ENFORCEMENT DECREE OF THE MILITARY AIRCRAFT AIRWORTHINESS CERTIFICATION ACT
Presidential Decree No. 21652, Jul. 30, 2009
Amended by Presidential Decree No. 24402, Mar. 18, 2013
Presidential Decree No. 24402, Mar. 18, 2013
Presidential Decree No. 24413, Mar. 23, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 27971, Mar. 29, 2017
Presidential Decree No. 28149, jun. 27, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28266, Sep. 5, 2017
Presidential Decree No. 29307, Nov. 27, 2018
Presidential Decree No. 30137, Oct. 22, 2019
| Article 1-2 (Machines That May Be Used for Aviation) |
| 1. | An unmanned aerial vehicle (referring to an unmanned airplane, an unmanned helicopter, and an unmanned airship, which meet the criteria prescribed by Ordinance of the Ministry of National Defense, such as maximum takeoff weight and empty weight); |
| 2. | A powered parachute and a powered paraglider; |
| 3. | A manned hot air balloon. |
[This Article Newly Inserted by Presidential Decree No. 30137, Dec. 22, 2019]
| Article 2 (Police or Customs Aircraft) |
"Police or customs aircraft prescribed by Presidential Decree" in the former part of Article 2-2 of the Act means any aeroplane, helicopter, airship, glider, and a machine which may be used for aviation under each subparagraph of Article 1-2, all of which are used by the Korean National Policy Agency, the Korea Coast Guard, or the Korea Customs Service. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017; Presidential Decree No. 30137, Dec. 22, 2019> [This Article Wholly Amended by Presidential Decree No. 24402, Mar. 18, 2013]
| Article 2-2 (Programs for Which Airworthiness Review in Phases May Be Omitted) |
"Programs prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 4 (5) of the Act means any of the following programs: | 1. | Programs under subparagraph 4 (a) of Article 2 of the Act, which are implemented only for research purposes; |
| 2. | Programs where there is a limit on the acquisition of airworthiness certification data necessary for airworthiness review in phases, such as any of the following programs: |
| (b) | A program under subparagraph 4 (c) and (d) of Article 2 of the Act, which is implemented through a foreign enterprise. |
[This Article Newly Inserted by Presidential Decree No. 24402, Mar. 18, 2013]
| Article 3 (Programs That May Be Exempt from Application of Criteria for Standard Airworthiness Certification or Procedures for Airworthiness Certification) |
"Military aircraft programs prescribed by Presidential Decree" in subparagraph 4 of Article 5 of the Act means programs classified as follows: | 1. | Programs that may be exempt from the application of criteria for standard airworthiness certification under Article 3 (1) of the Act means any of the following: |
| (a) | Programs under subparagraph 4 (a) of Article 2 of the Act, which are implemented only for research purposes; |
| (b) | Programs to which the application of criteria commonly used internationally for airworthiness certification is more efficient for the implementation of affairs concerning airworthiness certification than the application of criteria for standard airworthiness certification under Article 3 (1) of the Act given the nature of the program; |
| 2. | Programs that may be exempt from the application of all or part of procedures for airworthiness certification means those implemented for urgent deployment due to a war, natural disaster, or other national emergency equivalent thereto. |
[This Article Wholly Amended by Presidential Decree No. 24402, Mar. 18, 2013]
| Article 4 (Composition and Term of Office of Certification Committee) |
| (1) | The Deliberative Committee on Airworthiness Certification (hereinafter referred to as the "Certification Committee") under Article 7 (1) of the Act shall have one vice chairperson designated by the chairperson of the Certification Committee from among its members. |
| (2) | Members of the Certification Committee shall be appointed or commissioned by the Minister of the Defense Acquisition Program Administration from among the following persons pursuant to Article 7 (3) of the Act: <Amended by Presidential Decree No. 24413, Mar. 23, 2013; Presidential Decree No. 28266, Sep. 5, 2017; Presidential Decree No. 30137, Dec. 22, 2019> |
| 1. | Persons recommended by the Minister of National Defense from among general-level officers or public officials at director-general level, in charge of affairs relating to military aircraft programs in the Ministry of National Defense; |
| 2. | General-level officers or public officials of director-general level, in charge of affairs relating to military aircraft programs in the Defense Acquisition Program Administration; |
| 3. | Persons recommended by the Minister of Land, Infrastructure and Transport from among public officials, at director-general level, in charge of affairs relating to airworthiness certification of civil aircraft in the Ministry of Land, Infrastructure and Transport; |
| 4. | Persons recommended by the chief of staff of the Army, Navy, or Air Force (hereinafter referred to as “each armed force”) from among general-level officers in charge of affairs relating to military aircraft programs in each armed force; |
