Article 1(Purpose) #
The purpose of this Act is to contribute to the sound development of the national economy and the improvement of people's lives life by supporting and promoting rationally the aerospace industry, and researching and developing efficiently aerospace science and technology.
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Mar. 6, 1993; Dec. 13, 1997; Feb. 5, 1999; Apr. 27, 2007; Feb. 29, 2008; Mar. 23, 2013; Mar. 29, 2016; Jan. 26, 2024>
1. The term "aerospace industry" means business of producing aircraft, spacecraft, related accessory apparatus or related materials (including manufacturing, processing, assembling, overhauling, modifying or repairing them, but excluding such work as conducted by an operator for flight, such as maintenance, repair, modification, etc. of aircraft under subparagraph 1 of Article 2 of the Aviation Safety Act; hereinafter the same shall apply), and application services using aircraft and spacecraft as prescribed by Decree of the Ministry of Science and ICT (excluding air transportation business and aircraft-using business under the Aviation Business Act);
1-2. The term "business entity engaged in the aerospace industry" means any person who makes a profession of producing aircraft, spacecraft, related accessory apparatus or related materials;
2. The term "aircraft" means aircraft, rotorcraft, glider and airship usable for flight, and other vehicles usable for flight prescribed by Presidential Decree;
3. The term "spacecraft" means a space launcher, aviation spaceship, artificial satellite, manned or unmanned spaceship to fly in and outside the atmosphere of the earth and other vehicles usable for space flight prescribed by Presidential Decree;
4. The term "related accessory apparatus" (hereinafter referred to as "apparatus") means components of aircraft or spacecraft;
5. The term "related materials" (hereinafter referred to as "materials") means materials to be used for production of aircraft or spacecraft;
6. The term "aerospace science and technology" means the science and technology related to the aerospace industry or the flight in and outside the atmosphere of the earth or the applied science and technology utilizing aircraft and spacecraft.
Article 3(Establishment of master plan for aerospace industry development) #
(1) In order to develop the aerospace industry, the Government shall establish the master plan for the aerospace industry development (hereinafter referred to as "master plan") including the following matters: <Amended on Apr. 27, 2007; Apr. 5, 2013>
1. Matters concerning goals and direction for the development of the aerospace industry;
2. Matters concerning implementation structures and strategies for the development of the aerospace industry;
3. Matters concerning implementation plans for the development of the aerospace industry;
4. Matters concerning a comprehensive research system for research and development of aerospace science and technologies and research and development budgets;
5. Matters concerning fund raising necessary for the development of the aerospace industry and investment plans;
6. Matters concerning fostering of professional human resources necessary for the development of the aerospace industry;
7. Matters concerning international cooperation to revitalize the development of the aerospace industry;
8. Matters concerning a specialized complex for the aerospace industry;
9. Other matters prescribed by Presidential Decree, necessary for the development of the aerospace industry.
(2) The Government shall establish and execute each year the operational program in accordance with the master plan established under paragraph (1).
Article 3-2(Fact-finding survey) #
(1) The Administrator of the Korea Aerospace Administration may conduct fact-finding surveys on the aerospace industry in order to systematically support the aerospace industry and to formulate and implement master plans and implementation plans efficiently. <Amended on Jan. 26, 2024>
(2) Where necessary to conduct fact-finding surveys under paragraph (1), the Administrator of the Korea Aerospace Administration may request the heads of related central administrative agencies, local governments, related institutions and organizations to submit data or state their opinions. In such cases, those requested to submit data or state their opinions shall comply with such request unless a compelling ground exists not to do so. <Amended on Jan. 26, 2024>
(3) Matters necessary for the details, timing, procedures, etc. of fact-finding surveys under paragraph (1) shall be prescribed by Decree of the Ministry of Science and ICT. <Amended on Jan. 26, 2024>
[This Article Added on Oct. 20, 2020]
Article 4(Fosterage of aerospace industry) #
(1) The Government shall adopt policy measures necessary to perform the following projects for the purpose of fostering the aerospace industry: <Amended on Apr. 27, 2007; Apr. 5, 2013>
1. Projects for the development of passenger aircraft, cargo aircraft, and unmanned aircraft;
2. Projects for the development of utility rotorcraft and attack rotorcraft;
3. Projects for the development of spacecraft;
4. Projects for the development of technologies available for apparatus and materials;
5. Projects for the development of equipment and training of specialized personnel necessary to test the performance and quality of aircraft, spacecraft, apparatus and materials;
6. Projects for the advancement of test and assessment technology for aircraft, spacecraft, apparatus and materials;
7. Other projects prescribed by Presidential Decree to develop the aerospace industry.
(2) The Government may have any of the following persons perform the projects as referred to in paragraph (1): <Amended on Apr. 28, 2006>
1. National or public research institutes;
2. Specific research institutes under Article 2 of the Specific Research Institutes Support Act, research institutes under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc., research institutes under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc., and the Agency for Defense Development under Article 3 of the Act on Agency for Defense Development;
3. Universities, colleges, industrial colleges, junior colleges, or technical colleges under Article 2 of the Higher Education Act;
4. Specialized industrial technology institutes under Article 42 of the Industrial Technology Innovation Promotion Act;
5. Institutions, organizations, or business entities in relation to the aerospace industry and related technologies, prescribed by Presidential Decree.
