval of the conformity of such aircraft, etc. with the technical standards for aircraft (hereinafter referred to as "approval of type certification"), such person shall file an application for approval of type certification for each type of aircraft, etc. with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That in cases of an aircraft referred to in either of the following subparagraphs, such application may include the motors and propellers mounted thereon: <Amended on Dec. 26, 2017> |
| 1. | An airplane with a maximum takeoff weight not exceeding 5,700 kilograms; |
| 2. | A helicopter with a maximum takeoff weight not exceeding 3,175 kilograms. |
| (2) | Notwithstanding paragraph (1), an aircraft referred to in the subparagraphs of paragraph (1) and the motors and propellers mounted on the aircraft shall be deemed to have obtained approval of type certification under paragraph (1) if the aircraft obtained type certification from a country with whom the Republic of Korea has concluded an aviation safety agreement on airworthiness of aircraft, etc. <Newly Inserted on Dec. 26, 2017> |
| (3) | Where the Minister of Land, Infrastructure and Transport approves type certification, he or she shall inspect whether the relevant aircraft, etc. (excluding aircraft whose type certification is deemed approved under paragraph (2) and the motors and propellers mounted on such aircraft) conform to the technical standards for aircraft: Provided, That an aircraft, etc. whose type certification was granted by a country which has concluded an aviation safety agreement on airworthiness of aircraft, etc. with the Republic of Korea may be partially exempt from such inspection, as stipulated in the relevant agreement. <Amended on Dec. 26, 2017> |
| (4) | Where the Minister of Land, Infrastructure and Transport deems that the relevant aircraft, etc. conforms to the technical standards for aircraft upon inspection under paragraph (3), he or she shall issue a written approval of type certification, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Dec. 26, 2017> |
| (5) | Where an aircraft, etc. which has obtained type certification or approval of type certification obtains supplemental type certification for its design from a foreign government, the Minister of Land, Infrastructure and Transport may grant approval of supplemental type certification (hereinafter referred to as "approval of supplemental type certification"), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Dec. 26, 2017> |
| (6) | When the Minister of Land, Infrastructure and Transport grants approval of supplemental type certification, he or she shall issue a written approval of supplemental type certification, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, where he or she deems that the relevant aircraft, etc. conforms to the technical standards for aircraft after inspecting whether it conforms to the technical standards for aircraft. <Amended on Dec. 26, 2017> |
| (7) | In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the approval of type certification or the approval of supplemental type certification of the relevant aircraft, etc. or may issue an order to suspend the effect thereof for a specified period not exceeding six months: Provided, that in cases falling under subparagraph 1, he or she shall revoke the approval of type certification or the approval of supplemental type certification: <Amended on Dec. 26, 2017> |
| 1. | Where the approval of type certification or the approval of supplemental type certification has been granted by fraud or other improper means; |
| 2. | Where the aircraft, etc. fail to conform to the technical standards for aircraft applicable as at the time the approval of type certification or the approval of supplemental type certification is granted. |
| Article 22 (Production Certification) |
| (1) | Any person who intends to be certified as equipped with technology, facilities, human resources, a quality management system, etc. that enable the person to produce aircraft, etc. conforming to the design authorized according to type certification or restricted type certification (hereinafter referred to as "production certification") shall file an application for production certification with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Dec. 26, 2017> |
| (2) | Upon receipt of an application under paragraph (1), the Minister of Land, Infrastructure and Transport shall inspect whether the person who intends to produce aircraft, etc. is equipped with technology, facilities, human resources, a quality management system, etc. that enable the person to produce aircraft, etc. conforming to the design authorized according to type certification or restricted type certification. <Amended on Dec. 26, 2017> |
| (3) | When the Minister of Land, Infrastructure and Transport grants production certification under paragraph (1), he or she shall issue a production certificate, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the production certificate shall not be transferred to, or acquired from, another person. <Newly Inserted on Dec. 26, 2017> |
| (4) | Where any reason prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport arises, such as the relocation or expansion of facilities or a change in the quality management system, which could affect the airworthiness of aircraft, etc., components, or parts, the person who has obtained production certification shall report such event to the Minister of Land, Infrastructure and Transport. <Newly Inserted on Dec. 26, 2017> |
| (5) | In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke production certification or issue an order to suspend the effect thereof for a specified period not exceeding six months: Provided, that in cases falling under subparagraph 1, he or she shall revoke the production certification: <Amended on Dec. 26, 2017> |
| 1. | Where production certification has been granted by fraud or other improper means; |
| 2. | Where the aircraft, etc. fail to conform to the technical standards for aircraft applicable as at the time production certification is granted. |
| Article 23 (Airworthiness Certificate and Continuing Airworthiness) |
| (1) | A person who intends to obtain certification that an aircraft is airworthy (hereinafter referred to as "airworthiness certificate") shall file an application for airworthiness certificate with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | No aircraft other than aircraft with the nationality of the Republic of Korea shall be certified for airworthiness: Provided, That the same shall not apply to aircraft prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | No person shall operate an aircraft without either of the following certificate: <Amended on Dec. 26, 2017> |
| 1. | Standard airworthiness certificate: Certification granted where the relevant aircraft is deemed produced in conformity with the technical standards for aircraft authorized according to type certification or approval of type certification and capable of flying safely; |
| 2. | Special airworthiness certificate: Certification granted where the relevant aircraft is deemed capable of flying safely upon review of the extent of operation proposed by the manufacturer or the owner, etc. of the aircraft in any case prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as where the relevant aircraft has been granted restricted type certification or for purposes of research and development of aircraft. |
| (4) | Where the Minister of Land, Infrastructure and Transport grants airworthiness certificate falling under any subparagraph of paragraph (3), he or she shall inspect the conditions and flight performance of the relevant aircraft during the design and production process and after completion and shall designate the operating limitations of the relevant aircraft: Provided, That if an aircraft falls under any of the following, such inspection may be partially omitted: <Newly Inserted on Dec. 26, 2017> |
| 1. | An aircraft granted type certification, restricted type certification, or approval of type certification; |
| 2. | An aircraft produced by a person granted production certification; |
| 3. | An aircraft imported with approval of airworthiness from a foreign government exporting aircraft. |
| (5) | airworthiness certificate shall remain valid for one year: Provided, That the period of validity may be extended in consideration of the type of aircraft and the ability of the owner, etc. (including a person entrusted under Article 32 (2)) to maintain airworthiness, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Dec. 26, 2017> |
| (6) | Where the Minister of Land, Infrastructure and Transport deems that an aircraft is airworthy upon inspection under paragraph (4), he or she shall issue airworthiness certificate, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Dec. 26, 2017> |
| (7) | In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke airworthiness certificate of the relevant aircraft, etc. or issue an order to suspend the effect thereof for a specified period not exceeding six months: Provided, that he or she shall revoke airworthiness certificate, in cases falling under subparagraph 1: <Amended on Dec. 26, 2017> |
| 1. | Where airworthiness certificate has been granted by fraud or other improper means; |
| 2. | Where the aircraft fails to conform to the technical standards for aircraft applicable as at the time airworthiness certificate is granted. |
| (8) | The owner, etc. who intend to operate an aircraft shall maintain airworthiness of the aircraft, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Dec. 26, 2017> |
| (9) | The Minister of Land, Infrastructure and Transport shall inspect at any time to ascertain whether the owner, etc. maintain airworthiness of the relevant aircraft pursuant to paragraph (8), and may order the owner, etc. to improve airworthiness regarding the maintenance, etc. of aircraft, etc., components, or parts, to conduct other inspections, or to provide maintenance to maintain the airworthiness of the relevant aircraft. <Amended on Dec. 26, 2017> |
| Article 24 (Approval of Airworthiness) |
| (1) | Any person who intends to provide an aircraft, etc., components, or parts manufactured, operated, or maintained in the Republic of Korea, to other persons may obtain approval of airworthiness from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where the Minister of Land, Infrastructure and Transport deems that the relevant aircraft, etc., components, or parts meet the technical standards for aircraft or the standards for type approval of articles with technical standard order design approval referred to in Article 27 (1) and that the relevant aircraft, etc. may be operated safely, he or she shall grant approval of airworthiness referred to in paragraph (1). |
| (3) | In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the approval of airworthiness under paragraph (2) or issue an order to suspend the effect thereof for a specified period not exceeding six months: Provided, that the Minister of Land, Infrastructure and Transport shall revoke the approval of airworthiness, in cases falling under subparagraph 1: |
| 1. | Where the approval of airworthiness has been granted by fraud or other improper means; |
| 2. | Where the aircraft, etc., components, or parts fail to meet the technical standards for aircraft or the standards for type approval of articles with technical standard order design approval referred to in Article 27 (1) applicable as at the time the approval of airworthiness is granted. |
| Article 25 (Certification of Conformity with Noise Standards) |
| (1) | Where the owner, etc. of an aircraft prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport obtain airworthiness certificate and the noise level of the aircraft is changed due to repair, modification, etc., they shall obtain certification regarding whether the aircraft conforms to the noise standards under subparagraph 2 of Article 19 (hereinafter referred to as "certification of conformity with noise standards”) from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure. |
| (2) | No person shall operate an aircraft that has failed to obtain certification of conformity with noise standards or has failed to meet the technical standards for aircraft: Provided, That the same shall not apply where he or she has obtained flight permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure. |
| (3) | In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke certification of conformity with noise standards or issue an order to suspend the effect thereof for a specified period not exceeding six months: Provided, that in cases falling under subparagraph 1, the Minister of Land, Infrastructure and Transport shall revoke certification of conformity with noise standards: |
| 1. | Where the owner, etc. have obtained certification of conformity with noise standards by fraud or other improper means; |
| 2. | Where the aircraft fails to meet the technical standards for aircraft applicable as at the time the certification of conformity with noise standards is granted. |
| Article 26 (Request upon Changes in Technical Standards for Aircraft) |
Where an aircraft that obtains type certification fails to meet the changed technical standards for aircraft after changes in technical standards for aircraft, the Minister of Land, Infrastructure and Transport may request a person who has obtained or acquired type certification or the owner, etc. of the aircraft to meet the changed technical standards for aircraft. In such cases, the person who has obtained or acquired type certification or the owner, etc. of the aircraft shall comply with such request.
| Article 27 (Type Approval of Articles with Technical Standard Order Design Approval) |
| (1) | A person who intends to design and manufacture components (excluding cases where components are designed and manufactured for experimental or research and development purposes; hereinafter referred to as "articles with technical standard order design approval") determined and publicly notified by the Minister of Land, Infrastructure and Transport in order to ensure airworthiness of aircraft, etc. shall obtain approval of the design and manufacture of the relevant articles with technical standard order design approval (hereinafter referred to as "type approval of articles with technical standard order design approval") from the Minister of Land, Infrastructure and Transport in accordance with standards for type approval of articles with technical standard order design approval (hereinafter referred to as "standards for type approval of articles with technical standard order design approval") determined and publicly notified by the Minister of Land, Infrastructure and Transport: Provided, That articles with technical standard order design approval prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which are articles with technical standard order design approval that have obtained type approval from a country that has entered into the aviation safety agreement concerning the type approval of articles with technical standard order design approval with the Republic of Korea, shall be deemed to obtain type approval of articles with technical standard order design approval. |
| (2) | When granting type approval of articles with technical standard order design approval, the Minister of Land, Infrastructure and Transport shall issue a written type approval of articles with technical standard order design approval, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, where he or she deems that the design and manufacture of articles with technical standard order design approval meet standards for type approval of articles with technical standard order design approval after inspecting the conformity with such standards. |
| (3) | No person shall manufacture or sell articles with technical standard order design approval that have failed to obtain type approval of articles with technical standard order design approval, or use such articles on an aircraft, etc. |
| (4) | In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the relevant type approval of articles with technical standard order design approval or issue an order to suspend the effect thereof for a specified period not exceeding six months: Provided, That in cases falling under subparagraph 1, the Minister of Land, Infrastructure and Transport shall revoke the type approval of articles with technical standard order design approval: |
| 1. | Where type approval of articles with technical standard order design approval has been granted by fraud or other improper means; |
| 2. | Where articles with technical standard order design approval fail to meet standards for approval of articles with technical standard order design approval applicable as at the time the type approval of articles with technical standard order design approval is granted. |
| Article 28 (Parts Manufacturer Certification) |
| (1) | Any person who intends to manufacture components or parts to be used on aircraft, etc. shall obtain certification (hereinafter referred to as "parts manufacturer certification") from the Minister of Land, Infrastructure and Transport with regard to whether he or she has human resources, facilities, technology, inspection systems, etc. necessary for manufacturing components or parts in conformity with the technical standards for aircraft, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That the same shall not apply where he or she intends to manufacture any of the following components or parts: |
| 1. | components or parts of the same kinds manufactured by a manufacturer of components or parts installed as at the time type certification or supplemental type certification, or approval of type certification or approval of supplemental type certification is granted; |
| 2. | Articles with technical standard order design approval manufactured after obtaining type approval of articles with technical standard order design approval; |
| 3. | Other components or parts prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | When granting parts manufacturer certification, the Minister of Land, Infrastructure and Transport shall issue a parts manufacturer certificate, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, where he or she deems that components or parts manufactured by a parts manufacturer meet the technical standards for aircraft after inspecting whether the parts manufacturer can manufacture components or parts in conformity with the technical standards for aircraft. |
| (3) | No person shall manufacture or sell components or parts that have failed to obtain parts manufacturer certification or use such components or parts on aircraft, etc. |
| (4) | Where a person has obtained parts manufacturer certification from a country that has entered into the aviation safety agreement with the Republic of Korea, he or she shall be deemed to have obtained parts manufacturer certification. |
| (5) | In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke parts manufacturer certification or issue an order to suspend the effect thereof for a specified period not exceeding six months: Provided, That in cases falling under subparagraph 1, the Minister of Land, Infrastructure and Transport shall revoke parts manufacturer certification: |
| 1. | Where parts manufacturer certification has been granted by fraud or other improper means; |
| 2. | Where components or parts fail to meet the technical standards for aircraft applicable as at the time parts manufacturer certification is granted. |
| Article 29 (Imposition of Penalty Surcharges) |
| (1) | Where the Minister of Land, Infrastructure and Transport orders the suspension of the effect of type certification, restricted type certification, supplemental type certification, production certification, type approval of articles with technical standard order design approval, or parts manufacturer certification pursuant to Article 20 (7), 22 (5), 27 (4), or 28 (5), in which cases the suspension of the effect of such certification or approval is likely to cause serious inconvenience to users, etc. of aircraft or to undermine the public interest, he or she may impose a penalty surcharge not exceeding 100 million won in lieu of the suspension of the effect of such certification or approval. <Amended on Dec. 26, 2017> |
| (2) | Specific criteria and procedures for imposing penalty surcharges under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Where a person liable to pay a penalty surcharge pursuant to paragraph (1) fails to pay the penalty surcharge by the deadline, the Minister of Land, Infrastructure and Transport shall collect it in the same manner as delinquent national taxes are collected. |
| Article 30 (Approval of Repair and Modification) |
| (1) | Where the owner, etc. of an aircraft that has obtained airworthiness certificate intend to repair or modify the relevant aircraft, etc., components, or parts to the extent prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he or she shall obtain approval regarding whether such repair or modification meets technical standards for aircraft (hereinafter referred to as "approval of repair or modification") from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | No owner, etc. shall operate an aircraft, etc. that have failed to obtain approval of repair or modification, or use components or parts that have failed to obtain approval of repair or modification on aircraft, etc. |
| (3) | Notwithstanding paragraph (1), in any of the following cases, where the repair or modification meets technical standards for aircraft, approval of repair or modification shall be deemed granted: |
| 1. | Where a person who has obtained type approval of articles with technical standard order design approval repairs or modifies articles with technical standard order design approval manufactured by the person; |
| 2. | Where a person who has obtained parts manufacturer certification repairs or modifies components or parts manufactured by the person; |
| 3. | Where a person who has obtained certification of Approved Maintenance Organization (AMO) referred to in Article 97 (1) repairs or modifies aircraft, etc., components, or parts. |
| Article 31 (Inspection of Aircraft) |
| (1) | Where the Minister of Land, Infrastructure and Transport grants certification, approval, or certification of Approved Maintenance Organization (AMO) referred to in Articles 20 through 25, 27, 28, 30, and 97, he or she shall pre-inspect the relevant aircraft, etc., and components, or an organization, facilities, human resources, etc. that intend to manufacture or maintain the relevant aircraft, etc. and components, as determined by the Minister. |
| (2) | In order to conduct an inspection referred to in paragraph (1), the Minister of Land, Infrastructure and Transport shall appoint or commission persons who inspect aircraft, etc., and components (hereinafter referred to as "inspector") from among any of the following persons: |
| 1. | Persons who have obtained the certification of qualification of aircraft maintenance technicians referred to in subparagraph 8 of Article 35; |
| 3. | Persons who have been engaged in the design, manufacture, maintenance, or quality assurance of aircraft for at least three years after having acquired a bachelor's degree or higher degree in the fields related to aviation technologies; |
| 4. | Persons who have been engaged in the design, manufacture, maintenance, or quality assurance of aircraft of State agencies, etc., for at least five years. |
| (3) | Where inspectors who are not pubic officials of the Ministry of Land, Infrastructure and Transport conduct inspections referred to in paragraph (1), the Minister of Land, Infrastructure and Transport may pay an allowance to such inspectors within budgetary limits. |
| Article 32 (Confirmation of Maintenance of Aircraft) |
| (1) | Where the owner, etc. have performed maintenance, etc. on an aircraft, etc., components, or parts (excluding minor maintenance prescribed by Presidential Decree and repair or modification under Article 30 (1); hereafter in this Article the same shall apply), they shall not operate the aircraft, etc. or use components or parts on the aircraft, etc., unless airworthiness of the relevant aircraft, etc., components, or parts is not confirmed by a person who meets the requirements for qualification prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and has obtained the certification of qualification of an aircraft maintenance technician under subparagraph 8 of Article 35, in accordance with the methods prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where the owner, etc. have obtained confirmation of airworthiness of the aircraft, etc., components or parts from a person who meets the requirements for qualification prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in which case they have performed maintenance, etc. on the aircraft, etc., components or parts in a region other than the Republic of Korea, in which it is difficult to obtain confirmation of airworthiness, they may operate the aircraft, etc., or use components, or parts on the aircraft, etc. |
| (2) | Where the owner, etc. intend to entrust maintenance, etc. on an aircraft, etc., components, or parts to a third person, he or she shall entrust maintenance, etc. to a person who has obtained certification of Approved Maintenance Organization (AMO) referred to in Article 97 (1) or a person who has manufactured the aircraft, etc., components, or parts. |
| Article 33 (Duty to Report Failures, Defects, or Malfunctions Which Have Occurred to Aircraft) |
| (1) | Where a person who has obtained type certification, supplemental type certification, production certification, type approval of articles with technical standard order design approval, or parts manufacturer certification becomes aware that a failure, defect, or malfunction prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport of the aircraft, etc., components, or parts which he or she manufactured or for which he or she obtained certification has occurred due to a defect in the design or manufacture thereof, he or she shall report thereon to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where the owner, etc., prescribed by Presidential Decree, such as an air operator or aircraft use business entity, or a person who has obtained certification of Approved Maintenance Organization (AMO) under Article 97 (1) becomes aware that a failure, defect, or malfunction prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport has occurred during operation or maintenance of aircraft, he or she shall report thereon to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
CHAPTER IV AVIATION PERSONNEL
| Article 34 (Certification of Qualification of Aviation Personnel) |
| (1) | A person who intends to be engaged in aviation services shall obtain certification of qualification of aviation personnel (hereinafter referred to as "certification of qualification") from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That the same shall not apply to the operation of an unmanned aircraft among aviation services. |
| (2) | No person who falls under any of the following shall obtain certification of qualification: |
| 1. | Persons below the ages classified as follows: |
| (a) | Qualification of a private pilot: 17 years of age (where the certification of qualification of a private pilot is limited to a glider under Article 37, 16 years of age); |
| (b) | Qualification of a commercial pilot, multi-crew pilot, flight navigator, flight engineer, air traffic controller, or aircraft maintenance technician: 18 years of age; |
| (c) | Qualification of an airline transport pilot or flight dispatcher: 21 years of age; |
| 2. | A person subject to the revocation of certification of qualification under Article 43 (1), in whose case two years have not passed from the date of revocation (limited to cases where he or she obtains a new certification of qualification after revocation of the former certification of qualification). |
| (3) | Notwithstanding paragraphs (1) and (2), a member of the armed forces controlling aircraft at a military air base governed by the Protection of Military Bases and Installations Act may provide air traffic control services after obtaining certification of qualification from the Minister of National Defense. |
| Article 35 (Kinds of Certification of Qualification) |
Certification of qualification shall be classified as follows:
| 1. | Airline transport pilot; |
| 7. | Air traffic controller; |
| 8. | Aircraft maintenance technician; |
| Article 36 (Scope of Services) |
| (1) | The scope of services depending on the kinds of certification of qualification shall be as specified in the attached Table. |
| (2) | No person who has obtained certification of qualification shall be engaged in any services outside the scope of services depending on the kinds of certification of qualification he or she has obtained. |
| (3) | Where a person falls under any of the following, paragraphs (1) and (2) shall not apply: |
| 1. | Where he or she boards an aircraft prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and controls the flight of the aircraft (including boarding the aircraft and handling the airframe and engines thereof; hereinafter the same shall apply); |
| 2. | Where he or she boards an aircraft of a new category, class, or type and conducts a test flight, etc., in which case he or she has obtained permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 37 (Limitation on Certification of Qualification) |
| (1) | The Minister of Land, Infrastructure and Transport may place limitations on certification of qualification in accordance with the following classification: <Amended on Aug. 27, 2019> |
| 1. | In cases of qualification of an airline transport pilot, commercial pilot, private pilot, multi-crew pilot, or flight engineer: The category, class, or type of aircraft; |
| 2. | In cases of qualification of an aircraft maintenance technician: The category of aircraft or light sport aircraft and field of maintenance. |
| (2) | No aviation personnel subject to limitation on certification of qualification pursuant to paragraph (1) shall be engaged in aviation services relating to aircraft or light sport aircraft other than those with the limited category, class, or type or the field of limited maintenance. <Amended on Aug. 27, 2019> |
| (3) | Details necessary for the limitation on certification of qualification under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 38 (Implementation of and Exemption from Examination) |
| (1) | A person who intends to obtain certification of qualification shall pass a written examination and a practical examination conducted by the Minister of Land, Infrastructure and Transport concerning knowledge and competence necessary to be engaged in aviation services, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where the Minister of Land, Infrastructure and Transport places limitations on certification of qualification for each category, class, or type of aircraft or light sport aircraft (including instrument flight certification and flight training certification under Article 44) pursuant to Article 37, he or she shall review experience of flight control and maintenance of aircraft and light sport aircraft. In such cases, the limitation on the first certification of qualification regarding the category and class of aircraft or light sport aircraft may be reviewed through a practical examination. <Amended on Aug. 27, 2019> |
| (3) | The Minister of Land, Infrastructure and Transport may fully or partially exempt any of the following persons from examinations and reviews referred to in paragraphs (1) and (2), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended on Aug. 27, 2019> |
| 1. | A person who has obtained certification of qualification from a foreign government; |
| 2. | A person who has completed a course of study at an Approved Training Organization (ATO) under Article 48; |
| 3. | A person who has practical work experience, such as flight control and maintenance of aircraft or light sport aircraft; |
| (4) | The Minister of Land, Infrastructure and Transport shall issue a certificate of qualification to those who have passed a written examination and a practical examination pursuant to paragraph (1). |
| Article 39 (Implementation of Practical Examination for Certification of Qualification by Using Flight Simulators) |
| (1) | The Minister of Land, Infrastructure and Transport may conduct a practical examination referred to in Article 38 (1) by using a flight simulator designated by the Minister in lieu of an aircraft. |
| (2) | Experience of using a flight simulator designated by the Minister of Land, Infrastructure and Transport shall be deemed experience of aircraft flight control under the former part of Article 38 (2). |
| (3) | Matters necessary for the criteria for designation of a flight simulator, the recognition of flight experience, etc. under paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 40 (Aviation Medical Certification) |
| (1) | Any of the following persons shall obtain aviation medical certification for each kind of certification of qualification from the Minister of Land, Infrastructure and Transport: |
| 2. | Persons who perform air traffic control services after obtaining certification of qualification referred to in subparagraph 7 of Article 35. |
| (2) | Matters necessary for the standards and methods for and the period of validity, etc. of aviation medical certification for each kind of certification of qualification under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Where a person who intends to obtain aviation medical certification for each kind of certification of qualification under paragraph (1) meets standards for aviation medical certification for each kind of certification of qualification under paragraph (2), the Minister of Land, Infrastructure and Transport shall issue an aviation medical certificate. |
| (4) | Even though a person who intends to obtain aviation medical certification for each kind of certification of qualification under paragraph (1) fails to meet standards for aviation medical certification for each kind of certification of qualification under paragraph (2) in some aspects, the Minister of Land, Infrastructure and Transport may issue an aviation medical certificate by placing limitation on the scope of the relevant aviation services as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, if deemed necessary in consideration of the experience and competence of the person who undergoes an aviation medical examination. |
| (5) | A person dissatisfied with the results of aviation medical certification for each kind of certification of qualification referred to in paragraph (1) may file an objection with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (6) | Where the Minister of Land, Infrastructure and Transport makes a decision on an objection under paragraph (5), he or she shall notify the applicant of the details thereof without delay. |
| Article 41 (Orders to Undergo Aviation Medical Examinations) |
Where deemed especially necessary, the Minister of Land, Infrastructure and Transport may require flight crew and air traffic controllers whose aviation medical certification still remains valid to undergo an aviation medical examination referred to in Article 40.
| Article 42 (Restrictions on Performance of Aviation Services) |
A flight crew member or air traffic controller who fails to meet standards for aviation medical certification for each kind of certification of qualification referred to in Article 40 (2) shall not be engaged in aviation services (including flight practice referred to in Article 46 and air traffic control practice referred to in Article 47) even though his or her former aviation medical certification remains valid.
