ENFORCEMENT DECREE OF THE AVIATION SECURITY ACT
Presidential Decree No. 25291, Apr. 1, 2014
Amended by Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26604, Oct. 29, 2015
Presidential Decree No. 26858, Jan. 6, 2016
Presidential Decree No. 27224, jun. 14, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28034, May 8, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28876, May 8, 2018
Presidential Decree No. 29256, Oct. 23, 2018
Presidential Decree No. 29518, Feb. 8, 2019
Presidential Decree No. 30106, Oct. 8, 2019
Presidential Decree No. 30509, Mar. 3, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 31531, Mar. 9, 2021
Presidential Decree No. 32369, Jan. 25, 2022
The purpose of this Decree is to prescribe matters delegated by the Aviation Security Act and other matters necessary for enforcing said Act. <Amended on Apr. 1, 2014> [This Article Wholly Amended on Sep. 20, 2010]
| Article 2 (Organization of National Civil Aviation Security Committee) |
| (1) | The National Civil Aviation Security Committee (hereinafter referred to as the "Security Committee") in Article 7 (1) of the Aviation Security Act (hereinafter referred to as the "Act") shall consist of up to 20 members, including one chairperson. <Amended on Apr. 1, 2014> |
| (2) | The head of the Civil Aviation Office of the Ministry of Land, Infrastructure and Transport shall become the chairperson of the Security Committee, and the following persons shall serve as its members: <Amended on Mar. 23, 2013; Apr. 1, 2014; Nov. 19, 2014; Jul. 26, 2017; Oct. 14, 2022> |
| 1. | Each one public official, appointed by the head of the relevant organization, who is a member of the Senior Executive Service or holding a post equivalent thereto under the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of National Defense, the Ministry of Culture, Sports and Tourism, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Health and Welfare, the Ministry of Land, Infrastructure and Transport, the National Intelligence Service, the Korea Customs Service, the Korean National Police Agency, and the Korea Coast Guard; |
| 2. | One person each from among the executive officers and employees in charge of aviation security of Korea Airports Corporation under the Korea Airports Corporation Act and Incheon International Airport Corporation under the Incheon International Airport Corporation Act, designated by the head of the respective corporation in consultation with the Minister of Land, Infrastructure, and Transport. |
| (3) | Deleted. <Oct. 4, 2022> |
| (4) | The chairperson shall represent the Security Committee and have overall control over its duties. <Amended on Apr. 1, 2014> |
| (5) | Where the chairperson of the Security Committee is unable to perform his or her duties due to any unavoidable cause, a member pre-appointed by the chairperson shall perform his or her duties on his or her behalf. <Amended on Apr. 1, 2014; Jun. 14, 2016> |
| (6) | The chairperson shall convene and preside over meetings of the Security Committee. <Amended on Apr. 1, 2014; Jun. 14, 2016> |
| (7) | The Security Committee shall have one executive secretary to handle its duties appointed by the Minister of Land, Infrastructure and Transport, among the public officials under his or her jurisdiction. <Amended on Mar. 23, 2013; Apr. 1, 2014; Jun. 14, 2016> |
| (8) | Self security program subject to consultation held by the Security Committee prescribed in Article 7 (1) 3 of the Act shall be as follows: <Amended on Apr. 1, 2014; Jun. 14, 2016> |
| 1. | Self security program formulated and amended by airport operators; |
| 2. | Self security program formulated and amended by an aircraft operator (limited to domestic aircraft operators and international aircraft operators). |
| (9) | Detailed matters necessary for operating the Security Committee, other than those expressly provided for in this Decree, shall be determined by the chairperson following a resolution by the Security Committee. <Amended on Apr. 1, 2014; Jun. 14, 2016> |
[This Article Wholly Amended on Sep. 20, 2010]
[Title Amended on Apr. 1, 2014]
| Article 2-2 (Disqualification of, Challenge to, or Recusal of, Members of Security Committee) |
| (1) | A member of the Security Committee shall be disqualified from participating in consultations held by the Security Committee in any of the following cases: |
| 1. | Where a member or his or her current or former spouse becomes a party to the relevant agenda item, or is a joint holder of any right or joint obligor of a party to the relevant agenda item; |
| 2. | Where a member is or was a relative of a party to the relevant agenda item; |
| 3. | Where a member has provided a testimony, statement, consultation, research, service or appraisal concerning the relevant agenda item; |
| 4. | Where a member or a juristic person to which a member belongs is or was the representative of a party to the relevant agenda item. |
