AVIATION ACT

Article 1(Purpose) #

The purpose of this Act is to contribute to the development of aviation and the promotion of public welfare by determining methods to ensure safety in air navigation, promoting the efficient installation and management of aviation facilities, and establishing order in air transportation services, etc., pursuant to the provisions of the Convention on International Civil Aviation and the standards and methods adopted by the Annexes to the said Convention. <Amended by Act No. 12256, Jan. 14, 2014>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 2(Definitions) #

The definitions of the terms used in this Act shall be as follows: <Amended by Act No. 11116, Dec. 2, 2011; Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014; Act No. 13381, Jun. 22, 2015>

1. The term "aircraft" means airplanes, airships, gliders, rotorcraft, and other apparatus to be used for aviation, prescribed by Presidential Decree;

2. The term "aircraft for use by a State agency, etc" means aircraft owned or chartered by the State, a local government, or any public agency prescribed by the Act on the Management of Public Institutions and determined by Presidential Decree (hereinafter referred to as "State agency, etc"), which is used to perform any of the following business activities: Provided, That this shall not include aircraft used in military, police, and customs services:

(a) Search and rescue due to a calamity or disaster, etc.;

(b) Extinguishment and prevention of forest fires;

(c) Rescue and relief activities, such as transportation of emergency patients;

(d) Other business activities necessary to maintain public peace and order;

3. The term "air service" means any of the following services:

(a) Operation of an aircraft by a person on board (excluding practice flights);

(b) Air traffic control;

(c) Operations management and operation of radio equipment;

(d) Safety validation of aircraft, engines, and propellers (hereinafter referred to as "aircraft, etc"), equipment, and parts in compliance with Article 22 after maintenance, repair, or alteration works (hereinafter referred to as "maintenance or similar") are completed;

(e) Operation of an aircraft capable of being flown autonomously by remote control without an onboard pilot (hereinafter referred to as “unmanned aircraft”);

4. The term "aircrew" means persons who have obtained a certificate of qualification as aircrew under Article 25 (1);

5. The term "cabin crew" means a crew member who provides safety services, such as facilitating emergency escape from aboard aircraft;

6. The term "airfield" means a specific area of land or water surface used for take-off (including take-off from water; hereinafter the same shall apply) and landing (including landing on water; hereinafter the same shall apply) of aircraft, light aircraft, or an ultra-light plane, which is determined by Presidential Decree;

7. The term "airport" means an airfield for public use, provided with airport facilities and the name, location, and area of which are designated and publicly notified by the Minister of Land, Infrastructure and Transport;

7-2. The term “airport operator” means a person authorized to operate an airport under the Incheon International Airport Corporation Act, the Korea Airports Corporation Act, or any other relevant Act, or a person to whom the authority to operate the airport is entrusted or transferred by the person so authorized;

8. The term "airport facilities" means facilities for aircraft take-off and landing and for the transport of passengers and freight, and annexed and support facilities thereof, which are inside and outside the airport zone, and prescribed by Presidential Decree and designated by the Minister of Land, Infrastructure and Transport;

9. The term "airport zone" means an area used as an airport and determined as urban planning facilities under Articles 30 and 43 of the National Land Planning and Utilization Act;

9-2. The term “planned airport development area” means an area publicly notified under a basic plan for airport development by the Minister of Land, Infrastructure and Transport under Article 91 for performing an airport development project;

10. The term "airport development projects" means projects related to new construction, enlargement, maintenance, or improvement of airport facilities, implemented under this Act;

11. The term "landing zone" means a rectangular land or water surface centered on the centerline of a runway, the length and width of which are determined by Ordinance of the Ministry of Land, Infrastructure and Transport, consisting of the runway and a safety zone set up around the runway to reduce harm to aircraft and passengers if the aircraft deviates from the runway;

12. The term "flight information zone" means airspace demarcated for providing information necessary for the safe and efficient flight of aircraft and the search and rescue of aircraft in distress, the name and the vertical and horizontal division of which are designated and announced by the Minister of Land, Infrastructure and Transport pursuant to the provisions of the Convention on International Civil Aviation and the Annexes thereto;

13. The term "aircraft accident" means an occurrence associated with the operation of an aircraft, which takes place between the moment any person boards the aircraft for flight and the moment all persons have disembarked (in cases of operating an unmanned aircraft, referring to ‘between the moment the aircraft starts to move for flight and the moment its engine is stopped upon termination of flight’), which falls in any of the following cases:

(a) A person suffers death or serious injury or is missing;

(b) The aircraft sustains substantial damage or breakdown or structural defect;

(c) The aircraft is missing or becomes completely inaccessible;

14. The term "aircraft incident" means an incident, other than an aircraft accident involving circumstances indicating that an aircraft accident nearly occurs, which is prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

15. The term "hindrance to aviation safety" means a hindrance, other than an aircraft accident and an aircraft incident, associated with the operation of aircraft and navigation safety facilities, which affected or might have affected aviation safety, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

16. The term "obstacle limitation surface" means a surface established around an airfield to be kept free of obstacles (referring to any geographical or natural feature, etc. that may interfere with the safe operation of aircraft) in order that aircraft can be operated safely, which is prescribed by Presidential Decree;

17. The term "navigation safety facility" means a facility designed to assist the aircraft's navigation by means of cable communications, wireless communications, light, color, or shape, and prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

18. The term "aviation light" means a navigation safety facility designed to assist the aircraft's navigation, by means of light, prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

19. The term "control area" means an aerial zone consisting of an airfield and its periphery, designated by the Minister of Land, Infrastructure and Transport for air traffic safety;

20. The term "control zone" means an aerial zone, the height of which is at least two hundred meters from the ground or water surface, designated by the Minister of Land, Infrastructure and Transport for air traffic safety;

21. The term "airway" means a path through airspace displayed on the ground designated by the Minister of Land, Infrastructure and Transport as suitable for navigation of aircraft;

22. The term "meteorological visible flight condition" means good meteorological visibility for the navigation of aircraft, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, taking into consideration the range of visibility and cloud conditions;

23. The term "instrument flight meteorological condition" means any meteorological condition, other than the meteorological visible flight condition;

24. The term "instrument flight" means a flight in which the measurement of the attitude, altitude, location, and flight direction of aircraft depends solely on the instrument mounted on the aircraft;

25. The term "instrument flying methods" means the following flying methods:

(a) Method of conducting a take-off and thereafter, ascending flight, and a landing and descending flight, which are made within the control area, on an airway designated by the Minister of Land, Infrastructure and Transport under Article 38, or on such flight path as directed by the Minister of Land, Infrastructure and Transport under Article 70 (1); and other flying methods, which are made in a manner directed by the Minister of Land, Infrastructure and Transport pursuant to Article 70 (1);

(b) Method of navigating a flight in the control zone, other than that referred to in item (a), in compliance with a direction of the Minister of Land, Infrastructure and Transport under Article 70 (1);

26. The term "light aircraft" means aircraft used for flying, other than aircraft, including fixed-wing planes, trike-wing planes, and rotary-wing light planes, prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

27. The term "light aircraft accident" means an occurrence associated with the flying of a light aircraft, in which:

(a) A person suffers death or serious injury, or is missing;

(b) The light aircraft sustains a crash, collision, or fire;

(c) The light aircraft is missing or completely inaccessible;

28. The term "ultra-light plane" means aerial vehicles, other than aircraft and light aircraft, which include powered aerial vehicles, gliders, balloons, and unmanned aerial vehicles, prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