| Article 43 (Revocation of Certification of Qualification or Aviation Medical Certification) |
| (1) | Where aviation personnel fall under any of the following cases, the Minister of Land, Infrastructure and Transport may revoke their certification of qualification or the limitation on certification of qualification (hereafter in this Article referred to as "certification of qualification, etc.") or issue an order to suspend the effect of the certification of qualification, etc. for a specified period not exceeding one year: Provided, That where they fall under subparagraph 1 or 31, the Minister of Land, Infrastructure and Transport shall revoke the relevant certification of qualification, etc.: <Amended on Aug. 27, 2019; Jun. 9, 2020; Dec. 8, 2020> |
| 1. | Where he or she has obtained certification of qualification, etc. by fraud or other improper means; |
| 2. | Where he or she is sentenced to a fine or heavier punishment for violating this Act; |
| 3. | Where he or she causes casualties or damage to property because he or she causes an aircraft accident by intent or gross negligence in the course of performing aviation services as aviation personnel; |
| 4. | Where aviation personnel who check the maintenance, etc. pursuant to the main clause of Article 32 (1) fail to check airworthiness in accordance with the methods prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 5. | Where he or she is engaged in services outside the scope of services based on the kinds of certification of qualification, in violation of Article 36 (2); |
| 6. | Where aviation personnel, who are subject to limitation on certification of qualification, are engaged in aviation services other than the limited category, class, or type of aircraft or light sport aircraft, or the field of limited maintenance, in violation of Article 37 (2); |
| 7. | Where he or she is engaged in aviation services (including flight practice under Article 46 and air traffic control practice under Article 47; hereafter the same shall apply in subparagraphs 8, 13, 14, and 16 of this paragraph) without aviation medical certification, in violation of Article 40 (1) (including cases where it is applied mutatis mutandis in Articles 46 (4) and 47 (4)); |
| 8. | Where a flight crew member or air traffic controller who fails to meet standards for aviation medical certification for each kind of certification of qualification under Article 40 (2) is engaged in aviation services, in violation of Article 42; |
| 9. | Where he or she conducts instrument flight or flies an aircraft by reference to instruments without obtaining instrument flight certification, in violation of Article 44 (1); |
| 10. | Where he or she conducts flight training without obtaining flight instructor certification, in violation of Article 44 (2); |
| 11. | Where he or she is engaged in duties falling under any subparagraph of Article 45 (1) without obtaining certification of proficiency in aviation English, in violation of Article 45 (1); |
| 12. | Where he or she controls the flight of an aircraft falling under any subparagraph of Article 55 or is engaged in duties, such as instrument flight, night flight, or flight training under Article 44 (2) without flight experience prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in violation of Article 55; |
| 13. | Where he or she is engaged in aviation services while being unable to normally perform aviation services under the influence of alcohol, etc., in violation of Article 57 (1); |
| 14. | Where he or she consumes or uses any alcoholic beverage, etc. referred to in Article 57 (1) while being engaged in aviation services, in violation of Article 57 (2); |
| 15. | Where he or she fails to comply with a request to undergo a breath test to determine whether he or she has consumed or used any alcohol, etc. referred to in Article 57 (1), in violation of Article 57 (3); |
| 15-2. | Where he or she smokes on an aircraft, in violation of Article 57-2; |
| 16. | Where he or she causes a serious incident, incident, or aviation safety hazard referred to in Article 61 (1) by intent or gross negligence when performing aviation services; |
| 17. | Where he or she fails to perform the duties as a pilot in command referred to in Article 62 (2) or (4) through (6); |
| 18. | Where a pilot operates an aircraft without obtaining recognition or undergoing review of qualification for the operation thereof, in violation of Article 63; |
| 19. | Where the pilot in command takes off an aircraft or modifies a flight plan without approval from a flight dispatcher, in violation of Article 65 (2); |
| 20. | Where he or she performs the takeoff from or landing at an area other than takeoff and landing areas, in violation of Article 66; |
| 21. | Where he or she controls the flight of an aircraft without complying with flight rules, in violation of Article 67 (1); |
| 22. | Where he or she controls the flight of an aircraft or performs an act falling under any subparagraph of Article 68, in violation of the same Article; |
| 23. | Where he or she transports dangerous goods without permission, in violation of Article 70 (1); |
| 24. | Where he or she performs aviation services, in violation of Article 76 (2); |
| 25. | Where he or she controls the flight of an aircraft or performs the duties without conforming to the flight technology standards referred to in Article 77 (1), in violation of Article 77 (2); |
| 26. | Where he or she controls the flight of an aircraft in non-controlled airspace or warning airspace without adhering to the flight methods and procedures determined and publicly announced by the Minister of Land, Infrastructure and Transport, in violation of Article 79 (1); |
| 27. | Where he or she controls the flight of an aircraft in regulatory airspace without obtaining permission from or adhering to the flight methods and procedures determined by the Minister of Land, Infrastructure and Transport, in violation of Article 79 (2); |
| 28. | Where he or she fails to adhere to the timing and procedures for moving, takeoff, and landing, and the method of controlling the flight of an aircraft instructed by the Minister of Land, Infrastructure and Transport or a person who has obtained air traffic services certification, in violation of Article 84 (1); |
| 29. | Where he or she controls the flight of an aircraft or performs the duties without conforming to operation standards, in violation of Article 90 (4) (including cases where it is applied mutatis mutandis in Article 96 (1)); |
| 30. | Where he or she performs the duties without conforming to regulations for aircraft operation or regulations for aircraft maintenance, in violation of the latter part of Article 93 (7) (including cases where it is applied mutatis mutandis in Article 96 (2)); |
| 30-2. | Where aviation personnel who confirm the maintenance of light sport aircraft or the components or parts thereof pursuant to the main clause of Article 108 (4) fail to confirm such maintenance in accordance with the method prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 31. | Where he or she is engaged in aviation services during the period of suspension, in violation of an order to suspend the certification of qualification, etc., under this Article. |
| (2) | Where aviation personnel fall under any of the following, the Minister of Land, Infrastructure and Transport may revoke their aviation medical certification or issue an order to suspend the effect of aviation medical certification for a specified period not exceeding one year: Provided, That where they fall under subparagraph 1, the Minister of Land, Infrastructure and Transport shall revoke their aviation medical certification: |
| 1. | Where he or she has obtained aviation medical certification by fraud or other improper means; |
| 2. | Where he or she falls under any of paragraph (1) 13 through 15; |
| 3. | Where he or she deems inappropriate to perform aviation services because he or she fails to meet standards for aviation medical certification for each kind of certification of qualification referred to in Article 40 (2); |
| 4. | Where he or she fails to comply with an order to undergo an aviation medical examination referred to in Article 41; |
| 5. | Where he or she is engaged in aviation services, in violation of Article 42; |
| 6. | Where he or she is engaged in aviation services without carrying an aviation medical certificate, in violation of Article 76 (2). |
| (3) | Where a person who applies for an examination for certification of qualification, etc., undergoes the review thereof, or undergoes an aviation medical examination cheats on the examination, review, or aviation medical examination, he or she shall not apply for the examination for certification of qualification, etc. under this Act, undergo the review thereof, or undergo the aviation medical examination under this Act for two years from the date he or she cheated on the examination, review, or aviation medical examination, respectively. |
| (4) | Criteria and procedures for making dispositions referred to in paragraphs (1) and (2) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 44 (Instrument Flight Certification and Flight Instructor Certification) |
| (1) | Where a person who has obtained certification of qualification as an airline transport pilot (only applicable to where he or she manipulates the helicopter flight controls), commercial pilot, private pilot, or multi-crew pilot intends to conduct the following flight with the category of aircraft he or she may use, he or she shall obtain instrument flight certification from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| 2. | Flight by reference to instruments. |
| (2) | A person who intends to provide flight training for persons who undergo the following flight practice shall obtain flight instructor certification separately for each category and each class of aircraft from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in consideration of flight hours: <Amended on Oct. 24, 2017> |
| 1. | Flight practice which a person who has not yet obtained certification of qualification under subparagraphs 1 through 4 of Article 35 undergoes on board an aircraft (excluding aircraft prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport pursuant to Article 36 (3)); |
| 2. | Flight practice which a person who has obtained certification of qualification under subparagraphs 1 through 4 of Article 35 undergoes on board an aircraft other than the category of aircraft limited pursuant to Article 37 regarding the relevant certification of qualification. |
| (3) | Matters necessary for flight instructor certification under paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | Articles 38 and 43 (1) and (3) shall apply mutatis mutandis to examinations for instrument flight certification under paragraph (1) and for flight instructor certification under paragraph (2), the revocation thereof, etc. |
| Article 45 (Certification of Proficiency in Aviation English) |
| (1) | A person who intends to be engaged in any of the following duties shall obtain certification of proficiency in aviation English from the Minister of Land, Infrastructure and Transport: |
| 1. | Controlling the flight of an aircraft operating between at least two countries; |
| 2. | Air traffic control for an aircraft operating between at least two countries; |
| (2) | Matters necessary for the implementation of an examination for certification of proficiency in aviation English (hereinafter referred to as "certification of proficiency in aviation English") referred to in paragraph (1), ratings of certification, acceptance criteria by rating, the period of validity by rating, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Where a person who intends to obtain certification of proficiency in aviation English meets acceptance criteria by rating under paragraph (2), the Minister of Land, Infrastructure and Transport shall issue a certificate of proficiency in aviation English, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | Notwithstanding paragraph (3), where a person who intends to obtain certification of proficiency in aviation English, who performs air traffic control services after obtaining certification of qualification from the Minister of National Defense pursuant to Article 34 (3), meets acceptance criteria by rating under paragraph (2), the Minister of National Defense may issue a certificate of proficiency in aviation English. |
| (5) | A person who has obtained certification of proficiency in aviation English from a foreign government shall be exempt from an examination for certification of proficiency in aviation English referred to in paragraph (2) within the period of validity by relevant rating. |
| (6) | Article 43 (1) 1 and (3) shall apply mutatis mutandis to the revocation, etc. of certification of proficiency in aviation English. In such cases, "certification of qualification, etc." shall be construed as "certification of proficiency in aviation English." |
| Article 46 (Flight Practice) |
| (1) | Articles 36 (1) and (2), and 37 (2) shall not apply to pilotage for the following flight practice: |
| 1. | Flight practice which a person who has obtained certification of qualification under subparagraphs 1 through 4 of Article 35 and aviation medical certification under Article 40 undergoes on board an aircraft other than the limited class or type (only applicable to the aircraft of the limited category), which is conducted under the supervision of a person who has obtained the certification of qualification that enables him or her to control the flight of the aircraft, and aviation medical certification (including a person designated by the Minister of Land, Infrastructure and Transport because he or she deems that the person has knowledge and ability to control the flight of the aircraft); |
| 2. | Flight practice referred to in Article 44 (2) 1, which is conducted under the supervision of a person who has obtained permission for flight practice and flight instructor certification from the Minister of Land, Infrastructure and Transport; |
| 3. | Flight practice under Article 44 (2) 2, which is conducted under the supervision of a person who has obtained flight instructor certification. |
| (2) | Where the Minister of Land, Infrastructure and Transport receives an application for permission for flight practice under paragraph (1) 2, in which case he or she deems that an applicant has the ability necessary to undergo flight practice, he or she shall permit the flight practice, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Permission under paragraph (1) 2 shall be granted by issuing a flight practice permit to an applicant. |
| (4) | Articles 40 through 43 shall apply mutatis mutandis to aviation medical certification of a person who has obtained permission under paragraph (1) 2, the revocation of permission, etc. |
| (5) | Where a person who has received a flight practice permit referred to in paragraph (3) undergoes flight practice, he or she shall carry a flight practice permit and an aviation medical certificate. |
| Article 47 (Air Traffic Control Practice) |
| (1) | A person who has failed to obtain certification of qualification of air traffic controller under subparagraph 7 of Article 35 intends to undergo air traffic control practice (hereinafter referred to as "air traffic control practice"), he or she shall obtain permission for air traffic control practice from the Minister of Land, Infrastructure and Transport and undergo air traffic control practice under the supervision of a person who meets the requirements for qualification prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where the Minister of Land, Infrastructure and Transport receives an application for permission for air traffic control practice referred to in paragraph (1), in which case he or she deems that an applicant has the ability necessary to undergo air traffic control practice, he or she shall permit the applicant to undergo air traffic control practice, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Permission for air traffic control practice referred to in paragraph (1) shall be granted by issuing an air traffic control practice permit to an applicant. |
| (4) | Articles 40 through 43 shall apply mutatis mutandis to aviation medical certification of a person who has obtained permission to undergo air traffic control practice under paragraph (1), the revocation of such permission, etc. |
| (5) | Where a person who has received an air traffic control practice permit under paragraph (3) undergoes air traffic control practice, he or she shall carry an air traffic control practice permit and an aviation medical certificate. |
| Article 48 (Designation of Approved Training Organization) |
| (1) | Any person who intends to train aviation personnel may obtain designation as an Approved Training Organization (ATO) for aviation personnel (hereinafter referred to as "Approved Training Organization") from the Minister of Land, Infrastructure and Transport: Provided, That a person who intends to train the aviation personnel referred to in subparagraphs 1 through 3 of Article 35 shall obtain designation as an Approved Training Organization. |
| (2) | Any person who intends to obtain designation as an Approved Training Organization under paragraph (1) shall have an educational and training system that complies with the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as "the standards for designation as Approved Training Organizations") regarding curricula, teaching methods, human resources, facilities, equipment, etc. |
| (3) | When the Minister of Land, Infrastructure and Transport designates an Approved Training Organization, he or she shall provide a person designated as an Approved Training Organization with guidelines for the operation of training programs, describing the matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport therein, including curricula, the prescribed number and qualifications of instructors and the method of evaluating training programs, along with the certificate of designation as an Approved Training Organization. |
| (4) | If the Minister of Land, Infrastructure and Transport determines that it is necessary to ensure safety in conducting educational and training programs, he or she may amend guidelines for the operation of training programs under paragraph (3), ex officio or at the request of an Approved Training Organization. |
| (5) | A person designated as an Approved Training Organization shall comply with guidelines for the operation of training programs under paragraph (3) or such guidelines amended under paragraph (4). |
| (6) | A person designated as an Approved Training Organization shall continuously maintain its educational and training system in accordance with guidelines for the operation of training programs and shall undergo an inspection conducted by the Minister of Land, Infrastructure and Transport, whenever the educational and training system is changed due to any new educational course, etc. being established. |
| (7) | The Minister of Land, Infrastructure and Transport shall regularly or occasionally inspect persons designated as Approved Training Organizations to ensure that they maintain their educational and training systems. |
| (8) | The Minister of Land, Infrastructure and Transport may fully or partially subsidize Approved Training Organizations, within the budget, for expenses incurred to them in training aviation personnel necessary for air transport services. |
| (9) | The Minister of Land, Infrastructure and Transport may establish and implement a system for providing people with information on aviation education and training and for ensuring systematic management of institutions for aviation education and training, including Approved Training Organizations (hereinafter referred to as the "integrated management system for aviation education and training"). |
| (10) | The Minister of Land, Infrastructure and Transport may request air operators defined in subparagraph 35 of Article 2 of the Aviation Business Act, institutions for aviation educations or others to provide data or information necessary to establish and implement the integrated management system for aviation education and training. In such cases, those requested to provide data or information shall comply with such request without good cause. |
[This Article Wholly Amended on Oct. 24, 2017]
| Article 48-2 (Revocation of Designation of Approved Training Organizations) |
| (1) | Where a person designated as an Approved Training Organization falls under any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the designation thereof or may order it to suspend its business operations for a specified period not exceeding six months: Provided, That in cases falling under subparagraph 1 or 8, the Minister of Land, Infrastructure and Transport shall revoke the designation thereof: |
| 1. | Where the person has been designated as an Approved Training Organization by fraud or other improper means; |
| 2. | Where the person breaches the standards for designation as Approved Training Organizations, without any justification; |
| 3. | Where the person fails to comply with the guidelines for the operation of training programs, without just grounds, in violation of Article 48 (5); |
| 4. | Where the person fails to comply with a request from the Minister of Land, Infrastructure and Transport to provide data or information under Article 48 (10), without just grounds; |
| 5. | Where the person fails to establish an educational course within two years since designation as an Approved Training Organization; |
| 6. | Where the person has caused an aviation accident by intent or gross negligence or where the person's failure to fulfill the duty of due care in managing and supervising aviation personnel results in an aviation accident; |
| 7. | Where the person's violation of Article 58 (2) falls under any of the following cases: |
| (a) | Where the person fails to prepare an aviation safety management system before commencing business operations; |
| (b) | Where the person operates the aviation safety management system without approval; |
| (c) | Where the person operates the aviation safety management system in any manner different from the approved manner; |
| (d) | Where the person changes any of the essential elements prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, without approval; |
| 8. | Where the person continues business operations during business suspension under the main clause of this paragraph. |
| (2) | Detailed criteria and procedures for making dispositions under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Oct. 24, 2017]
| Article 48-3 (Imposition of Penalty Surcharges upon Persons Designated as Approved Training Organizations) |
| (1) | Where any person designated as an Approved Training Organization is subject to business suspension for falling under any of subparagraphs 2 through 7 of Article 48-2, the Minister of Land, Infrastructure and Transport may impose a penalty surcharge not exceeding one billion won, in lieu of issuing the order to suspend its business operations, if such suspension is likely to cause grave inconvenience to users of the Approved Training Organization, etc. or is likely to harm public interest. |
| (2) | Specific guidelines and procedures for the imposition of penalty surcharges under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | If any person obligated to pay a penalty surcharge under paragraph (1) fails to pay the penalty surcharge by the deadline, the Minister of Land, Infrastructure and Transport shall collect it in the same manner as delinquent national taxes are collected. |
[This Article Newly Inserted on Oct. 24, 2017]
| Article 49 (Designation of Aviation Medical Examiners) |
| (1) | In order to conduct aviation medical examinations for each kind of certification of qualification under Article 40 in an efficient and professional manner, the Minister of Land, Infrastructure and Transport may designate physicians who have received professional training about aviation medicine (hereinafter referred to as "aviation medical examiner") and require them to perform services concerning aviation medical certification under Article 40 on his or her behalf, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Criteria for designation of an aviation medical examiner, such as the record of completion of training and his or her career, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Aviation medical examiners shall receive professional training provided by the Minister of Land, Infrastructure and Transport on a regular basis, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 50 (Revocation of Designation of Aviation Medical Examiners) |
| (1) | Where an aviation medical examiner falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke the designation thereof or issue an order to suspend the effect of the designation thereof for a specified period not exceeding one year: Provided, That where he or she falls under any of subparagraph 1, 3, 4 or 6 through 8, the Minister of Land, Infrastructure and Transport shall revoke the designation thereof: |
| 1. | Where he or she has been designated as an aviation medical examiner by fraud or other improper means; |
| 2. | Where the aviation medical examiner negligently performs services prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as the issuance of aviation medical certificates referred to in Article 40; |
| 3. | Where he or she performs services concerning aviation medical certification referred to in Article 40 during the period of suspension of the effect of designation as the aviation medical examiner referred to in this Article; |
| 4. | Where the aviation medical examiner fails to meet the criteria for designation referred to in Article 49 (2); |
| 5. | Where the aviation medical examiner fails to receive professional training referred to in Article 49 (3); |
| 6. | Where the aviation medical examiner issues a wrong aviation medical certificate by intent or gross negligence; |
| 8. | Where the aviation medical examiner requests the Minister of Land, Infrastructure and Transport to revoke the designation. |
| (2) | Criteria and procedures for making dispositions referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
CHAPTER V FLIGHT OF AIRCRAFT
| Article 51 (Duty to Install and Operate Radio Equipment) |
A person who intends to operate an aircraft or the owner thereof, etc. shall install and operate radio equipment prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as an emergency position indicating radio beacon and secondary surveillance radar transponder in the relevant aircraft.
| Article 52 (Installation, Loading and Operation of Flight Instruments) |
| (1) | A person who intends to operate an aircraft or the owner thereof, etc. shall install flight instruments and equipment or load documents, first aid kits, etc. (hereinafter referred to as "flight instruments, etc.") necessary for the safe flight of the aircraft in the relevant aircraft and operate those instruments. In such cases, equipment necessary for accident prevention and safe flight may be additionally installed in an airplane whose maximum takeoff weight exceeds 600 kilograms but does not exceed 5,700 kilograms. <Amended on Jan. 17, 2017> |
| (2) | Aircraft in which flight instruments, etc. should be installed or loaded pursuant to paragraph (1), the kinds of flight instruments, and necessary matters concerning standards for installation and loading, methods of the operation thereof, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 53 (Aircraft Fuel) |
Neither a person who intends to operate an aircraft nor the owner thereof, etc. shall operate the aircraft without loading the amount of fuel prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport on the aircraft.