| (2) | Where a party to the relevant agenda item has a ground to believe that he or she can hardly expect impartial consultation from a certain member, the party may submit a written challenge to such member to the Security Committee, and the Security Committee shall determine on it by resolution. In such cases, no member subject to such challenge shall participate in the resolution. |
| (3) | Where any member finds that he or she is subject to exclusion for a ground prescribed in the subparagraphs of paragraph (1), he or she shall recuse himself or herself from deliberating on the relevant agenda item. |
[This Article Newly Inserted on Jun. 14, 2016]
| Article 2-3 (Withdrawal of Appointment of Security Committee Member) |
| (1) | A person who has appointed a member pursuant to Article 2 (2) may withdraw the appointment if the member falls under any of the following cases: <Amended on Oct. 4, 2022> |
| 1. | Where the member becomes unable to perform his or her duties due to any mental or physical disability; |
| 2. | Where the member engages in misconduct in connection with his or her duties; |
| 3. | Where the member is deemed unsuitable to serve as a member due to neglecting a duty, losing dignity, etc.; |
| 4. | Where the member fails to recuse himself or herself even though he or she falls under any subparagraph of Article 2-2 (1); |
| 5. | Where the member voluntarily admits that it is impracticable for him or her to perform his or her duties as a member. |
| (2) | Deleted. <Oct. 4, 2022> |
[This Article Newly Inserted on Jun. 14, 2016]
[Title Amended on Oct. 4, 2022]
| Article 3 (Organization of Regional Civil Aviation Security Committees) |
| (1) | A Regional Civil Aviation Security Committee referred to in Article 8 (1) of the Act (hereinafter referred to as "Regional Security Committee") shall consist of up to 20 members, including one chairperson. <Amended on Apr. 1, 2014> |
| (2) | The following persons shall serve as members of a Regional Security Committee: <Amended on Apr. 1, 2014> |
| 1. | One person stationed at the relevant airport as an employee of a Government agency; |
| 2. | One person recommended by the relevant airport operator among his or her employees; |
| 3. | One person recommended by an aircraft operator stationed at the relevant airport among its employees; |
| 4. | A person commissioned by the chairperson for aviation security, other than those prescribed in subparagraphs 1 through 3. |
| (3) | The director of a local aviation office having jurisdiction over the relevant airport, or a person appointed by the director of a local aviation office among public officials under his or her jurisdiction shall serve as the chairperson of a Regional Security Committee. |
| (4) | The term of office of members commissioned under paragraph (2) 4 shall be two years. <Newly Inserted on Jun. 14, 2016> |
| (5) | The chairperson shall represent the relevant Regional Security Committee and have overall control over its duties. <Amended on Apr. 1, 2014; Jun. 14, 2016> |
| (6) | The chairperson shall convene and preside over meetings of the relevant Regional Security Committee. <Amended on Apr. 1, 2014; Jun. 14, 2016> |
| (7) | A Regional Security Committee shall have an executive secretary to handle its duties; and the director of a local aviation office shall appoint an executive secretary from among the public officials under his or her jurisdiction. <Amended on Apr. 1, 2014; Jun. 14, 2016> |
| (8) | Details necessary for operating a Regional Security Committee, other than those provided for in this Decree, shall be determined by the chairperson following a resolution by the relevant Regional Security Committee. <Amended on Apr. 1, 2014; Jun. 14, 2016> |
[This Article Wholly Amended on Sep. 20, 2010]
[Title Amended on Apr. 1, 2014]
| Article 3-2 (Disqualification of, Challenge to, or Recusal of, Members of Regional Security Committees) |
| Article 2-2 shall apply mutatis mutandis to disqualification of, challenge to, or recusal of members of Regional Security Committees. |
[This Article Newly Inserted on Jun. 14, 2016]
| Article 3-3 (Dismissal of Members of Regional Security Committees) |
| (1) | A person who has recommended a member pursuant to Article 3 (2) 2 or 3 may withdraw his or her recommendation if the member falls under any of the following: |
| 1. | Where the member becomes unable to perform his or her duties due to any mental or physical disability; |
| 2. | Where the member engages in misconduct in connection with his or her duties; |
| 3. | Where the member is deemed unsuitable to serve as a member due to neglecting a duty, losing dignity, etc.; |
| 4. | Where the member fails to recuse himself or herself even though he or she falls under any subparagraph of Article 2-2 (1); |
| 5. | Where the member voluntarily admits that it is impracticable for him or her to perform his or her duties as a member. |