29. The term "ultra-light plane accident" means an occurrence associated with the operation of an ultra-light plane, in which:

(a) A person suffers death or serious injury, or is missing;

(b) The ultra-light plane sustains a crash, collision, or fire;

(c) The ultra-light plane is missing or completely inaccessible;

30. The term "flight simulator" means equipments which simulate the cockpit of aircraft to revive the control functions of mechanical, electrical, and electronic apparatus, etc., and the performance, characteristics, etc. of flight in the same manner as aircraft do;

31. The term "air transportation business" means the commercial activity of transporting passengers or freight using aircraft in response to the demand from other persons;

32. The term "domestic air transportation business" means the air transportation business of operating the following flights using aircraft, the size of which is at least that prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport:

(a) Regular domestic flights: Operation of aircraft pursuant to a regular flight schedule with a line fixed between airports in the Republic of Korea;

(b) Irregular domestic flights: Operation of aircraft in the Republic of Korea other than that provided for in item (a);

33. The term "international air transportation business" means the air transportation business of operating the following flights using aircraft, the size of which is at least that prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport:

(a) Regular international flights: Operation of aircraft pursuant to a regular flight schedule with a line fixed between a domestic airport and a foreign airport or between foreign airports;

(b) Irregular international flights: Operation of aircraft, other than that provided for in item (a), between a domestic airport and a foreign airport or between foreign airports;

34. The term "small air transportation business" means any air transportation business, other than domestic air transportation business and international air transportation business;

35. The term "aircraft-using business" means the business of providing any commercial services by using aircraft, other than air transportation business, as specified by Ordinance of the Ministry of Land, Infrastructure and Transport, which includes crop-dusting, construction, and photography, responding to other persons' demand;

36. The term "ground support service" means the business of refueling, loading, and unloading of air cargo or baggages, or providing any other ground services except maintenance or similar;

37. The term “aircraft maintenance service” means the business of providing any of the following services in response to the demand from other persons:

(a) Maintenance or other services for aircraft, etc. or the equipment or parts thereof;

(b) Support services of technical management, quality control, etc. for the maintenance, or other services for aircraft, etc. or the equipment or parts thereof;

38. The term "commercial document delivery business" means the commercial business of delivering documents related to export and import, etc. falling under the proviso to subparagraph 7 of Article 1-2 of the Postal Service Act and accompanying samples by aircraft, to meet the demand from others;

39. The term "general sales agency" means the business of commercially and vicariously concluding an international transportation contract regarding passengers or freight (excluding any vicarious execution of procedure to obtain a passport or visa) by aircraft on behalf of a person operating air transportation business;

40. The term "city air terminal business" means the business of installing and operating facilities necessary for offering the convenience of transport and management of air passengers and freight in an area, other than an airport zone;

41. The term “air transport service provider” means an airport operator or air transportation business entity providing commercial services related to the transport of passengers or freight by using an airport or aircraft (hereinafter referred to as “air transport services”);

42. The term “air transport user” means a person who uses air transport services provided by an air transport service provider;

42-2. The term “air leisure sport” means any flight activity (including descent from an airplane by parachute) done for hobby, recreation, experience, training, competition, etc.;

43. The term “aircraft leasing service” means the business (excluding the service referred to in subparagraph 43-2 (b)) of commercially leasing aircraft, light aircraft, or ultra-light planes in response to the demand from other persons;

43-2. The term “air leisure sport business” means the business of providing any of the following services commercially in response to the demand from other persons:

(a) Making flights using aircraft (limited to airships and gliders), light aircraft, or an ultra-light plane determined by Ordinance of the Ministry of Land, Infrastructure and Transport to provide the passengers with an opportunity for operation training, flight experience, or viewing of natural scenery;

(b) Leasing any of the following to make them available for air leisure sports:

(i) Gliders and other aircraft determined by Ordinance of the Ministry of Land, Infrastructure and Transport;

(ii) Light aircraft;

(iii) Ultra-light planes;

(c) Maintaining, repairing, or altering light aircraft or ultra-light planes;

44. The term “business using ultra-light planes” means the business of providing services, such as crop-dusting and photographing, determined by Ordinance of the Ministry of Land, Infrastructure and Transport, by using ultra-light planes determined by Ordinance of the Ministry of Land, Infrastructure and Transport commercially in response to the demand from other persons;

45. The term “flying field” means a specific area of land or water surface, other than an airfield, used for take-off or landing of light aircraft or ultra-light planes, determined by Presidential Decree;

46. The term “aeronautical study” means an examination and assessment planned to identify hazards in visible flight and instrument flight procedure, etc. and to maintain an acceptable level of safety in relation to aviation safety, as well as to find ways to remove or reduce such hazards.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 2-2(Transfer of Authority and Liability for Chartered Aircraft) #

Where an aircraft registered in a foreign country is chartered and operated, or an aircraft registered in the Republic of Korea is chartered and operated by a foreign country, matters regarding the transfer of authority and liability ㅂrelated to the verification of decreased flights of the said chartered aircraft, management of qualifications of aircrew, aircraft operations, etc. shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport pursuant to the Convention on International Civil Aviation. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 2-3(Special Cases of Application to Military Aircraft, etc.) #

(1) This Act shall not apply to military aircraft and persons engaged in providing the relevant air services.

(2) This Act shall not apply to aircraft used for the customs or police services, and persons engaged in the provision of the relevant air services: Provided, That the provisions of Articles 38-2, 40, and 54, subparagraph 5 of Article 55, and Article 70 (1) shall apply thereto for preventing mid-air collisions, except for cases of emergency mobilization prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

(3) Provisions of paragraph (2) shall apply mutatis mutandis to the aircraft used by the United States of America pursuant to Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America, and to persons engaged in the provision of the relevant air services.

(4) Articles 144 (1), 145, 146, and 151 shall not apply to the aircraft used by the United States of America pursuant to Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America, nor to persons engaged in the provision of the relevant air services.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 2-4(Special Cases of Application to Aircraft for Use by State Agencies, etc.) #

(1) The provisions of this Act (excluding the provisions of Articles 53, 56, and 153) shall apply to the aircraft for use by State agencies, etc. and persons engaged in the provision of the relevant air services.

(2) Notwithstanding the provisions of paragraph (1), the provisions of Articles 38-2, 43 and 54, subparagraphs 1 through 3 of Article 55, Article 70 (1), and subparagraph 2 of Article 74-2 shall not apply where the aircraft for use by State agencies, etc. are operated (including cases of operation for training) in emergency public use prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as search and rescue due to a calamity or disaster, etc., extinguishment of a fire, transportation of emergency patients. <Amended by Act No. 11690, Mar. 23, 2013>

(3) For the purposes of the provisions of Articles 49-3, 49-4, and 50 (5) and (6) to the aircraft for use by State agencies, etc., "Minister of Land, Infrastructure and Transport" shall be construed as "head of the competent administrative agency". In such cases, the head of the competent administrative agency shall notify the Minister of Land, Infrastructure and Transport of the details of a report he/she receives pursuant to the provisions of Articles 49-3, 49-4, or 50 (5) and (6). <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 2-5(Establishment of Basic Plans for Aviation Policy) #

(1) Every five years, the Minister of Land, Infrastructure and Transport shall prepare a basic plan for national aviation policy (hereinafter referred to as a "basic plan for aviation policy"; matters concerning supporting and fostering of the aerospace industry under the Aerospace Industry Development Promotion Act shall be excluded herefrom; the same shall apply hereinafter). <Amended by Act No. 11690, Mar. 23, 2013>

(2) Each basic plan for aviation policy shall include the following matters: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 12256, Jan. 14, 2014; Act No. 12817, Oct. 15, 2014>

1. Changes and outlook of domestic and overseas environments of aviation policy;

2. Objectives, strategies, and implementation plans by stage, of the national aviation policy;

3. Matters concerning the fostering of the aviation industry, including the domestic air transportation business and the aircraft maintenance services, and enhancement of the competitiveness of the industry;

4. Matters concerning efficient development and operation of airports;

5. Matters concerning protection of air transport users and improvement of services;

6. Matters concerning training of aviation professionals and development of technology related to the aviation industry, including aviation safety technology and aircraft maintenance technology;

7. Matters concerning air traffic safety control;

8. Matters concerning revitalization of air leisure sports;

9. Other matters necessary for promotion of the aviation industry, including the air transportation business and the aircraft maintenance services.