(3) The Government may contribute to fully or partially cover expenses required for the projects to foster the aerospace industry under paragraph (1) for persons who carry out the projects.
Article 5 #
Deleted. <Jan. 28, 2015>
Article 6 #
Deleted. <Jan. 28, 2015>
Article 7 #
Deleted. <Jan. 28, 2015>
Article 8 #
Deleted. <Jan. 28, 2015>
Article 8-2(Designation of and support for specialized complex for aerospace industry) #
(1) The Administrator of the Korea Aerospace Administration may, if necessary, designate the area in which enterprises related to the aerospace industry, supporting facilities for the industry, etc. are collectively located or intend to be located as a specialized complex for the aerospace industry (hereinafter referred to as "specialized complex) or may support such area, in order to foster the aerospace industry. <Amended on Jan. 26, 2024>
(2) The State may financially support a local government having jurisdiction over the area in which a specialized complex is located.
(3) Detailed matters concerning the requirements for designation of specialized complex and the support for such complex shall be prescribed by Presidential Decree.
[This Article Added on Apr. 5, 2013]
Article 9 #
Deleted. <Feb. 5, 1999>
Article 10(Performance and quality inspection) #
(1) When a business entity engaged in the aerospace industry produces spacecraft, apparatus or materials, he or she shall be subject to a performance and quality inspection directed by the Administrator of the Korea Aerospace Administration; provided, the items produced for export and specifically designated by the Administrator of the Korea Aerospace Administration may be fully or partially exempted from performance and quality inspections. <Amended on Mar. 6, 1993; Dec. 13, 1997; Feb. 5, 1999; Apr. 27, 2007; Feb. 29, 2008; Mar. 23, 2013; Jan. 26, 2024>
(2) Where any of the following persons makes an application, the Administrator of the Korea Aerospace Administration may designate such person as a specialized inspection institution and have it conduct performance and quality inspections under paragraph (1): <Amended on Dec. 21, 2007; Feb. 29, 2008; Mar. 23, 2013; Jan. 26, 2024>
1. The Korea Aerospace Research Institute established under the Special Act on Establishment and Operation of the Korea Aerospace Administration or research institutes conducting inspection affairs of aircraft, spacecraft, apparatus or materials;
2. Inspection institutions designated or approved by the Government under other statutes.
(3) Where a business entity engaged in the aerospace industry satisfying the requirements determined by Decree of the Ministry of Science and ICT makes an application, the Administrator of the Korea Aerospace Administration may designate such entity as a self-inspection enterprise and have it conduct performance and quality inspections under paragraph (1) for inspection items specifically determined by the Administrator of the Korea Aerospace Administration, from its own products. <Amended on Dec. 21, 2007; Feb. 29, 2008; Mar. 23, 2013; Jan. 26, 2024>
(4) The Administrator of the Korea Aerospace Administration shall issue an inspection certificate to the aircraft, spacecraft, apparatus or materials which have passed performance and quality inspections under paragraphs (1) through (3). <Added on Dec. 21, 2007; Feb. 29, 2008; Mar. 23, 2013; Jan. 26, 2024>
(5) Matter necessary for the object, facilities, methods of and procedures for the performance and quality inspections, scope and period of exemption, procedures for applying for designation as specialized inspection institutions and self-inspection enterprises, issuance of inspection certificates, etc. under paragraphs (1) through (4) shall be prescribed by Decree of the Ministry of Science and ICT. <Added on Dec. 21, 2007; Feb. 29, 2008; Mar. 23, 2013; Jan. 26, 2024>
Article 11(Restrictions on use) #
(1) Any aircraft, spacecraft, apparatus or materials not inspected under Article 10 shall not be used; provided, the same shall not apply to the use for trial.
(2) If it is deemed necessary to use aircraft, spacecraft, apparatus or materials for the purpose of a test flight, etc., the head of the relevant administrative agency shall request the Minister of Land, Infrastructure and Transport to permit such test flight, etc. In such cases, the Minister of Land, Infrastructure and Transport shall issue a special airworthiness certificate pursuant to Article 23 (3) 2 of the Aviation Safety Act, unless there is a compelling reason not to do so. <Amended on Dec. 14, 1991; Dec. 13, 1997; Feb. 5, 1999; Apr. 27, 2007; Feb. 29, 2008; Mar. 23, 2013; Mar. 29, 2016>
Article 12(Financial support) #
The Government may provide support, such as long-term low-interest funds and research and development funds, for the purpose of fostering the aerospace industry, researching and developing the aerospace science and technology, and holding and managing the aerospace science and technology-related exhibitions. <Amended on Oct. 22, 2004>
Article 13(Lending of State-owned facilities, apparatus) #
(1) Notwithstanding the provisions of the State Property Act, if necessary for the research, development or production of aircraft, spacecraft, apparatus or materials, the Government may, gratuitously or onerously, lend or concede State-owned facilities, apparatus, etc. to a business entity engaged in the aerospace industry or have him or her use them or benefit by them. <Amended on Feb. 5, 1999; Apr. 27, 2007>
(2) Matters necessary for conditions of and procedures for the loan, concession, use or benefit under paragraph (1) shall be determined by Presidential Decree.