| (2) | The chairperson of a Regional Security Committee may dismiss a member referred to in Article 3 (2) 4 from office if he or she falls under any subparagraph of paragraph (1). |
[This Article Newly Inserted on Jun. 14, 2016]
| Article 4 (Duties of Regional Security Committees) |
| (1) | A Regional Security Committee shall consult on the following: <Amended on Apr. 1, 2014> |
| 2. | Matters related to the security of airport facilities; |
| 3. | Matters related to the security of aircraft; |
| 5. | Other matters related to the security of airports and aircraft, other than those prescribed in subparagraphs 1 through 4. |
| (2) | After consulting on the matters referred to in the subparagraphs of paragraph (1), a chairperson shall report the outcomes thereof to the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Sep. 20, 2010]
[Title Amended on Apr. 1, 2014]
| Article 5 (Formulation and Amendment of Master Plans) |
| (1) | An aviation security master plan referred to in Article 9 (1) of the Act (hereinafter referred to as "master plan") shall contain the following: <Amended on Apr. 1, 2014> |
| 1. | Changes in and prospects of the aviation security environment domestically and abroad; |
| 2. | Matters related to the status of aviation security in the Republic of Korea and enhancing competitiveness; |
| 3. | The objectives of, and direction-setting for promoting, national aviation security policies, and phased plans for implementation thereof; |
| 4. | Matters related to training aviation security experts and developing aviation security technology; |
| 5. | Other matters necessary for developing aviation security. |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to formulate or amend a master plan, such plan shall be deliberated upon by the Security Committee. <Newly Inserted on Apr. 1, 2014> |
| (3) | Where the Minister of Land, Infrastructure and Transport has formulated or amended a master plan, he or she shall notify details thereof to airport operators, etc. referred to in Article 9 (1) of the Act (hereinafter referred to as "airport operators, etc."). <Amended on Mar. 23, 2013; Apr. 1, 2014> |
[This Article Wholly Amended on Sep. 20, 2010]
[Title Amended on Apr. 1, 2014]
| Article 5-2 (Formulation and Amendment of Implementation Plans) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate an implementation plan on aviation security (hereinafter referred to as "implementation plan") each year based upon a phased plan referred to in Article 5 (1) 3 and included in a master plan. |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to formulate or amend an implementation plan, he or she shall consult with the Security Committee. |
| (3) | Where the Minister of Land, Infrastructure and Transport has formulated or amended an implementation plan, he or she shall notify details thereof to airport operators, etc. |
[This Article Newly Inserted on Apr. 1, 2014]
| Article 6 Deleted. <Sep. 20, 2010> |
| Article 7 Deleted. <Sep. 20, 2010> |
| Article 8 Deleted. <Sep. 20, 2010> |
| Article 9 Deleted. <Sep. 20, 2010> |
| Article 10 (Methods for Security Screening of Passengers and Their Cabin Baggage) |
| (1) | Before passengers board aircraft, any airport operator shall screen all the passengers and their cabin baggage as prescribed in Article 15 of the Act using aviation security equipment publicly notified by the Minister of Land, Infrastructure and Transport pursuant to Article 27 of the Act (hereinafter referred to as "screening equipment, etc."). In such cases, security screening shall be performed using a metal-detector gate or circular screening equipment in cases of passengers, and X-ray screening equipment in cases of the cabin baggage of passengers, and when explosives or prohibited items are suspected, further security screening shall be performed using necessary screening equipment, etc. such as explosive detectors. <Amended on Mar. 23, 2013; Apr. 1, 2014; May 8, 2017> |
| (2) | Deleted. <Apr. 1, 2014> |
| (3) | In any of the following cases, any airport operator shall conduct a body search or screen passenger baggage by opening it with the consent of a passenger. In such cases, further security screening shall be performed using necessary screening equipment, etc. such as explosive trace detectors, in the case of subparagraph 5: <Amended on Apr. 1, 2014; May 8, 2017> |
| 1. | Where screening equipment or any similar equipment malfunctions; |
| 2. | Where screening equipment or any similar equipment issues alarm signals; |
| 3. | Where a passenger is suspected of carrying or concealing weapons or prohibited items; |
| 4. | Where it is impracticable to identify certain objects by screening using X-ray screening equipment; |
| 5. | Where a passenger carries a single personal item, the size of which cannot be screened using X-ray screening equipment. |
