ENFORCEMENT DECREE OF THE AIRPORT NOISE PREVENTION AND AREAS ASSISTANCE ACT
Presidential Decree No. 22387, Sep. 17, 2010
Amended by Presidential Decree No. 23356, Dec. 8, 2011
Presidential Decree No. 23718, Apr. 10, 2012
Presidential Decree No. 24443, Mar. 23, 2013
Presidential Decree No. 25104, Jan. 17, 2014
Presidential Decree No. 27225, Jun. 14, 2016
Presidential Decree No. 27471, Aug. 31, 2016
Presidential Decree No. 27472, Aug. 31, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 27971, Mar. 29, 2017
Presidential Decree No. 27972, Mar. 29, 2017
Presidential Decree No. 28195, Jul. 17, 2017
Presidential Decree No. 28507, Dec. 26, 2017
Presidential Decree No. 30106, Oct. 8, 2019
Presidential Decree No. 31695, May 18, 2021
Presidential Decree No. 33135, Dec. 27, 2022
Presidential Decree No. 34199, Feb. 6, 2024
Article 2 (Designation and Public Notice of Areas Requiring Countermeasures against Noise) |
(1) | The estimated noise levels by area in an area requiring countermeasures against noise under Article 5 (1) of the Airport Noise Prevention and Areas Assistance Act (hereinafter referred to as "the Act") shall be classified as follows: Provided, That a Class 3 area may be subdivided by district, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended on Mar. 23, 2013; Nov. 16, 2021> |
1. | Class 1 area: A day-evening-night noise level (Lden) of at least 79 dB(A); |
2. | Class 2 area: A day-evening-night noise level (Lden) of at least 75 dB(A) but less than 79 dB(A); |
3. | Class 3 area: A day-evening-night noise level (Lden) of at least 61 dB(A) but less than 75 dB(A). |
(2) | Where the Minister of Land, Infrastructure and Transport designates and publicly notifies an area requiring countermeasures against noise pursuant to Article 5 (1) of the Act, the whole or part of the area adjacent to the area requiring countermeasures against noise under the criteria under paragraph (1) and within the boundary according to the classification of the following subparagraphs may be included in the area requiring countermeasures against noise and be designated and publicly notified: <Newly Inserted on May 18, 2021> |
1. | Urban area: Boundaries of each residential facility under Article 8 (1) 3 (b) of the Act; |
2. | Non-urban area: Boundaries in accordance with the lifestyle of the villages and boundaries of geographical features such as rivers and roads. |
(3) | Details regarding the criteria for designating areas requiring countermeasures against noise under paragraphs (1) and (2) shall be determined by the Minister of Land, Infrastructure and Transport. <Newly Inserted on May 18, 2021> |
(4) | Where the Minister of Land, Infrastructure and Transport intends to designate, or change the designation of, an area requiring countermeasures against noise by area pursuant to the criteria prescribed in paragraphs (1) through (3), he or she shall consult with the head of a relevant administrative agency and publicly notify the following matters in the Official Gazette: <Amended on Mar. 23, 2013; May 18, 2021> |
1. | Location and surface area of each area; |
2. | Topographic map showing cadastre of each area. |
(5) | If deemed necessary, the Minister of Land, Infrastructure and Transport may seek advice from an advisory committee comprised of persons with extensive knowledge of and experience in aircraft noise or in the field of the national land or city before consulting with the heads of relevant administrative agencies under paragraph (4). <Newly Inserted on May 18, 2021> |
(6) | Deleted. <Nov. 16, 2021> |
(7) | When the Minister of Land, Infrastructure and Transport designates and publicly notifies an area requiring countermeasures against noise pursuant to paragraph (4), he or she shall send a drawing, etc., of the relevant region to the relevant a Special Self-Governing Province Governor or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter referred to as "head of a Si/Gun/ Gu") and have him or her disclose it to the general public for inspection for at least a month. <Amended on Mar. 23, 2013; May 18, 2021> |
(8) | When the Special Metropolitan City Mayor, a Metropolitan City Mayor, the head of a Si/Gun, and a Special Self-Governing Province Governor formulates an urban or Gun master plan pursuant to Article 18 of the National Land Planning and Utilization Act or formulates an urban or Gun management plan pursuant to Article 24 of the same Act, he or she shall reflect the matters designated and publicly notified in formulating such plan pursuant to paragraph (4). <Amended on Apr. 10, 2012; May 18, 2021> |