| 5. | Heads of departments in charge of affairs relating to airworthiness certification in institutions specializing in the airworthiness certification of military aircraft (hereinafter referred to as "specialized institution") under Article 10 (1) of the Act and institutions in charge of airworthiness certification (hereinafter referred to as "institution in charge") under Article 11 (1) of the Act; |
| 6. | Other persons recommended by the chairperson from among those who have extensive knowledge of and experience in airworthiness certification. |
| (3) | A member referred to in paragraph (2) 6 shall serve a two-year term and may be reappointed or recommissioned only once. |
| Article 5 (Operation of Certification Committee) |
| (1) | The chairperson of the Certification Committee shall represent the Certification Committee and preside over its affairs. |
| (2) | Where the chairperson is unable to perform his/her duties due to any unavoidable reason, the vice chairperson shall perform the duties of the chairperson on his/her behalf. |
| (3) | The chairperson shall convene meetings of the Certification Committee where he/she deems them necessary or at least 1/3 of the incumbent members request him/her to convene a meeting. |
| (4) | A Certification Committee meeting shall be held with a majority of the incumbent members present, a resolution thereof shall require consent of a majority of the members present; and voting shall be done by open vote. |
| (5) | If the chairperson deems it necessary, he/she may require persons recommended by the head of a program management agency to attend meetings of the Certification Committee, and hear their opinions. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the operation of the Certification Committee shall be prescribed by the chairperson following a resolution by the Certification Committee. |
| Article 6 (Establishment and Term of Office of Working Committee) |
| (1) | The Director General of the Defense Industry Promotion Bureau of the Defense Acquisition Program Administration shall serve as the chairperson of the technical working committee for airworthiness certification (hereinafter referred to as "working committee") under Article 7 (4) of the Act, and the working committee shall comprise not more than 15 members for each individual military aircraft program, who are appointed or commissioned by the Minister of the Defense Acquisition Program Administration from among the following persons: <Amended by Presidential Decree No. 24413, Mar. 23, 2013; Presidential Decree No. 28149, Jun. 27, 2017; Presidential Decree No. 29307, Nov. 27, 2018> |
| 1. | Persons recommended by the head of the department relating to affairs concerning the test and evaluation, and airworthiness certification of military aircraft and the head of the military aircraft program department in the Defense Acquisition Program Administration; |
| 2. | Persons recommended by the chief of staff of each armed force from among field-grade officers in charge of affairs relating to military aircraft programs in each armed force; |
| 3. | Persons recommended by the Minister of Land, Infrastructure and Transport from among those in charge of affairs concerning the airworthiness certification of civil aircraft in the Ministry of Land, Infrastructure and Transport; |
| 4. | Persons recommended by the head of an institution in charge and the head of a specialized institution respectively from among those in charge of affairs concerning airworthiness certification in the institution in charge and the specialized institution; |
| 5. | Other persons who have extensive knowledge of and experience in affairs concerning the airworthiness certification of military aircraft. |
| (2) | The term of office of members of the working committee under paragraph (1) 5 shall expire upon the completion of affairs concerning the airworthiness certification of each individual military aircraft program subject to deliberation. |
| (3) | Where the chairperson of the working committee deems it necessary, he/she may require the heads of the departments relating to the airworthiness certification of institutions associated with each individual military aircraft program subject to deliberation or persons recommended by the heads of the departments to attend meetings of the working committee, and hear their opinions. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the operation of the working committee shall be prescribed by the chairperson of the working committee following a resolution by the working committee. |
| Article 7 (Payment of Allowances) |
Travel expenses and allowances may be paid to members of the Certification Committee or the working committee, advisors under Article 8 of the Act or interested persons, within budgetary limits, where they attend meetings of the Certification Committee or the working committee, or related meetings, or they provide advice and suggestions as requested: Provided, That the foregoing shall not apply where a public official attends meetings or provides advice and suggestions as requested in direct relation to his/her business.