| (4) | Regarding items not allowed for a passenger to carry onto aircraft but deemed unharmful to aviation security, an airport operator may arrange for such items to be carried as hold baggage. <Amended on Apr. 1, 2014> |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 11 (Methods for Security Screening of Hold Baggage) |
| (1) | According to Article 15 of the Act, an aircraft operator shall request security screening by an airport operator only for hold baggage of passengers holding boarding passes. In such cases, before requesting security screening by an airport operator, an aircraft operator shall verify whether the relevant hold baggage belongs to passengers holding boarding passes or contains prohibited items. |
| (2) | An airport operator shall screen hold baggage referred to in paragraph (1) using X-ray screening equipment before loading it on the aircraft. <Newly Inserted on May 8, 2017> |
| (3) | In any of the following cases, an airport operator shall open the hold baggage and inspect its contents before loading it on the aircraft. In such cases, when explosives or prohibited items are suspected be contained therein or in the case of subparagraph 3-2, further security screening shall be performed using necessary screening equipment, etc., such as an explosive trace detector: <Amended on Apr. 1, 2014; May 8, 2017> |
| 1. | Where X-ray screening equipment malfunctions; |
| 2. | Where it is suspected that weapons or prohibited items are concealed; |
| 3. | Where it is impracticable to identify certain objects when screening using X-ray screening equipment; |
| 3-2. | In cases of single hold baggage, the size of which cannot be screened using X-ray screening equipment; |
| 4. | In special circumstances, such as increased threat to aviation security, other than those provided for in subparagraphs 1 through 3 and 3-2. |
| (4) | An airport operator shall ensure that hold baggage that has been screened is not mixed with other hold baggage not yet screened. <Amended on May 8, 2017> |
| (5) | An aircraft operator shall take measures for protecting hold baggage that has been screened until it is loaded on aircraft, and shall verify whether the hold baggage loaded on the aircraft belongs to a passenger on board, and if its owner has not boarded the aircraft, the aircraft operator shall not transport the relevant hold baggage: Provided, That where it is necessary to transport the hold baggage by using another aircraft due to any error in handling the transportation of the relevant hold baggage, the aircraft operator may load it on such other aircraft after taking a separate security measure. <Amended on May 8, 2017>v |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 12 (Methods for Security Screening of Cargo) |
| (1) | Article 11 (2) and (3) shall apply mutatis mutandis to security screening of cargo loaded on passenger aircraft to be performed by an aircraft operator pursuant to Article 15 of the Act. <Amended on May 8, 2017> |
| (2) | An aircraft operator shall screen cargo loaded on freight aircraft as follows: |
| 1. | Screening by opening the relevant cargo; |
| 2. | Screening using X-ray search equipment; |
| 3. | Screening using an explosive detector or explosive trace detector; |
| 4. | Screening using an explosive detection dog; |
| 5. | Screening using a pressure chamber. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 13 (Methods for Special Security Screening) |
| (1) | According to Article 15 of the Act, an airport operator may conduct security screening at a separate location outside the security screening area in cases of persons prescribed by the Minister of Land, Infrastructure and Transport, including people with disabilities wearing medical assistive devices, pregnant women, critically ill patients, etc. <Amended on Mar. 23, 2013> |
| (2) | In conducting security screening, no airport operator shall open diplomatic bags that meet all of the following requirements: |
| 1. | The diplomatic bags shall be transported with a person holding an official document verifying his or her status as a diplomatic courier and an official document indicating the number of diplomatic bags; |
| 2. | The diplomatic bags shall have on their outer surface a sign indicating that they are diplomatic bags and country marks. |
| (3) | According to Article 15 of the Act, regarding any of the following, an airport operator or aircraft operator may perform security screening by opening it, by verifying evidential documents, by using an explosive trace detector, etc.: <Amended on Mar. 23, 2013; Apr. 1, 2014; May 8, 2017; Mar. 9, 2021> |
| 1. | Medical supplies related to human tissues, such as bone marrow, blood, and hematopoietic stem cells; |
| 1-2. | Biological products, recombinant DNA drugs, cell culture technology-derived products, cell remedies, and biologics similar thereto; |
| 2. | A corpse’s ashes or remains; |
| 3. | Organs for transplantation; |
| 4-2. | Films for medical or scientific uses; |