(9) | When the Minister of Land, Infrastructure and Transport investigates noise levels pursuant to Article 5 (2) of the Act, he or she may involve not more than two outside specialists recommended by the relevant head of a Si/Gun/Gu in the investigation, in order to evaluate whether the investigation of noise levels is properly conducted according to the relevant provisions. In such cases, the head of a Si/Gun/Gu shall recommend outside specialists within 30 days from the date the Minister of Land, Infrastructure and Transport requests the recommendation. <Amended on Jun. 14, 2016; May 18, 2021> |
(10) | Where the Minister of Land, Infrastructure and Transport investigates noise levels pursuant to Article 5 (2) of the Act, he or she shall follow the procedure for hearing the opinions of residents on investigation details, noise measuring points, investigation results, etc., in order to ensure the objectivity of such investigation results. <Newly Inserted on Dec. 26, 2017; May 18, 2021> |
(11) | The Minister of Land, Infrastructure and Transport shall investigate noise levels every five years pursuant to Article 5 (2) of the Act after designating and publicly notifying areas requiring countermeasures against noise under paragraph (4) and shall examine the appropriateness of such designation and public notice in consideration of the results of the investigation and other relevant matters. <Amended on Nov. 16, 2021> |
(12) | Notwithstanding paragraph (11), where deemed necessary in consideration of a sudden change in the demand for air transportation, a change in the environment for airport operations, and other relevant matters, the Minister of Land, Infrastructure and Transport may investigate noise levels even before the period of an investigation of noise levels and may examine the appropriateness of the designation and public notice of the existing areas requiring countermeasures against noise. In such cases, if the results of such examination suggest that any change in the existing designation and public notice is unnecessary, an investigation of noise levels shall be conducted every five years based on the date the examination of appropriateness is completed. <Newly Inserted on Nov. 16, 2021> |
Article 2-2 (Methods of Collecting Opinions of Residents) |
When the Minister of Land, Infrastructure and Transport collects the opinions pursuant to Article 7 (3) of the Act, he or she shall conduct a survey of or hold a public hearing with residents in an area requiring countermeasures against noise, and adjacent areas requiring countermeasures against noise referred to in Article 18 (2) of the Act (hereinafter referred to as "adjacent areas requiring countermeasures against noise"). [This Article Newly Inserted on Jun. 14, 2016]
Article 3 (Formulation and Implementation of Noise Countermeasure Project Plans) |
(1) | The combined notice pursuant to Article 8 (1) of the Act shall satisfy the following criteria: <Amended on Jun. 14, 2016; Jul. 17, 2017; May 18, 2021> |
1. | Any airport facilities manager (hereinafter referred to as "facilities manager") or airport development project implementer (hereinafter referred to as "project implementer") shall allocate airport noise countermeasure project costs for each airport, taking into account the scale and priority of each airport noise countermeasure project and priorities among those projects, and formulate a noise countermeasure project plan according thereto; |
2. | Soundproof facilities and air conditioners shall be installed sequentially according to the noise levels: Provided, That soundproof facilities and air conditioners for schools may be installed concurrently regardless of noise levels; |
3. | The installment of soundproof facilities for each airport shall be prioritized over the installment of air conditioners, in principle; |
4. | Public broadcasting license fees shall be annually subsidized for persons who have an obligation to register a television receiver and pay receiving fees for the facilities under Article 8 (2) of the Act pursuant to Article 64 of the Broadcasting Act; |
5. | Electricity costs to run air conditioners installed in facilities under Article 8 (1) 3 of the Act in which residents live shall be subsidized for only four months. In such cases, electricity costs to run air conditioners installed in facilities for residential purposes under Article 8 (1) 3 (b) of the Act shall be subsidized for each household. |
