Law Viewer

Back Home

ENFORCEMENT DECREE OF THE AVIATION SAFETY ACT

Presidential Decree No. 27971, Mar. 29, 2017

Amended by Presidential Decree No. 28077, May 29, 2017

Presidential Decree No. 28193, Jul. 17, 2017

Presidential Decree No. 28419, Nov. 7, 2017

Presidential Decree No. 28830, Apr. 24, 2018

Presidential Decree No. 28986, jun. 19, 2018

Presidential Decree No. 29489, Jan. 15, 2019

Presidential Decree No. 29518, Feb. 8, 2019

Presidential Decree No. 30062, Aug. 27, 2019

Presidential Decree No. 30106, Oct. 8, 2019

Presidential Decree No. 30489, Feb. 25, 2020

Presidential Decree No. 30715, May 26, 2020

Presidential Decree No. 31012, Sep. 10, 2020

Presidential Decree No. 31141, Nov. 3, 2020

Presidential Decree No. 31211, Dec. 1, 2020

Presidential Decree No. 31243, Dec. 8, 2020

Presidential Decree No. 31259, Dec. 10, 2020

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Aviation Safety Act and those necessary for the enforcement thereof.
 Article 2 (Scope of Aircraft)
“Apparatuses prescribed by Presidential Decree” in subparagraph 1 of Article 2 of the Aviation Safety Act (hereinafter referred to as the "Act") means any of the following:
1. An apparatus which exceeds the standards determined by Ordinance of the Ministry of Land, Infrastructure and Transport, in terms of maximum take-off weight, number of seats, speed, empty weight or other factors;
2. A spacecraft flying in and out of the atmosphere.
 Article 3 (Scope of Public Institutions Related to Aircraft Including State Agency)
“Public institution ... prescribed by Presidential Decree” in subparagraph 4 of Article 2 of the Act means the Korea National Park Service under the Korea National Park Service Act. <Amended on May 29, 2017; Jan. 15, 2019>
 Article 4 (Scope of Aircraft Not Requiring Registration)
“Aircraft prescribed by Presidential Decree” in the proviso of Article 7 of the Act means any of the following:
1. An aircraft used for military, customs, or police purposes:
2. An aircraft introduced for the purpose of lease to a foreign country and which is to acquire foreign nationality;
3. A domestically-manufactured aircraft whose owner other than the manufacturer has yet to be determined;
4. If an aircraft registered in a foreign country is chartered and operated under Article 5 of the Act, such aircraft.
 Article 5 (Amounts of Penalty Surcharges for Types of Violation against Aircraft Manufacturers)
The amounts of penalty surcharges to be imposed under Article 29 (1) of the Act, which vary depending on the types and severity of violations, shall be prescribed in attached Table 1.
 Article 6 (Imposition and Payment of Penalty Surcharges)
(1) When imposing a penalty surcharge under Article 29 (1) of the Act, the Minister of Land, Infrastructure and Transport shall issue a written notification specifying the type of violation and the amount of the relevant penalty surcharge.
(2) Any person notified under paragraph (1) shall pay the penalty surcharge to a receiving agency determined by the Minister of Land, Infrastructure and Transport within 20 days from the date of receipt of such notification: Provided, That where such payment cannot be made within the period due to an act of God or any other unavoidable cause, the payment shall be made within seven days from the date such cause ceases to exist.
(3) Where the amount of a penalty surcharge to be paid by a person subject to the imposition of such penalty surcharge under Article 29 (1) of the Act is not less than 500 million won or exceeds the amount calculated by multiplying the previous year's sales by 20/100 and such person is deemed unable to pay the full amount of the penalty surcharge in a lump sum for any of the following reasons, the Minister of Land, Infrastructure and Transport may postpone the payment deadline or allow him or her to pay it in installments: <Newly Inserted on Nov. 3, 2020>
1. Where the person suffers from a substantial property loss due to a disaster, calamity, etc.;
2. Where the business of the person is in a serious crisis due to the worsening of business conditions;
3. Where the person is deemed unable to pay the penalty surcharge in a lump sum for any other reason equivalent to that stipulated in subparagraph 1 or 2.
(4) A person who intends to apply for postponing the deadline for paying penalty surcharges or paying them in installments pursuant to paragraph (3) shall apply therefor to the Minister of Land, Infrastructure and Transport no later than 10 days before the payment deadline, along with documents evidencing reasons for such postponement or installment payment. <Newly Inserted on Nov. 3, 2020>
(5) The postponement of the payment deadline under paragraph (3) shall be granted within one year from the day following the deadline, and the interval between each payment in cases of installment payment shall not exceed four months while the number of installments shall not exceed three times. <Newly Inserted on Nov. 3, 2020>
(6) The Minister of Land, Infrastructure and Transport may revoke the determination to postpone the payment deadline or to allow installment payment and may collect penalty surcharges in a lump sum, in any of the following cases: <Newly Inserted on Nov. 3, 2020>
1. Where a person fails to pay a penalty surcharge determined to be paid in installments by the deadline for payment;
2. Where it is deemed impossible to collect the full amount or remainder of a penalty surcharge, due to compulsory execution, commencement of an auction, declaration of bankruptcy, dissolution of a corporation, or disposition on delinquent national or local taxes;
3. Where a person liable to pay a penalty surcharge is deemed able to pay it in a lump sum because any reason provided in the subparagraphs of paragraph (3) ceases to exist.
(7) An agency which has received the penalty surcharge under paragraph (2) shall issue a written receipt to the payer. <Amended on Nov. 3, 2020>
(8) Upon receipt of the penalty surcharge under paragraph (2), the receiving agency shall notify the Minister of Land, Infrastructure and Transport of such fact without delay. <Amended on Nov. 3, 2020>
 Article 7 (Demand for Payment of Penalty Surcharges and Collection Thereof)
(1) Where a person notified of the payment of a penalty surcharge under Article 6 (1) fails to make payment by the deadline, the Minister of Land, Infrastructure and Transport shall issue a reminder within seven days after the deadline. In such cases, the deadline for payment shall not exceed 10 days, counting from the issuance of such reminder.
(2) Where the person who has received a reminder under paragraph (1) still fails to make the payment by the deadline, the Minister of Land, Infrastructure and Transport may order a public official under his or her command to initiate coercive collection in the same manner as delinquent national taxes are collected.
 Article 8 (Person Required to Report Failure, Defect, or Malfunction of Aircraft)
“Owner, etc., prescribed by Presidential Decree, such as an air operator or aircraft use business entity” in Article 33 (2) of the Act means any of the following: <Amended on Aug. 27, 2019>
1. A domestic air operator referred to in subparagraph 10 of Article 2 of the Aviation Business Act;
2. An international air operator referred to in subparagraph 12 of Article 2 of the Aviation Business Act (hereinafter referred to as "international air operator");
3. A small-scale air operator referred to in subparagraph 14 of Article 2 of the Aviation Business Act;
4. An aircraft use business entity;
5. A person who owns or leases an airplane with maximum takeoff weight of more than 5,700 kilogram, thus being entitled to use such airplane;
6. A person who owns or leases a helicopter with maximum takeoff weight of more than 3,175 kilogram, thus being entitled to use such helicopter.
 Article 8-2 (Amounts of Penalty Surcharges for Types of Violation against Persons Designated as Approved Training Organization)
(1) The amounts of penalty surcharges that can be imposed under Article 48-3 (1) of the Act, which vary depending on the types and severity of violations, shall be specified in attached Table 1-2.
(2) Articles 6 and 7 shall apply mutatis mutandis to the imposition and payment of penalty surcharges and demand for payment thereof.
[This Article Newly Inserted on Apr. 24, 2018]
 Article 8-3 (Entrustment of Operation of System for Collection and Processing of Aviation Safety Data)
The Minister of Land, Infrastructure and Transport shall entrust the operation of an integrated system for collection and analysis of aviation safety data to the Korea Institute of Aviation Safety Technology under the Korea Institute of Aviation Safety Technology Act, pursuant to Article 61-2 (2) of the Act.
[This Article Newly Inserted on Feb. 25, 2020]
 Article 9 (Permission for Aircraft Takeoff or Landing at Places Other Than Designated Places)
(1) Special circumstances, such as emergency related to safety, provided in Article 66 (1) 1 of the Act means either of the following cases:
1. Where emergency landing for an aircraft is required due to instrument panel failure, fuel shortage, etc. during flight;
2. Where an aircraft needs to take off or land at a place other than an aerodrome, for purposes such as transportation of emergency patients, search and rescue teams, flight drill, fire extinguishment, surveillance for fire prevention, aerial shot, aerial application, supply of fuel, transportation of construction materials, and transportation of people by helicopter.
(2) Any person who falls under paragraph (1) 1 and intends to obtain permission for landing under Article 66 (1) 1 of the Act shall apply for such permission to the Minister of Land, Infrastructure and Transport via radio communications, etc. In such cases, the Minister of Land, Infrastructure and Transport shall grant permission except under special circumstances.
(3) Any person who falls under paragraph (1) 2 and intends to obtain permission for landing under Article 66 (1) 1 of the Act shall file an application determined by Ordinance of the Ministry of Land, Infrastructure and Transport with the Minister of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport shall review such application and grant permission for up to six months unless it is deemed not to pose any threat to safety.
 Article 10 (Organization of Airspace Committee)
(1) The Airspace Committee under Article 80 (1) of the Act (hereinafter referred to as the “Committee”) shall be comprised of up to 15 members, including one chairperson and one vice chairperson.
(2) The chairperson of the Committee shall be appointed by the Minister of Land, Infrastructure and Transport, from among members in general service of the Senior Executive Service in charge of aviation services at the Ministry of Land, Infrastructure and Transport; and the vice chairperson shall be appointed by the chairperson, from among the members referred to in paragraph (3) 1.
(3) The Committee shall consist of the following members:
1. One person each nominated by the head of the relevant agency, from among Grade III public officials or members in general service of the Senior Executive Service of the Ministry of Foreign Affairs, Ministry of National Defense, or Ministry of Trade, Industry and Energy (in the case of the Ministry of Foreign Affairs, referring to foreign service officials in the positions referred to in Article 3 (2) 2 and 3 of the Decree on the Appointment of Foreign Service Officials) or officers of corresponding ranks;
2. An officer appointed by the commander of the U.S. Forces Korea, whose rank corresponds to that of an officer under subparagraph 1, from among the officers in the U.S. forces stationed in the Republic of Korea under Article 4 of the Mutual Defense Treaty Between the Republic of Korea and the United States of America;
3. A person commissioned by the Minister of Land, Infrastructure and Transport, from among those with extensive knowledge of and experience in aviation.
(4) The term of office for the members under paragraph 3 (3) shall be two years.
 Article 11 (Functions of Committee)
The Committee shall deliberate on the following:
1. Matters regarding designation, adjustment, and management of controlled airspace, uncontrolled airspace, regulatory airspace, and warning airspace referred to in the subparagraphs of Article 78 (1) of the Act;
2. Matters regarding formulation and revision of procedures and regulations critical to aircraft flight and air traffic control;