| 5. | Items permitted by the Minister of Land, Infrastructure and Transport, other than those provided in subparagraphs 1, 1-2, 2 through 4, and 4-2, whose original characters are likely to be damaged or altered, if security screened with screening equipment, etc. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 14 (Requests by Chiefs of Competent National Police Agencies for Necessary Measures) |
According to the proviso of Article 15 (2) of the Act, where it is necessary to investigate any crime and to prevent any danger to the public, the chief of a competent national police agency may request that an airport operator or aircraft operator take any of the following necessary measures: Provided, That the chief of the competent national police shall send a written request, in cases of matters that require a separate budget for implementing them or matters relating to a plan for increasing the number of airport security screening officers: | 1. | Cooperation necessary for stopping and questioning a person subject to security screening, to search his or her body or articles, etc.; |
| 2. | Security screening by methods deemed necessary among the security screening methods prescribed in Articles 10 through 12; |
| 3. | Placing additional airport security screening officers to enhance security screening. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 15 (Exemption from Security Screening) |
| (1) | Any of the following persons (including carry-on items) may be exempt from security screening prescribed in Article 15 of the Act: <Amended on May 8, 2018> |
| 1. | Presidents (including president-elects and acting presidents) and heads of States who travel abroad on official duties, and their spouses; |
| 2. | Persons who are to be exempted from security screening according to international conventions, etc.; |
| 3. | Passengers and crew members who depart from a domestic airport, arrive at another domestic airport, and transfer to an international flight, also meeting all the following requirements: |
| (a) | They shall undergo security screening under Article 15 (1) of the Act at a departure domestic airport and board a domestic flight; |
| (b) | They shall not leave the zone where security screening has been performed before transferring to an international flight. |
| (2) | The diplomatic bags that meet all of the following requirements may be exempted from the security screening prescribed in Article 15 of the Act: <Amended on Mar. 23, 2013> |
| 1. | The relevant diplomatic bags shall meet all the requirements prescribed in the subparagraphs of Article 13 (2); |
| 2. | The Minister of Land, Infrastructure, Transport and Tourism shall verify a certificate issued by a diplomatic establishment of the relevant nation verifying that the relevant diplomatic bags contain no prohibited items, such as weapons and explosives that can be used to commit any act of unlawful interference. |
| (3) | The exemption from security screening prescribed in Article 15 of the Act may be approved when any hold baggage that meets all of the following requirements is to be transshipped: <Amended on Mar. 23, 2013; Jan. 5, 2021> |
| 1. | It shall undergo an appropriate level of security screening immediately prior to being loaded on aircraft at a departure airport; |
| 2. | It shall be protected from unauthorized outside contact until it arrives at a transit airport after being loaded at a departure airport; |
| 3. | To verify matters prescribed in subparagraphs 1 and 2, the Minister of Land, Infrastructure and Transport shall directly examine the status of security control at a departure airport and conclude an agreement with the relevant nation. |
| (4) | No transportation business entity shall transport diplomatic bags exempted from security screening pursuant to paragraph (2), if a diplomatic courier has not boarded aircraft. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 15-2 (Kinds of Identification Certificates to Verify Whether Passenger's Identity Matches One Stated in Identification Certificate) |
| i(1) | "Identification certificate prescribed by Presidential Decree, such as a resident registration certificate or passport" in Article 15-2 (1) of the Act means the following certificates (including certificates issued in an electronic form upon certification by the government; hereafter in this Article and Article 15-3, the same shall apply) or documents: |
| 1. | The following certificates or documents: |
| 2. | A certificate or document prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which contains a person's photo, birth date, etc. thereby enabling verification of identity; |
| 3. | Any certificate or document prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which contains a person's name, birth date, etc. thereby enabling verification of the identity of a person who boards an aircraft, in cases where the person is under 19 years of age. |