Article 14(Establishment of Aerospace Industry Development Policy Council) #
(1) If necessary for deliberation on matters regarding the establishment of a master plan and the coordination of important policies of the Government and major affairs among ministries in accordance with the master plan, the Administrator of the Korea Aerospace Administration may organize and oeprate the Aerospace Industry Development Policy Council (hereinafter referred to as the "Council"). <Amended on Oct. 22, 2004; Apr. 1, 2009; Mar. 23, 2013; Jan. 26, 2024; Jan. 30, 2024>
(2) The Administrator of the Korea Aerospace Administration may dissolve the Council, if it is deemed to have achieved its objectives. <Added on Jan. 30, 2024>
[Title Amended on Jan. 30, 2024]
Article 15(Function of Council) #
The Council shall deliberate on the following matters:
1. Establishment of the master plan;
2. Coordination of important policies of the Government related to the master plan and main affairs among Ministries;
3. Establishment of estimated expenditures incurred in executing of the master plan;
4. General control and coordination of research and development activities of the aerospace science and technology;
5. Other matters prescribed by Presidential Decree.
Article 16(Composition of Council) #
(1) The Council shall be composed of not more than 15 members including one chairperson.
(2) The Administrator of the Korea Aerospace Administration shall serve as the chairperson of the Council and the members shall be prescribed by Presidential Decree. <Amended on Oct. 22, 2004; Apr. 1, 2009; Mar. 23, 2013; Jan. 26, 2024>
(3) If deemed necessary to take proper measures for the coordination of affairs, cooperation, etc. between the civil and military sectors, the chairperson of the Council may establish and operate an advisory committee, as prescribed by Presidential Decree.
(4) In order to examine, in advance, the agenda items of the Council or respond to inquiries, the Administrator of the Korea Aerospace Administration may organize and operate the Working Committee chaired by the Vice Administrator of the Korea Aerospace Administration (hereinafter referred to as the "Working Committee"). <Amended on Oct. 22, 2004; Apr. 27, 2007; Feb. 29, 2008; Apr. 1, 2009; Mar. 23, 2013; Jan. 26, 2024; Jan. 30, 2024>
1. Deleted; <Apr. 1, 2009>
2. Deleted. <Apr. 1, 2009>
(5) Matters necessary for composition, operation, etc. of the Council and the Working Committee shall be determined by Presidential Decree. <Amended on Oct. 22, 2004>
Article 17 #
Deleted. <Jan. 29, 1999>
Article 17-2 #
Deleted. <Jan. 28, 2015>
Article 18 #
Deleted. <Nov. 5, 1999>
Article 19(Delegation and entrustment of authority) #
(1) If deemed necessary, the Administrator of the Korea Aerospace Administration may delegate or entrust the inspection affairs prescribed in Article 10 to another administrative agency, specialized inspection institution or a person with specified qualification, as prescribed by Decree of the Ministry of Science and ICT. <Amended on Mar. 6, 1993; Dec. 13, 1997; Feb. 5, 1999; Feb. 29, 2008; Mar. 23, 2013; Jan. 26, 2024>
(2) For preliminary review and consultation on the agenda of the Working Committee, the Administrator of the Korea Aerospace Administration may entrust government-funded science and technology research institutes established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes with data collection, status investigations, policy planning and other necessary affairs about aerospace technologies and the aerospace industry, as prescribed by Decree of the Ministry of Science and ICT. <Added on Apr. 1, 2009; Mar. 23, 2013; Jan. 26, 2024>
(3) Deleted. <Jan. 26, 2024>
Article 20(Inspection fees) #
A person who intends to undergo a performance and quality inspection under Article 10 (1), shall pay fees as prescribed by Decree of the Ministry of Science and ICT. <Amended on Mar. 6, 1993; Dec. 13, 1997; Feb. 5, 1999; Feb. 29, 2008; Mar. 23, 2013; Jan. 26, 2024>
Article 21(Penalty provisions) #
A person violating the provisions of Article 11 (1), shall be punished by a fine not exceeding five million won.
Article 22(Joint penalty provisions) #
If a representative of a corporation or an agent, employee or any other employed person of a corporation or an individual commits any violation falling under Article 21 in connection with the affairs of the corporation or the individual, not only shall such an offender be punished accordingly, but the corporation or the individual shall also be punished by a fine under the corresponding Article; provided, the same shall not apply where the corporation or the individual has paid due attention to or diligently supervised the relevant business in order to prevent such violation.
[This Article Wholly Amended on Dec. 26, 2008]
Article 23 #
Deleted. <Feb. 5, 1999>
Article 24 #
Deleted. <Feb. 5, 1999>