3. Matters regarding creation, change and closure of airport facilities, air traffic control facilities and navigation aids that can have a significant impact on the structure and management of airspace;
4. Other matters regarding the measures that enable aircraft to safely and efficiently use airspace, airport facilities, air traffic control facilities, and navigation aids.
 Article 12 (Disqualification of, Challenge to, or Recusal of, Members)
(1) Where a member falls under any of the following, the member shall be disqualified upon deliberation and resolution by the Committee:
1. Where the member or his or her former or current spouse is a party to the agenda item at issue (including the executive officer if the party is a corporation or organization; the same shall apply to this subparagraph and subparagraph 2) or where the member shares certain rights and obligations with such party;
2. Where the member is or was a relative to the party to the agenda item at issue;
3. Where the member has provided a testimony, statement, advice, research, service or assessment in connection with the agenda item at issue;
4. Where the member or the corporation he or she belongs to is or was an agent of the party to the agenda item at issue.
(2) If the circumstances indicate that it would be impracticable to expect fair deliberations or resolutions of a member, the party may file a request for a challenge to Committee and the Committee shall put it for a vote to make a decision. In such cases, the member challenged shall not be allowed to vote.
(3) Where a member falls under the grounds for disqualification specified in paragraph (1), the member shall refrain from deliberations or resolutions on the agenda item at issue.
 Article 13 (Dismissal of Members)
Where a member falls under any of the following cases, the Minister of Land, Infrastructure and Transport may dismiss the member:
1. Where the member is no longer able to perform his or her duties due to mental or physical disability;
2. Where the member is found to have committed any wrongdoing in the course of performing his or her duties;
3. Where the person is deemed unfit as a member on the grounds of neglect of duty, detriment to reputation, or others;
4. Where the person does not refrain himself or herself, despite falling under any subparagraph of Article 12 (1);
5. Where the member states that he or she finds it difficult to perform his or her duties.
 Article 14 (Duties of Chairperson)
(1) The Chairperson shall represent the Committee and exercise overall control over its businesses.
(2) Where the Chairperson is unable to perform his or her duties due to any unavoidable cause, the Vice Chairperson shall act on his or her behalf, and where both the Chairperson and Vice Chairperson are unable to perform such duties, the member designated in advance by the Chairperson shall act on his or her behalf.
 Article 15 (Meetings)
(1) The Chairperson shall convene the meetings of the Committee and chair such meetings.
(2) A meeting so convened shall be held with presence of a majority of the Committee members and a resolution shall be adopted by a majority of the members present.
 Article 16 (Secretary)
(1) The Committee shall have one secretary to handle the affairs of the Committee.
(2) The secretary shall be appointed by the Minister of Land, Infrastructure and Transport, from among the public officials belonging to the Ministry of Land, Infrastructure and Transport.
 Article 17 (Operational Regulations)
Matters necessary for operating the Committee, other than those prescribed by this Decree, shall be determined by the Chairperson after resolution by the Committee.
 Article 18 (Matters regarding Cooperation for Air Traffic Safety)
(1) The Minister of Land, Infrastructure and Transport may request cooperation from the heads of military organs, administrative agencies which provide information on aviation weather or other agencies in order to ensure safety of air traffic under Article 81 (1) of the Act.
(2) Methods for requesting such cooperation and other details under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
 Article 19 (Amounts of Penalty Surcharges for Types of Violation against Persons Who Have Obtained Air Traffic Services Certification)
(1) The amounts of penalty surcharges to be imposed under Article 87 (1) of the Act, which vary depending on the types and severity of violations, shall be prescribed in attached Table 2.
(2) Articles 6 and 7 shall apply mutatis mutandis to imposing and paying penalty surcharges and demanding and collecting such surcharges.
 Article 20 (Details of Aircraft Search and Rescue Assistance Plan)
(1) A plan concerning assistance in search for and rescue of an aircraft under Article 88 of the Act shall include the following:
1. Matters regarding organization and operation of systems for assistance in search and rescue;
2. Roles of the Minister of National Defense, Minister of Land, Infrastructure and Transport, and Commander of US Armed Forces in Korea in jurisdiction airspace;
3. Other matters necessary for aircraft search or rescue of human lives.
(2) Details regarding the establishment and implementation of a plan for assistance in search for and rescue of an aircraft under paragraph (1) shall be determined by the Minister of Land, Infrastructure and Transport, upon consultation with the heads of related administrative agencies.
 Article 21 (Amounts of Penalty Surcharges for Types of Violation against Air Operators)
(1) The amounts of penalty surcharges to be imposed under Articles 92 (1) and 95 (4) of the Act, which vary depending on the types and severity of violations, shall be prescribed in attached Table 3.
(2) Articles 6 and 7 shall apply mutatis mutandis to the imposition and payment of penalty surcharges and the demand for and collection of such surcharges.
 Article 22 (Amounts of Penalty Surcharges for Types of Violation against Persons Who Have Obtained Certification of Approved Maintenance Organization)
(1) The amounts of penalty surcharges to be imposed under Article 99 (1) of the Act, which vary depending on the types and severity of violations, shall be prescribed in attached Table 4.
(2) Articles 6 and 7 shall apply mutatis mutandis to the imposition and payment of penalty surcharges, the demand for and collection of such surcharges.
 Article 23 (Permission for Takeoff or Landing of Light Sport Aircraft at Places Other Than Designated Places)
(1) Special circumstances, such as emergency related to safety, provided in the proviso of Article 118 (1) of the Act means any of the following cases: <Amended on Aug. 27, 2019>
1. Where emergency landing of light sport aircraft is required due to instrument panel failure, fuel shortage, etc. during flight;
2. Where an aerodrome or airfield is unavailable due to aircraft, etc. being operated;
3. Where an aerodrome or airfield does not exist within 30 kilometer radius from a place where a light sport aircraft intends to take off or land.
(2) Any person who falls under paragraph (1) 1 and intends to obtain permission for landing under the proviso of Article 118 (1) of the Act shall apply for permission for landing to the Minister of Land, Infrastructure and Transport via radio communications, etc. In such cases, the Minister of Land, Infrastructure and Transport shall grant permission unless there is a compelling reason not to do so.
(3) Any person who falls under paragraph (1) 2 or 3 and intends to obtain permission for takeoff or landing under the proviso of Article 118 (1) of the Act shall file an application for permission prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport with the Minister of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport shall review the details of such application and grant permission for a specified period of up to six months if it is deemed not to undermine safety.
 Article 24 (Scope of Ultra-Light Vehicle Not Requiring Reporting)
“Ultra-light vehicles prescribed by Presidential Decree” in the proviso of Article 122 (1) of the Act means any of the following, which refers to one not used for air charter service, sport and leisure aviation service, or ultra-light vehicle use business: <Amended on May 26, 2020; Dec. 10, 2020>
1. An aircraft which does not use power such as hang gliders and paragliders;
2. An air balloon (excluding those with people on board);
3. A captive unmanned aerial vehicle;
4. A parachute;
5. An unmanned powered aerial vehicle whose maximum take-off weight does not exceed 2 kilograms;
6. An unmanned aircraft whose maximum take-off weight excluding fuel weight does not exceed 12 kilograms and whose length does not exceed 7 meters;
7. An ultra-light vehicle produced by research institutes, etc. for purposes such as testing, survey, research, or development;
8. An ultra-light vehicle which was produced by manufacturers, etc. for sale but has not been sold and used for flight;
9. An ultra-light vehicle used for military purposes.
[Title Amended on Dec. 10, 2020]
 Article 25 (Scope of Exclusion from Approval of Flight of Ultra-Light Vehicle)
“Restricted scope prescribed by Presidential Decree, such as space neighboring aerodromes and airfields” in the proviso of Article 127 (2) means either of the following:
1. Space within three kilometers in radius from the center of an aerodrome (excluding one for military forces) and 500 feet in altitude (limited to where prior consultation has been made with an air traffic service provider at the aerodrome in question under Article 83 of the Act);
2. Space within a three kilometer radius from the center of an airfield and 500 feet in altitude (limited to where prior consultation has been made with a person who manages such airfield).
 Article 25-2 (Special Cases concerning Applicability to Unmanned Aerial Vehicles)
“Public institution ... prescribed by Presidential Decree” in Article 131-2 (2) of the Act means the following: <Amended on Sep. 10, 2020; Dec. 1, 2020; Dec. 8, 2020>
1. The Land and Geospatial Informatrix Corporation established under Article 12 of the Framework Act on National Spatial Data Infrastructure;
2. The Korea National Park Service established under the Korea National Park Service Act;
3. The Road Traffic Authority established under Article 120 of the Road Traffic Act;
4. The Korea Forest Welfare Promotion Institute established under Article 49 of the Forest Welfare Promotion Act;
5. The National Land Safety Management Agency established under the Act on the Korea Authority of Land and Infrastructure Safety;
6. The Korea Forestry Promotion Institute established under Article 29-2 of the Forestry and Mountain Villages Development Promotion Act;
7. The Korea Electrical Safety Corporation established under Article 74 of the Electric Utility Act;
8. The Korea Gas Corporation established under the Korea Gas Corporation Act;
9. The Korea Real Estate Board established under the Korea Real Estate Board Act;
10. The Korea Transportation Safety Authority established under the Korea Transportation Safety Authority Act;
11. The Korea Expressway Corporation established under the Korea Expressway Corporation Act;
12. The Korea Occupational Safety and Health Agency established under the Korea Occupational Safety and Health Agency Act;
13. The Korea Water Resources Corporation established under the Korea Water Resources Corporation Act;
14. The Korea Institute of Nuclear Safety established under the Korea Institute of Nuclear Safety Act;
15. The Korea Electric Power Corporation established under the Korea Electric Power Corporation Act and electric power generation subsidiaries invested and established by the Korea Electric Power Corporation;
16. The Korea Railroad Corporation established under the Korea Railroad Corporation Act;
17. The Korea National Railway established under the Korea National Railway Act;
18. The Korea Land and Housing Corporation established under the Korea Land and Housing Corporation Act;
19. The Korea Environment Corporation established under the Korea Environment Corporation Act;
20. The Korea Institute of Ocean Science and Technology established under the Korea Institute of Ocean Science and Technology Act;
21. The Port Authority established under the Port Authority Act;
22. The Korea Marine Environment Management Corporation established under Article 96 of the Marine Environment Management Act;