| (2) | Where an effective period or a period of renewal is specified in a certificate or document under paragraph (1) (hereinafter referred to as "identification certificate"), the effective period or the period of renewal shall not have expired. |
[This Article Newly Inserted on Jan. 25, 2022]
[Previous Article 15-2 moved to Article 15-4 <Jan. 25, 2022>]
| Article 15-3 (Methods and Procedures for Verifying Identity Match) |
| (1) | Where an airport operator and an aircraft operator verify an identity match of a person who is about to board an aircraft under Article 15-2 (2) of the Act, they shall do so according to the methods classified as follows: |
| 1. | Airport operators: Comparison of boarding passes to identification certificates with respect to persons who enter security restricted areas to board an aircraft; |
| 2. | Aircraft operators: The following methods used by each of the following persons: |
| (a) | A person who issues a boarding pass: Checking the identification certificate or comparing the information entered to reserve the boarding pass to the identification certificate; |
| (b) | A person who entrusts baggage or boards an international flight: Comparing the boarding pass to the identification certificate. |
| (2) | Where it is impracticable to verify an identity match by a photograph attached to the identification certificate or no photograph is attached to an identification certificate when verifying the identity match by the methods prescribed in paragraph (1), an airport operator and an aircraft operator may additionally verify the identity match by asking questions, etc. to a person who is about to board the aircraft. |
| (3) | Notwithstanding paragraph (2), an airport operator and an aircraft operator may verify an identity match of a person under 14 years of age by the methods prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | "Cases prescribed by Presidential Decree, such as where an identity match is verified with biometric information" in the proviso of Article 15-2 (2) of the Act means the following: |
| 1. | Where an identity match is verified with biometric information; |
| 2. | Where an identity match is verified by any information and communications device. |
[This Article Newly Inserted on Jan. 25, 2022]
| Article 15-4 (Methods for Security Screening of Persons Other than Passengers) |
| (1) | Article 10 (1) and (3) shall apply mutatis mutandis, where any airport operator or cargo terminal operator screens any person who enters a security restricted area pursuant to Article 16 (1) or (2) of the Act. |
| (2) | Article 11 (2) through (4) shall apply mutatis mutandis, where any airport operator or cargo terminal operator screens any item which enters a security restricted area pursuant to Article 16 (1) or (2) of the Act. |
[This Article Newly Inserted on May 8, 2017]
[Moved from Article 15-2 <Jan. 25, 2022>]
| Article 16 (Methods for Security Screening of Transit Passengers or Transfer Passengers) |
| (2) | Deleted. <May 8, 2018> |
[This Article Wholly Amended on Sep. 20, 2010]
[Title Amended on May 8, 2018]
| Article 17 (Measures concerning Persons Who Have Not Completed Security Screening) |
| (1) | An airport operator and an aircraft operator shall ensure that neither passengers nor their cabin baggage, hold baggage or cargo that have not completed security screening do not enter any area where security screening has been completed. <Amended on Apr. 1, 2014> |
| (2) | An aircraft operator shall ensure that no transit passenger fails to board the designated aircraft and leaves the transit area without permission. |
[This Article Wholly Amended on Sep. 20, 2010]
[Title Amended on Apr. 1, 2014]
| Article 18 (Prohibition against Other Duties) |
No airport operator, aircraft operator or enterprise entrusted with security screening prescribed in Article 15 (3) of the Act (including cases applied mutatis mutandis under Articles 16 and 17 (5) of the Act) shall require airport security screening officers to perform other duties when they are performing duties for security screening. <Amended on Apr. 1, 2014> [This Article Wholly Amended on Sep. 20, 2010]
| Article 18-2 (Performance of Specific Duties) |
"Specific duties prescribed by Presidential Decree, such as guarding and escorting criminals" in Article 21 (2) of the Act means the following duties: <Amended on Apr. 1, 2014; Jan. 5, 2021> | 3. | Security service for guarding important persons of a foreign government conducted by the relevant foreign government; |
| 5. | Duties of in-flight security officers to prevent acts of unlawful interference on aircraft. |
[This Article Newly Inserted on Sep. 20, 2010]
| Article 19 (Carrying Weapons onto Aircraft) |
"Weapons prescribed by Presidential Decree" in Article 21 (2) of the Act means the following weapons: <Amended on Apr. 1, 2014; Jan. 6, 2016> | 4. | Weapons that are allowed to be carried in accordance with international conventions or agreements with foreign governments. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 19-2 (Entrustment of Certification) |