| Article 54 (Beacon of Aircraft) |
A person who controls the flight of an aircraft or parks an aircraft at an airport at night (referring to the period of time between the sunset and the sunrise; hereinafter the same shall apply) shall indicate the position of the aircraft using a beacon, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
| Article 55 (Flight Experience of Flight Crew Members) |
A flight crew member who intends to operate any of the following aircraft, to conduct an instrument flight or night flight, or to be engaged in flight training services under Article 44 (2) shall have flight experience (including flight experience he or she has acquired using a flight simulator) prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: | 1. | Aircraft used for air transport services or aircraft use business; |
| 2. | Aircraft meeting the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as the weight of aircraft and the number of passenger seats, which are used for international flight operations (hereinafter referred to as "aircraft for international flight operations"). |
| Article 56 (Aircrew Fatigue Management) |
| (1) | An air operator, an aircraft use business entity, or the owner, etc. of an aircraft for international flight operation shall manage the fatigue of flight crew and cabin crew (hereinafter referred to as "aircrew") and flight dispatchers belonging thereto by at least one of the following methods: <Amended on Dec. 8, 2020> |
| 1. | Complying with standards to restrict hours on board, working hours on board, working hours, etc. (hereafter in this Article referred to as "hours on board, etc.") of aircrew or working hours of flight dispatchers, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 2. | Building and operating a fatigue risk management system. |
| (2) | Where an air operator, an aircraft use business entity, or the owner, etc. of an aircraft for international flight operation intend to build and operate a fatigue risk management system, he or she shall operate the fatigue risk management system after obtaining approval from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. The same shall also apply to change of any important matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport among the matters approved. |
| (3) | Where an air operator, an aircraft use business entity, or the owner, etc. of an aircraft for international flight operation manage the fatigue of aircrew or flight dispatchers pursuant to paragraph (1) 1, he or she shall keep records on hours on board, etc. of aircrew for at least 15 months. <Amended on Dec. 8, 2020> |
[Title Amended on Dec. 8, 2020]
| Article 57 (Restrictions on Consumption or Use of Alcohol) |
| (1) | Neither aviation personnel (including a person who undergoes flight practice referred to in Article 46 and a person who undergoes air traffic control practice referred to in Article 47; hereafter in this Article the same shall apply) nor cabin crew members shall be engaged in aviation services or the duties of cabin crew where they are unable to normally perform aviation services (including flight practice referred to in Article 46 and air traffic control practice referred to in Article 47; hereafter in this Article the same shall apply) or the duties of cabin crew under the influence of alcohol referred to in subparagraph 1 of Article 3 of the Liquor Tax Act, narcotics referred to in subparagraph 1 of Article 2 of the Narcotics Control Act, or hallucinogens, etc. referred to in Article 22 (1) of the Chemical Substances Control Act (hereinafter referred to as "alcohol, etc."). |
| (2) | Neither aviation personnel nor cabin crew members shall consume or use alcohol, etc., while being engaged in aviation services or the duties of cabin crew. |
| (3) | Where the Minister of Land, Infrastructure and Transport deems it necessary for aviation safety and hazard prevention or has any reasonable cause to deem that aviation personnel or cabin crew members were engaged in aviation services or the duties of cabin crew, in violation of paragraph (1) or (2), the Minister of Land, Infrastructure and Transport may conduct a test to determine whether the aviation personnel or cabin crew members consumed or used any alcohol, etc., by using a breathalyzer test, etc., and the aviation personnel or cabin crew members shall comply with such test. <Amended on Jun. 9, 2020> |
| (4) | Where the aviation personnel or the cabin crew members have an objection to the outcomes of the test under paragraph (3), the Minister of Land, Infrastructure and Transport may conduct another test to determine whether they consumed or used alcohol, etc., by collecting blood or conducting a urine test upon obtaining their consent. |
| (5) | The criteria for determination that aviation personnel or cabin crew members are unable to normally perform aviation services or the duties of cabin crew under the influence of alcohol, etc. shall be as follows: |
| 1. | Where a blood alcohol content is at least 0.02 percent due to consumption of any beverage containing alcohol; |
| (6) | Kinds of alcohol, etc., detailed procedures necessary for the measurement thereof, and matters necessary for the management, etc. of records of measurement shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport pursuant to paragraphs (1) through (5). |
| Article 57-2 (Prohibition against Smoking on Aircraft) |
Aviation personnel (including persons who undergo flight practice under Article 46) and cabin crew shall not smoke on aircraft while being engaged in aviation services or the duties of cabin crew. [This Article Newly Inserted on Dec. 8, 2020]
| Article 58 (National Aviation Safety Program) |
| (1) | The Minister of Land, Infrastructure and Transport shall develop and publicly notify an aviation safety program including the following: <Amended on Aug. 27, 2019> |
| 1. | Aviation safety policy, objectives to be attained, and organization systems; |
| 2. | Management of aviation safety risks; |
| 3. | Aviation safety assurance; |
| 4. | Aviation safety promotion; |
| 5. | Deleted; <Aug. 27, 2019> |
| 6. | Deleted. <Aug. 27, 2019> |
| (2) | Any of the following persons shall develop an aviation safety management system to prevent aircraft accidents, etc., and ensure flight safety in accordance with an aviation safety program under paragraph (1) before commencing production, training, operation, or business, and shall operate the aviation safety management system after obtaining approval from the Minister of Land, Infrastructure and Transport. The same shall also apply to change of any important matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport among the matters approved: <Amended on Oct. 24, 2017; Aug. 27, 2019> |
| 1. | A person who has obtained type certification, supplemental type certification, production certification, type approval of articles with technical standard order design approval, or parts manufacturer certification; |
| 2. | An Approved Training Organization (ATO) designated pursuant to the proviso of Article 48 (1) to train aviation personnel under subparagraphs 1 through 4 of Article 35; |
| 3. | A person who has obtained air traffic services certification; |
| 4. | An air operator or aircraft use business entity who has obtained an air operator certificate (AOC) under Article 90 (including cases applied mutatis mutandis under Article 96 (1)); |
| 5. | An aircraft maintenance service provider who has obtained certification of Approved Maintenance Organization (AMO) under Article 97 (1); |
| 8. | A person who owns or leases an aircraft for international flight operations under subparagraph 2 of Article 55, and thus has a right to use such aircraft. |
| (3) | The Minister of Land, Infrastructure and Transport shall establish and operate an aviation safety management system concerning the relevant duties in accordance with an aviation safety program under paragraph (1) in order to perform his or her duties in a systematic manner pursuant to paragraphs (1) through (3) of Article 83. |
| (4) | An air operator under paragraph (2) 4 that is prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport shall prepare a flight data analysis program including the following matters when establishing an aviation safety management system: <Newly Inserted on Aug. 27, 2019> |
| 1. | Procedures for the installation and operation of equipment capable of collecting flight data; |
| 2. | Matters concerning the protection and utilization of flight data and the results of analyzing such data; |
| 3. | Other matters publicly notified by the Minister of Land, Infrastructure and Transport, such as the preservation of flight data and the requirements for quality management. |
| (5) | Where the Minister of Land, Infrastructure and Transport or a person who shall develop an aviation safety management system pursuant to paragraph (2) 3 intends to perform air traffic control services using radar among air traffic control services under Article 83 (1), he or she shall include the following in the aviation safety management system: <Newly Inserted on Aug. 27, 2019> |
| 1. | Procedures for the installation and operation of equipment capable of collecting radar data; |
| 2. | Matters concerning the protection and utilization of radar data and the results of analyzing such data. |
| (6) | An air operator under paragraph (4) or a person who performs air traffic control services using radar pursuant to paragraph (5) shall use the data collected pursuant to paragraph (4) or (5) and the results of analyzing such data only for the purposes of preventing aircraft accidents, etc. and ensuring aviation safety, and shall not dismiss, transfer, reprimand, unjustly treat related persons, or give any disadvantage to them in relation to their status or treatment on the grounds of such results. <Newly Inserted on Aug. 27, 2019> |
| (7) | Except as provided in paragraphs (1) through (3), the following matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended on Aug. 27, 2019> |
| 1. | Matters necessary for developing an aviation safety program referred to in paragraph (1); |
| 2. | Matters to be included in an aviation safety management system referred to in paragraph (2), and matters necessary for approval criteria for the aviation safety management system and for establishment and operation thereof; |
| 3. | Matters necessary for establishing and operating the aviation safety management system concerning the duties referred to in paragraph (3). |
[Title Amended on Aug. 27, 2019]
| Article 59 (Mandatory Aviation Safety Reporting) |
| (1) | A relevant person, such as aviation personnel, who have caused any aircraft accident, serious incident, or incident prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as "incident subject to mandatory reporting) or who have become aware of the occurrence of any aircraft accident, serious incident, or incident subject to mandatory reporting shall report the fact to the Minister of Land, Infrastructure and Transport: Provided, That a report filed with the Minister of Land, Infrastructure and Transport on the occurrence of a failure, defect, or malfunction pursuant to Article 33 shall be deemed a report filed under this Article. <Amended on Aug. 27, 2019> |
| (2) | The Minister of Land, Infrastructure and Transport shall not provide any third party with the details received through reporting under paragraph (1) (hereinafter referred to as "mandatory aviation safety reporting") nor disclose them to the general public, except as provided in this Act. <Newly Inserted on Aug. 27, 2019> |
| (3) | No person shall dismiss, transfer, reprimand, or unjustly treat a person who has made mandatory aviation safety reporting or give any disadvantage to him or her in relation to his or her status or treatment on the grounds of the mandatory reporting. <Newly Inserted on Aug. 27, 2019> |
| (4) | The scope of relevant persons, such as aviation personnel referred to in paragraph (1), matters to be included in reports, and timing, methods, and procedures for reporting shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Aug. 27, 2019> |
| Article 60 (Fact-Finding Investigation) |
| (1) | Where the Minister of Land, Infrastructure and Transport receives a report pursuant to Article 59 (1), 120 (2), or 129 (3) or becomes aware of the occurrence of an aircraft accident, serious incident, or incident subject to mandatory reporting without receiving a report pursuant to Article 59 (1), 120 (2), or 129 (3), he or she may conduct an investigation to verify the relevant facts, violations of this Act, and other matters. <Amended on Aug. 27, 2019; Jun. 9, 2020> |
| (2) | Where a report on an incident subject to mandatory reporting is filed under Article 33 or 59 (1), the Minister of Land, Infrastructure and Transport need not take an administrative disposition under this Act and the Airport Facilities Act: Provided, That the same shall not apply where an investigation conducted under paragraph (1) finds that an incident subject to mandatory reporting is caused by intent or gross negligence. <Newly Inserted on Aug. 27, 2019> |
| (3) | Article 132 (2) and (4) through (9) shall apply mutatis mutandis to procedures, methods, etc. for conducting fact-finding investigations referred to in paragraph (1). <Amended on Aug. 27, 2019> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for conducting fact-finding investigations shall be determined by the Minister of Land, Infrastructure and Transport. <Newly Inserted on Aug. 27, 2019> |
| Article 61 (Voluntary Aviation Safety Reporting) |
| (1) | Where any person causes or becomes aware of any incident other than an incident subject to mandatory reporting under Article 59 (1) (hereinafter referred to as "incident subject to voluntary reporting") or becomes aware or suspects that any aviation safety hazard is caused, he or she may report such fact to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Aug. 27, 2019> |
| (2) | The Minister of Land, Infrastructure and Transport shall not provide any third party with the details received through reporting under paragraph (1) (hereinafter referred to as "voluntary aviation safety reporting") nor disclose them to the general public, except as provided in this Act. <Amended on Aug. 27, 2019> |
| (3) | No person shall dismiss, transfer, reprimand, or unjustly treat a person who has made voluntary aviation safety reporting or give any disadvantage to him or her in relation to his or her status or treatment on the grounds of the voluntary reporting. |
| (4) | Where a person who causes any incident subject to voluntary reporting or aviation safety hazard makes voluntary aviation safety reporting within 10 days from the date such incident or aviation safety hazard is caused, the Minister of Land, Infrastructure and Transport shall not make a disposition under this Act or the Airport Facilities Act, unless such person causes the incident or aviation safety hazard by intent or gross negligence. <Amended on Aug. 27, 2019; Jun. 9, 2020> |
| (5) | Except as provided in paragraphs (1) through (4), matters to be included in voluntary aviation safety reporting, and the methods, procedures, etc. for reporting shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 61-2 (System for Collecting and Processing Aviation Safety Data) |
| (1) | The Minister of Land, Infrastructure and Transport may establish and operate a system to electronically process the collection, storage, integration, analysis, etc. of aviation safety data and aviation safety information (hereinafter referred to as "aviation safety data, etc.") to enhance aviation safety (hereinafter referred to as "integrated system for collection and analysis of aviation safety data"). |
| (2) | Where deemed necessary, the Minister of Land, Infrastructure and Transport may entrust the operation of an integrated system for collection and analysis of aviation safety data to a relevant specialized institution, as prescribed by Presidential Decree. |
| (3) | The Minister of Land, Infrastructure and Transport may determine and publicly notify standards for operating an integrated system for collection and analysis of aviation safety data including the following for its operation: |
| 1. | Procedures for collecting, storing, and analyzing aviation safety data, etc.; |
| 2. | Methods of and procedures for sharing analysis results with institutions that provide aviation safety data, etc.; |
| 3. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport as necessary for operating the integrated system for collection and analysis of aviation safety data. |
[This Article Newly Inserted on Aug. 27, 2019]
| Article 61-3 (Protection of Personal Information in Aviation Safety Data) |
The Minister of Land, Infrastructure and Transport or a specialized institution entrusted with the operation of an integrated system for collection and analysis of aviation safety data pursuant to Article 61-2 (2) shall use the aviation safety data, etc. collected, stored, and analyzed pursuant to paragraph (1) of the same Article only for the purposes of maintaining and promoting aviation safety and, in such cases, shall devise and implement a policy to protect personal information defined in subparagraph 1 of Article 2 of the Personal Information Protection Act. [This Article Newly Inserted on Aug. 27, 2019]
| Article 62 (Authority of Pilot in Command) |
| (1) | A person responsible for safe flight of an aircraft (hereinafter referred to as "pilot in command") shall direct and supervise the aircrew of the aircraft. |
| (2) | No pilot in command shall take off an aircraft unless he or she confirms that preparation necessary for the flight of an aircraft has been completed, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Where the pilot in command deems that any hazard has occurred or is likely to occur to the aircraft or passengers aboard, he or she may order passengers aboard the aircraft to abide by the method of evacuation and other necessary matters concerning safety. |
| (4) | Where any hazard occurs to the aircraft during flight, the pilot in command shall rescue passengers and prepare measures necessary to prevent any hazard to people or articles on the ground or waters and shall not leave the aircraft unless he or she has evacuated passengers and other persons aboard from the aircraft. |
| (5) | In cases of any aircraft accident, serious incident, or incident subject to mandatory reporting, the pilot in command shall report the fact to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where the pilot in command is unable to report the fact, the owner, etc. of the aircraft shall report it. <Amended on Aug. 27, 2019> |
| (6) | Where the pilot in command becomes aware that any aircraft accident, serious incident, or incident subject to mandatory reporting takes place in other aircraft, he or she shall report the fact to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That the same shall not apply where he or she becomes aware of the fact through radio equipment. <Amended on Aug. 27, 2019> |
| (7) | Where any interested party, such as aviation personnel, files reports pursuant to Article 59 (1), the main clause of paragraph (5) and the main clause of paragraph (6) shall not apply. |
| Article 63 (Operational Qualification for Pilots in command) |
| (1) | The pilot in command of any of the following aircraft shall obtain operational qualification concerning his or her knowledge and ability, and a pilot other than the pilot in command shall obtain operational qualification concerning his or her ability from the Minister of Land, Infrastructure and Transport: |
| 1. | Aircraft used for air transport services; |
| 2. | Aircraft used for services prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport among aircraft used for aircraft use business; |
| 3. | Aircraft for international flight operations. |
| (2) | The Minister of Land, Infrastructure and Transport shall review on a regular basis whether persons who have obtained operational qualification referred to in paragraph (1) have knowledge and ability, and where he or she deems it especially necessary, he or she may examine whether they have knowledge or ability at any time. |
| (3) | Where a person who has obtained operational qualification referred to in paragraph (1) fails to undergo an examination referred to in paragraph (2) or fails to pass the examination, the Minister of Land, Infrastructure and Transport shall revoke the operational qualification thereof. |
| (4) | Where the Minister of Land, Infrastructure and Transport deems it necessary, he or she may require an air operator or aircraft use business entity to give the operational qualification referred to in paragraph (1) or conduct an examination referred to in paragraph (2) of the pilot in command belonging thereto or other pilots. |
| (5) | The pilot in command or other pilots who have obtained operational qualification or passed the examination pursuant to paragraph (4) shall be deemed to have obtained operational qualification under paragraph (1) and undergone examination referred to in paragraph (2). In such cases, paragraph (3) shall apply mutatis mutandis thereto. |
| (6) | Notwithstanding paragraph (4), where the Minister of Land, Infrastructure and Transport deems it necessary, he or she may conduct examinations referred to in paragraph (2) of the pilot in command or other pilots, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (7) | The pilot in command of an aircraft engaged in air transport services shall meet requirements for experience in a region where he or she intends to operate the aircraft, airway, and airport (only applicable to experience in the region, airway, and airport prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport). |
| (8) | Matters necessary for the operational qualification, examination, requirements for experience, etc. referred to in paragraphs (1) through (7) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 64 (Examination of Pilots’ Operational Qualification Using Flight Simulator) |
With regard to matters that the Minister of Land, Infrastructure and Transport has difficulty in granting the operational qualification or conducting examination under Article 63 by using an aircraft, such as emergency measures, he or she may grant the operational qualification or conduct examination referred to in Article 63 by using a flight simulator designated by the Minister pursuant to Article 39 (3).
| Article 65 (Flight Dispatcher) |
| (1) | An air operator and the owner, etc. of aircraft for international flight operations shall employ flight dispatchers, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where the pilot in command of an aircraft operated by a person who should employ a flight dispatcher pursuant to paragraph (1) intends to takes off the aircraft or to modify a flight plan, he or she shall obtain approval from the flight dispatcher. |
| (3) | A person required to employ flight dispatchers pursuant to paragraph (1) shall provide necessary education and training so that flight dispatchers have necessary knowledge and experience to properly perform the relevant duties. |
| Article 66 (Aircraft Takeoff and Landing Area) |
| (1) | No person shall force an aircraft (excluding a glider and airship) to take off from or land at an area other than an aerodrome (including the aerodrome that fails to meet aerodrome standards required for the relevant aircraft): Provided, That the same shall not apply to the following cases: |
| 1. | Where the takeoff or landing is permitted by the Minister of Land, Infrastructure and Transport, in extenuating circumstances, such as emergency related to safety; |
| 2. | Where the pilot in command complies with criteria for operation issued by the Minister of Land, Infrastructure and Transport pursuant to Article 90 (2). |
| (2) | Detailed criteria and procedures necessary for permission under paragraph (1) 1 and other necessary matters shall be prescribed by Presidential Decree. |
| Article 67 (Flight Rules) |
| (1) | A person who intends to operate an aircraft shall conduct the flight of the aircraft in accordance with standards, procedures, methods, etc. concerning flight (hereinafter referred to as "flight rules") prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in accordance with the Conventions on International Civil Aviation and Annexes to the aforesaid Convention. |
| (2) | Flight rules shall be classified as follows: |
| 1. | Rules concerning general matters, such as flight procedures to protect property and human life; |
| 2. | Rules concerning visual flight; |
| 3. | Rules concerning instrument flight; |
| 4. | Rules concerning the preparation, submission, receipt, notification, etc. of flight plans; |
| 5. | Other rules concerning matters necessary for safe flight. |
| Article 68 (Prohibited Acts on Board) |
No person who intends to operate an aircraft shall control the flight of the aircraft or perform any of the following acts to protect the lives and property of people: Provided, That the same shall not apply where he or she has obtained permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport:
| 1. | Flight below the lowest safe altitude prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 2. | Dropping an object or aerial application; |
| 4. | Aerobatics, such as flying the aircraft overturned or flying the aircraft about its lateral axis in a region prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 5. | Flight of an unmanned aerial vehicle; |
| 6. | Other flights or acts prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, that jeopardize or are likely to jeopardize the lives and property of people. |
| Article 69 (Designation of Aircraft for Emergency Duties) |
| (1) | The owner, etc. who intend to use his or her aircraft for emergency duties prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as evacuation of emergency patients that require immediate medical attention, shall obtain designation for the aircraft from the Minister of Land, Infrastructure and Transport. |
| (2) | Article 66, and subparagraphs 1 and 2 of Article 68 shall not apply where the owner, etc. of an aircraft designated under paragraph (1) by the Minister of Land, Infrastructure and Transport (hereinafter referred to as "aircraft for emergency duties") operate the aircraft to perform emergency duties under paragraph (1). |
| (3) | Matters regarding the designation, procedures for operation, etc. of an aircraft for emergency duties shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | Where the owner, etc. of an aircraft for emergency duties fall under any of the following, the Minister of Land, Infrastructure and Transport may revoke designation as the aircraft for emergency duties: Provided, That where the owner, etc. fall under subparagraph 1, the Minister of Land, Infrastructure and Transport shall revoke designation as an aircraft for emergency duties: |
| 1. | Where the aircraft has been designated as an aircraft for emergency duties by fraud or other improper means; |
| 2. | Where the aircraft fails to comply with the procedures for the operation thereof under paragraph (3). |
| (5) | No person in whose case designation as an aircraft for emergency duties is revoked pursuant to paragraph (4) shall obtain designation as an aircraft for emergency duties within two years from the date such designation is revoked. |
| Article 70 (Transportation of Dangerous Goods) |
| (1) | A person who intends to transport dangerous goods (hereinafter referred to "dangerous goods") prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as highly explosive or flammable materials, by using an aircraft, shall obtain permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where a person who has obtained air operator certificate (AOC) referred to in Article 90 (1) meets the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as methods of conveying information on the loading of dangerous goods, he or she shall be deemed to have obtained permission referred to in paragraph (1). |
| (3) | A person (hereinafter referred to as "person who handles dangerous goods") who packages, loads, stores, transports or handles dangerous goods (hereinafter referred to as "handling of dangerous goods") transported by using an aircraft, shall adhere to procedures and methods for handling dangerous goods determined and publicly notified by the Minister of Land, Infrastructure and Transport for the prevention of aviation hazards and the safety of human life. |
| Article 71 (Inspection of Packaging and Containers of Dangerous Goods) |
| (1) | A person who intends to manufacture or import and sell packaging and containers used for transporting dangerous goods shall undergo inspection of the safety of the packaging and containers by the Minister of Land, Infrastructure and Transport. |
| (2) | The Minister of Land, Infrastructure and Transport shall prescribe and publicly notify matters regarding methods of inspection, acceptance criteria, etc. of packaging and containers referred to in paragraph (1). |
| (3) | The Minister of Land, Infrastructure and Transport may designate an agency that performs inspection services concerning containers and packaging of dangerous goods (hereinafter referred to as "packaging and container inspection agency") in a professional manner, and require the packaging and container inspection agency to conduct inspections referred to in paragraph (1). |
| (4) | Matters regarding criteria for designation, operation, etc. of a packaging and container inspection agency, such as human resources for inspection and inspection equipment, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | Where a packaging and container inspection agency falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke the designation thereof or issue an order to fully or partially suspend its services for a specified period not exceeding six months: Provided, That where it falls under subparagraph 1, the Minister of Land, Infrastructure and Transport shall revoke the designation thereof: <Amended on Jan. 17, 2017> |
| 1. | Where it has been designated as the packaging and container inspection agency by fraud or other improper means; |
| 2. | Where the packaging and container inspection agency conducts inspections referred to in paragraph (1), in violation of methods of inspection, acceptance criteria, etc. of packaging and containers referred to in paragraph (2); |
| 3. | Where it fails to meet the criteria for designation referred to in paragraph (4). |
| (6) | Other necessary matters, such as detailed standards for making the dispositions referred to in paragraph (5), shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 72 (Training on Handling of Dangerous Goods) |
| (1) | A person who handles dangerous goods shall receive training on the handling of dangerous goods provided by the Minister of Land, Infrastructure and Transport: Provided, That the same shall not apply where he or she has completed training on the handling of dangerous goods at a training center approved by international organizations, such as the International Civil Aviation Organization, and the International Air Transport Association. |
| (2) | The Minister of Land, Infrastructure and Transport shall prescribe and publicly notify matters regarding the specific scope of persons who handle dangerous goods subject to training pursuant to paragraph (1), details of training, etc. |
| (3) | In order to efficiently provide training referred to in paragraph (1), the Minister of Land, Infrastructure and Transport may designate an Approved Training Organization (ATO) providing training on the handling of dangerous goods in a professional manner (hereinafter referred to as "training center specializing in dangerous goods") and require a training center specializing in dangerous goods to provide training for persons who handle dangerous goods. |
| (4) | Matters regarding criteria for designation, operation, etc. of a training center specializing in dangerous goods, such as human resources, facilities and equipment for training, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | Where a training center specializing in dangerous goods falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke the designation thereof or issue an order to fully or partially suspend its services for a specified period not exceeding six months: Provided, That where it falls under subparagraph 1, the Minister of Land, Infrastructure and Transport shall revoke the designation thereof: |
| 1. | Where it has been designated as a training center specializing in dangerous goods by fraud or other improper means; |
| 2. | Where it fails to meet the criteria for designation referred to in paragraph (4). |
| (6) | Other necessary matters, such as detailed standards for making the dispositions referred to in paragraph (5), shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 73 (Restrictions on Use of Electronic Devices) |
In order to prevent the effect of electromagnetic interference, etc. on the operation of aircraft in flight and telecommunications equipment, the Minister of Land, Infrastructure and Transport may restrict the use of electronic devices carried by passengers, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
| Article 74 (Approval of Extended Operations of Flight Time between Diversion Airports) |
| (1) | Where an air operator intends to operate an airplane prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which has at least two engines, in an airway that has a point where the duration of time the airplane take to fly to the nearest airport in cruising airspeed classified as follows and lands at the airport exceed the duration prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he or she shall obtain approval from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| 1. | An airplane with two engines: Cruising airspeed when one engine is not in operation; |
| 2. | An airplane with at least three engines: Cruising airspeed when all engines are in operation. |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to grant approval referred to in paragraph (1), he or she shall confirm whether the aircraft meets flight technology standards publicly notified pursuant to Article 77 (1). |
| Article 75 (Approval of Operation of Aircraft in Reduced Vertical Separation Minima Airspace) |
| (1) | The owner, etc. who intend to operate an aircraft in any of the following airspaces shall obtain approval from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That the same shall not apply to cases prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, including where the owner, etc. intend to operate the aircraft for search and rescue in the airspaces referred to in subparagraph 1: |
| 1. | Airspace operated by reducing vertical separation altitude (hereinafter referred to as "reduced vertical separation minima airspace"); |
| 2. | Airspace permitted solely for the operation of aircraft that have specific navigation performance (hereinafter referred to as "airspace requiring performance-based navigation"); |
| 3. | Other airspace prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to manage airspace in an efficient manner. |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to grant approval referred to in paragraph (1), he or she shall confirm whether the aircraft meets flight technology standards publicly notified pursuant to Article 77 (1). |
| Article 76 (Boarding of Aircrew) |
| (1) | A person who intends to operate an aircraft shall have the necessary aircrew on board for the safety of flight in the aircraft, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where a flight crew member or an air traffic controller performs aviation services, he or she shall carry a certificate of qualification and an aviation medical certificate, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and where aviation personnel other than a flight crew member or an air traffic controller perform aviation services, they shall carry a certificate of qualification, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | An air operator or aircraft use business entity shall provide education and training necessary to perform the relevant services for the aircrew aboard the aircraft, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 77 (Flight Technology Standards for Safe Flight of Aircraft) |
| (1) | The Minister of Land, Infrastructure and Transport may determine and publicly notify flight technology standards including the following to the extent stipulated in this Act, the Convention on International Civil Aviation, and Annexes to the aforesaid Convention in order to ensure the safe flight of aircraft: |
| 1. | Certification of qualification; |
| 2. | Aviation training institutions; |
| 3. | Aircraft registration and attachment of the registration mark; |
| 4. | Aircraft airworthiness; |
| 5. | Criteria for certification of Approved Maintenance Organization (AMO); |
| 6. | Aircraft instruments and equipment; |
| 7. | Operation of aircraft; |
| 8. | Operating certification of air transport services and the management thereof; |
| 9. | Other matters necessary for safe flight, which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Owners, etc. and aviation personnel shall abide by the flight technology standards referred to in paragraph (1). |
CHAPTER VI AIRSPACE AND AIR TRAFFIC SERVICES
| Article 78 (Designation of Airspace) |
| (1) | Where the Minister of Land, Infrastructure and Transport deems it necessary to manage airspace in a systematic and efficient manner, he or she may designate and publicly announce a flight information region divided into the following regions of airspace: |
| 1. | Controlled airspace: Airspace including control zones and control areas, in which a pilot is required to receive instructions on the order, timing, method, etc. of controlling the flight of an aircraft for the safety of air traffic from the Minister of Land, Infrastructure and Transport or a person who has obtained air traffic services certification pursuant to Article 84 (1); |
| 2. | Uncontrolled airspace: Airspace other than controlled airspace, in which it is necessary to provide advisory service on flight, flight information, etc. to a pilot of an aircraft; |
| 3. | Regulatory airspace: Airspace in which it is necessary to prohibit or restrict the flight of an aircraft for the safety of air traffic; |
| 4. | Warning airspace: Airspace in which special attention, caution, identification, etc. is required when a pilot of an aircraft controls the flight of the aircraft. |
| (2) | Where the Minister of Land, Infrastructure and Transport deems it necessary, he or she may designate and publicly announce airspace under paragraph (1) by subdividing them into a variety of areas. |
| (3) | Other necessary matters concerning the criteria for establishing and the procedures for designating airspace referred to in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 79 (Flight Restrictions) |
| (1) | A person who intends to operate an aircraft in uncontrolled airspace or warning airspace referred to in Article 78 (1) shall adhere to the methods and procedures for flying aircraft determined and publicly announced by the Minister of Land, Infrastructure and Transport with respect to such airspace or area. |
| (2) | No person who intends to operate an aircraft shall fly the aircraft in regulatory airspace referred to in Article 78 (1): Provided, That the same shall not apply where he or she flies the aircraft in accordance with the methods and procedures for flying aircraft prescribed by the Minister of Land, Infrastructure and Transport for such airspace after obtaining his or her permission, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 80 (Establishment of Airspace Committee) |
| (1) | The Airspace Committee shall be established under the authority of the Minister of Land, Infrastructure and Transport to deliberate on the matters necessary for the establishment and management of airspace referred to in Article 78. |
| (2) | In addition to the matters provided for in paragraph (1), matters regarding the composition, operation, function, etc. of the Airspace Committee shall be prescribed by Presidential Decree. |
| Article 81 (Cooperation with Heads of Relevant Administrative Agencies in Air Traffic Safety) |
| (1) | The Minister of Land, Infrastructure and Transport shall mutually cooperate with the heads of relevant administrative agencies concerning the following in order to ensure air traffic safety. In such cases, he or she shall consider national security: |
| 1. | Matters concerning air traffic control; |
| 2. | Matters concerning efficient airspace management; |
| 3. | Other matters necessary for air traffic safety. |
| (2) | Detailed matters necessary for requesting cooperation under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 82 (Airspace Management in Wartime) |
Wartime-related Acts and the United Defense Act shall apply to airspace management in wartime and at the time of proclamation of a united defense incident under the United Defense Act.