23. A public institution recognized and publicly notified by the Minister of Land, Infrastructure and Transport as necessary to urgently operate an unmanned aerial vehicle for public purposes, among public institutions prescribed in the Act on the Management of Public Institutions.
[This Article Newly Inserted on May 26, 2020]
 Article 26 (Delegation and Entrustment of Authority)
(1) The Minister of Land, Infrastructure and Transport may delegate the following authority to the director of a regional aviation office under Article 135 (1) of the Act: <Amended on Jun. 19, 2018; Aug. 27, 2019; Feb. 25, 2020; May 26, 2020; Dec. 10, 2020>
1. Standard certification of airworthiness under Article 23 (3) 1 of the Act: Provided, That this shall not apply to the following:
(a) The first standard certification of airworthiness for an aircraft which has obtained type certification under Article 20 (2) 1 of the Act;
(b) The first standard certification of airworthiness for an aircraft manufactured based on production certification under Article 22 of the Act;
2. Special certification of airworthiness under Article 23 (3) 2 of the Act for the following aircraft: Provided, That this shall not apply to the first special certification of airworthiness for an aircraft which has obtained restricted type certification under Article 20 (2) 2 of the Act:
(a) An aircraft on a test flight after maintenance, repair, or modification (hereinafter referred to as “maintenance, etc.”);
(b) An aircraft on a flight without any passenger or freight on board to a place for maintenance, etc.;
(c) An aircraft on a flight without any passenger or freight on board for import or export of aircraft;
(d) An aircraft used for search and rescue in response to a disaster or calamity;
(e) An aircraft used for wildfire suppression and prevention;
(f) An aircraft used for rescue and aid operations such as transportation of emergency patients;
(g) An aircraft used for agriculture or fishery business, such as seed sowing, pesticide spraying, or fish detection;
(h) An aircraft used for weather observation or meteorological control testing;
(i) A helicopter used for lifting and transporting construction materials, etc.;
(j) An aircraft used for observing and responding to marine pollution;
(k) An aircraft used for patrolling and observing forest, pipes, electric wires, etc.;
3. Inspection of the conditions and flight performance of an aircraft during the design and production process and after completion, and designation of the operating limitations under Article 23 (4) of the Act (limited to aircraft subject to standard certification of airworthiness or special certification of airworthiness over which authority has been delegated to the director of a regional aviation office under subparagraphs 1 and 2);
4. Extension of the period of validity of certification of airworthiness under the proviso of Article 23 (5) of the Act;
4-2. Issuance of a certificate of airworthiness under Article 23 (6) of the Act (limited to aircraft subject to standard certification of airworthiness or special certification of airworthiness over which authority has been deleted to the director of a regional aviation office under subparagraphs 1 and 2);
5. Orders to revoke certification of airworthiness or suspend the effect thereof under Article 23 (7) of the Act (limited to certification of airworthiness over which authority has been delegated to the director of a regional aviation office);
6. Occasional inspections of whether an aircraft maintains airworthiness under Article 23 (9) of the Act;
7. Approval of airworthiness of an aircraft, etc. (referring to the aircraft, its engine, and propeller; hereinafter the same shall apply), components, or parts, revocation of approval of airworthiness, orders to suspend its effect under Article 24 of the Act: Provided, That this shall not apply to the following approval of airworthiness, revocation thereof, and orders to suspend its effect:
(a) The first approval of airworthiness for an aircraft, etc. which have obtained type certification or restricted type certification under Article 20 of the Act;
(b) The first approval of airworthiness for an aircraft, etc. manufactured based on production certification under Article 22 of the Act;
(c) The first approval of airworthiness for articles with technical standard order design approval which have obtained type approval of articles with technical standard order design approval under Article 27 of the Act;
(d) The first approval of airworthiness for components or parts manufactured based on parts manufacturer certification under Article 28 of the Act;
8. Certification of conformity with noise standards, revocation thereof, and orders to suspend its effect under Article 25 of the Act: Provided, That this shall not apply to the following certification of conformity with noise standards, revocation thereof, and orders to suspend its effect:
(a) The first certification of conformity with noise standards for an aircraft which has obtained type certification or restricted type certification under Article 20 of the Act;
(b) The first certification of conformity with noise standards for an aircraft, etc. manufactured based on production certification under Article 22 of the Act;
9. Approval of repair and modification under Article 30 of the Act;
9-2. Receipt of a report on failures, etc. (excluding a report by an international air operator) under Article 33 (2) of the Act;
10. Permission for test flights, etc. under Article 36 (3) 2 of the Act;
11. Designation of a flight simulator under Article 39 (2) of the Act;
12. Orders for aviation medical examinations for flight crew (excluding those belonging to an international air operator) and air traffic controllers (limited to those belonging to a regional aviation office) under Article 41 of the Act;
13. Revocation of certification of qualification, etc. or orders to suspend the effect thereof under Article 43 (1) of the Act and revocation of aviation medical certification or orders to suspend the effect thereof under Article 43 (2) of the Act (excluding those for aviation personnel belonging to an international air operator and air traffic controllers belonging to a regional aviation office);
14. Permission for flight practice under Article 46 (1) 2 of the Act;
15. Permission for air traffic control practice under Article 47 of the Act (limited to the jurisdictions of a regional aviation office);
15-2. Amendment of guidelines for the operation of training programs under Article 48 (4) of the Act, inspection of any change of educational and training systems under paragraph (6) of the same Article, and regular or occasional inspection of persons designated as Approved Training Organizations under paragraph (7) of the same Article;
15-3. Suspension of business operations of a person designated as an Approved Training Organization or revocation of his or her designation under Article 48-2 (1) of the Act;
15-4. Imposition and collection of penalty surcharges with regard to a person designated as an Approved Training Organization under Article 48-3 of the Act;
16. Approval of a fatigue risk management system and approval of modification thereto under Article 56 (2) of the Act (excluding approval of a fatigue risk management system for international air operators and approval of modification);
17. Testing whether a person consumed or used alcohol, etc. under Article 57 (3) and (4) of the Act (excluding testing on air traffic controllers belonging to a regional aviation office);
18. Approval of an aviation safety management system for persons falling under Article 58 (2) 2, 4 (excluding international air operators), or 5 of the Act and approval of modification thereto;
18-2. Establishment and operation of an aviation safety management system under Article 58 (3) of the Act (limited to the jurisdictions of the director of a regional aviation office);
19. Receipt of mandatory aviation safety reporting under Article 59 (1) of the Act and fact-finding investigations under Article 60 (1) of the Act (excluding mandatory aviation safety reporting under Article 59 (1) of the Act related to a person providing air traffic services under Article 83 of the Act and an international air operator);
20. Receipt of a report by the pilot in command or the owner, etc. of the aircraft under Article 62 (5) and (6) of the Act (excluding reports by an international air operator and the pilot in command under his or her control);
21. Permission for takeoff or landing of an aircraft under Article 66 (1) 1 of the Act (excluding those used for international air transport services referred to in subparagraph 11 of Article 2 of the Aviation Business Act);
22. Permission for flight of an aircraft or its acts under the proviso, with the exception of the subparagraphs, of Article 68 of the Act (excluding permission for flight of an unmanned aerial vehicle under subparagraph 5 of Article 68 of the Act (limited to an unmanned aerial vehicle flying between at least two countries, which took off outside the Republic of Korea, flew over the Republic of Korea, and has landed outside the Republic of Korea));
23. Designation of aircraft for emergency duties and revocation of such designation under Article 69 of the Act;
24. Approval of extended operations of flight time between diversion airports of airplanes under Article 74 of the Act (excluding airplanes used for international air transport services under subparagraph 11 of Article 2 of the Aviation Business Act);
25. Approval of operation of aircraft in the airspace referred to in the subparagraphs of Article 75 (1) of the Act (excluding aircraft used for international air transport services under subparagraph 11 of Article 2 of the Aviation Business Act);
26. Permission for flight in regulatory airspace under the proviso of Article 79 (2) of the Act;
27. Cooperation with the heads of relevant administrative agencies to ensure air traffic safety under Article 81 of the Act (limited to cooperation with the heads of relevant administrative agencies on the matters over which authority is delegated to the director of a regional aviation office);
28. Provision of air traffic control services under Article 83 (1) of the Act, advice and information relating to operations of an aircraft or light sport aircraft under paragraph (2) of the same Article, and information on an aircraft or light sport aircraft that requires search and rescue under paragraph (3) of the same Article (limited to the jurisdictions of the director of a regional aviation office);
29. Instructions on the order of and timing for moving, takeoff, and landing of an aircraft and the method of controlling the flight of the aircraft under Article 84 (1) of the Act and instructions on a movement area at an aerodrome or airport under paragraph (2) of the same Article (limited to the jurisdictions of the director of a regional aviation office);
30. Provision of aeronautical information under Article 89 (1) of the Act (limited to the jurisdictions of the director of a regional aviation office and excluding those offered in the form of periodicals);
31. Granting of air operator Certificates, issuance of aircraft operating standards and operating certificates, and inspection of the changes to aircraft operating standards and to a safe air navigation system under Article 90 (1) through (3) and (5) of the Act (including cases applied mutatis mutandis in Article 96 (1) of the Act) (excluding issuance and inspection for international air operators);
32. Regular or occasional inspection of whether a safe air navigation system is maintained properly under Article 90 (6) of the Act (including cases applied mutatis mutandis in Article 96 (1) of the Act) (excluding inspections for international air operators);
33. Orders to suspend the operation of aircraft or an airway or to suspend the duties of aviation personnel and revocation of such suspension under Article 90 (7) and (8) of the Act (including cases applied mutatis mutandis in Article 96 (1) of the Act) (excluding orders and revocation for international air operators);
34. Revocation of an air operator certificate for air operators (excluding international air operators) and orders for suspension of the operation of an aircraft under Article 91 (1) of the Act;
35. Imposition and collection of penalty surcharges on air operators (excluding international air operators) under Article 92 of the Act;