"Institution prescribed by Presidential Decree" in Article 27-3 of the Act means the Korea Institute of Aviation Safety Technology established under the Korea Institute of Aviation Safety Technology Act. [This Article Newly Inserted on May 8, 2018]
[Previous Article 19-2 moved to Article 19-3 <May 8, 2018>]
| Article 19-3 (Conducting Joint Field Inspections) |
| (1) | In the following cases, the Minister of Land, Infrastructure and Transport may conduct a field inspection jointly with relevant administrative agencies pursuant to Article 33 (2) of the Act: <Amended on Mar. 23, 2013; Apr. 1, 2014> |
| 1. | An international conference joined by national and international dignitaries, such as the heads of States and the heads of international organizations; |
| 2. | An international event, such as Olympic Games, Asian Games and international exhibition; |
| 3. | Cases where specific terrorist intelligence or security threat information is obtained from domestic and international intelligence agencies; |
| 4. | Cases deemed necessary by the Minister of Land, Infrastructure and Transport to maintain security at airport facilities and on aircraft, other than the cases provided for in subparagraphs 1 through 3. |
| (2) | Any administrative agency that intends to conduct a joint field inspection pursuant to paragraph (1) shall, in advance, consult with the Minister of Land, Infrastructure and Transport with regard to its necessity, inspection items, etc.: Provided, That this shall not apply to matters of great urgency. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Sep. 20, 2010]
[Moved from Article 19-2; previous Article 19-3 moved to Article 19-4 <May 8, 2018>]
| Article 19-4 (Entrustment of Duties concerning Voluntary Reports on Aviation Security) |
The Minister of Land, Infrastructure and Transport shall entrust duties related to receipt, analysis, and dissemination of voluntary reports on aviation security to the Korea Transportation Safety Authority established under the Korea Transportation Safety Authority Act, pursuant to the former part of Article 33-2 (4) of the Act. <Amended on Feb. 8, 2019> [This Article Newly Inserted on Apr. 1, 2014]
[Moved from Article 19-3 <May 8, 2018>]
| Article 20 (Delegation of Authority) |
The Minister of Land, Infrastructure and Transport shall delegate the following authority to the directors of local aviation offices, pursuant to Article 38 (1) of the Act: <Amended on Mar. 23, 2013; Apr. 1, 2014; Oct. 29, 2015> | 1. | Approving self security program formulated by small-scale aircraft operators or foreign international aircraft operators pursuant to Article 10 (2) of the Act, among the aircraft operators defined in subparagraph 3 of Article 2 of the Act, or approving any amendment thereto; |
| 3. | Approving designation of security restricted areas and temporary security restricted areas at airport facilities prescribed in Article 12 of the Act and approving revocation of such designation; |
| 6. | Approving self contingency plans prescribed in the main clause of Article 31 (3) of the Act, or approving any amendments thereto (limited to cases where self contingency plans, or any amendments thereto, are to be approved separately from self security program); |
| 7. | Inspecting aviation security by aviation security supervisors designated under Article 33 (1) of the Act (limited to aviation security supervisors under the jurisdiction of the director of the relevant local aviation office); |
| 8. | Requests to submit documents and materials prescribed in Article 33 (3) of the Act (limited to cases related to performing inspection duties referred to in subparagraph 7); |
| 9. | Order to formulate corrective measures or other security measures prescribed in Article 33 (4) of the Act (limited to cases related to performing inspection duties referred to in subparagraph 7); |
| 11. | Imposing and collecting administrative fines provided for in Article 51 (4) of the Act (limited to matters related to the duties delegated to the directors of local aviation offices). |
[This Article Newly Inserted on Sep. 20, 2010]
| Article 20-2 Deleted. <Mar. 3, 2020> |
| Article 21 (Criteria for Imposing Administrative Fines) |
[This Article Newly Inserted on Apr. 1, 2014]
ADDENDA <Presidential Decree No. 17790, Nov. 29, 2002>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Formulating Implementation Plans) Any airport operator, etc. shall submit an implementation plan formulated for the first time after this Decree enters into force, to the Minister of Construction and Transportation within three months from the date of receiving notice on details of a master plan from the Minister of Construction and Transportation. |
ADDENDUM <Presidential Decree No. 18349, Mar. 29, 2004>
This Decree shall enter into force on April 1, 2004.