| Article 83 (Air Traffic Services Provision) |
| (1) | The Minister of Land, Infrastructure and Transport or a person who has obtained air traffic services certification may provide air traffic control services to aircraft or light sport aircraft in an aerodrome, airport, control zone, or control area. |
| (2) | The Minister of Land, Infrastructure and Transport or a person who has obtained air traffic services certification may provide advice and information related to the operation of aircraft or light sport aircraft, such as operational conditions of the aerodrome, airport, and navigation aids, to pilots, related agencies, etc. for the safe and efficient operation of aircraft or light sport aircraft in a flight information region. |
| (3) | The Minister of Land, Infrastructure and Transport or a person who has obtained air traffic services certification may provide information on an aircraft or light sport aircraft that requires search and rescue in a flight information region to pilots, related agencies, etc. <Amended on Jun. 9, 2020> |
| (4) | Matters regarding the scope of services provided by the Minister of Land, Infrastructure and Transport or a person who has obtained air traffic services certification pursuant to paragraphs (1) through (3) (hereinafter referred to as "air traffic services"), persons or entities subject to air traffic services, details of air traffic services, procedures for providing air traffic services, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 84 (Compliance with Air Traffic Control Instructions) |
| (1) | A person who intends to move, take off or land aircraft from or on an aerodrome or airport, or to operate the flight of an aircraft in a control zone or control area shall adhere to the order of and timing for moving, takeoff, and landing, and the method of operating the flight of the aircraft instructed by the Minister of Land, Infrastructure and Transport or a person who has obtained air traffic services certification. |
| (2) | For air traffic safety, a person who operates a motor vehicle on an movement area of an aerodrome or airport, performs repairs or maintenance of the aerodrome or airport and conducts other activities shall comply with the instructions of the Minister of Land, Infrastructure and Transport or a person who has obtained air traffic services certification. |
| Article 85 (Air Traffic Services Certification) |
| (1) | Where a person other than the Minister of Land, Infrastructure and Transport intends to provide air traffic services, he or she shall have a system that enables him or her to provide air traffic services (hereinafter referred to as "air traffic services provision system") and shall be certified for air traffic services 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 prescribe and publicly notify human resources, facilities, and equipment necessary for air traffic services certification, the requirements concerning regulations for air traffic services, procedures for providing certification of air traffic services, etc. (hereinafter referred to as "criteria for air traffic services certification”). |
| (3) | When the Minister of Land, Infrastructure and Transport provides air traffic services certification, he or she shall issue a certificate for air traffic services, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, where he or she deems that a person meets the criteria for air traffic services certification after inspecting whether he or she meets the criteria for air traffic services certification. |
| (4) | A person who has obtained air traffic services certification shall maintain an air traffic services provision system at the time of obtaining air traffic services certification, and shall comply with the criteria for air traffic services certification. |
| (5) | Where a person who has obtained air traffic services certification intends to make changes to an air traffic services provision system, he or she shall report thereon to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where he or she intends to change important matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as regulations for air traffic services referred to in paragraph (2), he or she shall obtain approval from the Minister of Land, Infrastructure and Transport. |
| (6) | If a report on change under the main clause of paragraph (5) has no deficiency in its descriptions and attached documents and meets the criteria prescribed by statutes or regulations, the duty to file such report shall be deemed fulfilled at the time the report arrives at the receiving agency. <Newly Inserted on Aug. 9, 2017> |
| (7) | Where an air traffic services provision system of a person who has obtained certification of air traffic services fails to comply with the amended criteria for air traffic services certification after the criteria for air traffic services certification have been amended, the Minister of Land, Infrastructure and Transport may require him or her to comply with the amended criteria for air traffic services certification. <Amended on Aug. 9, 2017> |
| (8) | The Minister of Land, Infrastructure and Transport may inspect on a regular basis or at any time whether a person who has obtained air traffic services certification maintains an air traffic services provision system. <Amended on Aug. 9, 2017> |
| (9) | Where the Minister of Land, Infrastructure and Transport discovers any matters that may endanger air traffic safety upon inspection under paragraph (8), he or she may order corrective measures, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Aug. 9, 2017> |
| Article 86 (Revocation of Air Traffic Services Certification) |
| (1) | Where a person who has obtained air traffic services certification falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke air traffic services certification or issue an order to suspend air traffic services provision for a specified period not exceeding six months: Provided, That where he or she falls under subparagraph 1 or 8, the Minister of Land, Infrastructure and Transport shall revoke air traffic services certification: <Amended on Aug. 9, 2017> |
| 1. | Where he or she is certified for air traffic services by fraud or other improper means; |
| 2. | Where he or she falls under any of the following, in violation of Article 58 (2): |
| (a) | Where he or she fails to build an aviation safety management system before providing air traffic services; |
| (b) | Where he or she operates an aviation safety management system without approval; |
| (c) | Where he or she operates an aviation safety management system differently from the details thereof approved; |
| (d) | Where he or she changes any important matter prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport without approval; |
| 3. | Where he or she fails to maintain an air traffic services provision system, or provides air traffic services without complying with the criteria for air traffic services certification, in violation of Article 85 (4); |
| 4. | Where he or she alters an air traffic services provision system without reporting or approval, in violation of Article 85 (5); |
| 5. | Where he or she fails to comply with an order to comply with the amended criteria for air traffic services certification, in violation of Article 85 (7); |
| 6. | Where he or she fails to implement an order to take corrective measures under Article 85 (9); |
| 7. | Where he or she causes an aircraft accident by intent or gross negligence, or an aircraft accident occurs because he or she has neglected to perform his or her duties to pay considerable attention to the management of and supervision over aviation personnel under his or her supervision; |
| 8. | Where he or she provides air traffic services during suspension of air traffic services provision under this Article. |
| (2) | Other necessary matters, such as detailed standards for making dispositions under paragraph (1), shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 87 (Imposition of Penalty Surcharges on Persons Who Have Obtained Air Traffic Services Certification) |
| (1) | Where the Minister of Land, Infrastructure and Transport is required to issue an order to suspend air traffic services provision because a person who has obtained air traffic services certification falls under Article 86 (1) 2 through 7, in which case the suspension of air traffic services provision is likely to cause serious inconvenience to users, etc. of the airport or to harm public interest, the Minister of Land, Infrastructure and Transport may impose a penalty surcharge not exceeding 100 million won in lieu of such suspension. |
| (2) | Specific standards and procedures for imposing penalty surcharges referred to in paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Where a person liable to pay a penalty surcharge referred to in paragraph (1) fails to make payment by the deadline, the Minister of Land, Infrastructure and Transport shall collect it in the same manner as delinquent national taxes are collected. |
| Article 88 (Establishment and Implementation of Search and Rescue Assistance Plan) |
Where an aircraft is in distress, the Minister of Land, Infrastructure and Transport shall establish and implement a plan concerning assistance in search for and rescue of the aircraft which describes the roles, etc. of related administrative agencies, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
| Article 89 (Provision of Aeronautical Information) |
| (1) | The Minister of Land, Infrastructure and Transport shall provide information necessary to ensure the safety, regularity and efficiency of aircraft operation (hereinafter referred to as "aeronautical information") to those who conduct flights in a flight information region. |
| (2) | The Minister of Land, Infrastructure and Transport shall publish a map in which information necessary for aircraft operation is provided, such as airways, navigation aids, aerodrome, airports, and control zones (hereinafter referred to as "aeronautical chart"). |
| (3) | In addition to the matters provided for in paragraphs (1) and (2), matters regarding the details of aeronautical information or an aeronautical chart, methods of the provision thereof, units of measurement, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
CHAPTER VII SAFETY MANAGEMENT FOR AIR OPERATORS
SECTION 1 Safety Management for Air Operators
| Article 90 (Air Operator Certificate of Air Operators) |
| (1) | An air operator shall obtain an air operator certificate (AOC) after undergoing inspection of a safe operation system, such as human resources, equipment, facilities, assistance in flight operations and assistance in maintenance management, by the Minister of Land, Infrastructure and Transport in accordance with the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport before he or she begins flight operations. |
| (2) | Where the Minister of Land, Infrastructure and Transport grants an air operator certificate (AOC) referred to in paragraph (1) (hereinafter referred to as "air operator certificate (AOC)"), he or she shall issue an operating certificate to the relevant air operators along with aircraft operating standards in which the conditions of the operation of aircraft and restricted matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport are specified concerning airways, airports, and methods of maintaining aircraft. |
| (3) | Where the Minister of Land, Infrastructure and Transport deems it necessary to ensure the safe operation of aircraft, he or she may modify aircraft operating standards referred to in paragraph (2) ex officio or at the request of an air operator. |
| (4) | Air operators or aviation personnel who belong to an air operator shall comply with the aircraft operating standards referred to in paragraph (2). |
| (5) | An air operator that has obtained the air operator certificate (AOC) shall maintain a safe operation system at the time of obtaining the first air operator certificate (AOC), and in the event of any change in the safe air operation system after opening a new airway, he or she shall undergo inspection conducted by the Minister of Land, Infrastructure and Transport. |
| (6) | In order to ensure the safe operation of aircraft, the Minister of Land, Infrastructure and Transport shall inspect on a regular basis or at any time whether an air operator who has obtained the air operator certificate (AOC) maintains a safe operation system. |
| (7) | Where it is necessary to take emergency measures because any of the following occurs while the Minister of Land, Infrastructure and Transport conducts a regular inspection or occasional inspection referred to in paragraph (6), he or she may require an air operator to suspend the operation of aircraft or an airway, or require aviation personnel to suspend their duties, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| 1. | Where any matter that may affect airworthiness of aircraft is discovered; |
| 2. | Where it is discovered that aviation personnel related to the operation of aircraft fail to meet the requirements necessary for them to be engaged in the relevant duties pursuant to this Act, such as education and training or operational qualification; |
| 3. | Where the air operator fails to comply with the standards prescribed by this Act for safe operation of aircraft, such as standards of hours on board or flight rules; |
| 4. | Where the condition of an airport or runway to which the air operator operates aircraft is likely to endanger the safe operation of aircraft; |
| 5. | Where he or she deems that the condition may affect the safe operation system. |
| (8) | Where the grounds for imposing suspension cease to exist pursuant to paragraph (7), the Minister of Land, Infrastructure and Transport shall revoke the suspension. |
| Article 91 (Revocation of Air Operator Certificate of Air Operators) |
| (1) | Where an air operator who has obtained an air operator certificate (AOC) falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke the air operator certificate (AOC) or issue an order to suspend the operation of aircraft for a specified period not exceeding six months: Provided, That where he or she falls under subparagraph 1, 39, or 49, the Minister of Land, Infrastructure and Transport shall revoke the air operator certificate (AOC): <Amended on Dec. 26, 2017; Aug. 27, 2019; Jun. 9, 2020; Dec. 8, 2020> |
| 1. | Where he or she has obtained the air operator certificate (AOC) by fraud or other improper means; |
| 2. | Where he or she operates an aircraft on which the nationality, registration mark, and the name or title of the owner, etc. are not displayed, in violation of Article 18 (1); |
| 3. | Where he or she operates an aircraft which airworthiness certificate is not granted to, in violation of Article 23 (3); |
| 4. | Where he or she operates an aircraft or uses components or parts on the aircraft without improving airworthiness concerning the maintenance, etc. of aircraft, etc., components or parts to maintain the airworthiness of the aircraft referred to in Article 23 (9), or without complying with orders to conduct inspections, maintenance, etc.; |
| 5. | Where he or she operates an aircraft that has failed to obtain certification of conformity with noise standards or that has failed to meet technical standards for aircraft, in violation of Article 25 (2); |
| 6. | Where he or she fails to comply with a request to comply with the changed technical standards for aircraft, in violation of Article 26; |
| 7. | Where he or she uses articles with technical standard order design approval without type approval of articles with technical standard order design approval on aircraft, etc., in violation of Article 27 (3); |
| 8. | Where he or she uses components or parts that have failed to obtain parts manufacturer certification on aircraft, etc., or components, in violation of Article 28 (3); |
| 9. | Where he or she operates an aircraft, etc. without approval of repair or modification or uses components or parts that have failed to obtain approval of repair or modification on the aircraft, etc., in violation of Article 30 (2); |
| 10. | Where he or she operates an aircraft, etc. that have undergone maintenance checks or uses components or parts on the aircraft, etc., without obtaining confirmation of airworthiness of the relevant aircraft, etc., components or parts, in violation of Article 32 (1); |
| 11. | Where he or she requires a flight crew member who fails to meet the standards for aviation medical certification for each kind of certification of qualification referred to in Article 40 (2) to be engaged in aviation services, in violation of Article 42; |
| 12. | Where he or she operates an aircraft in which radio equipment prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport has not been installed or an aircraft in which installed radio equipment is inoperative, in violation of Article 51; |
| 13. | Where he or she operates an aircraft without installing or carrying flight instruments, etc., or fails to adhere to the method of the operation thereof, in violation of Article 52; |
| 14. | Where he or she operates an aircraft without loading an amount of fuel prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in violation of Article 53; |
| 15. | Where he or she fails to indicate the position of an aircraft with a beacon, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, when he or she operates the aircraft or parks or holds the aircraft in an airport at night, in violation of Article 54; |
| 16. | Where he or she requires a flight crew member who does not have flight experience prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to operate an aircraft, to conduct an instrument flight or night flight, or to be engaged in providing flight training, in violation of Article 55; |
| 17. | Where he or she fails to manage fatigue of aircrew or flight dispatchers under his or her supervision, in violation of Article 56 (1); |
| 18. | Where he or she operates a fatigue risk management system or changes important matters without obtaining approval from the Minister of Land, Infrastructure and Transport, in violation of Article 56 (2); |
| 19. | Where he or she requires aviation personnel or cabin crew members to be engaged in aviation services or the duties of cabin crew under a condition that they are unable to normally perform aviation services or the duties of cabin crew under the influence of alcohol, etc. in violation of Article 56 (2); |
| 20. | Where he or she falls under any of the following, in violation of Article 58 (2): |
| (a) | Where he or she fails to build 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 differently from the details thereof approved; |
| (d) | Where he or she changes any important matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport without obtaining approval; |
| 21. | Where he or she fails to report an aircraft accident, serious incident, or incident subject to mandatory reporting that has occurred, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in violation of the proviso of Article 62 (5); |
| 22. | Where he or she grants operational qualification or conducts an examination of qualification of the pilot in command or other pilots belonging to him or her by fraudulent means when granting operational qualification or conducting an examination of qualification pursuant to Article 63 (4); |
| 23. | Where he or she requires the pilot in command who fails to comply with any of the requirements for experience in a region, airway, and airport where he or she intends to operate aircraft, in violation of Article 63 (7); |
| 24. | Where he or she fails to employ a flight dispatcher, in violation of Article 65 (1); |
| 25. | Where he or she requires a flight dispatcher to be engaged in the relevant duties without providing education and training necessary to perform the relevant duties, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in violation of Article 65 (3); |
| 26. | Where he or she requires flight crew to perform the takeoff from or landing at an area other than the aircraft takeoff or landing area, in violation of Article 66; |
| 27. | Where he or she requires a person to control the flight of an aircraft or perform an act falling under any subparagraph of Article 68, in violation of the same Article; |
| 28. | Where he or she transports dangerous goods by using an aircraft without obtaining permission, in violation of Article 70 (1); |
| 29. | Where he or she handles dangerous goods without adhering to procedures and methods for handling dangerous goods publicly notified by the Minister of National Defense, in violation of Article 70 (3); |
| 30. | Where he or she requires a person who has failed to undergo training on handling dangerous goods to handle dangerous goods, in violation of Article 72 (1); |
| 31. | Where he or she operates an airplane without obtaining approval, in violation of Article 74 (1); |
| 32. | Where he or she operates an aircraft in airspace falling under any subparagraph of Article 75 (1) without obtaining approval, in violation of Article 75 (1); |
| 33. | Where he or she operates an aircraft without a flight crew member on board necessary for the flight safety, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in violation of Article 76 (1); |
| 34. | Where he or she fails to provide education and training necessary to perform the relevant duties to flight crew on board an aircraft, in violation of Article 76 (3); |
| 35. | Where he or she operates an aircraft or perform duties without meeting flight technology standards referred to in Article 77 (1), in violation of Article 77 (2); |
| 36. | Where he or she begins the operation of aircraft without obtaining the air operator certificate (AOC), in violation of Article 90 (1); |
| 37. | Where he or she fails to comply with aircraft operating standards, in violation of Article 90 (4); |
| 38. | Where he or she fails to maintain a safe operation system or operates an aircraft without undergoing an inspection of the changed safe operation system, in violation of Article 90 (5); |
| 39. | Where he or she operates an aircraft without complying with the suspension of the operation of an aircraft or airway, in violation of Article 90 (7); |
| 40. | Where he or she formulates regulations for aircraft operation or regulations for aircraft maintenance or changes any important matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport without obtaining authorization from the Minister of Land, Infrastructure and Transport, in violation of the main clause of Article 93 (1) or the proviso of paragraph (2) of the same Article; |
| 41. | Where he or she modifies regulations for aircraft operation or regulations for aircraft maintenance without filing a report to the Minister of Land, Infrastructure and Transport, in violation of the main clause of Article 93 (2); |
| 42. | Where he or she fails to provide regulations for aircraft operation or regulations for aircraft maintenance authorized pursuant to the main clause of Article 93 (1) or the proviso of paragraph (2) of the same Article, or reported pursuant to the main clause of paragraph (2) of the same Article, in violation of the former part of Article 93 (7); |
| 43. | Where he or she operates or maintains an aircraft without complying with regulations for aircraft operation or regulations for aircraft maintenance authorized pursuant to the main clause of Article 93 (1) or the proviso of paragraph (2) of the same Article or reported pursuant to the main clause of paragraph (2) of the same Article, in violation of the latter part of Article 93 (7); |
| 44. | Where he or she fails to comply with an order for the safety of air transport referred to in the subparagraphs of Article 94; |
| 45. | Where he or she fails to report duties (only applicable to duties to perform aviation safety activities) or to submit documents pursuant to Article 132 (1), or files false reports or submits false documents; |
| 46. | Where he or she refuses, obstructs, or evades access to aircraft, etc., or examination (only applicable to examination to perform aviation safety activities) of books, documents, etc., under Article 132 (2); |
| 47. | Where he or she fails to answer questions (only applicable to questions to perform aviation safety activities) about relevant persons referred to in Article 132 (2) or gives a false answer; |
| 48. | Where he or she causes an aircraft accident or serious incident by intent or gross negligence or by neglecting his or her duty to pay considerable attention to the selection of and supervision over aviation personnel; |
| 49. | Where he or she operates an aircraft during the period of suspension of the operation of aircraft under this Article. |
| (2) | Other matters necessary for detailed standards, procedures, etc., for making dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 92 (Imposition of Penalty Surcharges on Air Operators) |
| (1) | Where the Minister of Land, Infrastructure and Transport is required to issue an order to suspend the operation of aircraft because an air operator who has obtained the air operator certificate (AOC) falls under Article 91 (1) 2 through 38 or 40 through 48, in which case the suspension of the operation of aircraft is likely to cause serious inconvenience to users, etc. of aircraft or to harm public interest, the Minister of Land, Infrastructure and Transport may impose a penalty surcharge not exceeding 10 billion won in lieu of such suspension. |
| (2) | Specific standards and procedures for imposing penalty surcharges referred to in paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Where a person liable to pay a penalty surcharge referred to in paragraph (1) fails to make payment by the deadline, the Minister of Land, Infrastructure and Transport shall collect it in the same manner as delinquent national taxes are collected. |
| Article 93 (Regulations for Aircraft Operation and Regulations for Aircraft Maintenance of Air Operators) |
| (1) | An air operator shall formulate regulations for aircraft operation and regulations for aircraft maintenance and obtain authorization from the Minister of Land, Infrastructure and Transport before the operation of aircraft, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That the same shall not apply where he or she obtains the air operator certificate (AOC) which includes regulations for aircraft operation and regulations for aircraft maintenance. |
| (2) | Where an air operator intends to modify regulations for aircraft operation or regulations for aircraft maintenance authorized pursuant to the main clause of paragraph (1), he or she shall report thereon to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where he or she intends to change important matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as a master minimum equipment list and an aircrew training program, he or she shall obtain authorization from the Minister of Land, Infrastructure and Transport. |
| (3) | Where the Minister of Land, Infrastructure and Transport intends to grant authorization pursuant to the main clause of paragraph (1) or the proviso of paragraph (2), he or she shall confirm whether regulations for aircraft operation, regulations for aircraft maintenance, or any changes meet the flight technology standards under Article 77 (1). |
| (4) | Where the Minister of Land, Infrastructure and Transport grants authorization pursuant to the main clause of paragraph (1) or the proviso of paragraph (2), he or she may attach conditions or a deadline or change conditions or the deadline: Provided, That such conditions or deadline shall be the minimum necessary to promote public interest or grant authorization, and shall not impose an unfair burden on the relevant air operator. |
| (5) | The Minister of Land, Infrastructure and Transport shall notify a reporter of whether to accept the relevant report within 10 days from the date of receipt of the report under the main clause of paragraph (2). <Newly Inserted on Jun. 9, 2020> |
| (6) | Where the Minister of Land, Infrastructure and Transport fails to notify a reporter of whether to accept the report or of an extension of the processing period pursuant to the statutes or regulations governing processing of civil petitions within the period prescribed in paragraph (5), the report shall be deemed accepted on the day after the end of such period (referring to the relevant processing period, where the processing period is extended or re-extended pursuant to the statutes or regulations governing processing of civil petitions). <Newly Inserted on Jun. 9, 2020> |
| (7) | An air operator shall provide regulations for aircraft operation or regulations for aircraft maintenance authorized by the Minister of Land, Infrastructure and Transport pursuant to the main clause of paragraph (1) or the proviso of paragraph (2) or reported to the Minister of Land, Infrastructure and Transport pursuant to the main clause of paragraph (2) to persons engaged in performing services concerning the operation or maintenance of aircraft. In such cases, the air operator and persons engaged in performing services concerning the operation or maintenance of aircraft shall abide by regulations for aircraft operation or regulations for aircraft maintenance. <Amended on Jun. 9, 2020> |
| Article 94 (Orders to Improve Safety of Air Operators) |
Where the Minister of Land, Infrastructure and Transport deems it necessary for the safety of air transport, he or she may require an air operator to do the following:
| 1. | Improvement of aircraft and other facilities; |
| 2. | Matters necessary to implement an international treaty concerning aviation; |
| 3. | Other matters necessary to eliminate elements interfering with safe operation of aircraft. |
SECTION 2 SAFETY MANAGEMENT FOR AIRCRAFT USE BUSINESS ENTITY
| Article 95 (Revocation of Air Operator Certificate of Aircraft Use Business Entity) |
| (1) | Where an aircraft use business entity who has obtained an air operator certificate (AOC) pursuant to Article 90 applied mutatis mutandis in Article 96 (1) falls under any subparagraph of Article 91 (1), the Minister of Land, Infrastructure and Transport may revoke the air operator certificate (AOC) or issue an order to suspend the operation of aircraft for a specified period not exceeding six months: Provided, That where he or she falls under Article 91 (1) 1, 39 or 49, the Minister of Land, Infrastructure and Transport shall revoke the air operator certificate (AOC). |
| (2) | Where an aircraft use business entity (excluding an aircraft use business entity who has obtained the air operator certificate (AOC) pursuant to Article 90 applied mutatis mutandis in Article 96 (1)) falls under any subparagraph of Article 91 (1) 2 through 22, 26 through 30, and 32 through 48, the Minister of Land, Infrastructure and Transport may issue an order to suspend the operation of aircraft for a specified period not exceeding six months. |
| (3) | Detailed standards and procedures for making dispositions under paragraphs (1) and (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Jan. 17, 2017> |
| (4) | Where the Minister of Land, Infrastructure and Transport is required to issue an order to suspend the operation of aircraft under paragraph (1) or (2), in which case the suspension of the operation thereof causes serious inconvenience to users, etc. of aircraft or harms public interest, he or she may impose a penalty surcharge not exceeding 300 million won in lieu of such suspension. <Amended on Jan. 17, 2017> |
| (5) | Specific criteria and procedures for imposing penalty surcharges under paragraph (4), and other necessary matters shall be prescribed by Presidential Decree. <Amended on Jan. 17, 2017> |
| (6) | Where a person liable to pay a penalty surcharge referred to in paragraph (4) fails to make payment by the deadline, the Minister of Land, Infrastructure and Transport shall collect it in the same manner as delinquent national taxes are collected. <Amended on Jan. 17, 2017> |
| Article 96 (Provisions Applied Mutatis Mutandis to Aircraft Use Business Entity) |
| (1) | Article 90 shall apply mutatis mutandis to an aircraft use business entity who performs services prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport from among aircraft use business entities. |
| (2) | Articles 93 and 94 shall apply mutatis mutandis to authorization, etc. of regulations for aircraft operation or regulations for aircraft maintenance of an aircraft use business entity. |
SECTION 3 Safety Management for Aircraft Maintenance Service Providers
| Article 97 (Certification of Approved Maintenance Organization) |
| (1) | An aircraft maintenance service provider or foreign aircraft maintenance service provider who intends to perform services prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as maintenance services of aircraft that has acquired nationality of the Republic of Korea pursuant to Article 8, and engines, propellers, components or parts used thereon, shall have human resources, equipment, etc., meeting criteria concerning human resources, equipment, an inspection system, etc. (hereinafter referred to as "criteria for certification of Approved Maintenance Organization (AMO)") determined and publicly notified by the Minister of Land, Infrastructure and Transport and obtain certification (hereinafter referred to as "certification of Approved Maintenance Organization (AMO)") from the Minister of Land, Infrastructure and Transport before he or she begins such services: Provided, That a person who has obtained certification of Approved Maintenance Organization (AMO) from a country that has entered into an aviation safety treaty concerning certification of Approved Maintenance Organization (AMO) with the Republic of Korea, shall be deemed to have obtained certification of Approved Maintenance Organization (AMO) from the Minister of Land, Infrastructure and Transport. |
| (2) | Where the Minister of Land, Infrastructure and Transport provides certification of Approved Maintenance Organization (AMO), he or she shall issue detailed criteria for operation specifying the scope and method of maintenance, procedures for quality management, etc. to the relevant aircraft maintenance service provider along with a certificate of Approved Maintenance Organization (AMO). |
| (3) | Where an aircraft maintenance service provider performs maintenance, etc. of aircraft, etc., components or parts, he or she shall adhere to methods and procedures concerning maintenance, etc. prescribed by a person who manufactured aircraft, etc., components or parts, or approved by the Minister of Land, Infrastructure and Transport. |
| Article 98 (Revocation of Certification of Approved Maintenance Organization) |
| (1) | Where a person who has obtained certification of Approved Maintenance Organization (AMO) falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke certification of Approved Maintenance Organization (AMO) or issue an order to suspend the effect thereof for a specified period not exceeding six months: |
| 1. | Where he or she has obtained certification of Approved Maintenance Organization (AMO) by fraud or other improper means; |
| 2. | Where he or she falls under any of the following, in violation of Article 58 (2): |
| (a) | Where he or she fails to build an aviation safety management system before he or she begins services; |
| (b) | Where he or she operates an aviation safety management system without approval; |
| (c) | Where he or she operates an aviation safety management system differently from the details thereof approved; |
| (d) | Where he or she changes any important matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport without obtaining approval; |
| 3. | Where he or she violates criteria for certification of Approved Maintenance Organization (AMO) without any justifiable grounds; |
| 4. | Where an aircraft accident occurs by intent or gross negligence, or by neglecting his or her duty to pay considerable attention to the management of and supervision over aviation personnel; |
| 5. | Where he or she performs services during the period of suspension of the effect under this Act. |
| (2) | Standards for making dispositions referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 99 (Imposition of Penalty Surcharges on Persons Who Have Obtained Certification of Approved Maintenance Organization) |
| (1) | Where the Minister of Land, Infrastructure and Transport is required to issue an order to suspend the effect of certification of Approved Maintenance Organization (AMO) because a person who has obtained certification of Approved Maintenance Organization (AMO) falls under any subparagraph of Article 98 (1) 2 through 4, in which case the suspension of the effect thereof is likely to cause serious inconvenience to users, etc. of maintenance services or to harm public interest, the Minister of Land, Infrastructure and Transport may impose a penalty surcharge not exceeding 500 million won in lieu of the suspension of the effect thereof. |
| (2) | Specific standards and procedures for imposing penalty surcharges referred to in paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Where a person liable to pay a penalty surcharge pursuant to paragraph (1) fails to make payment by the deadline, the Minister of Land, Infrastructure and Transport shall collect it in the same manner as delinquent national taxes are collected. |
CHAPTER VIII FOREIGN AIRCRAFT
| Article 100 (Flight of Foreign Aircraft) |
| (1) | Where a user of an aircraft that has a foreign nationality (including a foreign country, a foreign public organization, or a person corresponding thereto) intends to conduct flight falling under any of the following, he or she shall obtain permission from the Minister of Land, Infrastructure and Transport: Provided, That the same shall not apply to a person who has obtained permission referred to in Articles 54 and 55 of the Aviation Business Act: |
| 1. | Flight where an aircraft takes off outside the airspace of the Republic of Korea and lands at an airport in the Republic of Korea; |
| 2. | Flight where an aircraft takes off from an airport in the Republic of Korea and lands outside the airspace of the Republic of Korea; |
| 3. | Flight where an aircraft takes off outside airspace of the Republic of Korea, overflies the airspace of the Republic of Korea without landing at an airport in the Republic of Korea, and lands outside the airspace of the Republic of Korea. |
| (2) | In applying paragraph (1), an aircraft used for services of the armed forces, customs or police of a foreign country shall be deemed the aircraft used by the relevant country. |
| (3) | At the request of the Minister of Land, Infrastructure and Transport, a person who conducts flight falling under any subparagraph of paragraph (1) shall land the aircraft, without delay, at an airport designated by the Minister of Land, Infrastructure and Transport. |
| Article 101 (Use of Foreign Aircraft in the Republic of Korea) |
No aircraft of a foreign nationality (excluding an aircraft a person who has obtained permission under Articles 54 and 55 of the Aviation Business Act used for the relevant transport) shall fly between locations in the Republic of Korea: Provided, That the same shall not apply where permission therefor is obtained from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
| Article 102 (Recognition of Certificates) |
Certification provided and other acts performed by a foreign government that has granted nationality of an aircraft concerning the airworthiness of any of the following aircraft and qualification of flight crew shall be deemed to have provided and performed pursuant to this Act:
| 1. | Aircraft of a foreign nationality, which provides flight services falling under any subparagraph of Article 100 (1); |
| Article 103 (Approval of Air Operator Certificate of Foreigners Providing International Air Transport Services) |
| (1) | A person who intends to obtain permission for international air transport services provided by foreigners pursuant to Article 54 of the Aviation Business Act shall obtain approval of air operator certificate (AOC) from the Minister of Land, Infrastructure and Transport for air operator certificate (AOC) and criteria for operation that have specified flight conditions and restricted matters issued by a country to which he or she belongs in accordance with criteria prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where the Minister of Land, Infrastructure and Transport grants approval of air operator certificate (AOC) referred to in paragraph (1), he or she may issue a written approval of air operator certificate (AOC), accompanied by documents specifying flight conditions and restricted matters concerning airways, airports, etc. he or she intends to operate. |
| (3) | A person who has obtained permission for international air transport services provided by foreigners (hereinafter referred to as "foreigner providing international air transport services") pursuant to Article 54 of the Aviation Business Act and aviation personnel belonging to him or her shall observe flight conditions and restricted matters issued pursuant to paragraph (2). |
| (4) | The Minister of Land, Infrastructure and Transport may alter flight conditions and restricted matters referred to in paragraph (2) for safe operation of aircraft used by a foreigner providing international air transport services, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | Where approval of air operator certificate (AOC) or flight conditions and restricted matters are modified following the opening, etc. of a new airway in the Republic of Korea, a foreigner providing international air transport services shall obtain approval of modification thereof from the Minister of Land, Infrastructure and Transport. |
| (6) | The Minister of Land, Infrastructure and Transport may inspect aircraft used by a foreigner providing international air transport services for the safe operation of aircraft. |
| (7) | Where the Minister of Land, Infrastructure and Transport discovers matters, while conducting an inspection under paragraph (6), that may seriously endanger the safe operation of aircraft unless he or she urgently takes measures, he or she may suspend the operation of the relevant aircraft or suspend services of aviation personnel, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (8) | Where grounds for making dispositions of suspension cease to exist pursuant to paragraph (7), the Minister of Land, Infrastructure and Transport shall revoke or modify the suspension without delay. |
| Article 104 (Matters to Be Observed by Foreigners Providing International Air Transport Services for Safe Operation) |
| (1) | A foreigner providing international air transport services shall operate aircraft with the following documents carried onboard, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| 1. | A written approval of air operator certificate (AOC) and documents specifying flight conditions and restricted matters issued by the Minister of Land, Infrastructure and Transport pursuant to Article 103 (2); |
| 2. | A copy of air operator certificate (AOC) and a copy of criteria for operation issued by a country to which the foreigner providing international air transport services belongs; |
| 3. | Other documents that must be carried onboard aircraft in accordance with the Convention on International Civil Aviation and Annexes to the aforesaid Convention. |
| (2) | A foreigner providing international air transport services and aviation personnel belonging to him or her shall comply with criteria for operation under paragraph (1) 2. |
| (3) | For the safe operation of aircraft, the Minister of Land, Infrastructure and Transport may inspect on a regular basis or at any time whether a foreigner providing international air transport services and aviation personnel belonging to him or her comply with criteria for operation under paragraph (1) 2. |
| (4) | Where the Minister of Land, Infrastructure and Transport discovers any matters that may seriously endanger the safe operation of an aircraft at the time of a regular inspection or occasional inspection referred to in paragraph (3) unless he or she urgently takes measures, he or she may suspend the operation of the relevant aircraft or services of aviation personnel, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | Where grounds for making dispositions of suspension cease to exist pursuant to paragraph (4), the Minister of Land, Infrastructure and Transport shall immediately revoke the suspension. |
| Article 105 (Suspension of Operation of Aircraft of Foreigners Providing International Air Transport Services) |
| (1) | Where a foreigner providing international air transport services falls under any of the following, the Minister of Land, Infrastructure and Transport may issue an order to suspend the operation of aircraft for a specified period not exceeding six months: Provided, That where he or she falls under subparagraph 1 or 6, the Minister of Land, Infrastructure and Transport shall revoke the approval of air operator certificate (AOC): |
| 1. | Where he or she has obtained approval of air operator certificate (AOC) by fraud or other improper means; |
| 2. | Where he or she operates an aircraft without obtaining approval of air operator certificate (AOC), in violation of Article 103 (1); |
| 3. | Where he or she fails to comply with the flight conditions and restricted matters referred to in Article 103 (2), in violation of Article 103 (3); |
| 4. | Where he or she operates an aircraft without obtaining approval of modification, in violation of Article 103 (5); |
| 5. | Where he or she fails to comply with an order for safety of air transport under Article 94 applied mutatis mutandis in Article 106; |
| 6. | Where he or she operates an aircraft during the period of suspension of the operation of the aircraft under this Article. |
| (2) | Other necessary matters, such as detailed standards for making dispositions under paragraph (1), shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 106 (Provisions Applied Mutatis Mutandis to Foreigners Providing International Air Transport Services) |
Articles 59, 61, 92 and 94 shall apply mutatis mutandis to the mandatory reporting and voluntary reporting of aviation safety by a foreigner providing international air transport services.