(3) A basic plan for aviation policy shall take precedence over the plan for development of aviation safety technology under Article 37-2, the aviation safety program under Article 49 (1), and the medium and long term master plans for development of airports under Article 89, and shall serve as a basis for such plans and programs.

(4) The Minister of Land, Infrastructure and Transport shall, whenever he/she prepares the basic plan for aviation policy or revises any of such important matters thereof specified by Presidential Decree, consult with the heads of relevant central administrative agencies and the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Governor of a relevant Special Self-Governing Province (hereinafter referred to as "Mayor/ Do Governor"). <Amended by Act No. 11690, Mar. 23, 2013>

(5) Whenever the Minister of Land, Infrastructure and Transport establishes or revises a basic plan for aviation policy pursuant to paragraph (4), he/she shall publicly notify it through the Official Gazette, and shall also notify the heads of central administrative agencies and the competent Mayor/ Do Governor. <Amended by Act No. 11690, Mar. 23, 2013>

(6) The Minister of Land, Infrastructure and Transport shall formulate an annual implementation plan necessary to implement the basic plan for aviation policy. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 2-6(Establishment, etc. of Aviation Policy Committee) #

(1) The Minister of Land, Infrastructure and Transport shall establish an aviation policy committee under his/her jurisdiction for deliberation on the following matters related to aviation policy: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

1. Formulation and revision of basic plans for aviation policy;

2. Formulation and revision of annual implementation plans under Article 2-5 (6);

3. Other important matters related to aviation policy, tabled by the Minister of Land, Infrastructure and Transport for deliberation.

(2) Matters necessary for the organization structure and operation of the aviation policy committee shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 8787, Dec. 21, 2007]

Article 3(Registration of Aircraft) #

Any person who owns or leases an aircraft, and has a right to use it (hereinafter referred to as "owner, etc."), shall register such aircraft with the Minister of Land, Infrastructure and Transport: Provided, That this shall not apply to aircraft prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 4(Acquisition of Nationality) #

Aircraft registered under the provisions of Article 3 shall acquire the Republic of Korea nationality and have the rights and duties incidental thereto.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 5(Registration of Ownership, etc.) #

(1) Any acquisition, forfeiture, or alteration of the ownership to an aircraft shall become effective only after such fact is registered.

(2) The right to lease an aircraft shall become effective to a third person only after such fact is registered.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 6(Restrictions on Registration of Aircraft) #

(1) No aircraft owned or leased by any of the following persons may be registered: Provided, That this shall not apply where a national or legal entity of the Republic of Korea, or any other person with the right to use has leased that aircraft:

1. A non-national of the Republic of Korea;

2. A foreign government or foreign public organization;

3. A foreign legal entity or foreign organization;

4. A legal entity, at least 50 percent of the shares of, or a stake in, which is owned by any person falling under any of subparagraphs 1 through 3 or which is virtually controlled by such person;

5. A legal entity in whose corporate register the representative is a foreigner, or in whose corporate register at least half of its executive officers are foreigners.

(2) No aircraft with foreign nationality may be registered.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 7 #

Deleted. <by Act No. 5963, Apr. 15, 1999>

Article 8(Matters to be Registered) #

(1) Where any owner, etc. files an application for registration of an aircraft, the Minister of Land, Infrastructure and Transport shall enter the following matters in the original aircraft register: <Amended by Act No. 11690, Mar. 23, 2013>

1. The type of aircraft;

2. Manufacturer of the aircraft;

3. Serial number of the aircraft;

4. Station of the aircraft;

5. Name or title, address, and nationality of the owner or lessee and lessor;

6. Date of registration;

7. Mark of registration.

(2) Matters, other than those referred to in paragraph (1), which are necessary for the registration of aircraft, shall be determined by Presidential Decree.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 9(Issuance of Registration Certificate) #

The Minister of Land, Infrastructure and Transport shall, upon making the registration of an aircraft under the provisions of Article 8, issue to the applicant an aircraft registration certificate. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 10(Registration of Modifications) #

Where the station of an aircraft registered pursuant to Article 8 (1) 4 is modified, the owner, etc. shall apply for registration of such modification to the Minister of Land, Infrastructure and Transport within 15 days after such cause arises. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 11(Registration of Transfers) #

Where the ownership or lease of a registered aircraft is transferred, the owner, transferee, or lessee shall apply for registration of such transfer to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 12(Registration for Cancellation) #

(1) An owner, etc. shall apply for registration for cancellation to the Minister of Land, Infrastructure and Transport within 15 days after the cause arises, when his/her registered aircraft falls under any of the following subparagraphs: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

1. Where the aircraft is destroyed, ruined, or dismantled (excluding any disassembly for maintenance, rebuilding, transport, or storage);

2. Where it is unknown whether the aircraft exists or not, for at least one month: Provided, That when it is impossible to identify the aircraft’s whereabouts due to an accident, etc., within one month, the above period shall be at least two months;

3. Where he/she has transferred or leased the aircraft to a person who falls under any subparagraph of Article 6 (1) (limited to cases where the aircraft acquires foreign nationality);

4. Where he/she has lost the right to use the aircraft due to the expiration of the lease term, etc.

(2) In cases referred to in paragraph (1), if the owner, etc. fails to apply for registration for cancellation, the Minister of Land, Infrastructure and Transport shall demand that he/she make an application therefor in a prescribed period of at least seven days. <Amended by Act No. 11690, Mar. 23, 2013>

(3) If the owner, etc. fails to apply for registration for cancellation even after the demand is made under the provisions of paragraph (2), the Minister of Land, Infrastructure and Transport shall cancel the registration ex officio, and notify such fact to the owner, etc. and other interested persons. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 13(Requests for Issuance, etc. of Transcripts, etc. of Registration) #

Any person may request the Minister of Land, Infrastructure and Transport to issue a transcript or abstract of the original aircraft register or to inspect such original aircraft register. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 14(Attachment of Registration Marks) #

(1) Any owner, etc. shall, upon registering the aircraft, attach the registration mark to the aircraft according to such form, location, method, etc. determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 9780, Jun. 9, 2009; Act No. 11690, Mar. 23, 2013>

(2) Deleted. <by Act No. 5794, Feb. 5, 1999>

(3) No person shall deface the registration mark attached to an aircraft under the provisions of paragraph (1). <Amended by Act No. 9780, Jun. 9, 2009>

Article 15(Certification of Airworthiness) #

(1) Any person who desires to obtain certification (hereinafter referred to as "certification of airworthiness") stating that an aircraft is safe to fly (hereinafter referred to as "airworthiness") shall file an application therefor with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) No certificate of airworthiness can be issued to any aircraft without nationality of the Republic of Korea: Provided, That this shall not apply to aircraft prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) No aircraft for which no certificate of airworthiness falling under any of the following subparagraphs is issued shall be used for aviation: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

1. Standard airworthiness certification: Certification issued for an aircraft meeting the technical standards under Article 17 (2) and deemed to be operated safely;

2. Special airworthiness certification: Certification issued for an aircraft in the research and development stage or falling under any of the cases prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which is deemed safe to fly as a result of examination of the scope of use presented by its manufacturer, owner, etc.