ADDENDUM <Presidential Decree No. 18938, Jul. 5, 2005>
This Decree shall enter into force one month after the date of its promulgation.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 19545, Jun. 22, 2006>
This Decree shall enter into force on June 25, 2006.
ADDENDA <Presidential Decree No. 19563, Jun. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20778, May 6, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That ... <omitted.> ... Article 3 of the Addenda shall enter into force on June 22, 2008. Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21473, May 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22400, Sep. 20, 2010>
This Decree shall enter into force on September 23, 2010.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25291, Apr. 1, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 6, 2014.
Article 2 (Applicability to Methods for Security Screening of Hold Baggage)
The amended provisions of Articles 11 (2) and 13 (3) shall apply to security screening performed after this Decree enters into force. Article 3 (Applicability to Scope of Weapons Permitted to Be Carried onto Aircraft)
The amended provisions of Article 19 shall apply where weapons are carried onto aircraft after this Decree enters into force. Article 4 (Transitional Measures concerning Frequency of Imposing Administrative Fines)
Dispositions imposing administrative fines issued for violations committed before this Decree enters into force shall not be counted in determining the number of violations pursuant to the amended provisions of the attached Table.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26604, Oct. 29, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Delegation of Authority)
Notwithstanding the amended provisions of subparagraphs 3-3, 3-4, 5-4, and 11 of Article 20-3, when the procedures for performing any of the following duties are pending, a person with the relevant authority prescribed in the previous provisions shall perform the relevant duties: | 4. | Imposing and collecting administrative fines pursuant to Article 51 (4) of the Act (limited to matters related to the duties delegated to the directors of local aviation offices). |
ADDENDA <Presidential Decree No. 26858, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 7, 2016.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 27224, Jun. 14, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 28034, May 8, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees to be amended pursuant to Article 8 of the Addenda, which were promulgated before this Decree enters into force but the dates they enter into force have yet to arrive, shall enter into force on the date the relevant Presidential Decree enters into force. Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28876, May 8, 2018>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 19-2 shall enter into force on October 25, 2018.
ADDENDA <Presidential Decree No. 29256, Oct. 23, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 25, 2018.
Article 2 (Transitional Measures concerning Imposition of Administrative Fines)
Notwithstanding the amended provisions of subparagraph 2 (g) of the attached Table, the application of the standards for imposition of administrative fines for any violation committed before this Decree enters into force, shall be governed by the previous provisions.
ADDENDA <Presidential Decree No. 29518, Feb. 8, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 30106, Dec. 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. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31531, Mar. 9, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Special Security Screening)
The amended provisions of Article 13 (3) 1-2 shall also apply to biological preparation for which special security screening procedures are ongoing as at the time this Decree enters into force.
ADDENDUM <Presidential Decree No. 32369, Jan. 25, 2022>
This Decree shall enter into force on January 28, 2022.
ADDENDUM <Presidential Decree No. 32938, Oct. 4, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Commissioned Members of Subcommittees)
The term of office of a member who is commissioned pursuant to the previous Article 2 (2) 2 and is in his or her term of office before this Decree enters into force shall be deemed to have expired on the date this Decree enters into force.