(2) | The standards for installing soundproof facilities and air conditioners and the scope of subsidies for electricity costs under paragraph (1), and other detailed standards for formulation and implementation of a noise countermeasure project plan shall be prescribed by Ordinance of the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
(3) | "Modification of any minor matter prescribed by Presidential Decree" in the proviso of Article 8 (4) of the Act means changes between the particular businesses specified in Article 8 (1) 1, 4, 6, and 7 of the Act, without any changes to the total amount of the costs for noise countermeasure projects under paragraph (1) 1. <Amended on Jun. 14, 2016> |
(4) | When any facilities manager or project implementer requests data regarding the formulation or implementation of the noise countermeasure projects pursuant to Article 8 of the Act, the head of the relevant Si/Gun/Gu shall provide necessary data to him or her. |
Article 4 (Notification of Violation of Noise Standards) |
When any facilities manager detects any violation of noise standards at each measuring point for each aircraft under Article 9 (2) of the Act, he or she shall notify the Minister of Land, Infrastructure and Transport of such violation in writing, stating the following, by no later than 15th of the next month following the month in which he or she verifies the violation: <Amended on Mar. 23, 2013> 1. | A person who violated noise limits; |
2. | A date and time of the violation, the measuring point, the reading, and the noise limits at the measuring point. |
Article 5 (Criteria for Compensating for Loss and Methods of Filing Claims) |
(1) | The subject matter of a claim for compensation for loss made under Article 11 (1) and (2) of the Act shall be the buildings, existing trees, and fixtures on the land as provided for in the said paragraphs (hereinafter referred to as "buildings, etc. subject to compensation for loss"). <Amended on Jun. 14, 2016> |
(2) | Any person who intends to claim compensation for loss pursuant to Article 11 (1) and (2) of the Act shall submit an application for compensation for loss prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the facilities manager or project implementer, along with data proving that buildings, etc. are subject to compensation for loss. <Amended on Mar. 23, 2013; Jun. 14, 2016> |
(3) | Any facilities manager or project implementer, upon receipt of a claim for compensation for loss under paragraph (2), shall notify the claimant as to whether the subject matter of which he or she receives a claim for compensation is subject to compensation and of the appraisal plan. |
(4) | An amount that serves as the basis for calculating compensation for loss under Article 11 (3) of the Act shall be the arithmetic mean of the amounts appraised by at least two appraisal corporations, etc. under the Act on Appraisal and Certified Appraisers (hereinafter referred to as "appraisal corporations, etc."). <Amended on Jun. 14, 2016; Aug. 31, 2016; Jan. 21, 2022> |
(5) | Any facilities manager or project implementer may select one additional appraisal corporation, etc. recommended by the claimant for compensation for loss, in addition to the appraisal corporation, etc. under paragraph (4). In such cases, the claimant for compensation for loss shall request the selection of one appraisal corporation, etc. within 30 days from the date he or she is notified of the appraisal plan pursuant to paragraph (3). <Amended on Jun. 14, 2016; Jan. 21, 2022> |
Article 6 (Claims for Purchase of Land) |
(1) | Anyone who intends to claim purchase of land pursuant to Article 12 (1) of the Act shall submit an application for purchase of land prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the facilities manager or project implementer with the following documents attached thereto: <Amended on Mar. 23, 2013; Jan. 17, 2014> |
1. | A copy of a land register or a comprehensive certificate of real estate, a certificate of land registration contents; |
2. | A certificate of a land utilization plan or a comprehensive certificate of real estate; |
3. | Documents proving the grounds for claiming purchase of land. |
(2) | Any facilities manager or project implementer in receipt of the claims for purchase pursuant to paragraph (1), he or she shall notify the claimant for purchase as to whether land of which he or she receives a claim for purchase is subject to purchase and the estimated purchase price and plan of appraisal under Article 13 (1) of the Act. In such cases, the estimated purchase price shall be the officially announced individual price at the time of filing claims for purchase. |