| Article 8 (Criteria for Designation of Specialized Institutions) |
| (1) | Any institution which the Minister of the Defense Acquisition Program Administration may designate and publicly notify a specialized institution pursuant to Article 10 (1) of the Act shall be an institution meeting all the following criteria: <Amended by Presidential Decree No. 24402, Mar. 18, 2013> |
| 1. | It shall be each armed force or a government-funded institution; |
| 2. | It shall be an institution that has specialized workforce necessary for airworthiness certification prescribed by Ordinance of the Ministry of National Defense; |
| 3. | It shall be an institution that has an organization dedicated to airworthiness certification. |
| (2) | The Minister of the Defense Acquisition Program Administration may designate and publicly notify specialized institutions in each of the following fields: <Amended by Presidential Decree No. 24402, Mar. 18, 2013> |
| 2. | Production validation. |
| Article 9 (Qualification and Education of Specialized Workforce) |
| (1) | "Qualified and competent, as prescribed by Presidential Decree," in Article 10 (3) of the Act means the following qualification and competence: <Amended by Presidential Decree No. 24402, Mar. 18, 2013> |
| 1. | A person responsible for technical affairs in the field relating to airworthiness certification shall have at least 10 years of work experience in the related field, and complete education relating to airworthiness certification conducted by the Minister of the Defense Acquisition Program Administration; |
| 2. | Other persons in charge of technical affairs in the field relating to airworthiness certification shall have at least five years of work experience in the related field, and complete education relating to airworthiness certification conducted by the Minister of the Defense Acquisition Program Administration. |
| (2) | The Minister of the Defense Acquisition Program Administration may conduct education relating to airworthiness certification under paragraph (1) by entrusting such education to an educational institution specializing in airworthiness certification, as prescribed by Ordinance of the Ministry of National Defense. <Amended by Presidential Decree No. 24402, Mar. 18, 2013> |
| Article 10 (Procedures for Revocation of Designation and Suspension of Operations of Specialized Institutions) |
| (1) | The Minister of the Defense Acquisition Program Administration shall assess every year whether a specialized institution has specialized workforce necessary for airworthiness certification and an organization dedicated to airworthiness certification under Article 8 (1) 2 and 3 in order to determine whether good cause exists to revoke designation and suspension of operations pursuant to Article 10 (4) of the Act. <Amended by Presidential Decree No. 24402, Mar. 18, 2013> |
| (2) | Where the Minister of the Defense Acquisition Program Administration deems that a specialized institution fails to satisfy the criteria for designation under Article 8 (1) according to the findings of examination under paragraph (1), he/she may notify the head of the relevant specialized institution to take corrective measures to satisfy the criteria for designation within a specified period. |
| (3) | Where the Minister of the Defense Acquisition Program Administration deems that the head of a specialized institution fails to take necessary measures specified in the notice under paragraph (2) or fails to satisfy the criteria for designation under Article 8 (1) even after taking necessary measures, he/she may revoke the designation of the specialized institution and suspend its operations. |
| Article 11 (Formulation of Plan for Support in Phases to Institutions in Charge) |
Where the Minister of the Defense Acquisition Program Administration formulates a plan for providing support in phases to an institution in charge pursuant to Article 11 (4) of the Act, he/she shall receive details of its requirements for specialized workforce for airworthiness certification including test flight pilots and test flight engineers (hereinafter referred to as "test flight pilots and engineers"), facilities, equipment, etc. under Article 11 (3) of the Act from the head of the institution in charge, and reflect such requirements in the aforesaid plan.
| Article 12 (Budgetary Support) |
Where the Minister of the Defense Acquisition Program Administration allocates budget to provide support under Article 12 of the Act, he/she may receive details of expenses incurred in performing and managing affairs of institutions in charge and specialized institutions, and requirements for equipment, facilities, specialized workforce, etc. necessary for the airworthiness certification of each armed force and institutions relating to airworthiness certification, and reflect such expenses and requirements in the budget.