36. Authorization for regulations for aircraft operation of aircraft and regulations for aircraft maintenance, acceptance of reports on modification, and authorization for modification under Article 93 of the Act (including cases applied mutatis mutandis in Article 96 (2) of the Act) (excluding those for international air operators);
37. Orders to improve safety under Article 94 of the Act (including cases applied mutatis mutandis in Article 96 (2) of the Act) (limited to those for the matters over which authority is delegated to the director of a regional aviation office);
38. Revocation of an air operator Certificate and orders to suspend the operation of aircraft for an aircraft use business entity under Article 95 (1) and (2) of the Act;
39. Imposition and collection of penalty surcharges on an aircraft use business entity under Article 95 (4) of the Act;
40. Certification of Approved Maintenance Organization and issuance of detailed criteria for operation and a certificate of Approved Maintenance Organization under Article 97 of the Act;
41. Revocation of certification of Approved Maintenance Organization or orders to suspend its effect under Article 98 of the Act;
42. Imposition and collection of penalty surcharges on persons who have obtained certification of Approved Maintenance Organization under Article 99 of the Act;
43. Permission for flight of foreign aircraft under Article 100 (1) 1 and 2 of the Act (excluding aircraft of a foreign country with no diplomatic ties with the Republic of Korea);
44. Permission for use of foreign aircraft in the Republic of Korea under the proviso of Article 101 of the Act;
45. Revocation of certification of qualification, etc. of light sport aircraft pilot or orders to suspend the effect thereof under Article 114 (1) and revocation of aviation medical certification or orders to suspend the effect thereof under paragraph (2) of the same Article (including cases applied mutatis mutandis in Article 116 (5) of the Act);
46. Permission for flight practice for light sport aircraft and issuance of light sport aircraft flight practice permits under Article 116 (1) and (4) of the Act;
47. Permission for takeoff and landing of light sport aircraft under the proviso of Article 118 (1) of the Act;
48. Receipt of reports on a light sport aircraft accident by a light sport aircraft pilot or a light sport aircraft owner, etc. under Article 120 (2) of the Act;
49. The following authority applicable mutatis mutandis to light sport aircraft:
(a) Conducting a test to determine whether a person consumed or used alcohol, etc. under Article 57 (3) and (4) of the Act applied mutatis mutandis under Article 121 (2) of the Act;
(b) Permission for flight in restricted airspace under the proviso of Article 79 (2) of the Act applied mutatis mutandis under Article 121 (4) of the Act;
(c) Instructions on the order of and timing for moving, takeoff, and landing of a light sport aircraft and the method of controlling the flight of the aircraft under Article 84 (1) of the Act applied mutatis mutandis under Article 121 (5) of the Act and instructions on a movement area at an aerodrome or airport under paragraph (2) of the same Article (limited to the jurisdictions of the director of a regional aviation office);
50. Deleted; <Dec. 10, 2020>
51. Deleted; <Dec. 10, 2020>
52. Revocation of certification of ultra-light vehicle pilot or orders to suspend the effect thereof under Article 125 (2) of the Act;
53. Approval of flights in the ultra-light vehicle flight restricted area is restricted under Article 127 (2) of the Act;
53-2. Approval of flights under Article 127 (3) of the Act;
54. Approval of flights of unmanned aerial vehicles under the proviso of Article 129 (2) of the Act;
55. Receipt of reports on ultra-light vehicle accidents by an ultra-light vehicle pilot or an ultra-light vehicle owner, etc. under Article 129 (3) of the Act;
55-2. Approval under the former part of Article 129 (5) of the Act, inspection under the latter part of the same paragraph, and receipt of applications for approval of flight under paragraph (6) of the same Article;
56. Orders for ultra-light vehicle use business entities to improve safety under Article 130 of the Act;
57. Testing whether a person consumed or used alcohol, etc. under Article 57 (3) and (4) of the Act applied mutatis mutandis under Article 131 of the Act;
58. Authority over the following in relation to Article 132 of the Act (limited to the matters over which authority is delegated to the director of a regional aviation office):
(a) Orders for reporting of the duties or for submission of documents under Article 132 (1) of the Act;
(b) Inspections and questioning, and appointment of experts for advice and suggestions under Article 132 (2) of the Act;
(c) Safety inspections under Article 132 (3) of the Act;
(d) Orders for temporary suspension of the operation of aircraft, light sport aircraft, or ultra-light vehicles or the operation of navigation aids under Article 132 (8) of the Act;
(e) Orders for temporary suspension of the duties of aviation personnel, ultra-light vehicle pilots, or persons who manage navigation aids under Article 132 (8) of the Act;
(f) Orders to take corrective measures, etc. under Article 132 (9) of the Act;
59. Holding hearings under Article 134 of the Act (limited to hearings for the matters over which authority is delegated to the director of a regional aviation office);
60. Imposition and collection of administrative fines under Article 166 of the Act (limited to the administrative fines for the matters over which authority is delegated to the director of a regional aviation office).
(2) The Minister of Land, Infrastructure and Transport shall delegate the following authority to the head of the Air Traffic Management Office under Article 135 (1) of the Act: <Amended on Aug. 27, 2019; Dec. 10, 2020>
1. Orders for air traffic controllers under the control of the head of the Air Traffic Management Office to undergo aviation medical examinations under Article 41 of the Act;
2. Approval of air traffic control practice under Article 47 of the Act (limited to the jurisdictions of the head of the Air Traffic Management Office);
2-2. Establishment and operation of an aviation safety management system under Article 58 (3) of the Act (limited to the jurisdictions of the head of the Air Traffic Management Office);
3. Approval of flight or acts under the proviso, with the exception of the subparagraphs, of Article 68 of the Act (limited to permission for flights of unmanned aerial vehicles under subparagraph 5 of Article 68 of the Act (limited to an unmanned aerial vehicle flying between at least two countries, which took off outside the Republic of Korea, flew over the Republic of Korea, and has landed outside the Republic of Korea));
4. Cooperation with the relevant administrative agencies to ensure air traffic safety under Article 81 of the Act (limited to cooperation with the relevant administrative agencies regarding the matters over which authority is delegated to the head of the Air Traffic Management Office);
5. Provision of air traffic control services under Article 83 (1) of the Act, advice and information relating to the operation of an aircraft or light sport aircraft under paragraph (2) of the same Article, and information on an aircraft or light sport aircraft that requires search and rescue under paragraph (3) of the same Article (limited to the jurisdictions of the head of the Air Traffic Management Office);
6. Instructions on the order of and timing for moving, takeoff, and landing of an aircraft and the method of controlling the flight of the aircraft under Article 84 (1) of the Act and instructions on a movement area at an aerodrome or airport under paragraph (2) of the same Article (limited to the jurisdictions of the head of the Air Traffic Management Office);
6-2. Establishment and implementation of search and rescue assistance plans under Article 88 of the Act;
7. Provision of aeronautical information under Article 89 (1) of the Act (limited to the jurisdictions of the head of the Air Traffic Management Office);
8. Publication of an aeronautical chart under Article 89 (2) of the Act;
9. Approval of the flight of a foreign aircraft under Article 100 (1) 3 of the Act;
10. Instructions on the order of and timing for moving, takeoff, and landing of an ultra-light vehicle and the method of controlling the flight of the aircraft under Article 84 (1) of the Act and instructions on a movement area at an aerodrome or airport under paragraph (2) of the same Article applied mutatis mutandis under Article 121 (5) of the Act (limited to the jurisdictions of the head of the Air Traffic Management Office);
11. Authority over the following in relation to Article 132 of the Act (limited to the matters over which authority is delegated to the head of the Air Traffic Management Office):
(a) Orders for reporting of the duties or for submission of documents under Article 132 (1) of the Act;
(b) Inspections and questioning, and appointment of experts for advice and suggestions under Article 132 (2) of the Act;
(c) Ordering temporary suspension of the operation of aircraft, light sport aircraft, or ultra-light vehicles or the operation of navigation aids under Article 132 (8) of the Act;
(d) Ordering temporary suspension of the duties of aviation personnel, ultra-light vehicle pilots, or persons who manage navigation aids under Article 132 (8) of the Act;
(e) Ordering corrective measures, etc. under Article 132 (9) of the Act;
12. Imposition and collection of administrative fines under Article 166 of the Act (limited to the administrative fines for the matters over which authority is delegated to the head of the Air Traffic Management Office).
(3) The Minister of Land, Infrastructure and Transport shall entrust the following duties related to inspections for certification or approval to specialized inspection institutions designated and publicly notified by the Minister of Land, Infrastructure and Transport from among the non-profit corporations which have technical human resources, facilities, equipment, etc. prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport under Article 135 (2) of the Act: <Amended on Jun. 19, 2018; Dec. 10, 2020>
1. Inspections for type certification, restricted type certification, or supplemental type certification under Article 20 of the Act;
2. Inspections for approval of type certification or supplemental type certification under Article 21 of the Act;
3. Inspections for production certification under Article 22 of the Act;
4. Inspections for certification of airworthiness of the following aircraft under the subparagraphs of Article 23 (3) of the Act (limited to the first certification of airworthiness):
(a) Aircraft that obtained type certification or restricted type certification under Article 20 of the Act;
(b) Aircraft manufactured based on production certification under Article 22 of the Act;
(c) Aircraft being researched and developed by aircraft manufacturers, aircraft-related research institutes, etc.;
(d) Aircraft used for sale, publicity, exhibition, market research, etc.;
(e) Aircraft used for flight practice to nurture pilots;
5. Inspections of the following aircraft, components, or parts to obtain the first certification of airworthiness under Article 24 of the Act:
(a) Aircraft that obtained type certification or restricted type certification under Article 20 of the Act;
(b) Aircraft manufactured based on production certification under Article 22 of the Act;
(c) Articles with technical standard order design approval that obtained type approval of articles with technical standard order design approval under Article 27 of the Act;
(d) Components or parts manufactured based on parts manufacturer certification under Article 28 of the Act;
6. Inspections for type approval of articles with technical standard order design approval under Article 27 of the Act;
7. Inspections for parts manufacturer certification under Article 28 of the Act.
(4) The Minister of Land, Infrastructure and Transport shall entrust authority over approval of repair or modification of aircraft owned or rented by State agencies, etc., among authority over approval of repair or modification under Article 30 of the Act, to the head of a relevant central administrative agency under Article 135 (3) of the Act.
(5) Deleted. <Dec. 10, 2020>