(3) | A facilities manager or project implementer shall determine the purchase price pursuant to Article 13 (3) of the Act by requesting an appraisal corporation, etc. for an appraisal of the subject land, and notify the claimant for purchase thereof. <Amended on Jan. 21, 2022> |
Article 7 (Timing of and Methods for Calculating Purchase Prices) |
(1) | The purchase price under Article 13 (3) of the Act shall be the arithmetic means of the prices appraised, based on the officially announced price of reference land at the time of filing claims for purchase pursuant to Article 3 of the Act on the Public Announcement of Real Estate Values by at least two appraisal corporations, etc., during the period from the base date of public notice to the day of payment to the claimant for purchase, considering rates of fluctuation in nation-wide land prices, the inflation rate of producer prices, etc. <Amended on Aug. 31, 2016; Jan. 21, 2022> |
(2) | To calculate the purchase price, any facilities manager or project implementer may select one additional appraisal corporation, etc. recommended by the claimant for purchase, in addition to the appraisal corporation, etc. under paragraph (1). In such cases, the claimant for purchase shall request the selection of one appraisal corporation, etc. within 30 days from the date he or she is notified of the plan of appraisal pursuant to Article 6 (2). <Amended on Jan. 21, 2022> |
Article 8 (Notification of Payment of Appraisal Expenses) |
(1) | "A rate prescribed by Presidential Decree" in the proviso of Article 14 (2) of the Act means 30/100. |
(2) | When the claimant for purchase requested the appraisal pursuant to the main sentence of Article 14 (2) of the Act and then notified the retraction of his or her claim for purchase without any reasons falling under the proviso of the same Article, the facilities manager or project implementer shall have the claimant for purchase bear the whole expenses incurred in conducting the appraisal of the relevant land. |
(3) | The facilities manager or project implementer shall issue the notice of payment of appraisal expenses to the claimant for purchase, within seven days from the date he or she is notified of the retraction of claim for purchase pursuant to paragraph (2), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
(4) | Each claimant for purchase notified to pay the appraisal expense pursuant to paragraph (3) shall pay the notified appraisal expenses to the facilities manager or project implementer within one month from the date he or she is notified thereof. |
Article 9 (Classification of Aircraft Noise Levels) |
(1) | Aircraft noise levels under Article 16 of the Act shall be classified from Level 1 to Level 5. <Amended on Dec. 26, 2017> |
(2) | The criteria for classifying aircraft noise levels under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Dec. 26, 2017> |
Article 10 (Standards for Imposing Charges and Procedures for Collecting them) |
(1) | The noise charges prescribed in Article 17 (1) of the Act (hereinafter referred to as "noise charge") shall be imposed according to the aircraft noise levels prescribed in Article 9 (1) whenever an aircraft lands at an airport within the area requiring countermeasures against noise designated and publicly notified under Article 2. |
(2) | The Minister of Land, Infrastructure and Transport shall impose upon and collect from aircraft owners, etc. (referring to owners, etc. referred to in Article 7 of the Aviation Safety Act; hereinafter the same shall apply in this Article) the following noise charges, according to the aircraft noise levels prescribed in Article 9 (1): <Amended on Dec. 26, 2017> |
1. | Aircraft of Level 1: an amount equivalent to 25/100 of the landing charges (referring to landing charges among the usage charges pursuant to Article 32 of the Airport Facilities Act and value added tax is excluded; hereinafter the same shall apply in this Article) of the relevant aircraft; |
2. | Aircraft of Level 2: an amount equivalent to 20/100 of the landing charges of the relevant aircraft; |
3. | Aircraft of Level 3: an amount equivalent to 17/100 of the landing charges of the relevant aircraft; |
4. | Aircraft of Level 4: an amount equivalent to 14/100 of the landing charges of the relevant aircraft; |