| Article 107 (Inspection of Flight Safety on Air Transportation by Foreign Aircraft for Remuneration) |
A person who intends to obtain permission for air transportation by foreign aircraft for remuneration pursuant to Article 55 of Aviation Business Act shall undergo inspection of flight safety by the Minister of Land, Infrastructure and Transport with regard to air operator certificate (AOC) issued by a country of his or her citizenship and criteria for operation specifying the flight conditions and restricted matters in accordance with the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
CHAPTER IX LIGHT SPORT AIRCRAFT
| Article 108 (Safety Certification of Light Sport Aircraft) |
| (1) | Except cases, such as a test flight, permitted by the Minister of Land, Infrastructure and Transport, which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, no person who owns a light sport aircraft or has the right to use it (hereinafter referred to as "light sport aircraft owner, etc.") shall conduct a flight without obtaining safety certification that the light sport aircraft meets technical standards for flight safety determined and publicly notified by the Minister of Land, Infrastructure and Transport in accordance with the period of validity of safety certification, and the procedures and methods for providing safety certification prescribed by the head of an agency or organization prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport from the head of such agency or organization. In such cases, the head of the agency or organization shall obtain approval for the period of validity of safety certification, and procedures and methods for providing safety certification from the Minister of Land, Infrastructure and Transport, and the same shall also apply where he or she makes modifications thereto. |
| (2) | Where the head of an agency or organization prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport provides safety certification pursuant to paragraph (1), he or she shall grant the rating and designate the scope of operation based on the rating, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | A light sport aircraft owner, etc. or a person who intends to operate a flight using light sport aircraft shall operate the flight in compliance with the scope of operation based on the rating of safety certification granted pursuant to paragraph (2). |
| (4) | Where a light sport aircraft owner, etc. or a person who intends to operate a flight using light sport aircraft maintains the light sport aircraft, the components or parts thereof, he or she shall not operate the flight without obtaining confirmation that he or she may operate the light sport aircraft in a safe manner in accordance with the method prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport from a person who holds certification of qualification as an aircraft maintenance technician referred to in subparagraph 8 of Article 35: Provided, That the same shall not apply to minor maintenance prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 109 (Certification of Qualification of Light Sport Aircraft Pilots) |
| (1) | A person who intends to operate a flight using a light sport aircraft shall obtain certification of qualification (hereinafter referred to as "certification of qualification of light sport aircraft pilot") from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | No person falling under any of the following shall obtain certification of qualification of light sport aircraft pilot: |
| 1. | A person under the age of 17; |
| 2. | A person in whose case two years have not passed from the date certification of qualification of light sport aircraft pilot referred to in Article 114 (1) was revoked. |
| Article 110 (Scope of Services of Light Sport Aircraft Pilots) |
No person who has obtained certification of qualification of light sport aircraft pilot shall provide services other than boarding and controlling the flight of light sport aircraft (hereinafter referred to as "controlling the flight of light sport aircraft”): Provided, That the same shall not apply where he or she boards and controls the flight of a new category of light sport aircraft, in which case he or she has obtained permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
| Article 111 (Limitation on Certification of Qualification of Light Sport Aircraft Pilots) |
| (1) | Where the Minister of Land, Infrastructure and Transport provides certification of qualification of light sport aircraft pilots, he or she may limit categories of light sport aircraft. |
| (2) | No person on whom limitation on certification of qualification of light sport aircraft pilot has been placed shall control the flight of light sport aircraft other than the categories of light sport aircraft limited. |
| (3) | Details regarding the limitation on certification of qualification of light sport aircraft pilot referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 112 (Implementation of and Exemption from Examination for Certification of Qualification of Light Sport Aircraft Pilots) |
| (1) | A person who intends to obtain certification of qualification of light sport aircraft pilot shall pass a written examination and practical examination conducted by the Minister of Land, Infrastructure and Transport concerning knowledge and ability necessary for operating the flight of a light sport aircraft, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where the Minister of Land, Infrastructure and Transport limits certification of qualification of light sport aircraft pilot (including certification of light sport aircraft flight training referred to in Article 115) to each category of light sport aircraft under Article 111, he or she shall review light sport aircraft flight experience, etc. In such cases, he or she may review the first limitation on certification of qualification of light sport aircraft pilot with respect to the categories of light sport aircraft by conducting a practical examination. |
| (3) | The Minister of Land, Infrastructure and Transport may fully or partially exempt any of the following persons from examinations or reviews referred to in paragraphs (1) and (2), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| 1. | A person who has obtained certification of qualification referred to in subparagraphs 1 through 4 of Article 35, or certification of qualification of light sport aircraft pilot from a foreign government; |
| 2. | A person who has completed curriculum at a training center specializing in light sport aircraft referred to in Article 117; |
| 3. | A person who has experience in the relevant field. |
| (4) | The Minister of Land, Infrastructure and Transport shall issue a certificate of qualification of light sport aircraft pilot to persons who have passed a written examination and practical examination pursuant to paragraph (1). |
| Article 113 (Aviation Medical Certification for Light Sport Aircraft Pilots) |
| (1) | A person who intends to control the flight of light sport aircraft (including a person who undergoes flight practice for light sport aircraft pursuant to Article 116) after obtaining certification of qualification of light sport aircraft pilot shall obtain aviation medical certification from the Minister of Land, Infrastructure and Transport. |
| (2) | Article 40 (2) through (6) shall apply mutatis mutandis to aviation medical certification referred to in paragraph (1). |
| Article 114 (Revocation of Certification of Qualification or Aviation Medical Certification for Light Sport Aircraft Pilots) |
| (1) | Where a person who has obtained certification of qualification of light sport aircraft pilot falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke the certification of qualification of light sport aircraft pilot or the limitation on certification of qualification (hereinafter referred to as "certification of qualification, etc.") or issue an order to suspend the effect of certification of qualification, etc., for a specified period not exceeding one year: Provided, That where he or she falls under subparagraph 1 or 17, the Minister of Land, Infrastructure and Transport shall revoke the certification of qualification, etc.: |
| 1. | Where he or she has obtained certification of qualification, etc. by fraud or other improper means; |
| 2. | Where he or she is sentenced to a fine or heavier punishment for violating this Act; |
| 3. | Where he or she causes casualties or damage to property by causing a light sport aircraft accident by intent or gross negligence when he or she controls the flight of the light sport aircraft; |
| 4. | Where he or she is engaged in services other than controlling the flight of light sport aircraft, in violation of the main clause of Article 110; |
| 5. | Where a person, in whose case the certification of qualification of a light sport aircraft is limited, controls the flight of light sport aircraft other than the category of the limited light sport aircraft, in violation of Article 111 (2); |
| 6. | Where he or she controls the flight of light sport aircraft or undergoes flight practice for light sport aircraft without obtaining aviation medical certification, in violation of Article 113 (including cases where it is applied mutatis mutandis in Article 116 (5)); |
| 7. | Where he or she conducts flight training without obtaining flight instructor certification, in violation of Article 115 (1); |
| 8. | Where he or she fails to receive training designated by the Minister of Land, Infrastructure and Transport, in violation of Article 115 (2); |
| 10. | Where he or she controls the flight of light sport aircraft under the condition where he or she is unable to normally control the flight of the light sport aircraft (including flight practice for a light sport aircraft under Article 116) under the influence of alcohol, etc., in violation of Article 57 (1) which is applied mutatis mutandis in Article 121 (2); |
| 11. | Where he or she consumes or uses alcohol, etc., referred to in Article 57 (1) while controlling the flight of light sport aircraft (including flight practice for light sport aircraft referred to in Article 116), in violation of Article 57 (2) which is applied mutatis mutandis in Article 121 (2); |
| 12. | Where he or she refuses a request for conducting a breath test to determine whether he or she has consumed or used alcohol, etc., referred to in Article 57 (1), in violation of Article 57 (3) which is applied mutatis mutandis in Article 121 (2); |
| 13. | Where he or she operates a flight without conforming to flight rules, in violation of Article 67 (1) which is applied mutatis mutandis in Article 121 (3); |
| 14. | Where he or she operates a flight in uncontrolled airspace or warning airspace without adhering to the methods and procedures for flying aircraft determined and publicly announced by the Minister of Land, Infrastructure and Transport, in violation of Article 79 (1) which is applied mutatis mutandis in Article 121 (4); |
| 15. | Where he or she operates a flight in regulatory airspace or warning airspace without adhering to the methods and procedures for flying aircraft prescribed by the Minister of Land, Infrastructure and Transport, in violation of Article 79 (2) which is applied mutatis mutandis in Article 121 (4); |
| 16. | Where he or she fails to adhere to order and timing of moving, takeoff and landing, and methods for flying aircraft instructed by the Minister of Land, Infrastructure and Transport or a person who has obtained air traffic services certification, in violation of Article 84 (1) which is applied mutatis mutandis in Article 121 (5); |
| 17. | Where he or she is engaged in controlling the flight of light sport aircraft during suspension of the effect of certification of qualification, etc., under this Article. |
| (2) | Where a person engaged in controlling the flight of light sport aircraft falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke his or her aviation medical certification or issue an order to suspend the effect of aviation medical certification for a specified period not exceeding one year: Provided, That where he or she falls under subparagraph 1, the Minister of Land, Infrastructure and Transport shall revoke aviation medical certification: |
| 1. | Where he or she has obtained aviation medical certification by fraud or other improper means; |
| 2. | Where he or she is deemed unfit for the flight of light sport aircraft because he or she fails to meet the criteria for aviation medical certification for each kind of certification of qualification referred to in Article 40 (2) which is applied mutatis mutandis in Article 113 (2); |
| 3. | Where he or she falls under any subparagraph of paragraph (1) 10 through 12. |
| (3) | Where a person, who applies for an examination for certification of qualification, etc., or undergoes a review, cheats on the examination or the review, or where a person who undergoes an aviation medical examination cheats on such medical examination, he or she shall not apply for an examination for certification of qualification, etc. under this Act or undergo a review, or an aviation medical examination under this Act for two years from the date he or she cheats on such examination, review or aviation medical examination, respectively. |
| (4) | Criteria and procedures for making dispositions referred to in paragraphs (1) and (2) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 115 (Certification of Light Sport Aircraft Flight Instructor) |
| (1) | A person who intends to provide light sport aircraft flight training for persons who undergo the following flight practice shall obtain flight instructor certification for each category of light sport aircraft from the Minister of land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| 1. | Flight practice for a person who has failed to obtain certification of qualification of light sport aircraft pilot boards light sport aircraft; |
| 2. | Flight practice for a person who has obtained certification of qualification of light sport aircraft pilot boards light sport aircraft other than the category of the limited light sport aircraft referred to in Article 111 with regard to certification of qualification of light sport aircraft pilot. |
| (2) | Flight instructor certification referred to in paragraph (1) (hereinafter referred to as "certification of light sport aircraft flight instructor") shall be provided by issuing a certificate of light sport aircraft flight instructor, and a person who obtains certification of light sport aircraft flight instructor shall receive training, as prescribed by the Minister of Land, Infrastructure and Transport. |
| (3) | Articles 112 and 114 (1) and (3) shall apply mutatis mutandis to an examination for certification of light sport aircraft flight instructor, the revocation thereof, etc. |
| Article 116 (Flight Practice for Light Sport Aircraft) |
| (1) | A person who intends to undergo flight practice referred to in Article 115 (1) 1 shall do so after obtaining permission from the Minister of land, Infrastructure and Transport for the flight practice and under the supervision of a person who has obtained certification of light sport aircraft flight instructor, as prescribed by Ordinance of the Ministry of land, Infrastructure and Transport. |
| (2) | A person who intends to undergo flight practice referred to in Article 115 (1) 2 shall do so under the supervision of a person who has obtained certification of light sport aircraft flight instructor. |
| (3) | Article 109 (1) shall not apply to flight practice referred to in paragraph (1), and Article 111 (2) shall not apply to flight practice referred to in paragraph (2). |
| (4) | Where the Minister of Land, Infrastructure and Transport receives an application for permission for flight practice pursuant to paragraph (1), in which case he or she deems that an applicant has the ability to undergo light sport aircraft flight practice, he or she shall permit the flight practice and issue a light sport aircraft flight practice permit to the applicant, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | Articles 113 and 114 shall apply mutatis mutandis to aviation medical certification, etc. for a person who has obtained permission referred to in paragraph (4). |
| (6) | Where a person who has obtained permission referred to in paragraph (4) undergoes light sport aircraft flight practice, he or she shall carry a light sport aircraft flight practice permit and an aviation medical certificate. |
| Article 117 (Designation of Training Center Specializing in Light Sport Aircraft) |
| (1) | The Minister of Land, Infrastructure and Transport may designate a training center specializing in light sport aircraft to train light sport aircraft pilots, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where a training center specializing in light sport aircraft designated under paragraph (1) trains light sport aircraft pilots, the Minister of Land, Infrastructure and Transport may fully or partially subsidize expenses incurred in training, within budgetary limits. |
| (3) | Criteria for designation, such as curriculum, methods of training, human resources, facilities and equipment, of a training center specializing in light sport aircraft shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | Where a person designated as a training center specializing in light sport aircraft falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke the designation: Provided, That where the person falls under subparagraph 1, the Minister of Land, Infrastructure and Transport shall revoke the designation: |
| 1. | Where the person has been designated as a training center specializing in light sport aircraft by fraud or other improper means; |
| 2. | Where the person violates matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport among the criteria for designation of a training center specializing in light sport aircraft referred to in paragraph (3). |
| Article 118 (Light Sport Aircraft Takeoff and Landing Areas) |
| (1) | No person shall take off or land light sport aircraft at an area other than an aerodrome (excluding a military aerodrome) or an airfield: Provided, That the same shall not apply where a person obtains permission from the Minister of Land, Infrastructure and Transport, in which case there are reasons beyond his or her control, such as an emergency related to safety. |
| (2) | Detailed standards and procedures for obtaining permission under the proviso of paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
| Article 119 (Duty to Install and Operate Radio Equipment in Light Sport Aircraft) |
A person who intends to use light sport aircraft prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport for aviation or the owner, etc. of such light sport aircraft shall install and operate radio equipment prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as equipment for radio communications and transponder to identify aircraft, in the relevant light sport aircraft.
| Article 120 (Matters to Be Observed by Light Sport Aircraft Pilots) |
| (1) | Light sport aircraft pilots shall observe matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to prevent his or her light sport aircraft from causing casualties or damage to property. |
| (2) | In the event of a light sport aircraft accident, a light sport aircraft pilot shall immediately report the light sport aircraft accident to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where the light sport aircraft pilot is unable to report, the owner, etc. of the light sport aircraft shall report the light sport aircraft accident to the Minister of Land, Infrastructure and Transport. |
| Article 121 (Provisions Applied Mutatis Mutandis to Light Sport Aircraft) |
| (1) | Articles 7 through 18 shall apply mutatis mutandis to the registration, etc. of light sport aircraft. |
| (2) | Article 57 shall apply mutatis mutandis to restrictions on the consumption or use of alcohol, etc. with regard to light sport aircraft. |
| (3) | Article 67 shall apply mutatis mutandis to flight rules of light sport aircraft. |
| (4) | Article 79 shall apply mutatis mutandis to flight restrictions on light sport aircraft. |
| (5) | Article 84 shall apply mutatis mutandis to compliance with instructions given to light sport aircraft from air traffic control services. |
CHAPTER X ULTRA-LIGHT VEHICLES
| Article 122 (Reporting of Ultra-Light Vehicles) |
| (1) | A person who owns or has the right to use an ultra-light vehicle (hereinafter referred to as "ultra-light vehicle owner, etc.") shall report its category, uses, the name of its owner, whether it is possible for the ultra-light vehicle to gather personal information and personal location information referred to in Article 129 (4), and other matters to 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 a reporter of whether to accept the relevant report within seven days from the date of receipt of the report under the main clause of paragraph (1). <Newly Inserted on Jun. 9, 2020> |
| (3) | Where the Minister of Land, Infrastructure and Transport fails to notify a reporter of whether to accept the relevant report or of an extension of the processing period under the statutes and regulations governing processing of civil petitions within the period specified in paragraph (2), the report shall be deemed accepted on the day after the end of such period (referring to the relevant processing period, where the processing period is extended or re-extended under the statutes and regulations governing processing of civil petitions). <Newly Inserted on Jun. 9, 2020> |
| (4) | Where the Minister of Land, Infrastructure and Transport receives a report on an ultra-light vehicle pursuant to paragraph (1), he or she shall issue a report number to the ultra-light vehicle owner, etc. <Amended on Jun. 9, 2020> |
| (5) | The ultra-light vehicle owner, etc., to whom the report number is issued pursuant to paragraph (4) shall indicate the report number on the relevant ultra-light vehicle. <Amended on Jun. 9, 2020> |
| Article 123 (Reporting on Modification of Ultra-Light Vehicles) |
| (1) | Where an ultra-light vehicle owner, etc. intend to modify matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as the uses of the ultra-light vehicle and the name of its owner reported pursuant to Article 122 (1), he or she shall file a report on modification with 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 a reporter of whether to accept such report within seven days from the date of receipt of the report on modification under paragraph (1). <Newly Inserted on Jun. 9, 2020> |
| (3) | Where the Minister of Land, Infrastructure and Transport fails to notify a reporter of whether to accept the relevant report or of an extension of the processing period under the statutes and regulations governing processing of civil petitions within the period specified in paragraph (2), the report shall be deemed accepted on the day after the end of such period (referring to the relevant processing period, where the processing period is extended or re-extended under the statutes and regulations governing processing of civil petitions). <Newly Inserted on Jun. 9, 2020> |
| (4) | Where an ultra-light vehicle reported pursuant to Article 122 (1) has been destroyed or dismantled (excluding the dismantlement thereof for maintenance, etc., transport, or storage), the ultra-light vehicle owner, etc. shall file a report on cancellation with the Minister of Land, Infrastructure and Transport within 15 days from the date a reason for cancellation arises. <Amended on Jun. 9, 2020> |
| (5) | If a report filed under paragraph (4) has no deficiency in its descriptions and attached documents and meets the format requirements prescribed in statutes, regulations, etc., the reporting shall be deemed completed at the time the report arrives at a receiving agency. <Newly Inserted on Jun. 9, 2020> |
| (6) | Where the ultra-light vehicle owner, etc. fail to file a report on cancellation under paragraph (4), the Minister of Land, Infrastructure and Transport shall notify the ultra-light vehicle owner, etc. that they are required to file a report on cancellation for a specified period of at least 30 days. <Amended on Jun. 9, 2020> |
| (7) | Where the relevant ultra-light vehicle owner, etc. fail to file a report on cancellation even after the Minister of Land, Infrastructure and Transport has given notification under paragraph (6), he or she may cancel the report number ex officio, and when the report number has been canceled, he or she shall notify the relevant ultra-light vehicle owner, etc. and other interested parties thereof. <Amended on Jun. 9, 2020> |
| Article 124 (Safety Certification of Ultra-Light Vehicle) |
Except cases, such as a test flight, permitted by the Minister of Land, Infrastructure and Transport, which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, no person who intends to operate a flight using an ultra-light vehicle prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as a powered flying machine, shall operate the flight without obtaining safety certification that the ultra-light vehicle meets technical standards for flight safety determined and publicly notified by the Minister of Land, Infrastructure and Transport in accordance with the period of validity of safety certification, methods and procedures for providing safety certification prescribed by the head of an agency or organization prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport from the head of such agency or organization. In such cases, the head of the agency or organization shall obtain approval from the Minister of Land, Infrastructure and Transport with regard to the period of validity of safety certification, methods and procedures for providing safety certification, and the same shall also apply to any change thereto.
