ENFORCEMENT DECREE OF THE AVIATION AND RAILWAY ACCIDENT INVESTIGATION ACT
Presidential Decree No. 19531, jun. 15, 2006
Amended by Presidential Decree No. 20722, Feb. 29, 2008
Presidential Decree No. 22829, Apr. 4, 2011
Presidential Decree No. 24395, Feb. 22, 2013
The purpose of this Decree is to prescribe matters mandated by the Aviation and Railway Accident Investigation Act and those necessary for enforcing said Act. <Amended on Feb. 22, 2013>
| Article 2 (Composition of Committees) |
| (1) | The Aviation and Railway Accident Investigation Board (hereinafter referred to as the "Board") under Article 4 of the Aviation and Railway Accident Investigation Act (hereinafter referred to as the “Act”) shall have the following committees within the Board: |
| (2) | The Aviation Committee referred to in paragraph (1) 1 shall deliberate and decide on the following matters regarding aviation accidents, etc.: |
| 3. | Other matters regarding aviation accidents, etc. delegated by the Board for deliberation. |
| (3) | The Railway Committee under paragraph (1) 2 shall deliberate and decide on the following matters pertaining to railway accidents: <Amended on Feb. 22, 2013> |
| 3. | Other matters regrading railway accidents delegated by the Board for deliberation. |
| (4) | A committee under the subparagraphs of paragraph (1) (hereinafter referred to as "committee") shall be comprised of up to seven members, including the chairperson of the committee (hereinafter referred to as "chairperson of the committee") and one standing member of the committee (hereinafter referred to as "standing member of the committee"). <Amended on Feb. 22, 2013> |
| (5) | The chairperson of the Board (hereinafter referred to as the "Chairperson") and the standing member of the Board shall concurrently take the office of the chairperson and the standing member of each committee, respectively, and the members of each committee shall be designated by the Chairperson from among the members of the Board. <Amended on Feb. 22, 2013> |
| (6) | The chairperson of the committee shall represent the committee, and exercise general supervision over its affairs. |
| Article 3 (Meetings of Committees) |
| (1) | The chairperson of a committee shall convene and preside over meetings of the committee. |
| (2) | Meetings of a committee shall adopt resolutions by the concurring vote of a majority of all incumbent members. |
| (3) | Except as provided in this Decree, matters necessary for the operation, etc. of committees shall be determined by the Chairperson. |
| Article 4 (Commissioning of Advisors) |
| (1) | The Chairperson may commission persons with extensive knowledge of and experience in the relevant field as advisors under Article 14 of the Act. <Amended on Feb. 22, 2013> |
| (2) | The Chairperson may request the advisors to state opinions or to submit written opinions on an accident investigation. |
| (3) | Advisors shall hold office for a term of five years and may be appointed consecutively for further terms. |
| Article 5 (Composition of the Aviation and Railway Accident Investigation Team) |
| (1) | The investigator-in-charge of the Aviation and Railway Accident Investigation Team under Article 20 (1) of the Act (hereinafter referred to as "investigation team") shall be appointed by the Chairperson from among accident investigators under Article 16 (2) of the Act or employees who conduct affairs related to accident investigation. |
| (2) | The investigator-in-charge shall exercise general supervision over the affairs concerning the investigation team, and direct and supervise the members of the investigation team. |
| (3) | Where an aviation accident, etc. is related to the operation of military aircraft or military aviation duties (limited to the operation of aircraft, which is done onboard [excluding flight training], air traffic control and operation control) or where an aviation accident, etc. occurs in a military air base, and if an investigation team is established to investigate such accident, the Board shall ensure that persons recommended by the Minister of National Defense from among experts in the field related to the accident participate in the investigation team. <Amended on Feb. 22, 2013> |
| (4) | Except as provided in this Decree, matters necessary for the composition and operation of an investigation team shall be determined by the Chairperson. |
| Article 6 (Hearing of Opinions) |
| (1) | Where the Board intends to hear opinions of the relevant persons under Article 24 (1) of the Act, it shall determine the date and place and send written notice thereof at least seven days before hearing their opinions. |
| (2) | Where a relevant person in receipt of notice under paragraph (1) is unable to attend a meeting of the Board due to any unavoidable cause, he or she may submit his or her written opinion in advance (including electronic documents). |
| (3) | When a relevant person in receipt of notice under paragraph (1) neither appears before the Board nor submits his or her opinion in writing without good cause, he or she shall be deemed to have waived the opportunity to state his or her opinion. |
| Article 7 (Publication of Accident Investigation Reports) |
The Board shall publicize accident investigation reports under Article 25 (2) of the Act in a way that can be easily accessible by the public such as announcing to the press, posting on the website of the Board, or publishing printed materials.
| Article 8 (Scope of Information Whose Disclosure May Be Prohibited) |
The scope of the information that may not be disclosed pursuant to Article 28 (2) of the Act shall be as follows: Provided, That where the relevant information is related to the analysis of an accident, the details thereof may be included in the accident investigation report referred to in Article 25 (1) of the Act: <Amended on Feb. 22, 2013> | 1. | A statement received from relevant persons in the course of investigating the accident; |
| 2. | Records of communications among persons related to the operation of the aircraft or train; |
| 3. | Medical or privacy information on persons related to the aviation accident, etc. or railway accident; |
| 4. | Voice recording from the cockpit and train engine room, and transcripts of such records; |
| 5. | Video recording from the cockpit and transcripts of such records; |
| 6. | Air traffic control recordings and transcripts of such recordings; |
| 7. | Opinions presented in the course of analyzing information from flight recorders, train operation recorders, etc. |
| Article 9 (Criteria for Imposition of Administrative Fines) |
Criteria for the imposition of administrative fines referred to in Article 38 (1) of the Act shall be as specified in the attached Table. [This Article Wholly Amended on Apr. 4, 2011]
ADDENDA <Presidential Decree No. 19531, Jun. 15, 2006>
| (1) | (Enforcement Decree) This Decree shall enter into force on July 9, 2006. |
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, among the Presidential Decrees amended pursuant to Article 6 of the Addenda, amendments of the Presidential Decrees which were promulgated before this Decree enters into force, but the dates on which they are to enter into force have yet to arrive, shall enter into force on the respective dates on which the relevant Presidential Decrees enter into force. Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 22829, Apr. 4, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Calculation of Floor Area Ratio pursuant to Amended Enforcement Decree of the Building Act) Article 4 (Transitional Measures concerning Penalty Surcharges or Administrative Fines)
| (1) | The previous provisions shall apply to the criteria for the imposition of penalty surcharges or administrative fines for violations committed before this Decree enters into force. |
| (2) | The number of dispositions to impose penalty surcharges or administrative fines for violations committed before this Decree enters into force shall not be counted towards the number of violations under the amended provisions of this Decree. |
ADDENDA <Presidential Decree No. 24395, Feb. 22, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Scope of Information That May Not Be Disclosed)
The amended provisions of subparagraphs 4 through 7 of Article 8 shall begin to apply to aviation accidents, etc. and railway accidents that occur after this Decree enters into force.