5. | Aircraft of Level 5: an amount equivalent to 10/100 of the landing charges of the relevant aircraft. |
(3) | A deadline for payment of noise charges, standards for applying exchange rates, etc., shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
(4) | The middle of the night prescribed in Article 17 (2) of the Act shall be from 11 p.m. of the day until 6 a.m. of the next day. |
(5) | The owners, etc. of aircraft notified of the payment of a noise charge under Article 17 (1) and (2) of the Act may apply for the adjustment of the noise charge within 30 days from the date he or she is notified of such payment for any of the following reasons: In such cases, the Minister of Land, Infrastructure and Transport shall, within 30 days upon receipt of the application for adjustment of noise charge, inform the applicant of the results thereof: <Amended on Mar. 23, 2013> |
1. | Where the noise charge was not imposed or collected in accordance with the standards for imposing noise charges under paragraph (2); |
2. | Where navigation in the middle of the night pursuant to paragraph (4) or the noise standards under Article 9 (2) of the Act was not violated. |
(6) | In cases falling under paragraph (5), the Minister of Land, Infrastructure and Transport shall recalculate and adjust the amount imposed, and where there is a difference between the amount paid and the amount adjusted, he or she shall reimpose the difference or refund the difference. <Amended on Mar. 23, 2013> |
(7) | When the Minister of Land, Infrastructure and Transport adjust the noise charge and reimpose the difference or refund the difference pursuant to paragraph (6), he or she shall inform the amount, method, ground for payment or refund thereof, and other necessary matters in writing. <Amended on Mar. 23, 2013> |
(8) | "Interest rate prescribed by Presidential Decree" in Article 17 (5) of the Act means the rate of 22/100,000 of the noise charges in arrears per day of delinquency. <Newly Inserted on Oct. 18, 2023> |
Article 11 (Formulation of Resident Support Projects Plans) |
(1) | The resident support project plan prescribed in Article 18 (1) of the Act shall include following matters: |
1. | The purpose and outline of the projects; |
2. | The contents of residents welfare projects; |
3. | The contents of projects for increasing income; |
4. | The support plan for each project; |
5. | The effect of the projects. |
(2) | "Areas ... within a certain distance prescribed by Presidential Decree" in Article 18 (2) of the Act means areas with a day-evening-night noise level (Lden) of at least 57 dB(A) but less than 61 dB(A). <Amended on Nov. 16, 2021> |
(3) | "Projects prescribed by Presidential Decree, such as public offering projects" in the proviso to Article 18 (5) of the Act means projects implemented through public offering (excluding projects for installation of facilities) among resident support projects under Article 19 (1) of the Act. <Newly Inserted on Feb. 6, 2024> |
(4) | "Modification of minor matters prescribed by Presidential Decree" in the proviso of Article 18 (6) of the Act means the modification across particular businesses in Article 19 (1) 1 through 3 of the Act, without any changes to the total amount of the expenses associated with resident support projects approved under Article 18 (6) of the Act. <Amended on May 18, 2021; Feb. 6, 2024> |
Article 12 (Types of Resident Support Projects) |
(1) | The types of resident support projects, rates of subsidization of those projects prescribed in Article 19 (1) 1 and 2 of the Act, shall be prescribed in attached Table 1. <Amended on Jul. 17, 2017> |
(2) | "Criteria prescribed by Presidential Decree" in Article 19 (1) 3 of the Act means as follows: <Newly Inserted on Jul. 17, 2017> |
1. | Educational projects for residents such as subsidization of school expenses and scholarship, support to purchase educational equipment and books, support for school vehicles, establishment of dormitories and commemorate centers, or support of after-school programs and programs during vacation for low-income vulnerable class; |
2. | Projects for establishing common use facilities to improve local residents’ welfare such as projects for establishing public parking lots, small-scale parks, crime prevention facilities, street lamps, or customer centers handling complaints against noise at each airport; |
3. | Projects for improving local environment such as projects for establishing wastewater processing facilities, purifying pollutants, establishing joint renewable energy facilities, or improving village living environment (renovation of fences, etc.); |