| Article 125 (Certification of Ultra-Light Vehicle Pilot) |
| (1) | A person who intends to operate a flight using an ultra-light vehicle prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as a powered flying machine, shall be certified by the head of an agency or organization prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to operate the flight of the relevant ultra-light vehicle (hereinafter referred to as "ultra-light vehicle pilot certification") in accordance with the relevant standards for qualification in each ultra-light vehicle and methods and procedures for conducting examinations prescribed by the head of such agency or organization. In such cases, the head of the agency or organization shall obtain approval from the Minister of Land, Infrastructure and Transport with regard to the relevant standards for qualification in each ultra-light vehicle and methods and procedures for conducting examinations, as prescribed by the head of such agency or organization, and the same shall also apply to any change thereto. |
| (2) | Where a person who has obtained certification of ultra-light vehicle pilot falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke certification of ultra-light vehicle pilot or issue an order to suspend the effect thereof for a specified period not exceeding one year: Provided, That where he or she falls under subparagraph 1 or 8, the Minister of Land, Infrastructure and Transport shall revoke the certification of ultra-light vehicle pilot: |
| 1. | Where he or she has obtained the certification of ultra-light vehicle pilot by fraud or other improper means; |
| 2. | Where he or she is sentenced to a fine or heavier punishment for violating this Act; |
| 3. | Where he or she causes casualties or damage to property because he or she causes an ultra-light vehicle accident by intent or gross negligence when providing services as an ultra-light vehicle pilot; |
| 4. | Where he or she violates matters to be observed by an ultra-light vehicle pilot referred to in Article 129 (1); |
| 5. | Where he or she operates the flight using an ultra-light vehicle under the condition that he or she is unable to normally operate the flight using an ultra-light vehicle under the influence of alcohol, etc., in violation of Article 57 (1) which is applied in Article 131; |
| 6. | Where he or she consumes or uses alcohol, etc., referred to in Article 57 (1) during the flight using an ultra-light vehicle, in violation of Article 57 (2) which is applied in Article 131; |
| 7. | Where he or she fails to comply with a request to conduct a breath test to determine whether he or she has consumed or used alcohol, etc., referred to in Article 57 (1), in violation of Article 57 (3) which is applied in Article 131; |
| 8. | Where he or she operates the flight using an ultra-light vehicle during suspension of the effect of certification of ultra-light vehicle pilot under this Article. |
| (3) | The Minister of Land, Infrastructure and Transport may designate, construct, and operate facilities for issuing the certification of ultra-light vehicle pilots, including practical examination sites and training facilities. <Newly Inserted on Aug. 9, 2017> |
| Article 126 (Designation of Training Center Specializing in Ultra-Light Vehicles) |
| (1) | The Minister of Land, Infrastructure and Transport may designate a training center specializing in ultra-light vehicles (hereinafter referred to as "training center specializing in ultra-light vehicles") to train ultra-light vehicle pilots, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where a training center specializing in ultra-light vehicles trains ultra-light vehicle pilots, the Minister of Land, Infrastructure and Transport may fully or partially subsidize expenses incurred in training, within budgetary limits. |
| (3) | Criteria for designation, such as curriculum, methods of training, human resources, facilities and equipment, of a training center specializing in ultra-light vehicles shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | Where a person designated as a training center specializing in ultra-light vehicles falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke the designation: Provided, That where the person falls under subparagraph 1, the Minister of Land, Infrastructure and Transport shall revoke the designation: |
| 1. | Where the person has been designated as a training center specializing in ultra-light vehicles by fraud or other improper means; |
| 2. | Where the person fails to meet criteria prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport among the criteria for designation of a training center specializing in ultra-light vehicles under paragraph (3). |
| (5) | The Minister of Land, Infrastructure and Transport may require a person designated as a training center specializing in ultra-light vehicles to file a report or documents to ensure that the person meets and continues to comply with the criteria for designation under paragraph (3). <Newly Inserted on Aug. 9, 2017> |
| (6) | The Minister of Land, Infrastructure and Transport may require the relevant public officials to enter an office, etc. of a person designated as a training center specializing in ultra-light vehicles and to inspect relevant documents, facilities, equipment, etc. to ensure that the person meets and continues to comply with the criteria for designation under paragraph (3). In such cases, the inspecting public officials shall carry identification indicating their authority and present it to relevant persons. <Newly Inserted on Aug. 9, 2017> |
| (7) | The Minister of Land, Infrastructure and Transport may implement projects for nurturing ultra-light vehicle pilots, including education and training, if necessary for efficiently using such pilots and improving their operational capability. <Newly Inserted on Nov. 26, 2019> |
| Article 127 (Approval of Flight of Ultra-Light Vehicles) |
| (1) | Where the Minister of Land, Infrastructure and Transport deems it necessary for the safe flight of ultra-light vehicles, he or she may designate and publicly notify airspace within which the flight of ultra-light vehicles is restricted (hereinafter referred to as "ultra-light vehicle flight restricted airspace"). |
| (2) | A person who intends to operate the flight using an ultra-light vehicle prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as a powered flying machine, in an ultra-light vehicle flight restricted airspace, publicly notified by the Minister of Land, Infrastructure and Transport, shall in advance obtain approval of flight from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That this shall not apply to the restricted scope prescribed by Presidential Decree, such as space neighboring aerodromes and airfields. |
| (3) | In either of the following cases, approval of flight shall be obtained from the Minister of Land, Infrastructure and Transport according to the procedures provided in paragraph (2), even where the approval of flight under the main clause of paragraph (2) is not required: <Newly Inserted on Aug. 9, 2017> |
| 1. | Where it is intended to fly at an altitude not lower than the altitude prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport pursuant to subparagraph 1 of Article 68; |
| 2. | Where it is intended to fly through a zone in the controlled airspace, regulatory airspace, or warning airspace under Article 78 (1). |
| (4) | Where it is intended to operate an unmanned aerial vehicle under Article 131-2 (2) when approval of flight from the Minister of Land, Infrastructure and Transport is required under paragraphs (2) and (3) 2, such approval shall be deemed granted if the head of the relevant State agency, etc. notifies the Minister of Land, Infrastructure and Transport of such fact in advance as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Aug. 27, 2019> |
| Article 128 (Duty to Install Equipment to Assist in Rescue of Ultra-Light Vehicle) |
A person who intends to operate the flight using an ultra-light vehicle in an ultra-light vehicle flight restricted airspace shall install or carry equipment prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport for safe flight and rapid rescue activities at the time of an ultra-light vehicle accident: Provided, That this shall not apply to ultra-light vehicles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
| Article 129 (Matters to Be Observed by Ultra-Light Vehicle Pilots) |
| (1) | An ultra-light vehicle pilot shall observe matters to be observed as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to prevent the ultra-light vehicle from causing casualties or damage to property. |
| (2) | No ultra-light vehicle pilot shall fly an unmanned aerial vehicle: Provided, That the same shall not apply where he or she has obtained permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | In the event of an ultra-light vehicle accident, the ultra-light vehicle pilot shall without delay report the occurrence of the ultra-light vehicle accident to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where the ultra-light vehicle pilot is unable to report the accident, the ultra-light vehicle owner, etc. shall report the ultra-light vehicle accident. |
| (4) | When the controller of an unmanned aerial vehicle gathers or transmits information on individuals' public and private lives, including personal information defined in subparagraph 1 of Article 2 of the Personal Information Protection Act (hereinafter referred to as "personal information") or personal location information defined in subparagraph 2 of Article 2 of the Act on the Protection, Use, etc. of Location Information (hereinafter referred to as "personal location information"), by using the unmanned aerial vehicle, the controller shall not violate another person's freedoms and rights, and further details concerning formalities, procedures, etc. shall be provided by relevant statutes. <Amended on Aug. 9, 2017> |
| (5) | Notwithstanding paragraph (1), the controller of an unmanned aerial vehicle, among ultra-light vehicles, may operate the vehicle within the approved boundaries if the controller has obtained approval of nighttime flights, etc. from 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 whether the unmanned aerial vehicle meets the safety standards for extraordinary flights of unmanned aerial vehicles that are publicly notified by the Minister of Land, Infrastructure and Transport. <Newly Inserted on Aug. 9, 2017> |
| (6) | A person who intends to apply for approval under paragraph (5) may concurrently apply for approval of flight under Article 127 (2) and (3). <Newly Inserted on Nov. 26, 2019> |
| Article 130 (Orders for Ultra-Light Vehicle Use Business Entities to Improve Safety) |
Where the Minister of Land, Infrastructure and Transport deems it necessary for safety of ultra-light vehicle use business, he or she may require an ultra-light vehicle use business entity to perform the following:
| 1. | Improvement of ultra-light vehicles and other facilities; |
| 2. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which are necessary to eliminate elements interfering with the flight safety of ultra-light vehicles. |
| Article 131 (Provisions Applied Mutatis Mutandis to Ultra-Light Vehicles) |
Article 57 shall apply mutatis mutandis to restrictions on consumption or use of alcohol, etc., with regard to the ultra-light vehicle owner, etc., or a person who intends to operate the flight using an ultra-light vehicle.
| Article 131-2 (Special Cases concerning Applicability to Unmanned Aerial Vehicles) |
| (1) | This Act shall not apply to unmanned aerial vehicles for military, police, or customs purposes and to the persons engaged in the operation of the vehicles for such purposes. |
| (2) | Article 129 (1), (2), (4), and (5) shall not apply where persons urgently operate unmanned aerial vehicles (including training operation) owned or rented by the State, a local government, or a public institution under the Act on the Management of Public Institutions which is prescribed by Presidential Decree for search and rescue in disasters, accidents, etc., fire-fighting, emergency patient transport, and other public purposes prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (limited to where a safety management scheme has been prepared, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport). <Amended on Nov. 26, 2019> |
| (3) | For the purpose of applying Article 129 (3) to paragraph (2) of this Article, the "Minister of Land, Infrastructure and Transport" shall be construed as the "head of the competent administrative agency". In such cases, the head of the competent administrative agency shall notify the Minister of Land, Infrastructure and Transport of the report received under Article 129 (3). |
[This Article Newly Inserted on Aug. 9, 2017]
CHAPTER XI SUPPLEMENTARY PROVISIONS
| Article 132 (Aviation Safety Activities) |
| (1) | The Minister of Land, Infrastructure and Transport may require any of the following persons to report his or her duties or submit documents: <Amended on Jun. 9, 2020> |
| 1. | A person who manufactures or performs maintenance, etc. of aircraft, etc., components, or parts; |
| 2. | A person who constructs or manages aerodromes, airfields, airports, airport facilities, or navigation aids; |
| 3. | Aviation personnel, light sport aircraft pilot, or ultra-light vehicle pilot; |
| 4. | A person who has obtained air traffic services certification; |
| 5. | An air operator (including a foreigner providing international air transport services and a person who provides revenue-earning transport using a foreign aircraft; hereafter in this Article, the same shall apply), aircraft use business entity, aircraft maintenance service provider, ultra-light vehicle use business entity, air charter operator referred to in subparagraph 22 of Article 2 of the Aviation Business Act, sport and leisure aviation service provider referred to in subparagraph 27 of Article 2 of the same Act, light sport aircraft owner, etc., or ultra-light vehicle owner, etc.; |
| 6. | A person who establishes and manages an Approved Training Organization referred to in Article 48, a training center specializing in dangerous goods referred to in Article 72, a training center specializing in light sport aircraft referred to in Article 117, or a training center specializing in ultra-light vehicles referred to in Article 126; |
| 7. | Other persons who continuously use an aircraft, light sport aircraft, or ultra-light vehicle. |
| (2) | Where specially necessary for the enforcement of this Act, the Minister of Land, Infrastructure and Transport may require public officials belonging to the Ministry of Land, Infrastructure and Transport to gain access to any of the following places of persons falling under any subparagraph of paragraph (1), to inspect aircraft, light sport aircraft, or ultra-light vehicles, navigation aids, books, documents, and other articles, or to ask questions to relevant persons. In such cases, where the Minister of Land, Infrastructure and Transport deems it specially necessary to effectively perform duties, such as inspections, he or she may appoint an expert in aviation safety, who has qualification prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and require him or her to provide advice and suggestions on duties, such as inspections: |
| 1. | An office, factory, or other places of business; |
| 2. | An aerodrome, airfield, airport, airport facilities, navigation aids, or construction site of such facilities; |
| 3. | An airport apron where aircraft or light sport aircraft are parked; |
| 4. | Aircraft, light sport aircraft, or ultra-light vehicles. |
| (3) | The Minister of Land, Infrastructure and Transport shall regularly conduct safety inspections of airports where an air operator provides flight services, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | Where a public official belonging to the Ministry of Land, Infrastructure and Transport intends to conduct inspections or ask questions pursuant to paragraphs (2) and (3), he or she shall notify the person to be inspected or to be asked questions of a plan including the date and time of and reasons for details of inspection or questioning no later than seven days beforehand: Provided, That the same shall not apply to emergencies or where he or she deems that he or she is unable to achieve the objectives of inspection or questions due to the destruction of evidence, etc., if he or she notifies in advance. |
| (5) | A public official who conducts an inspection or asks questions pursuant to paragraphs (2) and (3) shall carry identification indicating his or her authority and present it to relevant persons. |
| (6) | Matters regarding identification referred to in paragraph (5) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (7) | Where a public official who has conducted an inspection or asked questions pursuant to paragraphs (2) and (3), he or she shall notify the person who has been inspected or asked questions of the results thereof in writing. |
| (8) | Where the Minister of Land, Infrastructure and Transport discovers any matters that may endanger the safe operation of aircraft, light sport aircraft, or ultra-light vehicles while he or she conducts an inspection referred to in paragraph (2) or (3) unless he or she urgently takes measures, he or she may require the temporary suspension of the operation of aircraft, light sport aircraft, or ultra-light vehicles or the operation of navigation aids, or require aviation personnel, ultra-light vehicle pilots, or persons who manage navigation aids to suspend their duties temporarily. |
| (9) | Where the Minister of Land, Infrastructure and Transport discovers any matters that may endanger the safe operation of aircraft, light sport aircraft, or ultra-light vehicles as a result of inspection referred to in paragraph (2) or (3), he or she may require a person who has undergone such inspection to take corrective measures, etc. |
| Article 133 (Disclosure of Information on Safety Rating concerning Air Operators) |
The Minister of Land, Infrastructure and Transport shall disclose information on the safety rating of air operators (including foreigners providing international air transport services; hereafter in this Article the same shall apply) including the following so that people may use aircraft in a safe manner, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport:
| 1. | Information on aircraft accidents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 2. | Outcomes of safety assessment conducted by the International Civil Aviation Organization (ICAO) on countries of citizenship of air operators (only applicable to countries disclosed by the International Civil Aviation Organization (ICAO), whose level of risk of an aircraft accident is high because they fail to meet safety standards); |
| 3. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in relation to the safety of air operators. |
| Article 133-2 (Public Disclosure of Safety Investment) |
| (1) | An aviation operator referred to in subparagraph 35 of Article 2 of the Aviation Business Act shall publicly disclose the details of expenditure or investment recognized by the Minister of Land, Infrastructure and Transport as being directly or indirectly related to aviation safety (hereinafter referred to as "safety investment) every year to enhance aviation safety. |
| (2) | Matters necessary for publicly disclosing safety investment, such as the scope and items of safety investment and standards and procedures for public disclosure, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Nov. 26, 2019]
[Enforcement Date: Nov. 27, 2022] Article 133-2
Where the Minister of Land, Infrastructure and Transport intends to make any of the following dispositions, he or she shall hold hearings: <Amended on Oct. 24, 2017; Dec. 26, 2017>
| 1. | Revocation of type certification or supplemental type certification referred to in Article 20 (7); |
| 2. | Revocation of approval of type certification or approval of supplemental type certification referred to in Article 21 (7); |
| 3. | Revocation of production certification referred to in Article 22 (5); |
| 4. | Revocation of airworthiness certificate referred to in Article 23 (7); |
| 5. | Revocation of airworthiness approval referred to in Article 24 (3); |
| 6. | Revocation of certification of compliance with noise standards referred to in Article 25 (3); |
| 7. | Revocation of type approval of articles with technical standard order design approval referred to in Article 27 (4); |
| 8. | Revocation of parts manufacturer certification referred to in Article 28 (5); |
| 9. | Revocation or suspension of the effect of certification of qualification, etc., referred to in Article 43 (1) or aviation medical certification referred to in Article 43 (2); |
| 10. | Revocation of instrument flight certification or flight instructor certification referred to in Article 43 (1) which is applied mutatis mutandis in Article 44 (4); |
| 11. | Revocation of certification of proficiency in aviation English referred to in Article 43 (1) which is applied mutatis mutandis in Article 45 (6); |
| 12. | Revocation of designation as an Approved Training Organization (ATO) referred to in Article 48-2; |
| 13. | Revocation of designation as an aviation medical examiner or the suspension of the effect thereof referred to in Article 50 (1); |
| 14. | Revocation of certification of qualification referred to in Article 63 (3); |
| 15. | Revocation of designation as an agency responsible for inspecting packaging and containers referred to in Article 71 (5); |
| 16. | Revocation of designation as a training center specializing in dangerous goods referred to in Article 72 (5); |
| 17. | Revocation of air traffic services certification referred to in Article 86 (1); |
| 18. | Revocation of air operator certificate (AOC) referred to in Article 91 (1) or 95 (1); |
| 19. | Revocation of certification of Approved Maintenance Organization (AMO) referred to in Article 98 (1); |
| 20. | Revocation of approval of air operator certificate (AOC) referred to in the proviso of Article 105 (1); |
| 21. | Revocation of certification of qualification, etc., referred to in Article 114 (1) or of aviation medical certification under Article 114 (2); |
| 22. | Revocation of flight instructor certification referred to in Article 114 (1) which is applied in Article 115 (3); |
| 23. | Revocation of designation as a training center specializing in light sport aircraft referred to in Article 117 (4); |
| 24. | Revocation of certification of ultra-light vehicle pilot referred to in Article 125 (2); |
| 25. | Revocation of designation as a training center specializing in ultra-light vehicles referred to in Article 126 (4). |
| Article 135 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport may delegate part of his or her authority under this Act to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of an agency under his or her jurisdiction, as prescribed by Presidential Decree. |
| (2) | The Minister of Land, Infrastructure and Transport may designate a specialized inspection agency and entrust it with duties concerning certification, approval, or inspections referred to in Articles 20 through 25, 27, 28, and 30, as prescribed by Presidential Decree. |
| (3) | The Minister of Land, Infrastructure and Transport may delegate authority over approval of repair or modification of aircraft of State agencies, etc., among authority over approval of repair or modification under Article 30, to the head of a relevant central administrative agency, as prescribed by Presidential Decree. |
| (4) | Deleted. <Jun. 9, 2020> |
| (5) | The Minister of Land, Infrastructure and Transport may entrust the following services to the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act (hereinafter referred to as the “Korea Transportation Safety Authority") or an institution or organization related to aviation, as prescribed by Presidential Decree: <Amended on Aug. 9, 2017; Oct. 24, 2017; Nov. 26, 2019; Jun. 9, 2020> |
| 1. | Services concerning examinations for certification of qualification, limited review of certification of qualification, and the issuance of certificates of qualification referred to in Article 38; |
| 2. | Services concerning instrument flight certification, flight instructor certification, and the issuance of certificates referred to in Article 44; |
| 3. | Services concerning the issuance of certificates of proficiency in aviation English referred to in Article 45 (3); |
| 4. | Services concerning the integrated aviation education and training management systems referred to in Article 48 (9) and (10); |
| 5. | Services concerning the receipt, analysis, and dissemination of the voluntary aviation safety reporting referred to in Article 61; |
| 6. | Services concerning examinations for certification of qualification of light sport aircraft pilot, limited review of certification of qualification, and the issuance of certificates of qualification referred to in Article 112; |
| 7. | Services concerning light sport aircraft flight instructor certification and the issuance of certificates, and training of persons who have obtained light sport aircraft flight instructor certification referred to in Article 115 (1) and (2); |
| 8. | Services concerning acceptance of a report on an ultra-light vehicle and issuance of a report number under Article 122; |
| 9. | Services concerning reporting of modification, reporting of cancellation, notification of reporting of cancellation, ex officio cancellation, and notification of ex officio cancellation under Article 123; |
| 10. | Services concerning certification of ultra-light vehicle pilot referred to in Article 125 (1); |
| 11. | Services concerning the designation, establishment, and operation of facilities, including practical examination sites and training facilities, under Article 125 (3); |
| 12. | Services concerning designation as training centers specializing in ultra-light vehicles and confirmation of whether to meet and continue to comply with the criteria for designation under Article 126 (1) and (5); |
| 13. | Services concerning nurturing pilots, including education and training under Article 126 (7). |
| (6) | The Minister of Land, Infrastructure and Transport may entrust the following services to an institution or organization specializing in aviation medicine, as prescribed by Presidential Decree: |
| 1. | Services concerning aviation medical certification under Article 40; |
| 2. | Services concerning training of aviation medical examiners under Article 49 (3). |
| (7) | The Minister of Land, Infrastructure and Transport may entrust services concerning the implementation of examinations for the certification of proficiency in aviation English under Article 45 (2) to the Korea Transportation Safety Authority or an institution or organization specializing in the evaluation of English proficiency, as prescribed by Presidential Decree. <Amended on Aug. 9, 2017; Oct. 24, 2017> |
| (8) | The Minister of Land, Infrastructure and Transport may entrust the following services to the Korea Institute of Aviation Safety Technology under the Korea Institute of Aviation Safety Technology Act or an institution or organization related to aviation, as prescribed by Presidential Decree: <Newly Inserted on Jan. 17, 2017; Aug. 9, 2017; Aug. 27, 2019> |
| 1. | Services concerning research to establish technical standards for aircraft, flight rules, procedures and methods for handling dangerous goods, and flight technology standards referred to in Articles 19, 67, 70, and 77 in accordance with standards adopted and methods recommended by the Convention on International Civil Aviation and Annexes to the aforesaid Convention; |
| 2. | Services concerning the analysis and dissemination of mandatory aviation safety reporting referred to in Article 59; |
| 3. | Services concerning inspections under the latter part of Article 129 (5); |
| 4. | Other services prescribed by Presidential Decree, which are research and analysis for the safe navigation of aircraft. |
| Article 135 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport may delegate part of his or her authority under this Act to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of an agency under his or her jurisdiction, as prescribed by Presidential Decree. |
| (2) | The Minister of Land, Infrastructure and Transport may designate a specialized inspection agency and entrust it with duties concerning certification, approval, or inspections referred to in Articles 20 through 25, 27, 28, and 30, as prescribed by Presidential Decree. |
| (3) | The Minister of Land, Infrastructure and Transport may delegate authority over approval of repair or modification of aircraft of State agencies, etc., among authority over approval of repair or modification under Article 30, to the head of a relevant central administrative agency, as prescribed by Presidential Decree. |
| (4) | Deleted. <Jun. 9, 2020> |
| (5) | The Minister of Land, Infrastructure and Transport may entrust the following services to the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act (hereinafter referred to as the “Korea Transportation Safety Authority") or an institution or organization related to aviation, as prescribed by Presidential Decree: <Amended on Aug. 9, 2017; Oct. 24, 2017; Nov. 26, 2019; Jun. 9, 2020> |
| 1. | Services concerning examinations for certification of qualification, limited review of certification of qualification, and the issuance of certificates of qualification referred to in Article 38; |
| 2. | Services concerning instrument flight certification, flight instructor certification, and the issuance of certificates referred to in Article 44; |
| 3. | Services concerning the issuance of certificates of proficiency in aviation English referred to in Article 45 (3); |
| 4. | Services concerning the integrated aviation education and training management systems referred to in Article 48 (9) and (10); |
| 5. | Services concerning the receipt, analysis, and dissemination of the voluntary aviation safety reporting referred to in Article 61; |
| 6. | Services concerning examinations for certification of qualification of light sport aircraft pilot, limited review of certification of qualification, and the issuance of certificates of qualification referred to in Article 112; |
| 7. | Services concerning light sport aircraft flight instructor certification and the issuance of certificates, and training of persons who have obtained light sport aircraft flight instructor certification referred to in Article 115 (1) and (2); |
| 8. | Services concerning acceptance of a report on an ultra-light vehicle and issuance of a report number under Article 122; |
| 9. | Services concerning reporting of modification, reporting of cancellation, notification of reporting of cancellation, ex officio cancellation, and notification of ex officio cancellation under Article 123; |
| 10. | Services concerning certification of ultra-light vehicle pilot referred to in Article 125 (1); |
| 11. | Services concerning the designation, establishment, and operation of facilities, including practical examination sites and training facilities, under Article 125 (3); |
| 12. | Services concerning designation as training centers specializing in ultra-light vehicles and confirmation of whether to meet and continue to comply with the criteria for designation under Article 126 (1) and (5); |
| 13. | Services concerning nurturing pilots, including education and training under Article 126 (7). |
| 14. | Services concerning public disclosure of safety investment under Article 133-2 (1). |
| (6) | The Minister of Land, Infrastructure and Transport may entrust the following services to an institution or organization specializing in aviation medicine, as prescribed by Presidential Decree: |
| 1. | Services concerning aviation medical certification under Article 40; |
| 2. | Services concerning training of aviation medical examiners under Article 49 (3). |
| (7) | The Minister of Land, Infrastructure and Transport may entrust services concerning the implementation of examinations for the certification of proficiency in aviation English under Article 45 (2) to the Korea Transportation Safety Authority or an institution or organization specializing in the evaluation of English proficiency, as prescribed by Presidential Decree. <Amended on Aug. 9, 2017; Oct. 24, 2017> |
| (8) | The Minister of Land, Infrastructure and Transport may entrust the following services to the Korea Institute of Aviation Safety Technology under the Korea Institute of Aviation Safety Technology Act or an institution or organization related to aviation, as prescribed by Presidential Decree: <Newly Inserted on Jan. 17, 2017; Aug. 9, 2017; Aug. 27, 2019> |
| 1. | Services concerning research to establish technical standards for aircraft, flight rules, procedures and methods for handling dangerous goods, and flight technology standards referred to in Articles 19, 67, 70, and 77 in accordance with standards adopted and methods recommended by the Convention on International Civil Aviation and Annexes to the aforesaid Convention; |
| 2. | Services concerning the analysis and dissemination of mandatory aviation safety reporting referred to in Article 59; |
| 3. | Services concerning inspections under the latter part of Article 129 (5); |
| 4. | Other services prescribed by Presidential Decree, which are research and analysis for the safe navigation of aircraft. |
| (1) | Any of the following persons shall pay fees prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the Minister of Land, Infrastructure and Transport: Provided, That where authority has been delegated to an institution pursuant to Article 135 (2) and (5) through (8), he or she shall pay fees to such institution: <Amended on Nov. 26, 2019; Jun. 9, 2020> |
| 1. | A person who intends to obtain verification, approval, certification, registration or undergo an inspection (hereinafter referred to as "inspection, etc.") under this Act; |
| 2. | A person who applies for the issuance or reissuance of a certificate or permit under this Act. |
| (2) | Where it is necessary to make a business trip to the field of inspection, etc., the travel expenses incurred in making the business trip shall be borne by an applicant. In such cases, criteria for travel expenses shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 137 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
| 1. | A person who is not a public official among inspectors referred to in Article 31 (2); |
| 2. | Executive officers and employees of a specialized inspection agency, a specialized institution or organization, etc. engaged in duties entrusted by the Minister of Land, Infrastructure and Transport pursuant to the provisions of Article 135 (2) and (5) through (8). |
CHAPTER XII PENALTY PROVISIONS
| Article 138 (Crime of Endangering Aircraft in Flight) |
| (1) | A person who crashes, capsizes, or destroys an aircraft, light sport aircraft, or ultra-light vehicle in flight with people aboard shall be punished by death, life imprisonment, or imprisonment with labor for at least five years. |
| (2) | A person who crashes, capsizes, or destroys an aircraft, light sport aircraft, or ultra-light vehicle in flight with people aboard for committing a crime referred to in Article 140 shall be punished by death, life imprisonment, or imprisonment with labor for at least five years. |
| Article 139 (Crime of Causing Injuries or Deaths by Causing Danger to Aircraft in Flight) |
A person who causes injuries or deaths of people by committing a crime referred to in Article 138 shall be punished by death, life imprisonment, or imprisonment with labor for at least seven years.