(6) The Minister of Land, Infrastructure and Transport shall entrust the following services, under Article 135 (5) of the Act, to the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act: <Amended on Nov. 7, 2017; Apr. 24, 2018; Feb. 8, 2019; May 26, 2020; Dec. 10, 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 of the Act;
2. Services concerning instrument flight certification, flight instructor certification, and the issuance of certificates referred to in Article 44 of the Act;
3. Services concerning the issuance of certificates of proficiency in aviation English referred to in Article 45 (3) of the Act;
4. Services concerning a web-based integrated aviation education and training management system under Article 48 (9) and (10) of the Act;
5. Services concerning the receipt, analysis, and dissemination of the voluntary aviation safety reporting referred to in Article 61 of the Act;
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 of the Act;
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) of the Act;
7-2. Services concerning acceptance of reports of ultra-light vehicles and issuance of report numbers under Article 122 of the Act;
7-3. Services concerning acceptance of reports on modification of ultra-light vehicles, receipt of reports of cancellation, notification of reports of cancellation, ex officio cancellation, and notification of ex officio cancellation under Article 123 of the Act;
8. Services concerning certification of ultra-light vehicle pilot referred to in Article 125 (1) of the Act;
9. Services concerning designation, establishment, and operation of facilities, including practical examination sites and training facilities, under Article 125 (3) of the Act;
10. Services concerning designation of a training center specializing in ultra-light vehicles, and confirmation of whether such center continues to meet the requirements for designation under Article 126 (1) and (5) of the Act;
11. Services concerning nurturing pilots, including education and training, under Article 126 (7) of the Act.
(7) The Minister of Land, Infrastructure and Transport shall entrust the following services to the Aerospace Medical Association of Korea established with permission from the Minister of Land, Infrastructure and Transport pursuant to Article 32 of the Civil Act, under Article 135 (6) of the Act:
1. The following services from among those relating to aviation medical certification under Article 40 of the Act:
(a) Review of validity of aviation medical certification;
(b) Re-issuance of an aviation medical certificate;
2. Services concerning training of aviation medical examiners under Article 49 (3) of the Act.
(8) The Minister of Land, Infrastructure and Transport shall entrust services concerning the implementation of examinations for the certification of proficiency in aviation English under Article 135 (7) of the Act to a specialized institution or organization determined and publicly notified by the Minister, from among the institutions or organizations specializing in the evaluation of English proficiency which meet the requirements in terms of human resources, facilities, etc. prescribed by the Korea Transportation Safety Authority or Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Nov. 7, 2017; Feb. 8, 2019; Aug. 27, 2019>
(9) Where the Minister of Land, Infrastructure and Transport entrusts services under paragraph (8), he or she shall publish the details, etc. regarding the institution and the services entrusted in the Official Gazette. <Newly Inserted on Nov. 7, 2017>
(10) The Minister of Land, Infrastructure and Transport shall entrust the following services to the Korea Institute of Aviation Safety Technology under the Korea Institute of Aviation Safety Technology Act pursuant to Article 135 (5) and (8) of the Act: <Newly Inserted on Jul. 17, 2017; Nov. 7, 2017; Feb. 25, 2020; May 26, 2020; Dec. 10, 2020>
1. Research conducted to determine technical standards for aircraft, flight rules, procedures and methods for handling dangerous goods, and flight technology standards under Articles 19, 67, 70, and 77 of the Act in accordance with the standards adopted and methods recommended by the Convention on International Civil Aviation and Annexes to the aforesaid Convention;
2. Deleted; <Feb. 25, 2020>
3. Research and analysis of data on a failure, defect, or malfunction of aircraft, etc., components, or parts reported to the Minister of Land, Infrastructure and Transport under Article 33 of the Act;
4. Research and analysis of the findings of studies on aviation accident, serious incident, or incident subject to mandatory reporting under the main clause of Article 59 (1) of the Act in order to prepare aviation safety programs under Article 58 (1) of the Act;
4-2. Analysis and dissemination of mandatory aviation safety reporting under Article 59 (1) of the Act;
4-3. Research, analysis, management, etc. of data, etc. requested by the International Civil Aviation Organization or any other international organization in connection with any of the following services:
(a) Designation of airspace, etc. under Article 78 of the Act;
(b) Air traffic services under Article 83 of the Act;
(c) Air traffic control services under Article 84 of the Act;
(d) Provision of aeronautical information and publication of aeronautical charts under Article 89 of the Act;
5. Inspections under the latter part of Article 129 (5) of the Act.
 Article 26 (Delegation and Entrustment of Authority)
(1) The Minister of Land, Infrastructure and Transport may delegate the following authority to the director of a regional aviation office under Article 135 (1) of the Act: <Amended on Jun. 19, 2018; Aug. 27, 2019; Feb. 25, 2020; May 26, 2020; Dec. 10, 2020>
1. Standard certification of airworthiness under Article 23 (3) 1 of the Act: Provided, That this shall not apply to the following:
(a) The first standard certification of airworthiness for an aircraft which has obtained type certification under Article 20 (2) 1 of the Act;
(b) The first standard certification of airworthiness for an aircraft manufactured based on production certification under Article 22 of the Act;
2. Special certification of airworthiness under Article 23 (3) 2 of the Act for the following: Provided, That this shall not apply to the first special certification of airworthiness for an aircraft which has obtained restricted type certification under Article 20 (2) 2 of the Act:
(a) An aircraft on a test flight after maintenance, repair or modification (hereinafter referred to as “maintenance, etc.”);
(b) An aircraft on a flight without any passenger or freight on board to a place for maintenance, etc.;
(c) An aircraft on a flight without any passenger or freight on board for import or export of aircraft;
(d) An aircraft used for search and rescue in response to a disaster, calamity, etc.;
(e) An aircraft used for wildfire suppression and prevention;
(f) An aircraft used for rescue and aid operations such as transportation of emergency patients;
(g) An aircraft used for agriculture or fishery business, such as seed sowing, pesticide spraying, or fish detection;
(h) An aircraft used for weather observation or meteorological control testing;
(i) A helicopter used for lifting and transporting construction materials, etc.;
(j) An aircraft used for observing and responding to marine pollution;
(k) An aircraft used for patrolling and observing forest, pipes, electric wires, etc.;
3. Inspection of the conditions and flight performance of an aircraft during the design and production process and after completion, and designation of the operating limitations under Article 23 (4) of the Act (limited to aircraft subject to standard certification of airworthiness or special certification of airworthiness over which authority has been delegated to the director of a regional aviation office under subparagraphs 1 and 2);
4. Extension of the period of validity of certification of airworthiness under the proviso of Article 23 (5) of the Act;
4-2. Issuance of a certificate of airworthiness under Article 23 (6) of the Act (limited to aircraft subject to standard certification of airworthiness or special certification of airworthiness over which authority has been deleted to the director of a regional aviation office under subparagraphs 1 and 2);
5. Orders to revoke certification of airworthiness or suspend the effect thereof under Article 23 (7) of the Act (limited to certification of airworthiness over which authority has been delegated to the director of a regional aviation office);
6. Occasional inspections of whether an aircraft maintains airworthiness under Article 23 (9) of the Act;
7. Approval of airworthiness of an aircraft, etc. (referring to the aircraft, its engine, and propeller; hereinafter the same shall apply), components, or parts, revocation of approval of airworthiness, order to suspend its effect under Article 24 of the Act: Provided, That this shall not apply to the following approval of airworthiness, revocation thereof, and orders to suspend its effect:
(a) The first approval of airworthiness for an aircraft, etc. which have obtained type certification or restricted type certification under Article 20 of the Act;
(b) The first approval of airworthiness for an aircraft, etc. manufactured based on production certification under Article 22 of the Act;
(c) The first approval of airworthiness for articles with technical standard order design approval which have obtained type approval of articles with technical standard order design approval under Article 27 of the Act;
(d) The first approval of airworthiness for components or parts manufactured based on parts manufacturer certification under Article 28 of the Act;
8. Certification of conformity with noise standards, revocation thereof, and orders to suspend its effect under Article 25 of the Act: Provided, That this shall not apply to the following certification of conformity with noise standards, revocation thereof, and orders to suspend its effect:
(a) The first certification of conformity with noise standards for an aircraft which has obtained type certification or restricted type certification under Article 20 of the Act;
(b) The first certification of conformity with noise standards for an aircraft, etc. manufactured based on production certification under Article 22 of the Act;
9. Approval of repair and modification under Article 30 of the Act;
9-2. Receipt of a report on failures, etc. (excluding a report by an international air operator) under Article 33 (2) of the Act;
10. Permission for test flights, etc. under Article 36 (3) 2 of the Act;
11. Designation of a flight simulator under Article 39 (2) of the Act;
12. Orders for aviation medical examinations for flight crew (excluding those belonging to an international air operator) and air traffic controllers (limited to those belonging to a regional aviation office) under Article 41 of the Act;
13. Revocation of certification of qualification, etc. or orders to suspend the effect thereof under Article 43 (1) of the Act and revocation of aviation medical certification or orders to suspend the effect thereof under Article 43 (2) of the Act (excluding those for aviation personnel belonging to an international air operator and air traffic controllers belonging to a regional aviation office);
14. Permission for flight practice under Article 46 (1) 2 of the Act;
15. Permission for air traffic control practice under Article 47 of the Act (limited to the jurisdictions of a regional aviation office);
15-2. Amendment of guidelines for the operation of training programs under Article 48 (4) of the Act, inspection of any change of educational and training systems under paragraph (6) of the same Article, and regular or occasional inspection of persons designated as Approved Training Organizations under paragraph (7) of the same Article;
15-3. Suspension of business operations of a person designated as an Approved Training Organization or revocation of his or her designation under Article 48-2 (1) of the Act;
15-4. Imposition and collection of penalty surcharges with regard to a person designated as an Approved Training Organization under Article 48-3 of the Act;
16. Approval of a fatigue risk management system and approval of modification thereto under Article 56 (2) of the Act (excluding approval of a fatigue risk management system for international air operators and approval of modification);