(4) The term of validity of certification of airworthiness shall be one year: Provided, That such term of validity may be extended based upon the type of the aircraft, the ability of owner, etc. to maintain the aircraft (referring to the maintenance ability of any person who has obtained a maintenance organization certification where the maintenance or similar is commissioned in accordance with Article 138 (2)), etc., as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(5) In issuing the certificate of airworthiness under each of the subparagraphs of paragraph (3), the Minister of Land, Infrastructure and Transport shall inspect whether the aircraft complies with the technical standards under Article 17 (2), and then designate the operational limits of the aircraft. In such cases, if the aircraft falls under any of the following subparagraphs, it may be exempted from some of the inspections, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

1. Aircraft certified as a type under the provisions of Article 17;

2. Aircraft for which approval for certification of type is granted under the provisions of Article 17-2;

3. Aircraft manufactured by an aircraft maker certified to manufacture under the provisions of Article 17-3;

4. Aircraft imported with airworthiness approval granted by the government of the exporting country.

(6) The Minister of Land, Infrastructure and Transport may revoke the certification of airworthiness of an aircraft or suspend the validity thereof for a fixed period not exceeding six months if the owner, etc. of the aircraft fails to obtain approval under Article 19 (1) or any of the following subparagraphs is found applicable after the inspection under Article 153 (2): Provided, That when subparagraph 1 applies, the relevant certification of airworthiness shall be revoked: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

1. Where the certification of airworthiness has been obtained fraudulently or otherwise wrongfully;

2. Where the aircraft does not comply with the technical standards under Article 17 (2) as at the time the approval is granted.

(7) If the owner, etc. intends to operate an aircraft, he/she shall maintain the airworthiness of relevant aircraft.

(8) The Minister of Land, Infrastructure and Transport shall, from time to time, verify whether the owner, etc. maintains the airworthiness of relevant aircraft pursuant to paragraph (7), and may order the owner, etc. to improve the airworthiness concerning the maintenance of an aircraft, etc. or the equipment and parts thereof, or conduct inspection, maintenance, etc. so as to maintain the airworthiness of the aircraft. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 15-2(Airworthiness Approval for Aircraft, etc.) #

(1) Any person who intends to supply another person with aircraft, etc. or the equipment or parts therefor, which are manufactured, operated or maintained in the Republic of Korea, may file an application for airworthiness approval with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

(2) The Minister of Land, Infrastructure and Transport shall, upon receiving an application under paragraph (1), grant airworthiness approval if he/she concludes that the aircraft, etc. or the equipment or parts therefor comply with the technical standards pursuant to Article 17 (2) or the type approval standards for technical-standard goods under Article 20 (1) and can be operated safely. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

(3) The Minister of Land, Infrastructure and Transport may revoke airworthiness approval under paragraph (2) or suspend the validity thereof for a fixed period not exceeding six months, if any of the following subparagraphs is found to apply following an inspection under Article 153 (2): Provided, That when subparagraph 1 applies, such airworthiness approval shall be revoked: <Newly Inserted by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

1. Where the airworthiness approval has been obtained fraudulently or otherwise wrongfully;

2. Where the aircraft, etc. or the equipment or parts therefor, do not comply with the technical standards under Article 17 (2) or the type approval standards for technical-standard goods under Article 20 (1) as at the time approval therefor is granted under paragraph (2).

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 16(Certification of Aircraft’s Compliance with Noise Standards) #

(1) The owner, etc. of an aircraft prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport shall obtain certification of the aircraft’s compliance with noise standards, when he/she obtains certification of airworthiness or the noise level of the aircraft changes due to repair, modification, etc., as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) No aircraft for which no certification of the aircraft’s compliance with noise standards is issued under in paragraph (1) or which does not meet the standards for such certification, shall be operated: Provided, That this shall not apply to aircraft, the operation of which is permitted by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) The Minister of Land, Infrastructure and Transport may revoke certification of the aircraft’s compliance with noise standards granted under paragraph (1) or suspend the validity thereof for a fixed period not exceeding six months, if any of the following subparagraphs is found to apply following an inspection under Article 153 (2): Provided, That when subparagraph 1 applies, the certification of the aircraft’s compliance with noise standards shall be revoked: <Newly Inserted by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

1. Where the certification of the aircraft’s compliance with noise standards has been obtained fraudulently or otherwise wrongfully;

2. Where the aircraft does not comply with the technical standards under Article 17 (2) as at the time the certification of the aircraft’s compliance with noise standards is granted under paragraph (1).

(4) Matters necessary for certification of the aircraft’s compliance with noise standards referred to in paragraph (1) and for permission from operation as provided by the proviso to paragraph (2) shall be determined 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. 9780, Jun. 9, 2009]

Article 17(Certification of Type) #

(1) Any person who intends to manufacture aircraft, etc. may obtain certification of type from the Minister of Land, Infrastructure and Transport regarding the design of the aircraft, etc. as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. The same shall also apply where he/she desires to modify the aircraft. <Amended by Act No. 11690, Mar. 23, 2013>

(2) In issuing certification of type under paragraph (1), the Minister of Land, Infrastructure and Transport shall inspect whether the aircraft, etc. complies with the technical standards for aircraft including the following particulars (hereinafter referred to as “technical standards”), and if deemed that they comply with such technical standards, he/she shall issue a certificate of type. In such cases, the Minister of Land, Infrastructure and Transport shall publicly notify the technical standards in the Official Gazette: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

1. Airworthiness standards for aircraft, etc.;

2. Environmental standards (including noise standards) for aircraft, etc.;

3. Standards for maintaining aircraft, etc. in a state of continued airworthiness;

4. Marking methods for identification of aircraft, etc.;

5. Procedures for certification of aircraft, etc. and the equipment and parts thereof.

(3) Where a domestic manufacturer of aircraft, etc. manufactures aircraft, etc. by introducing manufacturing technology for the aircraft, etc. holding certification of type issued by a foreign country, the Minister of Land, Infrastructure and Transport can omit part of the inspection referred to in paragraph (2), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(4) Any person who intends to modify a design in order to install the equipment or parts of another type in the aircraft, etc. for which certification of type referred to in paragraph (1) is granted or approval for certification of type provided for in Article 17-2 is issued, may obtain additional certification of type (hereinafter referred to as “additional certification of type”) from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

(5) The Minister of Land, Infrastructure and Transport may revoke the certification of type under paragraph (1) or the additional certification of type under paragraph (4), or suspend the validity of the certification of type or additional certification of type for the relevant aircraft, etc. for a fixed period not exceeding six months, if any of the following subparagraphs is found to apply following an inspection under Article 153 (2): Provided, That when subparagraph 1 applies, the certification of type or additional certification of type shall be revoked: <Newly Inserted by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