| Article 140 (Crime of Endangering Aviation) |
A person who endangers aviation by destroying aerodromes, airfields, airport facilities, or navigation aids or by other means shall be punished by imprisonment with labor for up to 10 years. <Amended on Oct. 24, 2017>
| Article 141 (Attempted Criminal) |
Any person attempting to commit an offense referred to in Articles 138 (1) and 140 shall be punished.
| Article 142 (Crime of Interfering with Exercise of Rights of Persons on Board by Pilot in Command) |
| (1) | The pilot in command or a pilot who has a person on board an aircraft do work that is not his or her duty or interferes with the exercise of the right of the person by abusing his or her authority shall be punished by imprisonment with labor for at least one year and up to 10 years. |
| (2) | The pilot in command or a pilot who commits a crime referred to in paragraph (1) by using violence shall be punished by imprisonment with labor for at least three years and up to 15 years. <Amended on Oct. 24, 2017> |
| Article 143 (Crime of Deserting Aircraft by Pilot in Command) |
The pilot in command (including a person who is to perform duties of the pilot in command) who deserts an aircraft, in violation of Article 62 (4), shall be punished by imprisonment with labor for up to five years.
| Article 144 (Crime of Using Aircraft That Has not Obtained Airworthiness Certificate) |
Any of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 50 million won:
| 1. | A person who fails to obtain airworthiness certificate or certification of compliance with noise standards or controls the flight of an aircraft whose airworthiness certificate or certification of compliance with noise standards was revoked or suspended, in violation of Article 23 or 25; |
| 2. | A person who manufactures or sells articles with technical standard order design approval that have not obtained type approval of articles with technical standard order design approval or uses such articles on an aircraft, etc., in violation of Article 27 (3); |
| 3. | A person who manufactures or sells components or parts that have not obtained parts manufacturer certification or uses such components or parts on an aircraft, etc., or such parts on components, in violation of Article 28 (3); |
| 4. | A person who controls the flight of an aircraft, etc. that has not obtained approval of repair or modification, or uses components or parts that have not obtained approval of repair or modification on the aircraft, etc., in violation of Article 30; |
| 5. | A person who controls the flight of an aircraft, etc. on which maintenance, etc. has been performed without obtaining confirmation of airworthiness or uses components or parts on the aircraft, etc., without obtaining confirmation of airworthiness, in violation of Article 32 (1). |
| Article 144-2 (Crime of Violation of Designation of Approved Training Organization) |
Any person who uses aircraft, etc. to train aviation personnel referred to in subparagraphs 1 through 4 of Article 35, without being designated as an Approved Training Organization in violation of the proviso of Article 48 (1), shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won. [This Article Newly Inserted on Oct. 24, 2017]
| Article 145 (Crime of Violation of Air Operator Certificate) |
Any of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won:
| 1. | An air operator or aircraft use business entity who begins the operation of aircraft without obtaining the air operator certificate (AOC) referred to in Article 90 (1) (including cases where it is applied mutatis mutandis in Article 96 (1)); |
| 2. | An aircraft maintenance service provider or foreign aircraft maintenance service provider who has performed maintenance of aircraft, etc., components or parts without obtaining certification of Approved Maintenance Organization (AMO), in violation of Article 97. |
| Article 146 (Crime of Consumption or Use of Alcohol) |
Any of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won: <Amended on Jun. 9, 2020>
| 1. | Aviation personnel (including a person who undergoes flight practice referred to in Article 46 or undergoes air traffic control practice referred to in Article 47; hereinafter the same shall apply) or cabin crew members who are engaged in duties under the condition where they are unable to normally perform aviation services (including flight practice referred to in Article 46 and air traffic control practice referred to in Article 47) or the duties of cabin crew under the influence of alcohol, etc., in violation of Article 57 (1); |
| 2. | Aviation personnel or cabin crew members who consume or use any alcohol, etc., in violation of Article 57 (2); |
| 3. | Aviation personnel or cabin crew members who refuse to undergo a breath test conducted by the Minister of Land, Infrastructure and Transport, in violation of Article 57 (3). |
| Article 147 (Crime of Violation of Air Traffic Services Certification) |
| (1) | A person who provides air traffic services without obtaining air traffic services certification, in violation of Article 85 (1), shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won. |
| (2) | Any of the following persons shall be punished by a fine not exceeding 10 million won: |
| 1. | A person who fails to maintain an air traffic services provision system or to comply with criteria for air traffic services certification, in violation of Article 85 (4); |
| 2. | A person who changes an air traffic services provision system without reporting or obtaining approval, in violation of Article 85 (5). |
| Article 148 (Crime of Performance of Aviation Services by Unqualified Persons) |
Any of the following persons shall be punished by imprisonment with labor for up to two years or by a fine not exceeding 20 million won: <Amended on Jan. 17, 2017>
| 1. | A person who is engaged in aviation services without obtaining certification of qualification, in violation of Article 34; |
| 2. | A person who is engaged in duties beyond the scope of services based on the kind of certification of qualification he or she has obtained, in violation of Article 36 (2); |
| 3. | A person who violates an order to suspend the effect referred to in Article 43 (including cases which are applied mutatis mutandis in Articles 46 (4) and 47 (4)); |
| 4. | A person who is engaged in duties referred to in Article 45 (1) without obtaining certification of proficiency in aviation English, in violation of Article 45. |
| Article 148-2 (Crime of Mandatory Aviation Safety Reporting) |
Any person who gives any disadvantage to a person who makes mandatory aviation safety reporting in violation of Article 59 (3) shall be punished by imprisonment with labor for up to two years or by a fine not exceeding 20 million won. [This Article Newly Inserted on Aug. 27, 2019]
| Article 149 (Crime of Endangering Aviation by Negligence) |
| (1) | A person who destroys an aircraft, light sport aircraft, ultra-light vehicle, aerodrome, airfield, airport facilities, or navigation aids due to negligence, or a person who endangers aviation, crashes, capsizes or destroys an aircraft in flight by other means, shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won. <Amended on Jan. 17, 2017> |
| (2) | Where a person commits a crime referred to in paragraph (1) due to professional negligence or gross negligence, he or she shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 50 million won. |
| Article 150 (Crime of Failure to Display) |
An owner, etc. who operate an aircraft without attaching nationality, etc. of the aircraft pursuant to Article 18 or attaching false nationality, etc. of the aircraft shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won. <Amended on Jan. 17, 2017>
| Article 151 (Crime of Failure to Have Aircrew Aboard) |
An owner, etc. who have a person without certification of qualification as aviation personnel aboard an aircraft and provide services or who fail to have aircrew aboard an aircraft and provide services pursuant to this Act shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won. <Amended on Jan. 17, 2017>
| Article 152 (Crime of Unqualified Instrument Flight) |
A person who violates Article 44 (1) or (2), or 55 shall be punished by a fine not exceeding 20 million won.
| Article 153 (Crime of Uninstallation or Disuse of Radio Equipment) |
A person who violates Articles 51 through 54 shall be punished by a fine not exceeding 20 million won.
| Article 153-2 (Crimes of Smoking on Aircraft) |
| (1) | Any person who violates Article 57-2 on an aircraft in flight shall be punished by a fine not exceeding 10 million won. |
| (2) | Any person who violates Article 57-2 on an aircraft in transit shall be punished by a fine not exceeding five million won. |
[This Article Newly Inserted on Dec. 8, 2020]
| Article 154 (Crime of Transporting Dangerous Goods without Permission) |
A person who violates Article 70 (1) shall be punished by a fine not exceeding 20 million won.
| Article 155 (Crime of Operation of Aircraft within Reduced Vertical Separation Minima Airspace without Approval) |
An owner, etc. who operate an aircraft within airspace falling under Article 75 (1) without obtaining approval from the Minister of Land, Infrastructure and Transport, in violation of Article 75, shall be punished by a fine not exceeding 10 million won.
| Article 156 (Crime concerning Services of Air Operators) |
In any of the following cases, an air operator or aircraft use business entity shall be punished by a fine not exceeding 10 million won: <Amended on Jun. 9, 2020>
| 1. | Where it operates an airplane without obtaining approval, in violation of Article 74; |
| 2. | Where it operates or maintains an aircraft without complying with regulations for aircraft operation or regulations for aircraft maintenance, in violation of the latter part of Article 93 (7) (including cases where it is applied mutatis mutandis in Article 96 (2)); |
| 3. | Where it fails to implement an order for safety of air transport referred to in Article 94 (including cases where it is applied mutatis mutandis in Article 96 (2)). |
| Article 157 (Crime concerning Services of Foreigners Providing International Air Transport Services) |
In any of the following cases, a foreigner providing international air transport services shall be punished by a fine not exceeding 10 million won:
| 1. | Where it operates an aircraft without carrying documents referred to in Article 104 (1) on board the aircraft, in violation of Article 104 (1); |
| 2. | Where it violates an order to suspend the operation of an aircraft referred to in Article 105; |
| 3. | Where it fails to comply with an order for the safety of air transport referred to in Article 94 that is applied in Article 106. |
| Article 158 (Crime concerning Violation of Duty of Pilot in Command to File Reports) |
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended on Aug. 27, 2019>
| 1. | A person who fails to report or files a false report on an aircraft accident, serious incident, or incident subject to mandatory reporting, in violation of Article 62 (5) or (6); |
| 2. | A person who takes off an aircraft or modifies a flight plan without obtaining approval referred to in Article 65 (2). |
| Article 159 (Crime concerning Duties of Flight Crew) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won: |
| 1. | A person who violates Articles 66 through 68, 79 or 100 (1); |
| 2. | A person who fails to comply with instructions referred to in Article 84 (1); |
| 3. | A person who fails to comply with a request for landing under Article 100 (3). |
| (2) | Where a flight crew member other than the pilot in command commits a crime referred to in paragraph (1), not only the person who commits the crime but the pilot in command also shall be punished by a fine not exceeding five million won. |
| Article 160 (Crime of Unlawful Use of Light Sport Aircraft) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won: |
| 1. | A person who operates the flight using light sport aircraft under the condition that he or she is unable to normally operate the flight using the light sport aircraft under the influence of any alcohol, etc., in violation of Article 57 (1) which is applied mutatis mutandis in Article 121 (2); |
| 2. | A person who consumes or uses any alcohol, etc. during flight of light sport aircraft, in violation of Article 57 (2) which is applied mutatis mutandis in Article 121 (2); |
| 3. | A person who fails to comply with a request to undergo a breath test made by the Minister of Land, Infrastructure and Transport, in violation of Article 57 (3) which is applied mutatis mutandis in Article 121 (2). |
| (2) | A person who performs duties other than controlling the flight of light sport aircraft in violation of the main clause of Article 110 shall be punished by imprisonment with labor for up to two years or by a fine not exceeding 20 million won. |
| (3) | A person who operates the flight or requires another person to operate the flight using light sport aircraft to which safety certification referred to in Article 108 (1) has not been provided, shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won. |
| (4) | Any of the following persons shall be punished by imprisonment with labor for up to six months or by a fine not exceeding five million won: <Amended on Jun. 9, 2020> |
| 1. | A person who operates the flight using light sport aircraft without obtaining certification of qualification of a light sport aircraft pilot, in violation of Article 109 (1); |
| 2. | A person who operates the flight using a light sport aircraft that has not been registered, in violation of Article 7 (1) which is applied mutatis mutandis in Article 121 (1); |
| 3. | A person who operates the flight using a light sport aircraft on which the nationality and registration mark are not displayed or the false nationality and registration mark are displayed, in violation of Article 18 (1) which is applied mutatis mutandis in Article 121 (1). |
| (5) | A person who conducts flight training without obtaining certification of light sport aircraft flight instructor, in violation of Article 115 (1), shall be punished by a fine not exceeding 20 million won. |
| (6) | A person who fails to install and operate radio equipment, in violation of Article 119, shall be punished by a fine not exceeding five million won. |
| (7) | Any of the following persons shall be punished by a fine not exceeding three million won: |
| 2. | A person who conducts the flight of an aircraft in regulatory airspace, in violation of Article 79 (2) which is applied mutatis mutandis in Article 121 (4). |
| Article 161 (Crime of Unlawful Use of Ultra-Light Vehicle) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won: |
| 1. | A person who operates the flight using an ultra-light vehicle under the condition where he or she is unable to normally operate the flight using the ultra-light vehicle under the influence of any alcohol, etc., in violation of Article 57 (1) which is applied mutatis mutandis in Article 131; |
| 2. | A person who consumes or uses any alcohol, etc. during flight of an ultra-light vehicle, in violation of Article 57 (2) which is applied mutatis mutandis in Article 131; |
| 3. | A person who fails to comply with a request to undergo a breath test devised by the Minister of Land, Infrastructure and Transport, in violation of Article 57 (3) which is applied in Article 131. |
| (2) | A person who conducts the flight using an ultra-light vehicle for which safety certification that the ultra-light vehicle meets technical standards for flight safety referred to in Article 124 has not been provided without obtaining ultra-light vehicle pilot certification under Article 125 (1) shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won. |
| (3) | A person who operates the flight without reporting an ultra-light vehicle or reporting any change thereof, in violation of Article 122 or 123 shall be punished by imprisonment with labor for up to six months or by a fine not exceeding five million won. |
| (4) | A person who flies an unmanned aerial vehicle without obtaining permission from the Minister of Land, Infrastructure and Transport, in violation of Article 129 (2), shall be punished by a fine not exceeding five million won. |
| (5) | A person who operates the flight of an ultra-light vehicle within an ultra-light vehicle flight restricted airspace without obtaining approval from the Minister of Land, Infrastructure and Transport, in violation of Article 127 (2), shall be punished by a fine not exceeding two million won. |
| Article 162 (Crime of Violation of Orders) |
An ultra-light vehicle use business entity who fails to comply with orders for the safety of ultra-light vehicle use business referred to in Article 130 shall be punished by a fine not exceeding 10 million won.
| Article 163 (Crime of Refusal of Inspection) |
A person who refuses, interferes with or avoids inspection or access referred to in Article 132 (2) and (3) shall be punished by a fine not exceeding five million won.
| Article 164 (Joint Penalty Provisions) |
Where the representative of a juristic person, or an agent, employee or other servant of a juristic person or individual commits an offense falling under Articles 144, 145, 148, 150 through 154, 156, 157 and 159 through 163 in connection with the business of the juristic person or the individual, not only shall such violator be punished, but the juristic person or the individual shall also be punished by a fine under the relevant provisions: Provided, That this shall not apply where the juristic person or the individual has not neglected to pay due attention and supervision concerning the relevant business in order to prevent such violation.
| Article 165 (Special Cases concerning Application of Penalty Provisions) |
Where the penalty provisions under Articles 144, 156 and 163 apply, a public action may be brought only when the Minister of Land, Infrastructure and Transport brings an accusation of an act on which a penalty surcharge may be imposed pursuant to Article 92 (including cases where it is applied mutatis mutandis in Article 106) or 95 (4), and no administrative fine shall be imposed on an act on which a penalty surcharge has been imposed. <Amended on Jan. 17, 2017>
| Article 166 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Dec. 8, 2020> |
| 1. | A person who fails to manage the fatigue of aircrew or flight dispatchers under his or her control by at least one of the methods referred to in the subparagraphs of Article 56 (1) (excluding an air operator or aircraft use business entity), in violation of Article 56 (1); |
| 2. | A person who operates a fatigue risk management system or changes important matters without obtaining approval from the Minister of Land, Infrastructure and Transport (excluding an air operator or aircraft use business entity), in violation of Article 56 (2); |
| 3. | A person who falls under any of the following (only applicable to a person other than an air operator or aircraft use business entity among those who fall under Article 58 (2) 1 and 4), in violation of Article 58 (2): |
| (a) | A person who fails to build an aviation safety management system before commencing the manufacture, operation, etc. of aircraft; |
| (b) | A person who operates an aviation safety management system without obtaining approval from the Minister of Land, Infrastructure and Transport; |
| (c) | A person who operates an aviation safety management system differently from the approved details thereof; |
| (d) | A person who changes important matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport without obtaining approval from the Minister of Land, Infrastructure and Transport; |
| 4. | A person other than an air operator, who operates an aircraft without employing a flight dispatcher, in violation of Article 65 (1); |
| 5. | A person other than an air operator, who requires a flight dispatcher to be engaged in duties without providing education and training necessary to perform the relevant duties, in violation of Article 65 (3); |
| 6. | A person who handles dangerous goods without complying with procedures and methods for handling dangerous goods referred to in Article 70 (3); |
| 7. | A person who sells packaging and containers that have not undergone inspections referred to in Article 71 (1); |
| 8. | A person who handles dangerous goods without receiving training necessary to handle dangerous goods, in violation of Article 72 (1); |
| 9. | A person who conducts light sport aircraft flight training without receiving training, as prescribed by the Minister of Land, Infrastructure and Transport, in violation of Article 115 (2); |
| 10. | A person who operates the flight without obtaining safety certification that an ultra-light vehicle meets technical standards for the flight safety thereof (excluding cases to which Article 161 (2) applies), in violation of Article 124; |
| 11. | A person who fails to file a report, etc. under Article 132 (1) or files a false report, etc.; |
| 12. | A person who makes a false statement in response to questions referred to in Article 132 (2); |
| 13. | A person who fails to comply with the suspension of navigation, operation, or business referred to in Article 132 (8); |
| 14. | A person who fails to comply with an order to take corrective measures, etc. referred to in Article 132 (9). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: |
| 1. | A person who operates the flight using light sport aircraft without obtaining certification that the light sport aircraft may be safely operated in accordance with the method prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in violation of Article 108 (4); |
| 2. | A person who operates the flight using light sport aircraft without observing matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in violation of Article 120 (1); |
| 3. | A person who operates the flight using an ultra-light vehicle without obtaining ultra-light vehicle pilot certification (excluding cases to which Article 161 (2) applies), in violation of Article 125 (1). |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Aug. 9, 2017; Jun. 9, 2020> |
| 1. | A person who fails to apply for registration of any modification in violation of Article 13 or to apply for de-registration in violation of Article 15 (1); |
| 2. | A person who uses an aircraft without attaching the aircraft registration mark, in violation of Article 17 (1); |
| 3. | A person who fails to comply with a request to conform to the changed technical standards for aircraft, in violation of Article 26; |
| 4. | A person, who is not aviation personnel, causes an aviation safety hazard referred to in Article 61 (1) by intent or gross negligence; |
| 5. | A person who fails to comply with instructions given by the Minister of Land, Infrastructure and Transport or a person who has obtained air traffic services certification for the safety of air traffic, in violation of Article 84 (2) (including cases applied mutatis mutandis in Article 121 (5)); |
| 6. | A person who performs services concerning the operation or maintenance of aircraft without complying with regulations for aircraft operation or regulations for aircraft maintenance, in violation of the latter part of Article 93 (7) (including cases applied mutatis mutandis in Article 96 (2)); |
| 7. | A person who operates the flight using light sport aircraft without complying with the scope of operation based on the rating of safety certification granted, in violation of Article 108 (3); |
| 8. | A person who operates the flight using an ultra-light vehicle without observing matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in violation of Article 129 (1); |
| 9. | A person who operates a flight of an ultra-light vehicle without approval from the Minister of Land, Infrastructure and Transport, in violation of Article 127 (3); |
| 10. | A person who operates a flight outside of the boundaries approved by the Minister of Land, Infrastructure and Transport, in violation of Article 129 (5). |
| (4) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Aug. 27, 2019; Jun. 9, 2020> |
| 1. | A person who fails to file a report under Article 33 or files a false report; |
| 2. | A person who fails to report an aviation accident, serious incident, or incident subject to mandatory reporting or files a false report thereon, in violation of Article 59 (1) (including cases where it is applied mutatis mutandis in Article 106); |
| 3. | A light sport aircraft owner, etc. who fail to attach the light sport aircraft registration mark, in violation of Article 17 (1) which is applied mutatis mutandis in Article 121 (1); |
| 4. | An ultra-light vehicle owner, etc. who fail to attach the report number on the relevant ultra-light vehicle or attach the false report number thereon, in violation of Article 122 (5); |
| 5. | A person who operates the flight using an ultra-light vehicle without installing or carrying equipment prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in violation of Article 128. |
| (5) | Any of the following persons shall be subject to an administrative fine not exceeding 500,000 won: |
| 1. | A light sport aircraft pilot or the light sport aircraft owner, etc. who fail to report a light sport aircraft accident or files a false report thereon, in violation of Article 120 (2); |
| 2. | A light sport aircraft owner, etc. who fail to apply for registration of modification or de-registration of light sport aircraft, in violation of Article 13 or 15 which is applied mutatis mutandis in Article 121 (1). |
| (6) | Any of the following persons shall be subject to an administrative fine not exceeding 300,000 won: <Amended on Jun. 9, 2020> |
| 1. | An ultra-light vehicle owner, etc. who fail to file a report on cancellation of the ultra-light vehicle, in violation of Article 123 (4); |
| 2. | An ultra-light vehicle pilot or the ultra-light vehicle owner, etc. who fail to report an ultra-light vehicle accident or files a false report thereon, in violation of Article 129 (3). |
| Article 166 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Nov. 26, 2019; Dec. 8, 2020> |
| 1. | A person who fails to manage the fatigue of aircrew or flight dispatchers under his or her control by at least one of the methods referred to in the subparagraphs of Article 56 (1) (excluding an air operator or aircraft use business entity), in violation of Article 56 (1); |
| 2. | A person who operates a fatigue risk management system or changes important matters without obtaining approval from the Minister of Land, Infrastructure and Transport (excluding an air operator or aircraft use business entity), in violation of Article 56 (2); |
| 3. | A person who falls under any of the following (only applicable to a person other than an air operator or aircraft use business entity among those who fall under Article 58 (2) 1 and 4), in violation of Article 58 (2): |
| (a) | A person who fails to build an aviation safety management system before commencing the manufacture, operation, etc. of aircraft; |
| (b) | A person who operates an aviation safety management system without obtaining approval from the Minister of Land, Infrastructure and Transport; |
| (c) | A person who operates an aviation safety management system differently from the approved details thereof; |
| (d) | A person who changes important matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport without obtaining approval from the Minister of Land, Infrastructure and Transport; |
| 4. | A person other than an air operator, who operates an aircraft without employing a flight dispatcher, in violation of Article 65 (1); |
| 5. | A person other than an air operator, who requires a flight dispatcher to be engaged in duties without providing education and training necessary to perform the relevant duties, in violation of Article 65 (3); |
| 6. | A person who handles dangerous goods without complying with procedures and methods for handling dangerous goods referred to in Article 70 (3); |
| 7. | A person who sells packaging and containers that have not undergone inspections referred to in Article 71 (1); |
| 8. | A person who handles dangerous goods without receiving training necessary to handle dangerous goods, in violation of Article 72 (1); |
| 9. | A person who conducts light sport aircraft flight training without receiving training, as prescribed by the Minister of Land, Infrastructure and Transport, in violation of Article 115 (2); |
| 10. | A person who operates the flight without obtaining safety certification that an ultra-light vehicle meets technical standards for the flight safety thereof (excluding cases to which Article 161 (2) applies), in violation of Article 124; |
| 11. | A person who fails to file a report, etc. under Article 132 (1) or files a false report, etc.; |
| 12. | A person who makes a false statement in response to questions referred to in Article 132 (2); |
| 13. | A person who fails to comply with the suspension of navigation, operation, or business referred to in Article 132 (8); |
| 14. | A person who fails to comply with an order to take corrective measures, etc. referred to in Article 132 (9); |
| 15. | A person who fails to make public disclosure under Article 133-2 (1) or makes false public disclosure. |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: |
| 1. | A person who operates the flight using light sport aircraft without obtaining certification that the light sport aircraft may be safely operated in accordance with the method prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in violation of Article 108 (4); |
| 2. | A person who operates the flight using light sport aircraft without observing matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in violation of Article 120 (1); |
| 3. | A person who operates the flight using an ultra-light vehicle without obtaining ultra-light vehicle pilot certification (excluding cases to which Article 161 (2) applies), in violation of Article 125 (1). |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Aug. 9, 2017; Jun. 9, 2020> |
| 1. | A person who fails to apply for registration of any modification in violation of Article 13 or to apply for de-registration in violation of Article 15 (1); |
| 2. | A person who uses an aircraft without attaching the aircraft registration mark, in violation of Article 17 (1); |
| 3. | A person who fails to comply with a request to conform to the changed technical standards for aircraft, in violation of Article 26; |
| 4. | A person, who is not aviation personnel, causes an aviation safety hazard referred to in Article 61 (1) by intent or gross negligence; |
| 5. | A person who fails to comply with instructions given by the Minister of Land, Infrastructure and Transport or a person who has obtained air traffic services certification for the safety of air traffic, in violation of Article 84 (2) (including cases applied mutatis mutandis in Article 121 (5)); |
| 6. | A person who performs services concerning the operation or maintenance of aircraft without complying with regulations for aircraft operation or regulations for aircraft maintenance, in violation of the latter part of Article 93 (7) (including cases applied mutatis mutandis in Article 96 (2)); |
| 7. | A person who operates the flight using light sport aircraft without complying with the scope of operation based on the rating of safety certification granted, in violation of Article 108 (3); |
| 8. | A person who operates the flight using an ultra-light vehicle without observing matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in violation of Article 129 (1); |
| 9. | A person who operates a flight of an ultra-light vehicle without approval from the Minister of Land, Infrastructure and Transport, in violation of Article 127 (3); |
| 10. | A person who operates a flight outside of the boundaries approved by the Minister of Land, Infrastructure and Transport, in violation of Article 129 (5). |
| (4) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Aug. 27, 2019; Jun. 9, 2020> |
| 1. | A person who fails to file a report under Article 33 or files a false report; |
| 2. | A person who fails to report an aviation accident, serious incident, or incident subject to mandatory reporting or files a false report thereon, in violation of Article 59 (1) (including cases where it is applied mutatis mutandis in Article 106); |
| 3. | A light sport aircraft owner, etc. who fail to attach the light sport aircraft registration mark, in violation of Article 17 (1) which is applied mutatis mutandis in Article 121 (1); |
| 4. | An ultra-light vehicle owner, etc. who fail to attach the report number on the relevant ultra-light vehicle or attach the false report number thereon, in violation of Article 122 (5); |
| 5. | A person who operates the flight using an ultra-light vehicle without installing or carrying equipment prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in violation of Article 128. |
| (5) | Any of the following persons shall be subject to an administrative fine not exceeding 500,000 won: |
| 1. | A light sport aircraft pilot or the light sport aircraft owner, etc. who fail to report a light sport aircraft accident or files a false report thereon, in violation of Article 120 (2); |
| 2. | A light sport aircraft owner, etc. who fail to apply for registration of modification or de-registration of light sport aircraft, in violation of Article 13 or 15 which is applied mutatis mutandis in Article 121 (1). |
| (6) | Any of the following persons shall be subject to an administrative fine not exceeding 300,000 won: <Amended on Jun. 9, 2020> |
| 1. | An ultra-light vehicle owner, etc. who fail to file a report on cancellation of the ultra-light vehicle, in violation of Article 123 (4); |
| 2. | An ultra-light vehicle pilot or the ultra-light vehicle owner, etc. who fail to report an ultra-light vehicle accident or files a false report thereon, in violation of Article 129 (3). |
| Article 167 (Procedures for Imposing and Collecting Administrative Fines) |
The Minister of Land, Infrastructure and Transport shall impose and collect administrative fines under Article 166, as prescribed by Presidential Decree.