17. Testing whether a person consumed or used alcohol, etc. under Article 57 (3) and (4) of the Act (excluding testing on air traffic controllers belonging to a regional aviation office);
18. Approval of an aviation safety management system for persons falling under Article 58 (2) 2, 4 (excluding international air operators), or 5 of the Act and approval of modification thereto;
18-2. Establishment and operation of an aviation safety management system under Article 58 (3) of the Act (limited to the jurisdictions of the director of a regional aviation office);
19. Receipt of mandatory aviation safety reporting under Article 59 (1) of the Act and fact-finding investigations under Article 60 (1) of the Act (excluding a mandatory aviation safety report under Article 59 (1) of the Act related to a person providing air traffic services under Article 83 and an international air operator);
20. Receipt of a report by the pilot in command or the owner, etc. of the aircraft under Article 62 (5) and (6) of the Act (excluding reports by an international air operator and the pilot in command under his or her control);
21. Permission for takeoff or landing of an aircraft under Article 66 (1) 1 of the Act (excluding those used for international air transport services referred to in subparagraph 11 of Article 2 of the Aviation Business Act);
22. Permission for flight of an aircraft or its acts under the proviso, with the exception of the subparagraphs, of Article 68 of the Act (excluding permission for flight of an unmanned aerial vehicle under subparagraph 5 of Article 68 of the Act (limited to an unmanned aerial vehicle flying between at least two countries, which took off outside the Republic of Korea, flew over the Republic of Korea, and has landed outside the Republic of Korea));
23. Designation of aircraft for emergency duties and revocation of such designation under Article 69 of the Act;
24. Approval of extended operations of flight time between diversion airports of airplanes under Article 74 of the Act (excluding airplanes used for international air transport services under subparagraph 11 of Article 2 of the Aviation Business Act);
25. Approval of operation of aircraft in the airspaces referred to in the subparagraphs of Article 75 (1) of the Act (excluding aircraft used for international air transport services under subparagraph 11 of Article 2 of the Aviation Business Act);
26. Permission for flight in regulatory airspace under the proviso of Article 79 (2) of the Act;
27. Cooperation with the heads of relevant administrative agencies to ensure air traffic safety under Article 81 of the Act (limited to cooperation with the heads of relevant administrative agencies on the matters over which authority is delegated to the director of a regional aviation office);
28. Provision of air traffic control services under Article 83 (1) of the Act, advice and information relating to the operation of an aircraft or light sport aircraft under paragraph (2) of the same Article, and information on an aircraft or light sport aircraft that requires search and rescue under paragraph (3) of the same Article (limited to the jurisdictions of the director of a regional aviation office);
29. Instructions on the order of and timing for moving, takeoff, and landing of an aircraft and on the method of controlling the flight of the aircraft under Article 84 (1) of the Act and instructions on a movement area at an aerodrome or airport under paragraph (2) of the same Article (limited to the jurisdictions of the director of a regional aviation office);
30. Provision of aeronautical information under Article 89 (1) of the Act (limited to the jurisdictions of the director of a regional aviation office and excluding those offered in the form of periodicals);
31. Granting of air operator Certificates, issuance of aircraft operating standards and operating certificates, and inspection of the changes to aircraft operating standards and to a safe air navigation system under Article 90 (1) through (3) and (5) of the Act (including cases applied mutatis mutandis in Article 96 (1) of the Act) (excluding issuance and inspection for international air operators);
32. Regular or occasional inspection of whether a safe air navigation system is maintained properly under Article 90 (6) of the Act (including cases applied mutatis mutandis in Article 96 (1) of the Act) (excluding inspections for international air operators);
33. Orders to suspend the operation of aircraft or an airway or to suspend the duties of aviation personnel and revocation of such suspension under Article 90 (7) and (8) of the Act (including cases applied mutatis mutandis in Article 96 (1) of the Act) (excluding orders and revocation for international air operators);
34. Revocation of an air operator certificate for air operators (excluding international air operators) and orders for suspension of the operation of an aircraft under Article 91 (1) of the Act;
35. Imposition and collection of penalty surcharges on air operators (excluding international air operators) under Article 92 of the Act;
36. Authorization for regulations for aircraft operation of aircraft and regulations for aircraft maintenance, acceptance of reports on modification, and authorization for modification under Article 93 of the Act (including cases applied mutatis mutandis in Article 96 (2) of the Act) (excluding those for international air operators);
37. Orders to improve safety under Article 94 of the Act (including cases applied mutatis mutandis in Article 96 (2) of the Act) (limited to those for the matters over which authority is delegated to the director of a regional aviation office);
38. Revocation of an air operator Certificate and orders to suspend the operation of aircraft for an aircraft use business entity under Article 95 (1) and (2) of the Act;
39. Imposition and collection of penalty surcharges on an aircraft use business entity under Article 95 (4) of the Act;
40. Certification of Approved Maintenance Organization and issuance of detailed criteria for operation and a certificate of Approved Maintenance Organization under Article 97 of the Act;
41. Revocation of certification of Approved Maintenance Organization or order to suspend its effect under Article 98 of the Act;
42. Imposition and collection of penalty surcharges on persons who have obtained certification of Approved Maintenance Organization under Article 99 of the Act;
43. Permission for flight of foreign aircraft under Article 100 (1) 1 and 2 of the Act (excluding aircraft of a foreign country with no diplomatic ties with the Republic of Korea);
44. Permission for use of foreign aircraft in the Republic of Korea under the proviso of Article 101 of the Act;
45. Revocation of certification of qualification, etc. of light sport aircraft pilot or orders to suspend the effect thereof under Article 114 (1) and revocation of aviation medical certification or orders to suspend the effect thereof under paragraph (2) of the same Article (including cases applied mutatis mutandis in Article 116 (5) of the Act);
46. Permission for flight practice for light sport aircraft and issuance of light sport aircraft flight practice permit under Article 116 (1) and (4) of the Act;
47. Permission for takeoff and landing of light sport aircraft under the proviso of Article 118 (1) of the Act;
48. Receipt of reporting of a light sport aircraft accident by the pilot or by the owner, etc. of such light sport aircraft under Article 120 (2) of the Act;
49. The following authority applicable mutatis mutandis to light sport aircraft:
(a) Conducting a test to determine whether a person consumed or used alcohol, etc. under Article 57 (3) and (4) of the Act applied mutatis mutandis under Article 121 (2) of the Act;
(b) Permission for flight in restricted airspace under the proviso of Article 79 (2) of the Act applied mutatis mutandis under Article 121 (4) of the Act;
(c) Instructions on the order of and timing for moving, takeoff, and landing of a light sport aircraft and on the method of controlling the flight of the aircraft under Article 84 (1) of the Act applied mutatis mutandis under Article 121 (5) of the Act and instructions on a movement area at an aerodrome or airport under paragraph (2) of the same Article (limited to the jurisdictions of the director of a regional aviation office);
50. Deleted; <Dec. 10, 2020>
51. Deleted; <Dec. 10, 2020>
52. Revocation of certification of ultra-light vehicle pilot or orders to suspend the effect thereof under Article 125 (2) of the Act;
53. Approval of flights in the ultra-light vehicle flight restricted area under Article 127 (2) of the Act;
53-2. Approval of flights under Article 127 (3) of the Act;
54. Approval of flights of unmanned aerial vehicles under the proviso of Article 129 (2) of the Act;
55. Receipt of reports on ultra-light vehicle accidents by an ultra-light vehicle pilot or an ultra-light vehicle owner, etc. under Article 129 (3) of the Act;
55-2. Approval under the former part of Article 129 (5) of the Act, inspection under the latter part of the same paragraph, and receipt of applications for approval of flight under paragraph (6) of the same Article;
56. Orders for ultra-light vehicle use business entities to improve safety under Article 130 of the Act;
57. Testing whether a person consumed or used alcohol, etc. under Article 57 (3) and (4) of the Act applied mutatis mutandis under Article 131 of the Act;
58. Authority over the following in relation to Article 132 of the Act (limited to the matters over which authority is delegated to the director of a regional aviation office):
(a) Orders for reporting of the duties or for submission of documents under Article 132 (1) of the Act;
(b) Inspections and questioning, and appointment of experts for advice and suggestions under Article 132 (2) of the Act;
(c) Safety inspections under Article 132 (3) of the Act;
(d) Orders for temporary suspension of the operation of aircraft, light sport aircraft, or ultra-light vehicles or the operation of navigation aids under Article 132 (8) of the Act;
(e) Orders for temporary suspension of the duties of aviation personnel, ultra-light vehicle pilots, or persons who manage navigation aids under Article 132 (8) of the Act;
(f) Orders to take corrective measures, etc. under Article 132 (9) of the Act;
59. Holding hearings under Article 134 of the Act (limited to hearings for the matters over which authority is delegated to the director of a regional aviation office);
60. Imposition and collection of administrative fines under Article 166 of the Act (limited to the administrative fines for the matters over which authority is delegated to the director of a regional aviation office).
(2) The Minister of Land, Infrastructure and Transport shall delegate the following authority to the head of the Air Traffic Management Office under Article 135 (1) of the Act: <Amended on Aug. 27, 2019; Dec. 10, 2020>
1. Orders for air traffic controllers under the control of the head of the Air Traffic Management Office to undergo aviation medical examinations under Article 41 of the Act;
2. Permission for air traffic control practice under Article 47 of the Act (limited to the jurisdictions of the head of the Air Traffic Management Office);
2-2. Establishment and operation of an aviation safety management system under Article 58 (3) of the Act (limited to the jurisdictions of the head of the Air Traffic Management Office);
3. Approval of flight or acts under the proviso, with the exception of the subparagraphs, of Article 68 of the Act (limited to permission for flights of unmanned aerial vehicles under subparagraph 5 of Article 68 of the Act (limited to an unmanned aerial vehicle flying between at least two countries, which took off outside the Republic of Korea, flew over the Republic of Korea, and has landed outside the Republic of Korea));
4. Cooperation with the relevant administrative agencies to ensure air traffic safety under Article 81 of the Act (limited to cooperation with the relevant administrative agencies regarding the matters over which authority is delegated to the head of the Air Traffic Management Office);
5. Provision of air traffic control services under Article 83 (1) of the Act, advice and information relating to the operation of an aircraft or light sport aircraft under paragraph (2) of the same Article, and information on an aircraft or light sport aircraft that requires search and rescue under paragraph (3) of the same Article (limited to the jurisdictions of the head of the Air Traffic Management Office);