1. Where the certification of type or additional certification of type has been obtained fraudulently or otherwise wrongfully;

2. Where the aircraft, etc. does not comply with the technical standards as at the time the certification of type or additional certification of type is granted.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 17-2(Approval for Certification of Type for Imported Aircraft, etc.) #

(1) Any aircraft maker which intends to export to the Republic of Korea aircraft, etc. with certification of type regarding the design of aircraft, etc. issued by a foreign government may obtain approval (hereinafter referred to as "approval for certification of type") from the Minister of Land, Infrastructure and Transport as to whether certification of type issued by the foreign government for each classification of types of aircraft, etc., complies with technical standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) In approving certification of type under the provisions of paragraph (1), the Minister of Land, Infrastructure and Transport shall inspect whether the aircraft, etc. in question conform with technical standards: Provided, That the aircraft, etc. which have been issued certification of type by any of foreign countries that have concluded an aviation safety accord with the Republic of Korea concerning the airworthiness of aircraft, etc. can be partially exempt from such inspection, as prescribed by the accord. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

(3) When the Minister of Land, Infrastructure and Transport recognizes that the relevant aircraft, etc. conform with technical standards, following an inspection under the provisions of paragraph (2), he/she shall issue a written approval of certification of type, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(4) With respect to aircraft, etc. for which certification of type under Article 17 or the approval for certification of type under paragraph (1) is granted, if they involve additional certification of type issued by a foreign government regarding their design, the Minister of Land, Infrastructure and Transport may grant approval for additional certification of type (hereinafter referred to as “approval for additional certification of type”), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

(5) In granting approval for additional certification of type under paragraph (4), the Minister of Land, Infrastructure and Transport shall inspect whether the aircraft, etc. in question conform with technical standards: Provided, That matters granted additional certification of type by any other foreign countries that have concluded an aviation safety accord with the Republic of Korea concerning the airworthiness of aircraft, etc. can be partially exempt from such inspection, as prescribed by the accord. <Newly Inserted by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

(6) The Minister of Land, Infrastructure and Transport may revoke approval for certification of type of aircraft, etc. or approval for additional certification of type thereof, or suspend the validity thereof for a fixed period not exceeding six months, if any of the following subparagraphs is found to apply following an inspection under Article 153 (2): Provided, That when subparagraph 1 applies, the approval for certification of type or approval for additional certification of type shall be revoked: <Newly Inserted by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

1. Where the approval for certification of type or approval for additional certification of type has been obtained fraudulently or otherwise wrongfully;

2. Where the aircraft, etc. do not comply with the technical standards as at the time the approval for certification of type or approval for additional certification of type is granted.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 17-3(Certification of Manufacture) #

(1) Any person who intends to manufacture aircraft, etc. issued with certification of type under the provisions of Article 17 may obtain certification verifying that he/she possesses technology, facilities, manpower, quality control systems, etc. that make it possible for him/her to manufacture the aircraft, etc. in compliance with technical standards (hereinafter referred to as “certification of manufacture”) from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

(2) Where any person who manufactures aircraft, etc. issued with certification of type under the provisions of Article 17 obtains certification of manufacture from a certificating institution holding a high international acclaim and is prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he/she shall be deemed to obtain certification of manufacture under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>

(3) The Minister of Land, Infrastructure and Transport may revoke the certification of manufacture or suspend the validity thereof for a fixed period not exceeding six months, if any of the following subparagraphs is found to apply following an inspection under Article 153 (2): Provided, That when subparagraph 1 applies, the certification of manufacture shall be revoked: <Newly Inserted by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

1. Where the certification of manufacture has been obtained fraudulently or otherwise wrongfully;

2. Where the aircraft, etc. do not comply with the technical standards as at the time the certification of manufacture is granted.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 18(Changes in Criteria for Inspection of Airworthiness Certification) #

If technical standards are revised, and the type of aircraft for which certification of type is issued pursuant to Article 17, ceases to comply with the revised standards, the owner, etc. shall obtain approval for airworthiness from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 19(Approval for Repairs and Modifications) #

(1) If the owner, etc. of aircraft for which certification of airworthiness is granted intends to repair or modify the aircraft, etc. or the equipment and parts therefor within the scope prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he/she shall obtain approval for the compliance of such repair or modification with technical standards (hereinafter referred to as "approval for repair or modification") from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The owner, etc. shall be prohibited from using the aircraft, etc. or the equipment or parts therefor, for which approval for repair or modification is not granted, for operation or other aircraft, etc.

(3) In cases falling under any of the following subparagraphs, notwithstanding the provisions of paragraph (1), if it complies with technical standards, approval for repair or modification shall be deemed granted:

1. Where any person who has obtained approval of type under Article 20 repairs or modifies technical-standard goods which have been manufactured by him/her;

2. Where any person certified as a manufacturer of parts, etc. under Article 20-2 repairs or modifies the equipment or parts manufactured by him/her;

3. Where any person certified as a maintenance organization under Article 138, repairs or modifies aircraft, etc. or the equipment or parts therefor.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 20(Approval of Type for Technical-Standard Goods) #

(1) Any person who intends to design and manufacture equipment prescribed and published by the Minister of Land, Infrastructure and Transport to ensure aircraft safety, etc. (excluding cases of designing and manufacturing such equipment for testing or research and development; hereinafter referred to as “technical-standard goods”) shall obtain approval of type regarding the design and manufacture of the technical-standard goods from the Minister of Land, Infrastructure and Transport, in accordance with the type approval standards for technical-standard goods determined and publicly notified by the Minister of Land, Infrastructure and Transport: Provided, That the technical-standard goods that have been granted approval of type by any country that has concluded an aviation safety accord regarding approval of the type of technical-standard goods with the Republic of Korea and are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport shall be deemed granted approval of type in accordance with the provisions of the main sentence. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

(2) In granting approval of type for technical-standard goods under paragraph (1), the Minister of Land, Infrastructure and Transport shall inspect whether the technical-standard goods conform to the type approval standards for technical-standard goods regarding the design and manufacture thereof. <Newly Inserted by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

(3) Any technical-standard goods not granted approval of type under paragraph (1) shall be prohibited from being manufactured and sold or from being used for aircraft, etc. <Amended by Act No. 11244, Jan. 26, 2012>

(4) The Minister of Land, Infrastructure and Transport may revoke approval of a type for technical-standard goods or suspend the validity thereof for a fixed period not exceeding six months, if any of the following subparagraphs is found to apply following an inspection under Article 153 (2): Provided, That when subparagraph 1 applies, the approval of type for technical-standard goods shall be revoked: <Newly Inserted by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

1. Where the approval of type for technical-standard goods has been obtained fraudulently or otherwise wrongfully;

2. Where the technical-standard goods do not comply with the type approval standards for technical-standard goods as at the time the approval of type for the technical-standard goods is granted under paragraph (1).