ADDENDA <Act No. 14116, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That Articles 56 (1) 2 and (2), 91 (1) 17 (only applicable to the part concerning Article 56 (1) 2) and 18, 166 (1) 1 (only applicable to the part concerning Article 56 (1) 2) and 2 shall enter into force three years after the date of their promulgation. Article 2 (Repeal of Other Statutes)
Article 3 (Applicability to Imposition of Penalty Surcharges)
The imposition of a penalty surcharge referred to in Article 29 shall begin to apply from the first cases where the reason that may suspend the effect of certification or approval arises after the Aviation Act partly amended by Act No. 13381 enters into force. Article 4 (Applicability to Duty to Report Failures, Defects or Malfunctions of Aircraft)
The duty to report under Article 33 shall begin to apply from a failure, defect, or malfunction that occurs after the Aviation Act partly amended by Act No. 12706 enters into force. Article 5 (Applicability to Notification That Ultra-Light Vehicle Owner Must Report Cancellation of Report Number on Ultra-Light Vehicle)
Notification that an ultra-light vehicle owner, etc. must report the cancellation of the report number on the ultra-light vehicle under Article 123 (3) and the cancellation of the report number ex officio by the Minister of Land, Infrastructure and Transport under Article 123 (4) shall begin to apply from the first ultra-light vehicle owner, etc., who fail to report the cancellation of the report number on the ultra-light vehicle by the deadline for reporting as at the time the Aviation Act partly amended by Act No. 12256 enters into force. Article 6 (General Transitional Measures concerning Dispositions under the Previous Aviation Act) Any act performed by an administrative agency or any act performed to an administrative agency pursuant to the previous Aviation Act as at the time this Act enters into force shall be deemed any act performed by an administrative agency or any act performed to an administrative agency under this Act where this Act contains the provisions corresponding thereto. Article 7 (Transitional Measures concerning Master Plan for Aviation Safety Policies)
A master plan for aviation safety policies referred to in Article 6 shall be established within one year after this Act enters into force. Article 8 (Transitional Measures concerning Registration of Aircraft)
| (1) | Aircraft and light sport aircraft registered pursuant to Article 3 (including cases where it is applied mutatis mutandis in Article 24 (9)) of the previous Aviation Act as at the time this Act enters into force shall be deemed registered pursuant to Article 7 (including cases where it is applied mutatis mutandis in Article 121 (1)). |
| (2) | Ultra-light vehicles reported pursuant to Article 23 (1) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have reported pursuant to Article 122 (1). |
Article 9 (Transitional Measures concerning Attachment of Registration Mark on Aircraft)
A registration mark attached on an aircraft or light sport aircraft pursuant to Article 14 (including cases where it is applied mutatis mutandis in Article 24 (9)) of the previous Aviation Act as at the time this Act enters into force shall be deemed a registration mark attached on an aircraft or light sport aircraft pursuant to Article 17 (including cases where it is applied mutatis mutandis in Article 121 (1)). Article 10 (Transitional Measures concerning Technical Standards for Aircraft)
Technical standards for aircraft publicly notified pursuant to Article 17 (2) of the previous Aviation Act as at the time this Act enters into force shall be deemed technical standards for aircraft publicly notified pursuant to Article 19. Article 11 (Transitional Measures concerning Type Certification)
| (1) | Type certification issued pursuant to Article 17 (1) of the previous Aviation Act, supplemental type certification issued pursuant to Article 17 (4) of the previous Aviation Act, approval of type certification issued pursuant to Article 17-2 (1) of the previous Aviation Act, approval of supplemental type certification issued pursuant to Article 17-2 (4) of the previous Aviation Act, airworthiness certificate issued pursuant to Article 15 of the previous Aviation Act, export certificate of airworthiness issued pursuant to Article 15-2 of the previous Aviation Act, certification of compliance with noise standards issued pursuant to Article 16 of the previous Aviation Act, and parts manufacturer issued pursuant to Article 20-2 of the previous Aviation Act, which remain valid as at the time this Act enters into force, shall be deemed certification or approval issued pursuant to Articles 20, 21, 23 through 25 and 28. |
| (2) | An aircraft that has obtained airworthiness certificate pursuant to the former provisions as at the time the Aviation Act partly amended by Act No. 11244 enters into force shall be deemed to have obtained standard airworthiness certificate referred to in Article 23 (3) 1. |
| (3) | An aircraft permitted to conduct a test flight, etc., pursuant to the former provisions as at the time the Aviation Act partly amended by Act No. 11244 enters into force shall be deemed to have obtained special airworthiness certificate referred to in Article 23 (3) 2. |
Article 12 (Transitional Measures concerning Production Certification)
A person who has obtained or is deemed to have obtained production certification (including a person who is deemed to have obtained production certification pursuant to Article 2 of Addenda of the Aviation Act amended by Act No. 7024) pursuant to Article 17-3 (1) and (2) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have obtained production certification pursuant to Article 22. Article 13 (Transitional Measures concerning Type Approval of Articles with Technical Standard Order Design Approval)
| (1) | A person who has obtained type approval of articles with technical standard order design approval pursuant to Article 20 of the previous Aviation Act as at the time this Act enters into force shall be deemed to have obtained type approval of articles with technical standard order design approval pursuant to Article 27. |
| (2) | Articles with technical standard order design approval that have obtained preliminary certification pursuant to the former provisions as at the time the Aviation Act partly amended by Act No. 7024 enters into force shall be deemed to have obtained type approval of articles with technical standard order design approval pursuant to Article 27. |
| (3) | Articles with technical standard order design approval installed on aircraft, etc. that have obtained type certification or approval of type certification pursuant to the former provisions as at the time the Aviation Act amended by Act No. 7024 enters into force shall be deemed to have obtained type approval of articles with technical standard order design approval pursuant to Article 27. |
Article 14 (Transitional Measures concerning Approval of Repair and Modification)
A person who has obtained approval of repair or modification (including a person who is deemed to have obtained approval of repair or modification pursuant to Article 3 of Addenda of the Aviation Act amended by Act No. 7024) pursuant to Article 19 of the previous Aviation Act as at the time this Act enters into force shall be deemed to have obtained approval of repair or modification pursuant to Article 30. Article 15 (Transitional Measures concerning Confirmation on Maintenance of Aircraft)
Maintenance, etc. of aircraft, etc., components or parts confirmed pursuant to Article 22 of the previous Aviation Act shall be deemed to have obtained confirmation on airworthiness pursuant to Article 32 (1). Article 16 (Transitional Measures concerning Certification of Qualification of Aviation Personnel)
| (1) | Certification of qualification of aviation personnel obtained pursuant to Article 25 (1) of the previous Aviation Act and limitations of certification of qualification placed pursuant to Article 28 (1) of the aforesaid Act as at the time this Act enters into force shall be deemed certification of qualification of aviation personnel obtained pursuant to Article 34 (1) and limitations of certification of qualification placed pursuant to Article 37 (1). |
| (2) | A person who has obtained certification of qualification of a commercial pilot pursuant to the former provisions as at the time the Aviation Act amended by Act No. 5794 enters into force may be engaged in duties under subparagraph 4 of the column of the scope of services of commercial pilots provided for in attached Table. |
| (3) | A person who has obtained certification of qualification of aircraft maintenance technician pursuant to the former provisions as at the time the Aviation Act amended by Act No. 9780 enters into force shall be deemed to have obtained certification of qualification of aircraft maintenance technician pursuant to subparagraph 8 of Article 35. |
| (4) | Certification of qualification of a light sport aircraft pilot which a person has obtained pursuant to Article 25 (1) of the previous Aviation Act and limitations of certification of qualification imposed on a person pursuant to Article 28 (1) of the aforesaid Act as at the time this Act enters into force shall be deemed certification of qualification of a light sport aircraft pilot which a person has obtained pursuant to Article 109 (1) and limitations of certification of qualification imposed on a person pursuant to Article 111 (1). |
| (5) | A person who has obtained certification of qualification concerning the flight of a light sport aircraft pursuant to Article 23 (3) of the previous Aviation Act as at the time the Aviation Act partly amended by Act No. 9780 enters into force shall be deemed to have obtained certification of qualification of a light sport aircraft pilot under Article 109 (1). |
| (6) | Certification of an ultra-light vehicle pilot which a person has obtained pursuant to Article 23 (3) of the previous Aviation Act as at the time this Act enters into force shall be deemed certification of an ultra-light vehicle pilot which he or she has obtained pursuant to Article 125 (1). |
Article 17 (Transitional Measures concerning Aviation Medical Certification)
| (1) | Aviation medical certification which a person has obtained pursuant to Article 31 of the previous Aviation Act as at the time this Act enters into force shall be deemed aviation medical certification which he or she has obtained pursuant to Articles 40 and 113 (1). |
| (2) | Certification of proficiency in aviation English which a person has obtained pursuant to Article 34-2 of the previous Aviation Act as at the time this Act enters into force shall be deemed certification of proficiency in aviation English which he or she has obtained pursuant to Articles 45. |
Article 18 (Transitional Measures concerning Instrument Flight Certification and Flight Instructor Certification)
| (1) | Instrument flight certification which a person has obtained pursuant to Article 34 (1) of the previous Aviation Act as at the time this Act enters into force shall be deemed instrument flight certification which he or she has obtained pursuant to Article 44 (1). |
| (2) | Flight instructor certification which a person has obtained pursuant to Article 34 (2) of the previous Aviation Act as at the time this Act enters into force shall be deemed aircraft flight instructor certification which he or she has obtained pursuant to Article 44 (2) or light sport aircraft flight instructor certification which he or she has obtained pursuant to Article 115 (1). |
| (3) | Certification of qualification of a rotorcraft pilot for air transport which a person has obtained pursuant to the former provisions as at the time the Aviation Act amended by Act No. 7024 enters into force shall be deemed instrument flight certification which he or she has obtained pursuant to Article 44 (1). |
| (4) | A person registered as an ultra-light vehicle flight instructor with the Korea Transportation Safety Authority as at the time the Aviation Act partly amended by Act No.9780 enters into force shall be deemed to have obtained light sport aircraft flight instructor certification under Article 115 (1). |
Article 19 (Transitional Measures concerning Permission for Flight Practice)
Permission for flight practice which a person has obtained pursuant to Article 35 (2) of the previous Aviation Act as at the time this Act enters into force shall be deemed permission for aircraft flight practice which he or she has obtained pursuant to Article 46 (2) or permission for light sport aircraft flight practice which he or she has obtained pursuant to Article 116 (4). Article 20 (Transitional Measures concerning Air Traffic Control Practice)
A person who undergoes air traffic control practice under the supervision of a person who has obtained certification of qualification of air traffic controller under subparagraph 7 of Article 35 at a facility where he or she may undergo air traffic control practice as at the time this Act enters into force shall be deemed to have obtained permission under Article 47 (1). Article 21 (Transitional Measures concerning Approved Training Organization)
An Approved Training Organization (ATO) designated (including an Approved Training Organization (ATO) deemed designated pursuant to Article 5 of Addenda of the Aviation Act amended by Act No. 7024) pursuant to Article 29-3 of the previous Aviation Act as at the time this Act enters into force shall be deemed designated as an Approved Training Organization (ATO) pursuant to Article 48. Article 22 (Transitional Measures concerning Aviation Medical Examiners)
A person who has been designated as an aviation medical examiner (including a person deemed designated as an aviation medical examiner pursuant to Article 5 of Addenda of the Aviation Act partly amended by Act No. 7691) pursuant to Article 31-2 of the previous Aviation Act as at the time this Act enters into force shall be deemed designated as an aviation medical examiner pursuant to Article 49. Article 23 (Transitional Measures concerning Aviation Safety Program and Aviation Safety Management System)
| (1) | An aviation safety program publicly notified by the Minister of Land, Infrastructure and Transport pursuant to Article 49 (1) of the previous Aviation Act as at the time this Act enters into force shall be deemed publicly notified by the Minister pursuant to Article 58 (1). |
| (2) | An aviation safety management system approved by the Minister of Land, Infrastructure and Transport pursuant to Article 49 (2) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have been publicly notified by the Minister pursuant to Article 58 (2). |
Article 24 (Transitional Measures concerning Building and Operating Aviation Safety Management System)
A person who should build and operate an aviation safety management system pursuant to Article 58 (2) 1, 3 and 4 (only applicable to an aircraft use business entity) shall build an aviation safety management system and obtain approval from the Minister of Land, Infrastructure and Transport within two years after this Act enters into force. Article 25 (Transitional Measures concerning Competence for Aircraft Operation of Pilot in Command)
| (1) | The pilot in command and other pilots of an aircraft who have obtained certification of qualification pursuant to Article 51 (1) of the previous Aviation Act, and pilots deemed to have obtained certification of qualification pursuant to Article 51 (5) of the aforesaid Act as at the time this Act enters into force shall be deemed to have obtained certification of qualification pursuant to Article 63 (1) and (5). |
| (2) | A person who is working as a pilot of an aircraft used for air transport services as at the time the Aviation Act amended by Act No. 6513 enters into force shall be deemed to have obtained certification of qualification pursuant to Article 63 (1). |
Article 26 (Transitional Measures concerning Aircraft Takeoff and Landing Field)
Permission which a person has obtained pursuant to Article 53 (1) 1 of the previous Aviation Act as at the time this Act enters into force shall be deemed permission which he or she has obtained pursuant to the proviso of Article 66 (1) 1. Article 27 (Transitional Measures concerning Prohibited Acts during Flight of Aircraft)
Permission which a person has obtained pursuant to the proviso of Article 55 of the previous Aviation Act as at the time this Act enters into force shall be deemed permission which he or she has obtained pursuant to the proviso of Article 68. Article 28 (Transitional Measures concerning Aircraft for Emergency Duties)
An aircraft for emergency duties designated pursuant to Article 56 of the previous Aviation Act as at the time this Act enters into force shall be deemed an aircraft for emergency duties designated pursuant to Article 69. Article 29 (Transitional Measures concerning Transportation of Dangerous Goods)
| (1) | Permission which a person has obtained pursuant to Article 59 (1) of the previous Aviation Act as at the time this Act enters into force shall be deemed permission which he or she has obtained pursuant to Article 70 (1). |
| (2) | Procedures and methods for handling dangerous goods publicly notified pursuant to Article 59 (2) of the previous Aviation Act as at the time this Act enters into force shall be deemed procedures and methods for handling dangerous goods publicly notified pursuant to Article 70 (3). |
Article 30 (Transitional Measures concerning Inspection of Packaging and Containers of Dangerous Goods)
| (1) | Packaging and containers inspected pursuant to Article 60 of the previous Aviation Act as at the time this Act enters into force shall be deemed inspected pursuant to Article 71. |
| (2) | A packaging and container inspection agency designated pursuant to Article 60 (3) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have designated pursuant to Article 71 (3). |
Article 31 (Transitional Measures concerning Training Center Specializing in Handling Dangerous Goods)
A training center specializing in handling dangerous goods designated pursuant to Article 61 (3) of the previous Aviation Act as at the time this Act enters into force shall be deemed a training center specializing in handling dangerous goods designated pursuant to Article 72 (3). Article 32 (Transitional Measures concerning Approval of Extended Operations of Flight Time between Diversion Airports)
Article 33 (Transitional Measures concerning Approval of Operation of Aircraft in Reduced Vertical Separation Minima Airspace)
Aircraft approved pursuant to Article 69-3 of the previous Aviation Act as at the time this Act enters into force shall be deemed to have approved pursuant to Article 75. Article 34 (Transitional Measures concerning Flight Technology Standards)
Flight technology standards publicly notified pursuant to Article 74-2 of the previous Aviation Act as at the time this Act enters into force shall be deemed flight technology standards publicly notified pursuant to Article 77 (1). Article 35 (Transitional Measures concerning Airspace and Flight Restrictions)
| (1) | Airspace designated and publicly announced pursuant to Article 38 (2) and (3) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have designated and publicly announced pursuant to Article 78 (1) and (2). |
| (2) | Methods and procedures for conducting flights publicly announced by the Minister of Land, Infrastructure and Transport pursuant to Article 38-2 of the previous Aviation Act as at the time this Act enters into force shall be deemed to have publicly announced by him or her pursuant to Article 79. |
| (3) | Permission which a person has obtained pursuant to the proviso of Article 38-2 (2) of the previous Aviation Act as at the time this Act enters into force shall be deemed permission which he or she has obtained pursuant to the proviso of Article 79 (2). |
Article 36 (Transitional Measures concerning Establishment of Airspace Committee)
The Airspace Committee established pursuant to Article 38-3 of the previous Aviation Act as at the time this Act enters into force shall be deemed to have established pursuant to Article 80. Article 37 (Transitional Measures concerning Air Traffic Services Certification)
A person other than the Minister of Land, Infrastructure and Transport who provides air traffic services as at the time this Act enters into force shall obtain air traffic services certification within two years after this Act enters into force pursuant to Article 85 (1). Article 38 (Transitional Measures concerning air operator Certificate)
| (1) | Operating certification and criteria for operation under Article 115-2 (1) and (2) (including cases where it is applied mutatis mutandis in Article 134 (3)) of the previous Aviation Act as at the time this Act enters into force shall be deemed the air operator certificate (AOC) and criteria for operation under Article 90 (1) and (2) (including cases where it is applied mutatis mutandis in Article 96 (1)). |
| (2) | Operating certification which a scheduled air operator or non-scheduled air operator has obtained pursuant to the former provisions as at the time the previous Aviation Act partly amended by Act No. 9780 enters into force shall be deemed the air operator certificate (AOC) which he or she has obtained pursuant to Article 90 (1). |
Article 39 (Transitional Measures concerning Regulations for Aircraft Operation and Regulations for Aircraft Maintenance)
Regulations for aircraft operation and regulations for aircraft maintenance reported to or authorized by the Minister of Land, Infrastructure and Transport pursuant to Article 116 (1) (including cases where it is applied mutatis mutandis in Articles 132 (3) and 134 (3)) of the previous Aviation Act as at the time this Act enters into force shall be deemed regulations for aircraft operation and regulations for aircraft maintenance reported to or authorized by the Minister pursuant to Article 93 (including cases where it is applied mutatis mutandis in Article 96 (2)). Article 40 (Transitional Measures concerning Certification of Approved Maintenance Organization)
A person who has obtained certification of Approved Maintenance Organization (AMO) (including a person deemed to have obtained certification of Approved Maintenance Organization (AMO) pursuant to Article 6 (2) of Addenda of the Aviation Act amended by Act No. 7024) pursuant to Article 138 (1) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have obtained certification of Approved Maintenance Organization (AMO) pursuant to Article 97 (1). Article 41 (Transitional Measures concerning Flight Permission Required by Foreign Aircraft)
A person who has obtained flight permission pursuant to Article 144 (1) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have obtained flight permission pursuant to Article 100 (1). Article 42 (Transitional Measures concerning Use of Foreign Aircraft in Republic of Korea)
An aircraft permitted pursuant to the proviso of Article 145 of the previous Aviation Act as at the time this Act enters into force shall be deemed to have permitted pursuant to the proviso of Article 101. Article 43 (Transitional Measures concerning Approval of Air Operator Certificate for Foreigners Providing Internal Air Transport Services)
A person who has obtained permission pursuant to Article 147 (1) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have obtained approval of air operator certificate (AOC) pursuant to Article 103 (1). Article 44 (Transitional Measures concerning Inspection of Flight Safety with Regard to Revenue-Earning Transport by Foreign Aircraft)
A person who has obtained permission pursuant to Article 148 (1) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have undergone inspection of flight safety pursuant to Article 107. Article 45 (Transitional Measures concerning Safety Certification of Light Sport Aircraft)
Light sport aircraft that has obtained safety certification pursuant to Article 24 (2) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have obtained safety certification pursuant to Article 108 (1). Article 46 (Transitional Measures concerning Confirmation of Maintenance of Light Sport Aircraft)
A light sport aircraft owner who has obtained confirmation of the maintenance of the light sport aircraft, components or parts pursuant to Article 24 (4) of the previous Aviation Act as at the time this Act enters into force, or a person who intends to operate the flight using light sport aircraft (including a person deemed to have obtained confirmation of the maintenance thereof pursuant to Article 10 of Addenda of the Aviation Act partly amended by Act No. 12256) shall be deemed to have obtained confirmation of the maintenance thereof pursuant to Article 108 (4). Article 47 (Transitional Measures concerning Education of Persons Who Have Obtained Light Sport Aircraft Flight Instructor Certification)
A person who has obtained light sport aircraft flight instructor certification pursuant to Article 34 that is applied mutatis mutandis in Article 24 (9) of the previous Aviation Act as at the time this Act enters into force shall receive training within one year after this Act enters into force pursuant to Article 115 (2). Article 48 (Transitional Measures concerning Light Sport Aircraft Takeoff and Landing Field, and Approval of Flight of Ultra-Light Vehicle)
| (1) | Permission which a person has obtained pursuant to the proviso of Article 53 (2) of the previous Aviation Act as at the time this Act enters into force shall be deemed permission which he or she has obtained pursuant to the proviso of Article 118 (1). |
| (2) | Approval of flight of an ultra-light vehicle which a person has obtained pursuant to Article 23 (2) of the previous Aviation Act as at the time this Act enters into force shall be deemed approval of flight of an ultra-light vehicle which he or she has obtained pursuant to Article 127 (2). |
Article 49 (Transitional Measures concerning Safety Certification of Ultra-Light Vehicle)
An ultra-light vehicle that has obtained safety certification pursuant to Article 23 (4) of the previous Aviation Act as at the time this Act enters into force shall be deemed to have obtained safety certification pursuant to Article 124. Article 50 (Transitional Measures concerning Designation of Training Center Specializing in Ultra-Light Vehicles)
A training center specializing in ultra-light vehicles designated pursuant to Article 23 (6) of the previous Aviation Act as at the time this Act enters into force shall be deemed a training center specializing in ultra-light vehicles designated pursuant to Article 126 (1). Article 51 (Transitional Measures concerning Ultra-Light Vehicle Flight Restricted Airspace)
Ultra-light vehicle flight restricted airspace publicly notified by the Minister of Land, Infrastructure and Transport pursuant to Article 23 (2) of the previous Aviation Act as at the time this Act enters into force shall be deemed ultra-light vehicle flight restricted airspace publicly notified pursuant to Article 127 (1). Article 52 (Transitional Measures concerning Administrative Dispositions and Penalty Surcharges)
The previous Aviation Act shall apply to administrative dispositions and penalty surcharges imposed on offenses committed before this Act enters into force. Article 53 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The previous Aviation Act shall apply to penalty provisions and administrative fines imposed on acts performed before this Act enters into force. Article 54 Omitted.
Article 55 (Relationship to Other Statutes or Regulations)
Where the previous Aviation Act or the provision thereof is cited by other statutes or regulations as at the time this Act enters into force, in which case this Act contains any provision corresponding thereto, this Act or the relevant provision of this Act shall be deemed to have cited in lieu of the previous Aviation Act or the provision thereof.
ADDENDA <Act No. 14551, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on March 30, 2017: Provided, That the amended provisions of Articles 71 (5) 2 and 3, 135 (8), subparagraph 2 of Article 137, Articles 148, 149 (1), 150 and 151 shall enter into force six months after the date of their promulgation. Article 2 (Applicability to Revocation of Designation of Packaging and Container Inspection Agency)
The amended provision of Article 71 (5) 2 shall begin to apply from the first inspection of packaging and containers of dangerous goods conducted by a packaging and container inspection agency after the aforesaid amended provision enters into force.
ADDENDUM <Act No. 14872, Aug. 9, 2017>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 14939, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2018.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14955, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Flight Instructor Certification)
| (1) | Any person who qualifies as an airplane transport pilot or commercial pilot subject to limitation on the category and class of aircraft under Article 37 at the time this Act enters into force and obtained the flight instructor certification under previous provisions of Article 44 shall be deemed to have obtained the flight instructor certification for each category and each class of the relevant aircraft under the amended provisions of Article 44 (2). |
| (2) | Any person who received the flight instructor certification under previous provisions of Article 44 before this Act enters into force shall have the flight instructor certification renewed within one year after this Act enters into force. |
Article 3 (Transitional Measures concerning Designation of Approved Training Organizations)
| (1) | Approved Training Organizations designated by the Minister of Land, Infrastructure and Transport under previous provisions before this Act enters into force shall be deemed to have been designated as Approved Training Organizations under this Act: Provided, That such Approved Training Organizations shall receive the guidelines for the operation of training programs under Article 48 (3) within six months after this Act enters into force. |
| (2) | If any person trains aviation personnel referred to in subparagraphs 1 through 4 of Article 35 without being designated as an Approved Training Organization at the time this Act enters into force shall be equipped with a system that meets the standards under this Act and shall obtain designation as an Approved Training Organization within one year after this Act enters into force. |
ADDENDA <Act No. 15326, Dec. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 16566, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Limitation on Certification of Qualification of Aircraft Maintenance Technician)
| (1) | Aircraft maintenance technicians subject to limitation on airplanes among aircraft maintenance technicians subject to limitation on the categories of aircraft pursuant to the previous Article 37 (1) 2 as at the time this Act enters into force shall be deemed subject to limitation on the categories of light sport aircraft with regard to airplanes and powered parachutes pursuant to the amended provisions of Article 37 (1) 2. |
| (2) | Aircraft maintenance technicians subject to limitation on helicopters among aircraft maintenance technicians subject to limitation on the categories of aircraft pursuant to the previous Article 37 (1) 2 as at the time this Act enters into force shall be deemed subject to limitation on the categories of light sport aircraft with regard to helicopters and gyroplanes pursuant to the amended provisions of Article 37 (1) 2. |
ADDENDA <Act No. 16643, Nov. 26, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 133-2, 135 (5) 12, and 166 (1) 15 shall enter into force three years after the date of its promulgation. Article 2 (Special Cases concerning Pilot Project)
The Minister of Land, Infrastructure and Transport may implement pilot projects to facilitate a system for public disclosure of safety investment before the amended provisions of Article 133-2 enter into force.
ADDENDUM <Act No. 17453, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 17463, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 7 and 135 shall enter into force six months after the date of its promulgation, and the amended provisions of Article 135 (5) 14 of the Aviation Safety Act (Act No. 16643) shall enter into force on November 27, 2022. Article 2 (Applicability to Aircraft Registration)
The amended provisions of Article 7 shall begin to apply where a domestic air operator or international air operator who obtains an air operator certificate (AOC) files an application for registration of aircraft on or after the date this Act enters into force. Article 3 (Applicability to Reporting on Modification of Regulations for Aircraft Operation by Air Operators)
The amended provisions of Articles 93 (5) and (6), 122 (2) and (3), and 123 (2), (3), and (5) shall begin to apply to reports, reports on modification, or reports of cancellation filed on or after the date this Act enters into force.
ADDENDUM <Act No. 17613, Dec. 8, 2020>
This Act shall enter into force six months after the date of its promulgation.