법갈피

영문법령 / AIR TRANSPORT BUSINESS PROMOTION ACT

AIR TRANSPORT BUSINESS PROMOTION ACT

법률타법개정시행 2013-03-23국토교통부,국토교통부 · 제11690호 · 공포 2013-03-23

Article 1(Purpose) #

The purpose of this Act is to contribute to the development of the national economy and to enhance the international standing thereof by promoting air transport business.

[This Article Wholly Amended by Act No. 11196, Jan. 17, 2012]

Article 2(Definitions) #

The definitions of terms used in this Act shall be as follows:

1. The term "air transport business" means any air transport business under subparagraph 31 of Article 2 of the Aviation Act;

2. The term "aviation insurance" means passenger legal liability insurance, hull insurance, cargo insurance, war risk insurance, third-party liability insurance, crew insurance and such other insurances as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 11196, Jan. 17, 2012]

Article 3(Facilitation of Air Transport Business) #

(1) Where a person who conducts the air transport business (hereinafter referred to as "air transport business operator") falls under any of the following subparagraphs in relation to a business plan authorized pursuant to the Aviation Act, the Government may subsidize part of the necessary funds or arrange a loan as financial funds if any financial support to him/her is deemed necessary, as prescribed by Presidential Decree:

1. Development of new international air routes;

2. Training of pilots, maintenance engineers and radio communication engineers;

3. Occurrence of losses due to any war, internal disturbance or terror, etc.

(2) If the promotion of air transport business is deemed necessary to vitalize the local economy, the local government may render any financial support to air transport business operators (including foreign international air transport business operators; hereinafter the same shall apply to Article 8) within budgetary limits, as prescribed by the related municipal ordinance.

[This Article Wholly Amended by Act No. 11196, Jan. 17, 2012]

Article 4(Grant of Bounty) #

The Government may grant a bounty to an air transport business operator who made a distinguished contribution to earning or saving of foreign currencies, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 11196, Jan. 17, 2012]

Article 5(Special Rules Relating to Aircraft Mortgage) #

Where an air transport business operator introduces an aircraft, the Government or financial companies, etc. may provide him/her with a loan, taking the aircraft as security, even prior to the registration of the acquisition of the ownership of the aircraft.

[This Article Wholly Amended by Act No. 11196, Jan. 17, 2012]

Article 6 #

Deleted. <by Act No. 2414, Dec. 30, 1972>

Article 7(Obligation to Subscribe to Insurance) #

No air transport business operator or person to operate private aircraft shall operate his/her aircraft unless he/she is covered by aviation insurance, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 11196, Jan. 17, 2012]

Article 8(Ban on Appropriation of Fund and Duty of Supervision) #

(1) An air transport business operator who is given a subsidy or loan under this Act shall not use the fund for purposes other than that for which it has specifically been granted.

(2) The Minister of Land, Infrastructure and Transport or the head of local government shall supervise an air transport business operator who is given subsidies or loans under this Act so that he/she uses the subsidies or loans appropriately. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 11196, Jan. 17, 2012]

Article 9(Fostering of Civil Aviation-Related Organizations) #

(1) The Government shall foster civil aviation-related organizations to improve the social and economic status of the civil aviation industry and to facilitate their international activities.

(2) Where the Government deems financial support necessary with regard to paragraph (1), it may subsidize part of the necessary funds available within budgetary limits.

[This Article Wholly Amended by Act No. 11196, Jan. 17, 2012]

Article 10 #

Deleted. <by Act No. 11196, Jan. 17, 2012>

Article 11(Penal Provisions) #

Any of the following persons shall be punished by imprisonment for not more than five years, or by a fine not exceeding ten million won:

1. A person who, by lies or other illegal means, receives a subsidy or a loan under Article 3, or a bounty under Article 4;

2. A person who violates Article 8 (1).

[This Article Wholly Amended by Act No. 11196, Jan. 17, 2012]

Article 12(Idem) #

A person who violates Article 7 shall be punished by imprisonment for not more than five years, or by a fine not exceeding one million won.

[This Article Wholly Amended by Act No. 11196, Jan. 17, 2012]

Article 13(Joint Penal Provisions) #

When a representative of a corporation or an agent, employee, or other servant of the corporation or an individual commit an offense under Article 11 or 12 in connection with the business of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall also be punished by a fine under the relevant provisions: Provided, That where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense, this shall not apply.

[This Article Wholly Amended by Act No. 10134, Mar. 17, 2010]