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 20-2(Certification as Manufacturers of Parts, etc.) #

(1) Any person who intends to manufacture equipment or parts to be used for aircraft, etc. shall obtain certification that he/she has the manpower, facilities, technology, test system, etc. that enable him/her to manufacture the equipment or parts in compliance with technical standards (hereinafter referred to as "certification as a manufacturer of parts, etc.") from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That the same shall not apply where he/she manufactures the equipment or parts falling under any of the following subparagraphs: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

1. The equipment or parts of the same type manufactured by the manufacturer of the equipment or parts mounted on any imported aircraft, etc. at the time certification of type or additional certification of type is granted under Article 17 or at the time approval for certification of type or approval for additional certification of type is granted;

2. The technical-standard goods manufactured with approval of type under Article 20;

3. Other equipment or parts prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

(2) Manufacture, sale, or use for aircraft, etc. or equipment of any equipment or parts for which no certification as a manufacturer of parts, etc. under paragraph (1) is granted shall be prohibited. <Amended by Act No. 11244, Jan. 26, 2012>

(3) Any person certified as a manufacturer of parts, etc. from any country that has concluded an aviation safety accord on certification as a manufacturer of parts, etc. with the Republic of Korea shall be deemed granted certification as a manufacturer of parts, etc. under paragraph (1). <Amended by Act No. 11244, Jan. 26, 2012>

(4) The Minister of Land, Infrastructure and Transport may revoke certification as a manufacturer of parts, etc. or suspend the validity thereof for a fixed period not exceeding six months, if any of the following subparagraphs is found to apply following an inspection under Article 153 (2): Provided, That when subparagraph 1 applies, the certification as a manufacturer of parts, etc. shall be revoked: <Newly Inserted by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

1. Where certification as a manufacturer of parts, etc. has been obtained fraudulently or otherwise wrongfully;

2. Where equipment or parts do not comply with the technical standards as at the time the certification as the manufacturer of parts, etc. is granted.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 20-3(Imposition of Penalty Surcharges) #

(1) In issuing an order to suspend the validity of the certification of type, additional certification of type, certification of manufacture, approval of type for technical-standard goods, or certification as a manufacturer of parts, etc. under Article 17 (5), 17-3 (3), 20 (4), or 20-2 (4), if the suspension of the validity of such certification or approval is likely to severely inconvenience users, etc. of the aircraft or undermine public interests, the Minister of Land, Infrastructure and Transport may impose a penalty surcharge not exceeding one hundred million won in lieu of a disposition suspending the validity of such certification or approval.

(2) The amount of a penalty surcharge imposed pursuant to paragraph (1) depending on the type and severity of a violation, and other necessary matters, shall be prescribed by Presidential Decree.

(3) If a person liable to pay a penalty surcharge pursuant to paragraph (1) fails to pay it by the payment deadline, the Minister of Land, Infrastructure and Transport shall collect it in the same manner as delinquent national taxes are collected.

[This Article Newly Inserted by Act No. 13381, Jun. 22, 2015]

Article 21 #

Deleted. <by Act No. 7024, Dec. 30, 2003>

Article 22(Validation of Maintenance Works, etc. of Aircraft, etc.) #

Where aircraft, etc. or the equipment or parts therefor had undergone maintenance works (the minor maintenance works specified by Ordinance of the Ministry of Land, Infrastructure and Transport and the repair and modification under Article 19 (1) shall be excluded herefrom), the owner, etc. may not operate the aircraft, etc. in aviation, unless it is validated by a person who holds a certification of qualification as an aircraft mechanic under subparagraph 9 of Article 26 that the aircraft, etc. or the equipment or parts therefor comply with the relevant technical standards: Provided, That aircraft, etc. may be operated in aviation if the maintenance works on aircraft, etc. or the equipment or parts therefor are performed in a region outside of the Republic of Korea where it is impracticable to obtain such validation and if the safety of the aircraft, etc. or the equipment or parts therefor is validated by a person who has the qualification specified 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. 9780, Jun. 9, 2009]

Article 22-2(Duty to Report Failures, Malfunctions or Defects in Aircraft, etc.) #

(1) If a person who has been granted certification of type, additional certification of type, certification of manufacture, approval of type for technical-standard goods, or certification as a manufacturer of parts, etc. discovers that the aircraft, etc. or the equipment or parts thereof that he/she has manufactured or for which he/she has obtained certification have any failure, defect or malfunction specified by Ordinance of the Ministry of Land, Infrastructure and Transport due to any defect in design or manufacturing, he/she shall report such fact to the Minister of Land, Infrastructure and Transport as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

(2) If any air transportation business entity under Article 49 (2) 3, any owner, etc. specified by Presidential Decree, including any aircraft-using business entity under Article 74 (3), or any person who has been granted the maintenance organization certification under Article 138 (1) discovers that an aircraft has any failure, defect or malfunction specified by Ordinance of the Ministry of Land, Infrastructure and Transport while operating or maintaining the aircraft, he/she shall report such fact to the Minister of Land, Infrastructure and Transport as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

[This Article Newly Inserted by Act No. 12706, May 28, 2014]

Article 23(Ultra-Light Planes, etc.) #

(1) Any person who owns any ultra-light plane shall report on the kind and use of such ultra-light plane, the name of the owner, whether to be used for collecting personal information and personal location information under Article 23-4, etc., with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; and shall attach the filing number to such ultra-light plane after such number is issued by the Minister of Land, Infrastructure and Transport: Provided, That this shall not apply to ultra-light planes prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14114, Mar. 29, 2016>

(2) Any person who desires to fly an ultra-light plane prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as a powered aerial vehicle, in the aerial zone publicly notified by the Minister of Land, Infrastructure and Transport wherein any flight by an ultra-light plane is limited, shall obtain prior flight approval from the Minister of Land, Infrastructure and Transport, as determined by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That this shall not apply where he/she desires to make such a flight in and around an airfield or flying field referred to in Article 75-2 (1) or in a limited space prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014>

(3) Any person who desires to fly an ultra-light plane prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as a powered aerial vehicle, shall obtain certification from the head of an institution or organization designated by Ordinance of the Ministry of Land, Infrastructure and Transport, issued based on the qualification criteria, examination procedures, and methods, etc. by an ultra-light plane, determined by the head of the institution or organization, to the effect that he/she is qualified to operate the ultra-light plane (hereinafter referred to as “certification as an ultra-light plane operator”). In such cases, the qualification criteria, examination procedures, and methods, etc. by an ultra-light plane shall be subject to approval by the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; the same shall also apply to any modifications to any of such approved matters. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014>

(4) Except cases prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as a test flight, etc. in which permission from the Minister of Land, Infrastructure and Transport is granted, no person who desires to fly an ultra-light plane prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as a powered aerial vehicle, shall do so without obtaining safety certification from the head of an institution or organization designated by Ordinance of the Ministry of Land, Infrastructure and Transport, to the effect that, in accordance with the term of validity of, and the procedures and methods for, safety certification determined by the head of an institution or organization, such equipment is compatible with the technical criteria for flight safety, determined and publicly notified by the Minister of Land, Infrastructure and Transport. In such cases, the term of validity of, and the procedures and methods for, safety certification shall be subject to approval by the Minister of Land, Infrastructure and Transport; the same shall also apply to any modifications to any of such approved matters. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014>

(5) No person entitled to own or use an ultra-light plane shall use it for profit: Provided, That this shall not apply where he/she has purchased an insurance policy or mutual aid determined by Ordinance of the Ministry of Land, Infrastructure and Transport for any of the following: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 12256, Jan. 14, 2014>

1. Use in the aircraft leasing service;

2. Use in the business using ultra-light planes;

3. Use in the air leisure sport business.

(6) The Minister of Land, Infrastructure and Transport may designate as a specialized educational institution, an institution which satisfies the standards for manpower, facilities, etc. designated by Ordinance of the Ministry of Land, Infrastructure and Transport for educating and training operators of ultra-light planes. <Amended by Act No. 11690, Mar. 23, 2013>