4. | Projects for increasing local residents’ income such as support for social enterprises or support for development of local specialized goods in which residents participate and local cultural projects. |
(3) | The rate of subsidization of projects concerning support for residents’ projects determined by Ordinance of the local government under Article 19 (1) 3 of the Act and paragraph (2) of this Article shall be 75/100. <Newly Inserted on Jul. 17, 2017> |
(4) | The project costs prescribed in the main clause of Article 19 (2) of the Act shall include the costs of auxiliary equipment and apparatus, incurred in the process of establishing facilities prescribed in attached Table 1 and based on criteria referred to in subparagraphs of paragraph (2), but the cost of land therefor shall be excluded. <Amended on Jun. 14, 2016; Jul. 17, 2017; Feb. 6, 2024> |
(5) | Anyone who operates facilities, etc. established through a resident support project shall take measures necessary for the management, such as maintenance, of the relevant facilities. <Amended on Jul. 17, 2017> |
Article 13 (Development Projects Implementers in Noise Damaged Areas) |
(1) | "A public institution prescribed by Presidential Decree" in Article 21 (1) 2 of the Act means the following public institutions: |
2. | The Incheon International Airport Corporation under the Incheon International Airport Corporation Act; |
8. | The Jeju Free International City Development Center under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (only referring to where a development project is carried out in Jeju Special Self-Governing Province). |
Article 14 (Formation and Operation of Committee on Countermeasures against Airport Noise) |
(1) | The committee on countermeasures against airport noise established under Article 22 (1) of the Act (hereinafter referred to as "the committee on countermeasures") shall consist of not more than 25 members, including one chairperson and one vice-chairperson. <Amended on Jun. 14, 2016; May 18, 2021> |
(2) | The chairperson shall be a facilities manager or a project implementer, and the vice-chairperson shall be nominated by the chairperson from among the members of the committee. |
(3) | The members of the committee shall be appointed by the chairperson from among the following persons, taking the gender into consideration: <Amended on Jun. 14, 2016; May 18, 2021> |
1. | Public officials of the Regional Office of Aviation; |
2. | Public officials of the local government which has jurisdiction over the area designated and publicly notified as an area requiring countermeasures against noise; |
3. | Residents of an area requiring countermeasures against noise recommended by the local government which has jurisdiction over the area designated and publicly notified as an area requiring countermeasures against noise; |
3-2 Residents of adjacent areas requiring countermeasures against noise who are recommended by the local governments which have jurisdiction over the adjacent areas requiring countermeasures against noise;
4. | Persons with much knowledge of and experience in airport noise, other than those prescribed in subparagraphs 1 through 3. |
(4) | The committee on countermeasures shall have one executive secretary who handles committee affairs, and the executive secretary shall be determined by the chairperson from among employees working under the facilities manager or project implementer. <Amended on Jun. 14, 2016> |
(5) | Each member commissioned under paragraph (3) 3 and 4 shall serve for a term of two years and may serve only one consecutive term. |
(6) | Allowances and travel expenses may be paid to members who attend the meetings of the committee on countermeasures, within budgetary limits: Provided, That the foregoing shall not apply where any member who is a public official attends such meetings in direct connection with the business in his or her jurisdiction. <Amended on Jun. 14, 2016> |
(7) | Detailed matters necessary for the formation and operation of the committee on countermeasures shall be determined by the chairperson after resolution of the committee. <Amended on Jun. 14, 2016> |
Article 14-2 (Dismissal of Members) |
The chairperson of the committee on countermeasures against noise may decommission a member provided for in Article 14 (3) in any of the following cases: 1. | Where he or she becomes unable to perform his or her duties due to a mental disorder; |