6. Instructions on the order of and timing for moving, takeoff, and landing of an aircraft and on the method of controlling the flight of the aircraft under Article 84 (1) of the Act and instructions on a movement area at an aerodrome or airport under paragraph (2) of the same Article (limited to the jurisdictions of the head of the Air Traffic Management Office);
6-2. Establishment and implementation of search and rescue assistance plans under Article 88 of the Act;
7. Provision of aeronautical information under Article 89 (1) of the Act (limited to the jurisdictions of the head of the Air Traffic Management Office);
8. Publication of an aeronautical chart under Article 89 (2) of the Act;
9. Approval of the flight of a foreign aircraft under Article 100 (1) 3 of the Act;
10. Instructions on the order of and timing for moving, takeoff, and landing of an ultra-light vehicle and on the method of controlling the flight of the aircraft under Article 84 (1) of the Act and instructions on a movement area at an aerodrome or airport under paragraph (2) of the same Article applied mutatis mutandis under Article 121 (5) of the Act (limited to the jurisdictions of the head of the Air Traffic Management Office);
11. Authority over the following in relation to Article 132 of the Act (limited to the matters over which authority is delegated to the head of the Air Traffic Management Office):
(a) Orders for reporting of the duties or for submission of documents under Article 132 (1) of the Act;
(b) Inspections and questioning, and appointment of experts for advice and suggestions under Article 132 (2) of the Act;
(c) Ordering temporary suspension of the operation of aircraft, light sport aircraft, or ultra-light vehicles or the operation of navigation aids under Article 132 (8) of the Act;
(d) Ordering temporary suspension of the duties of aviation personnel, ultra-light vehicle pilots, or persons who manage navigation aids under Article 132 (8) of the Act;
(e) Ordering corrective measures, etc. under Article 132 (9) of the Act.
12. Imposition and collection of administrative fines under Article 166 of the Act (limited to the administrative fines for the matters over which authority is delegated to the head of the Air Traffic Management Office).
(3) The Minister of Land, Infrastructure and Transport shall entrust the following duties related to inspections for certification or approval to specialized inspection institutions designated and publicly notified by the Minister of Land, Infrastructure and Transport from among the non-profit corporations which have technical staff, facilities, equipment, etc. prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport under Article 135 (2) of the Act: <Amended on Jun. 19, 2018; Dec. 10, 2020>
1. Inspections for type certification, restricted type certification, or supplemental type certification under Article 20 of the Act;
2. Inspections for approval of type certification or supplemental type certification under Article 21 of the Act;
3. Inspections for production certification under Article 22 of the Act;
4. Inspections for certification of airworthiness of the following aircraft under the subparagraphs of Article 23 (3) of the Act (limited to the first certification of airworthiness):
(a) Aircraft that have obtained type certification or restricted type certification under Article 20 of the Act;
(b) Aircraft manufactured based on production certification under Article 22 of the Act;
(c) Aircraft being researched and developed by aircraft manufacturers, aircraft-related research institutes, etc.;
(d) Aircraft used for sale, publicity, exhibition, market research, etc.;
(e) Aircraft used for flight practice to nurture pilots;
5. Inspection of the following aircraft, components or parts to obtain the first certification of airworthiness under Article 24 of the Act:
(a) Aircraft that obtained type certification or restricted type certification under Article 20 of the Act;
(b) Aircraft manufactured based on production certification under Article 22 of the Act;
(c) Articles with technical standard order design approval that have obtained type approval of articles with technical standard order design approval under Article 27 of the Act;
(d) Components or parts manufactured based on parts manufacturer certification under Article 28 of the Act;
6. Inspections for type approval of articles with technical standard order design approval under Article 27 of the Act;
7. Inspections for parts manufacturer certification under Article 28 of the Act.
(4) The Minister of Land, Infrastructure and Transport shall entrust authority over approval of repair or modification of aircraft owned or rented by State agencies, etc., among authority over approval of repair or modification under Article 30 of the Act, to the head of a relevant central administrative agency under Article 135 (3) of the Act.
(5) Deleted. <Dec. 10, 2020>
(6) The Minister of Land, Infrastructure and Transport shall entrust the following services to the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act: <Amended on Nov. 7, 2017; Apr. 24, 2018; Feb. 8, 2019; May 26, 2020; Dec. 10, 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 of the Act;
2. Services concerning instrument flight certification, flight instructor certification, and the issuance of certificates referred to in Article 44 of the Act;
3. Services concerning the issuance of certificates of proficiency in aviation English referred to in Article 45 (3) of the Act;
4. Services concerning a web-based integrated aviation education and training management system under Article 48 (9) and (10) of the Act;
5. Services concerning the receipt, analysis, and dissemination of the voluntary aviation safety reporting referred to in Article 61 of the Act;
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 of the Act;
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) of the Act;
7-2. Services concerning acceptance of reports of ultra-light vehicles and issuance of report numbers under Article 122 of the Act;
7-3. Services concerning acceptance of reports of changes of ultra-light vehicles, receipt of reports of cancellation, notification of reports of cancellation, ex officio cancellation, and notification of ex officio cancellation under Article 123 of the Act;
8. Services concerning certification of ultra-light vehicle pilot referred to in Article 125 (1) of the Act;
9. Services concerning designation, establishment, and operation of facilities, including practical examination sites and training facilities, under Article 125 (3) of the Act;
10. Services concerning designation of a training center specializing in ultra-light vehicles, and confirmation of whether such center continues to meet the requirements for designation under Article 126 (1) and (5) of the Act;
11. Services concerning nurturing pilots, including education and training, under Article 126 (7) of the Act.
(7) The Minister of Land, Infrastructure and Transport shall entrust the following services to the Aerospace Medical Association of Korea established with permission from the Minister of Land, Infrastructure and Transport pursuant to Article 32 of the Civil Act, under Article 135 (6) of the Act:
1. The following services from among those relating to aviation medical certification under Article 40 of the Act:
(a) Review of validity of aviation medical certification;
(b) Re-issuance of an aviation medical certificate.
2. Services concerning training of aviation medical examiners under Article 49 (3) of the Act.
(8) The Minister of Land, Infrastructure and Transport shall entrust services concerning the implementation of examinations for the certification of proficiency in aviation English under Article 135 (7) of the Act to a specialized institution or organization determined and publicly notified by the Minister, from among the institutions or organizations specializing in the evaluation of English proficiency which meet the requirements in terms of human resources, facilities, etc. prescribed by the Korea Transportation Safety Authority or Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Nov. 7, 2017; Feb. 8, 2019; Aug. 27, 2019>
(9) Where the Minister of Land, Infrastructure and Transport entrusts services under paragraph (8), he or she shall publish the details, etc. regarding the institution and the services entrusted in the Official Gazette. <Newly Inserted on Nov. 7, 2017>
(10) The Minister of Land, Infrastructure and Transport shall entrust the following services to the Korea Institute of Aviation Safety Technology under the Korea Institute of Aviation Safety Technology Act pursuant to Article 135 (5) and (8) of the Act: <Newly Inserted on Jul. 17, 2017; Nov. 7, 2017; Feb. 25, 2020; May 26, 2020; Dec. 10, 2020>
1. Research conducted to determine technical standards for aircraft, flight rules, procedures and methods for handling dangerous goods, and flight technology standards under Articles 19, 67, 70 and 77 of the Act in accordance with the standards adopted and methods recommended by the Convention on International Civil Aviation and Annexes to the aforesaid Convention;
2. Deleted; <Feb. 25, 2020>
3. Research and analysis of data on a failure, defect, or malfunction of aircraft, etc., components or parts reported to the Minister of Land, Infrastructure and Transport under Article 33 of the Act;
4. Research and analysis of the findings of studies on aviation accident, serious incident, or incident subject to mandatory reporting under the main clause of Article 59 (1) in order to prepare aviation safety programs under Article 58 (1) of the Act;
4-2. Analysis and dissemination of mandatory aviation safety reporting under Article 59 (1) of the Act;
4-3. Research, analysis, management, etc. of data, etc. requested by the International Civil Aviation Organization or any other international organization in connection with any of the following duties:
(a) Designation of airspace, etc. under Article 78 of the Act;
(b) Air traffic services under Article 83 of the Act;
(c) Air traffic control services under Article 84 of the Act;
(d) Provision of aeronautical information and publication of aeronautical charts under Article 89 of the Act;
5. Inspections under the latter part of Article 129 (5) of the Act;
6. Public disclosure of safety investment under Article 133-2 (1), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
[Enforcement Date: Nov. 27, 2022] Article 26 (10) 6
 Article 27 (Inspection Regulations for Specialized Inspection Institutions)
(1) A specialized inspection institution determined and publicly notified under Article 26 (3) (hereinafter referred to as a “specialized inspection institution”) shall determine business regulations necessary for certification or approval of aircraft, components or parts (hereinafter referred to as “inspection regulations”) and shall obtain authorization from the Minister of Land, Infrastructure or Transport. The same shall also apply to any modification thereof.
(2) The inspection regulations under paragraph (1) shall include the following:
1. Organization and staff of the unit which conducts inspection for certification or approval;
2. Roles and responsibilities of those who conduct inspection for certification or approval;
3. Systems and procedures for inspection for certification or approval;
4. Issuance of certificates and management of a ledger;
5. Training for those who conduct inspections for certification or approval;
6. Management and maintenance of books and materials on technology;
7. Operation and management of facilities and equipment;
8. Reporting of the results of inspection for certification or approval.
 Article 28 (Qualification for Inspector)
(1) Any person who conducts inspection for certification or approval at a specialized inspection institution shall meet any of the requirements provided in Article 31 (2) of the Act.
(2) The Minister of Land, Infrastructure and Transport shall determine the matters relating to the appointment of persons who conducts inspection for certification or approval at a specialized inspection institution, his or her duties and supervision thereof.
 Article 29 (Processing of Personally Identifiable Information)