(7) Where an ultra-light plane has an accident, the operator of the plane shall, without delay, report it to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where the operator is unable to report, the owner of the ultra-light plane shall report thereon. <Amended by Act No. 11690, Mar. 23, 2013>

(8) The operator of an ultra-light plane shall comply with matters to be observed prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in operating the ultra-light plane to prevent harm to human lives or property. <Amended by Act No. 11690, Mar. 23, 2013>

(9) Any person who desires to fly an ultra-light plane in the aerial zone publicly notified by the Minister of Land, Infrastructure and Transport wherein any flight by an ultra-light plane is limited, shall install therein or carry a device prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to ensure flight safety and a prompt rescue in cases of an accident: Provided, That this shall not apply to the ultra-light plane prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as unmanned aerial vehicles. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 23-2(Reporting Modification, etc. of Ultra-Light Planes) #

(1) When any person who owns an ultra-light plane intends to modify any such matters reported pursuant to Article 23 (1), he/she shall file a report on such modification with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) When any person who owns an ultra-light plane transfers the ownership of a reported ultra-light plane, he/she shall file a report on such transfer with the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) When a reported ultra-light plane is destroyed, ruined, or dismantled (excluding any dismantlement made for maintenance, rebuilding, transport, or storage), any person who owns any ultra-light plane shall file a report of cancellation thereof with the Minister of Land, Infrastructure and Transport within 15 days after the cause arises. <Amended by Act No. 11690, Mar. 23, 2013>

(4) If the owner of any ultra-light plane fails to file a report of cancellation under paragraph (3), the Minister of Land, Infrastructure and Transport shall demand that he/she file a report of cancellation within a fixed period of at least 30 days. <Newly Inserted by Act No. 12256, Jan. 14, 2014>

(5) If the owner of an ultra-light plane fails to file a report of cancellation even after the demand is made under paragraph (4), the Minister of Land, Infrastructure and Transport may cancel the report number thereof ex officio and shall notify the owner of an ultra-light plane and other interested persons thereof, upon cancellation of the report number. <Newly Inserted by Act No. 12256, Jan. 14, 2014>

[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]

Article 23-3(Revocation, etc. of Certification as Ultra-Light Plane Operator) #

The Minister of Land, Infrastructure and Transport may revoke certification as an ultra-light plane operator or suspend the validity thereof for a fixed period not exceeding one year if the ultra-light plane operator falls under any of the following subparagraphs: Provided, That when he/she falls under subparagraph 2 or 5, his/her certification as an ultra-light plane operator shall be revoked: <Amended by Act No. 11690, Mar. 23, 2013>

1. Where he/she is sentenced to a fine or heavier punishment for violating this Act;

2. Where he/she obtained his/her certification as an ultra-light plane operator by fraud or other improper means;

3. Where he/she causes an ultra-light plane accident deliberately or by gross negligence, resulting in personal injury or property damage in the course of performing his/her duty as an ultra-light plane operator;

4. Where he/she fails to comply with matters to be observed by ultra-light plane operators under Article 23 (8);

5. Where he/she operates an ultra-light plane in violation of an order to suspend the validity of his/her certification as an ultra-light plane operator under this Article.

[This Article Newly Inserted by Act No. 11244, Jan. 26, 2012]

Article 23-4(Duty of Users of Unmanned Aerial Vehicles to Protect Personal Information, etc.) #

Where personal information defined in subparagraph 1 of Article 2 of the Personal Information Protection Act (hereinafter referred to as “personal information”) or personal location information defined in subparagraph 2 of Article 2 of the Act on the Protection, Use, etc. of Location Information (hereinafter referred to as “personal location information”) is collected or transmitted using unmanned aerial vehicles, such personal information and personal location information shall be protected as provided for in each such Act.

[This Article Newly Inserted by Act No. 14114, Mar. 29, 2016]

Article 24(Light Aircraft, etc.) #

(1) Deleted. <By Act No. 12256, Jan. 14, 2014>

(2) Except in cases of a test flight, etc. prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport with permission from the Minister of Land, Infrastructure and Transport, no person entitled to own or use a light aircraft (hereinafter referred to as “owner, etc. of a light aircraft”) shall fly the plane without obtaining safety certification from the head of an institution or organization designated by Ordinance of the Ministry of Land, Infrastructure and Transport, to the effect that, in accordance with the term of validity of, and the procedures and methods for, safety certification determined by the head of an institution or organization, such aircraft is compatible with the technical criteria for flight safety, determined and publicly notified by the Minister of Land, Infrastructure and Transport. In such cases, the term of validity of, and the procedures and methods for, safety certification shall be subject to approval by the Minister of Land, Infrastructure and Transport; the same shall also apply to any modifications to the approved matters. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014>

(3) When the head of an institution or organization designated by Ordinance of the Ministry of Land, Infrastructure and Transport grants safety certification under paragraph (2), he/she shall assign safety certification grades as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and designate the scope of operation according to such grades. In such cases, any person who desires to fly a light aircraft shall observe the scope of operation according to its grade when making such a flight. <Newly Inserted by Act No. 12256, Jan. 14, 2014>

(4) When the owner, etc. of a light aircraft repaired the aircraft or the equipment or parts therefor, he/she shall not make any flight without obtaining validation from a person with a certification of qualification as an aircraft mechanic under subparagraph 9 of Article 26 to the effect that the aircraft is safe to fly, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That this shall not apply regarding any minor maintenance determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014>

(5) The owner, etc. of a light aircraft shall subscribe to an insurance policy or mutual aid designated by Ordinance of the Ministry of Land, Infrastructure and Transport, to compensate for the death suffered or any bodily injury sustained by another person (in the case of his/her death, referring to a person entitled to recover damages) due to the flight of the aircraft, before he/she obtains the safety certification under paragraph (2). <Amended by Act No. 12256, Jan. 14, 2014>

(6) A light aircraft pilot shall comply with matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in operating the light aircraft to prevent any harm to human lives or property. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014>

(7) Any person who desires to fly a light aircraft shall be prohibited from using such aircraft for commercial purposes: Provided, That this shall not apply where such aircraft is used for any aircraft leasing service or air leisure sport business. <Amended by Act No. 12256, Jan. 14, 2014>

(8) Where a light aircraft is involved in an accident, the aircraft pilot shall, without delay, report it to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where the operator is unable to make such report, the owner of the light aircraft shall report thereon. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014>

(9) With respect to light aircraft, the provisions of Articles 3 through 6, 8 through 14, 33, 34, 35, 36, 38-2, 39, 47, 54, and 70 shall apply mutatis mutandis. <Amended by Act No. 12256, Jan. 14, 2014>

[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]

Article 25(Certification of Qualifications, etc. for Aircrew) #

(1) Any person who intends to engage in providing air services or to fly a light aircraft shall obtain certification of qualification as aircrew (hereinafter referred to as "certification of qualification") from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That this shall not apply to air services associated with the operation of unmanned aircraft. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

(2) No person in any of the following categories shall be eligible for certification of qualification:

1. A person younger than:

(a) 17 years old, as a private pilot or for a light aircraft pilot (16 years old, as a private glider pilot);

(b) 18 years old, as a commercial pilot, assistant pilot, flight navigator, flight engineer, air traffic controller, or aircraft mechanic;

(c) 21 years old, as an airline transport pilot or a flight dispatcher;

2. Any person for whom two years have not elapsed from the date his/her certification of qualification was revoked after being subjected to a disposition taken to revoke such certification under the provisions of Article 33 (1).