2. | Where he or she commits any misconduct in connection with his or her duties; |
3. | Where he or she is deemed disqualified as a member due to neglect of duties, injury to dignity, or any other reason; |
4. | Where he or she voluntarily confesses that it is difficult for him to perform his or her duties. |
[This Article Newly Inserted on Jun. 14, 2016]
Article 15 (Appropriation of Funds) |
"Matters prescribed by Presidential Decree" in Article 23 (2) 3 of the Act means the following: <Amended on Mar. 23, 2013; Jun. 14, 2016> 1. | Investigations, research, public relations, and education for the implementation of airport noise countermeasure projects and resident support projects; |
2. | Operation of automatic noise measurement networks installed under Article 10 of the Act and of the committee on countermeasures; |
3. | Matters deemed necessary by the Minister of Land, Infrastructure and Transport, for preventing noise and improving welfare of residents, other than those prescribed in subparagraphs 1 and 2. |
Article 16 (Exemption from Various Charges) |
"Facilities prescribed by Presidential Decree, such as facilities for common use, public use, etc.," in Article 25 of the Act means facilities for common use or public use installed through implementation of the resident support projects under the main clause of Article 18 (5) of the Act. <Amended on Feb. 6, 2024>
Article 16-2 (Preferential Treatment for Local Enterprises) |
(1) | "Contract for construction works, commodities, services, etc. prescribed by Presidential Decree" in Article 26-2 of the Act means the following: <Amended on Feb. 6, 2024> |
1. | Contracts for the following: |
2. | Contracts for manufacturing and purchasing equipment and materials, machinery, office devices, computer systems, etc. to implement the works specified in the items of subparagraph 1; |
3. | Contracts for services for the following: |
(2) | Where a facilities manager or project implementer intends to give preferential treatment under Article 26-2 of the Act, he or she shall determine standards for preferential treatment in consideration of the characteristics of a contract and other relevant matters following consultation with the Minister of Economy and Finance. |
(3) | Where a facilities manager or project implementer determines standards for preferential treatment under paragraph (2), he or she shall post the details of such standards on the website. |
[This Article Newly Inserted on Nov. 16, 2021]
Article 17 (Delegation of Authority) |
The Minister of Land, Infrastructure and Transport shall delegate the following authority to the head of each Regional Office of Aviation pursuant to Article 28 of the Act: <Amended on Mar. 23, 2013; Jun. 14, 2016; Dec. 26, 2017; May 18, 2021; Nov. 16, 2021> 1. | Designation and public notice of areas requiring countermeasures against noise under Article 5 (1) of the Act; |
1-2. | Investigation of noise levels conducted under Article 5 (2) of the Act; |
2. | Approval of airport noise countermeasure project plans under Article 8 of the Act; |
2-2. | Public notice of the procedures for low noise navigation under Article 9 of the Act; |
2-3. | Authority to purchase farmland in areas requiring countermeasures against noise under Article 12 of the Act; |
3. | Formulation of contributed land management plans under Article 15 of the Act; |
3-2. | Receipt of data for establishing noise levels for aircraft pursuant to Article 16 of the Act; |
4. | Imposition and collection of noise charges under Article 17 of the Act; |
5. | Approval of resident support projects plans under Article 18 of the Act; |
6. | Designation of development areas within noise damaged areas under Article 20 of the Act; |
7. | Approval for the implementation at one’s own expense under Article 24 of the Act; |
8. | Organization and operation of the advisory committee under Article 2 (5). |
Article 17-2 (Processing of Personally Identifiable Information) |
1. | Affairs concerning projects for partially subsidizing electricity costs to run air conditioners under Article 8 (1) 3; |
2. | Affairs concerning compensation for loss under Article 11 of the Act; |
3. | Affairs concerning purchase of land under Article 12 of the Act. |
[This Article Newly Inserted on Mar. 27, 2017]
Article 18 (Criteria for Imposing Administrative Fines) |
The criteria for imposing administrative fines under Article 29 (1) of the Act shall be prescribed in attached Table 2.