The Minister of Land, Infrastructure and Transport (including a person delegated or entrusted with the authority of the Minister of Land, Infrastructure and Transport under Article 26) may process data containing a resident registration number, passport number, or alien registration number under Article 19 of the Enforcement Decree of the Personal Information Protection Act where unavoidable to perform the following administrative affairs: <Amended on Aug. 27, 2019>
1. Administrative affairs relating to certification of qualification, limitation on certification of qualification, implementation of and exemption from examinations, and issuance of a certificate of qualification under Articles 34, 37, and 38 of the Act;
1-2. Administrative affairs relating to aviation medical certification under Article 40 of the Act;
2. Administrative affairs relating to instrument flight certification and flight instructor certification under Article 44 of the Act;
2-2. Administrative affairs relating to certification of proficiency in aviation English under Article 45 of the Act;
2-3. Administrative affairs relating to flight practice under Article 46 of the Act and verification of aviation medical certificates necessary for air traffic control practice under Article 47 of the Act;
2-4. Administrative affairs relating to the designation of aviation medical examiners under Article 49 (1) of the Act;
3. Administrative affairs relating to operational qualification for pilots in command, etc. under Article 63 of the Act;
4. Administrative affairs relating to certification of qualification of light sport aircraft pilots, limitation on certification of qualification, implementation of and exemption from examinations, and issuance of a certificate of qualification under Articles 109, 111, and 112 of the Act;
5. Administrative affairs relating to certification of light sport aircraft flight instructor and training for a person who has obtained certification of light sport aircraft flight instructor under Article 115 of the Act;
6. Administrative affairs relating to ultra-light vehicle pilot certification, etc. under Article 125 of the Act.
 Article 30 (Criteria for Imposing Administrative Fines)
The criteria for imposing administrative fines under Article 167 of the Act shall be as specified in attached Table 5.
ADDENDA <Presidential Decree No. 27971, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017: Provided, That Article 26 (1) 16, items (p) (limited to the portion pertaining to Article 56 (1) 2 of the Act) and (q) of subparagraph 2 of attached Table 3, items (e) (limited to the portion pertaining to Article 56 (1) 2 of the Act) and (f) of subparagraph 2 of attached Table 5 shall enter into force on March 30, 2019.
Article 2 (Repeal of Other Statutes or Regulations)
Article 3 (Transitional Measures concerning Chairperson of Committee)
The Chairperson, Vice Chairperson, or member of the Committee appointed or commissioned under Article 15 of the previous Enforcement Decree of the Aviation Act as at the time this Decree enters into force (referring to the Decree effective before its repeal under Article 2 of the Addenda; hereinafter the same shall apply) shall be deemed the Chairperson, Vice Chairperson, or member appointed or commissioned under Article 10 (2) or (3).
Article 4 (Transitional Measures concerning Members Commissioned)
The term of office for a member commissioned under Article 15 (3) 3 of the previous Enforcement Decree of the Aviation Act before this Decree enters into force shall be the term specified in Article 10 (4) and the initial date in reckoning shall be the date such member is commissioned.
Article 5 (Transitional Measures concerning Specialized Inspection Institutions)
(1) Any specialized inspection determined and publicly notified by the Minister of Land, Infrastructure and Transport under Article 60 (1) of the previous Enforcement Decree of the Aviation Act as at the time this Decree enters into force shall be deemed a specialized inspection institution determined and publicly notified under Article 26 (3).
(2) Operational rules which have obtained authorization or authorization for modification under Article 60 (2) of the previous Enforcement Decree of the Aviation Act as at the time this Decree enters into force shall be deemed to have obtained authorization or authorization for modification under Article 27 (1).
Article 6 (Transitional Measures concerning Specialized Institutions or Organizations Related to English Evaluation)
Any specialized institution or organization determined and publicly notified by the Minister of Land, Infrastructure and Transport under Article 63 (9) of the previous Enforcement Decree of the Aviation Act as at the time this Decree enters into force shall be deemed a specialized institution or organization determined and publicly notified under Article 26 (8).
Article 7 (Transitional Measures concerning Penalty Surcharges)
(1) Articles 13-2, 44-8, 54-2, attached Tables 1, 4 and 6 of the previous Enforcement Decree of the Aviation Act shall apply to the imposition of penalty surcharges for any violation committed before this Decree enters into force, notwithstanding Articles 5, 21, and 22, and attached Tables 1, 3 and 4.
(2) Notwithstanding paragraph (1), Article 44-7 and attached Table 4 of the previous Enforcement Decree of the Aviation Act (referring to the one before partially amended on Presidential Decree No. 25787) shall apply to the imposition of penalty surcharges for any violation committed before Nov. 29, 2014, notwithstanding Article 21 and attached Table 3.
(3) Notwithstanding paragraph (1), Article 44-7 and attached Table 4 of the previous Enforcement Decree of the Aviation Act (referring to the one before partially amended by Presidential Decree No. 27527) shall apply to the imposition of penalty surcharges for any violation committed between Nov. 29, 2014 and Sep. 30, 2016, notwithstanding Article 21 and attached Table 3.
Article 8 (Transitional Measures concerning Head of Air Traffic Management Office)
“Head of the Air Traffic Management Office” in Article 26 (2) with the exception of its subparagraphs, subparagraphs 1, 2, 4 through 7, and 10 of the same paragraph, subparagraph 11 of the same paragraph with the exception of its items, and subparagraph 12 of the same paragraph shall be deemed “head of the Air Traffic Center” until April 30, 2017.
Article 9 (Transitional Measures concerning Administrative Fines)
(1) Notwithstanding Article 30 and attached Table 5, Article 64 and attached Table 7 of the previous Enforcement Decree of the Aviation Act shall apply to the imposition of administrative fines for any violation committed before this Decree enters into force.
(2) Notwithstanding paragraph (1), Article 64 and attached Table 7 of the previous Enforcement Decree of the Aviation Act (referring to the one before partially amended by Presidential Decree No. 23989) shall apply to the imposition of administrative fines for any violation committed before Jul. 27, 2012, notwithstanding Article 30 and attached Table 5.
Article 10 Omitted.
Article 11 (Relations to Other Statutes or Regulations)
Where the previous Enforcement Decree of the Aviation Act or its provisions are cited in other statutes or regulations as at the time this Decree enters into force, it shall be deemed that this Decree or its corresponding provisions, if any, shall be deemed to have been cited in lieu of the previous Enforcement Decree of the Aviation Act or its provisions.
ADDENDA <Presidential Decree No. 28077, May 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2017. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 28193, Jul. 17, 2017>
This Decree shall enter into force on July 18, 2017.
ADDENDUM <Presidential Decree No. 28419, Nov. 7, 2017>
This Decree shall enter into force on November 10, 2017.
ADDENDUM <Presidential Decree No. 28830, Apr. 24, 2018>
This Decree shall enter into force on April 25, 2018.
ADDENDUM <Presidential Decree No. 28986, Jun. 19, 2018>
This Decree shall enter into force on June 27, 2018.
ADDENDA <Presidential Decree No. 29489, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 17, 2019.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 29518, Feb. 8, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 30062, Aug. 27, 2019>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 26 (1) 15-2 through 15-4 shall enter into force three months after the date of its promulgation.
ADDENDA <Presidential Decree No. 30106, Oct. 8, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 30489, Feb. 25, 2020>
This Decree shall enter into force on February 28, 2020.
ADDENDA <Presidential Decree No. 30715, May 26, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 27, 2020: Provided, That the amended provisions of subparagraph 5 of Article 24 shall enter into force on January 1, 2021, and the amended provisions of Article 26 (10) 6 and subparagraph 2 (ak) of attached Table 5 shall enter into force on November 27, 2022.
Article 2 (Special Cases concerning Pilot Project)
To facilitate a system for public disclosure of safety investment, the Korea Institute of Aviation Safety Technology may conduct pilot projects under Article 2 of the Addenda to the Aviation Safety Act (Act No. 16643) before November 27, 2022, which is the enforcement date under the proviso of Article 1 of the Addenda to the amended provisions of Article 26 (10) 6.
Article 3 (Transitional Measures concerning Changes in Ultra-Light Vehicles Requiring Reporting)
Any person who owns, or has a right to use, an ultra-light vehicle newly included in ultra-light vehicles requiring reporting pursuant to the amended provisions of subparagraph 5 of Article 24 as of the enforcement date under the proviso of Article 1 of the Addenda shall report such vehicle under the amended provisions of subparagraph 5 of Article 24 by June 30, 2021.
Article 4 (Transitional Measures concerning Inspection of Amendments of Guidelines for Operation of Training Programs)
Notwithstanding the amended provisions of Article 26 (1) 15-2, 18, and 55-2, the previous provisions shall apply to applications for amendments of guidelines for the operation of training programs, applications for approval of or approval of modification of an aviation safety management system, and applications for approval of flight filed with the Minister of Land, Infrastructure and Transport pursuant to the previous provisions as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 31012, Sep. 10, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 10, 2020.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31141, Nov. 3, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Postponement of Deadline for Paying Penalty Surcharge and Installment Payment)
The amended provisions of Article 6 (3) through (6) shall also apply where a penalty surcharge is imposed under Articles 29 (1), 48-3 (1), 87 (1), 92 (1), 95 (4), and 99 (1) of the Act before this Decree enters into force: Provided, That an application for the postponement of the deadline for paying a penalty surcharge or for the payment of a penalty surcharge in installments may be filed by February 28, 2021, notwithstanding the amended provisions of Article 6 (4).
Article 3 (Transitional Measures concerning Criteria for Imposing Penalty Surcharges)
(1) With regard to the imposition of penalty surcharges for violations committed before this Decree enters into force, the previous provisions shall apply where the criteria for imposition of penalty surcharges are stricter than the previous ones, and the amended provisions of attached Table 3 shall apply where such criteria are more lenient than the previous ones.
(2) Penalty surcharges imposed for violations committed before this Decree enters into force shall be included in the calculation of the number of violations under the amended provisions of attached Table 3.
ADDENDA <Presidential Decree No. 31211, Dec. 1, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 31243, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 31259, Dec. 10, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Article 2 (Transitional Measures concerning Acceptance of Reports of Ultra-Light Vehicles)
Notwithstanding the amended provisions of Article 26 (6) 7-2 and 7-3, where procedures for acceptance of reports or reports on modification are underway under the previous Article 26 (1) 50 and 51 as at the time this Decree enters into force, the director of a regional aviation office shall perform the duties of accepting reports and reports on modification and issuing report numbers pursuant to the previous provisions.