| Article 13 (Request for Support for Affairs) |
| (1) | Where the Minister of the Defense Acquisition Program Administration requests the chief of staff of each armed force to provide support, such as specialized workforce including test flight pilots and engineers, equipment, facilities, etc., to perform affairs concerning test flight for airworthiness certification pursuant to Article 13 of the Act, the chief of staff of each armed force requested to provide support shall provide such support in the absence of special circumstances. |
| (2) | Where the Minister of the Defense Acquisition Program Administration requests the Minister of National Defense to provide support so that each armed force may secure workforce necessary to support affairs concerning airworthiness certification pursuant to Article 13 of the Act, the Minister of National Defense may provide such support in the absence of special circumstances. |
| Article 14 (Cooperation in Affairs concerning Airworthiness Certification of Civil and Military Aircraft) |
The Minister of National Defense, the Minister of Land, Infrastructure and Transport, and the Minister of the Defense Acquisition Program Administration may mutually assist in human resources, equipment, facilities, etc. held by each agency relating to airworthiness certification or mutually cooperate in providing such support to efficiently perform affairs concerning the airworthiness certification of military aircraft and affairs concerning type certification under Article 20 of the Aviation Safety Act. <Amended by Presidential Decree No. 24413, Mar. 23, 2013; Presidential Decree No. 27971, Mar. 29, 2017>
| Article 15 (Entrustment of Authority) |
| (1) | The Minister of the Defense Acquisition Program Administration shall entrust authority over the airworthiness certification of military aircraft as classified in the following subparagraphs to the chief of staff of each armed force or the head of a specialized institution pursuant to Article 15 (1) of the Act: <Amended by Presidential Decree No. 28149, Jun. 27, 2017; Presidential Decree No. 30137, Dec. 22, 2019> |
| (a) | Where a program management agency is each armed force: The chief of staff of each armed force; |
| (b) | Where a program management agency is a government-funded institution designated and publicly notified as a specialized institution (limited to a program under subparagraph 4 (d) of Article 2 of the Act): The head of the relevant specialized institution; |
| (a) | Where a program management agency is each armed force: The chief of staff of each armed force: |
| (b) | Where a program management agency is a government-funded institution designated and publicly notified as a specialized institution: The head of the relevant specialized institution. |
| (2) | The Minister of the Defense Acquisition Program Administration shall entrust authority over the management and maintenance of technical data relating to airworthiness certification under Article 9 (1) of the Act to an institution designated and publicly notified by the Minister from among the specialized institutions pursuant to Article 15 (1) of the Act. <Amended by Presidential Decree No. 30137, Dec. 22, 2019> |
| (3) | Where the chief of staff of each armed force or the head of a specialized institution entrusted with authority pursuant to paragraph (1) deems that the relevant program has any factor that would significantly impact on the airworthiness of the relevant military aircraft, he/she may request the Minister of the Defense Acquisition Program Administration to provide support necessary for airworthiness certification under paragraph (1). <Amended by Presidential Decree No. 30137, Dec., 22, 2019> |
[This Article Wholly Amended by Presidential Decree No. 24402, Mar. 18, 2013]
| Article 16 (Requirements for Re-Entrustment of Authority) |
"Agency or research institute that is related to airworthiness certification and meets the requirements prescribed by Presidential Decree" in Article 15 (2) of the Act means an agency or research institute which has specialized workforce and a dedicated organization under Article 8 (1) 2 and 3. <Amended by Presidential Decree No. 24402, Mar. 18, 2013>
ADDENDUM
This Decree shall enter into force on August 1, 2009.
ADDENDA <Presidential Decree No. 24402, Mar. 18, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into on March 19, 2013: Provided, That the amended provisions of Article 15 (1) and (3) shall enter into force on July 1, 2013. Article 2 (Transitional Measures)
Any institution designated as an institution specializing in the airworthiness certification of military aircraft under the former Article 8 (2) 1 or 3 as at the time this Decree enters into force shall be deemed designated as an institution specializing in the field of type certification under the amended provision of Article 8 (2) 1; and any institution designated as an institution specializing in the airworthiness certification of military aircraft under the former Article 8 (2) 2 shall be deemed designated as an institution specializing in the field of type certification and the field of production validation under the amended provisions of Article 8 (2) 1 and 2.
ADDENDA <Presidential Decree No. 24413, Mar. 23, 2013>
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. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 5 of Addenda, the amended provisions of Presidential Decrees which were promulgated before this Decree enters into force, but the dates on which they enter into force have not arrived, shall enter into force on the enforcement dates of the relevant Presidential Decrees, respectively.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 27971, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into on March 30, 2017. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDUM <Presidential Decree No. 28149, Jun. 27, 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 amended part of a Decree which was promulgated before the enforcement of this Decree, but the date on which it enters into force has not yet arrived, among the Decrees amended by Article 8 of the Addenda, shall enter into force on the enforcement date of the relevant Decree, respectively.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28266, Sep. 5, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 29307, Nov. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 30137, Oct. 22, 2019>
This Decree shall enter into force on October 24, 2019.