ADDENDA <Presidential Decree No. 22387, Sep. 17, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 23, 2010.
Article 2 (Special Cases concerning Imposition of Noise Charges)
Noise charges classified as follows, shall be imposed and collected for aircraft of noise level 5 and 6 until October 31, 2011, notwithstanding the amended provisions of Article 10 (2) 3 and 4: 1. | Level 5 aircraft: 15/100 of the landing fee for the relevant aircraft (referring to landing fees out of rents prescribed in Article 86 of the Aviation Act, and excluding value added tax; hereinafter the same shall apply in this Article); |
2. | Level 6 aircraft: 10/100 of the landing fee for the relevant aircraft. |
Article 3 Omitted.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
Articles 2 through 15 Omitted.
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. 25104, Jan. 17, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2014. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 27225, Jun. 14, 2016>
This Decree shall enter into force on July 1, 2016.
ADDENDA <Presidential Decree No. 27471, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 27472, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 27971, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 27972, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017.
Articles 2 through 10 Omitted.
ADDENDUM <Presidential Decree No. 28195, Jul. 17, 2017>
This Decree shall enter into force on July 18, 2017: Provided, That among the amended provisions of the former part of Article 3 (1) 5, the provisions related to a period in which electricity costs to run air conditioners are subsidized shall enter into force on January 1, 2018; and the amended provisions of subparagraph 1 of Article 17-2 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28507, Dec. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2018.
Article 2 (Transitional Measures concerning Noise Levels for Aircraft and Standards for Imposition of Charges)
Notwithstanding the amended provisions of Articles 9 (1) and 10 (2), the former provisions shall apply to aircraft operated until December 31, 2017.
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. 31695, May 18, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 32124, Nov. 16, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 2 (1) and 11 (2) shall enter into force on January 1, 2023, and the amended provisions of Article 16-2 shall enter into force on November 19, 2021. Article 2 (Special Cases concerning Designation and Public Notice of Areas Requiring Countermeasures against Noise following Change in Standards for Noise Levels)
(1) | Where an area designated and publicly notified as an area requiring countermeasures against noise as of November 16, 2021, when the Enforcement Decree of the Airport Noise Prevention and Areas Assistance Act (Presidential Decree No. 32124) enters into force is excluded from areas requiring countermeasures against noise due to the application of the amended provisions of Article 2 (1), the Minister of Land, Infrastructure and Transport shall include such area in areas requiring countermeasures against noise designated and publicly notified after January 1, 2023 only once, notwithstanding those amended provisions. |
(2) | Where an adjacent area requiring countermeasures against noise included in a resident support project plan as of November 16, 2021, when the Enforcement Decree of the Airport Noise Prevention and Areas Assistance Act (Presidential Decree No. 32124) enters into force is excluded from adjacent areas requiring countermeasures against noise due to the application of the amended provisions of Article 11 (2), such adjacent area shall be included in a resident support project plan for the period during which an area excluded from areas requiring countermeasures against noise due to the application of the amended provisions of Article 2 (1) is included in areas requiring countermeasures against noise under paragraph (1), notwithstanding the amended provisions of Article 11 (2). |
ADDENDA <Presidential Decree No. 32352, Jan. 21, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 21, 2022.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 33135, Dec. 27, 2022>
This Decree shall enter into force on January 1, 2023.
ADDENDUM <Presidential Decree No. 33823, Oct. 18, 2023>
This Decree shall enter into force on October 19, 2023.
ADDENDUM <Presidential Decree No. 34199, Feb. 6, 2024>
This Act shall enter into force on February 17, 2024.