(3) Notwithstanding paragraphs (1) and (2), any military air traffic controller who controls aircraft at any air operations base governed by the Protection of Military Bases and Installations Act may perform his/her duties by obtaining accreditation of an qualification from the Minister of National Defense.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 26(Classification of Certification of Qualification) #

Certification of qualification shall be classified as follows:

1. Airline transport pilot;

2. Commercial pilot;

3. Private pilot;

4. Assistant pilot;

5. Light aircraft pilot;

6. Flight navigator;

7. Flight engineer;

8. Air traffic controller;

9. Aircraft mechanic;

10. Flight dispatcher.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 27(Scope of Services) #

(1) No person holding a certification of qualification shall engage in providing any air service other than that for which he/she is so qualified. <Amended by Act No. 9780, Jun. 9, 2009>

(2) The scope of services by certification of qualification as aircrew under paragraph (1) shall be as shown in the attached Table. <Amended by Act No. 9780, Jun. 9, 2009>

(3) Deleted. <by Act No. 6944, Jul. 25, 2003>

(4) The provisions of paragraphs (1) and (2) shall not apply where a person boards and operates an aircraft prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (including handling of fuselage and engines on board the aircraft; hereinafter the same shall apply), and where a person conducts a test flight, etc. on board a new category, class, or type of aircraft, with permission from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 9780, Jun. 9, 2009; Act No. 11690, Mar. 23, 2013>

Article 28(Limitation on Certification of Qualifications) #

(1) The Minister of Land, Infrastructure and Transport may limit the certification of qualifications as follows: <Amended by Act No. 11690, Mar. 23, 2013>

1. For a qualification as an airline transport pilot, commercial pilot, private pilot, assistant pilot, or flight engineer: The category, class, or type of aircraft;

2. For a light aircraft pilot: The category of light aircraft;

3. For a qualification as an aircraft mechanic: The category of aircraft and the scope of maintenance services.

(2) No aircrew member whose certification of qualification is limited under paragraph (1) shall engage in the aircraft of the category, class, or type other than that of the limited aircraft, or in providing any air service beyond the limited scope of service.

(3) Detailed matters necessary for limiting certification of qualification under paragraph (1) shall be 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. 9780, Jun. 9, 2009]

Article 29(Conducting and Exemption from Examinations) #

(1) Any person who desires to obtain certification of qualification, shall pass the examination on academic subjects and practical test conducted by the Minister of Land, Infrastructure and Transport regarding the knowledge and capabilities necessary for engaging in air service, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 9780, Jun. 9, 2009; Act No. 11690, Mar. 23, 2013>

(2) Where the Minister of Land, Infrastructure and Transport restricts certification of qualification by the category, class or type of aircraft (including certification of instrument flights and practice flights under Article 34) under Article 28, he/she shall examine the flight careers, maintenance careers, etc. In such cases, the restriction on the initial certification of qualification on category and class may be examined by the practical test. <Amended by Act No. 9780, Jun. 9, 2009; Act No. 11690, Mar. 23, 2013>

(3) Deleted. <by Act No. 5794, Feb. 5, 1999>

(4) The Minister of Land, Infrastructure and Transport may fully or partially exempt the following persons from the test and examination referred to in paragraphs (1) and (2), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 9780, Jun. 9, 2009; Act No. 11690, Mar. 23, 2013>

1. Person who has a certification of qualification issued by a foreign government;

2. Person who has completed a training course conducted by any specialized educational institution provided for in Article 29-3;

3. Person with business experience;

4. Person qualified in the aeronautical technology field under the National Technical Qualifications Act.

Article 29-2(Practical Test for Certification of Qualification Using Flight Simulators) #

(1) The Minister of Land, Infrastructure and Transport may conduct the practical test referred to in Article 29 (1) using flight simulators in place of actual aircraft. <Amended by Act No. 11690, Mar. 23, 2013>

(2) A flight career using a flight simulator designated by the Minister of Land, Infrastructure and Transport shall be deemed a flight career using aircraft referred to in Article 29 (2). <Amended by Act No. 11690, Mar. 23, 2013>

(3) Matters necessary for standards for designating flight simulators, the recognition of flight career experience, etc. under the provisions of paragraph (2) shall be 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. 9780, Jun. 9, 2009]

Article 29-3(Designation and Support for Specialized Educational Institutions) #

(1) The Minister of Land, Infrastructure and Transport may designate any specialized educational institution for aircrew (hereinafter referred to as "specialized educational institution") to train aircrew, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The Minister of Land, Infrastructure and Transport may provide specialized educational institutions designated pursuant to paragraph (1) with necessary support, within budgetary limits, to fully or partially cover expenses incurred in training aircrew to engage in the air transportation business. <Newly Inserted by Act No. 10162, Mar. 22, 2010; Act No. 11690, Mar. 23, 2013>

(3) The standards for designating any specialized educational institution shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(4) Where any person designated as a specialized educational institution fails to meet the designation standards referred to in paragraph (3), the Minister of Land, Infrastructure and Transport may revoke his/her designation. <Amended by Act No. 10162, Mar. 22, 2010; Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 29-4(Electronic Processing of Data concerning Aviation Education and Collection and Management of Information) #

(1) The Minister of Land, Infrastructure and Transport may build and operate a system to provide citizens with information on aviation education and training and to systematically manage aviation education and training institutions including specialized educational institutions (hereinafter referred to as “integrated aviation education and training management system”).

(2) The Minister of Land, Infrastructure and Transport may request air transport service providers, aviation education and training institutions, etc. to provide materials or information necessary to build and operate the integrated aviation education and training management system. In such cases, any person requested to provide materials or information shall comply therewith, except in extenuating circumstances.

[This Article Newly Inserted by Act No. 13810, Jan. 19, 2016]

Article 30 #

Deleted. <by Act No. 7691, Nov. 8, 2005>

Article 31(Certification of Medical Examination for Aircrew) #

(1) Any person who falls under any of the following subparagraphs, among those certified with a qualification under subparagraphs 1 through 8 of Article 26 shall obtain certification of medical examinations for aircrew by certification of qualification from the Minister of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013>

1. Any person engaged in air service on board an aircraft, who is accredited under subparagraphs 1 through 4, 6 and 7 of Article 26 (hereinafter referred to as "flight crew");

2. Any person who boards and operates a light aircraft after obtaining certification of qualification under subparagraph 5 of Article 26;

3. Any person who desires to engage in providing air services as an air traffic controller after certified with a qualification under subparagraph 8 of Article 26.

(2) Matters necessary for the standards and methods for, and the term of valid, etc. of, certification of medical examinations for aircrew for each certification of qualification under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) Where a person subject to certification of medical examinations for aircrew meets the standards for certification of medical examinations for aircrew under paragraph (2), the Minister of Land, Infrastructure and Transport shall issue to him/her, a certificate of medical examination for aircrew. <Amended by Act No. 11690, Mar. 23, 2013>

(4) Even if a person subject to certification of medical examinations for aircrew partially fails to meet the standards for certification of medical examinations for aircrew by certification of qualification under paragraph (2), the Minister of Land, Infrastructure and Transport may issue to him/her a certificate of medical examinations for aircrew with limited scope of the relevant air services, if deemed necessary in consideration of the experience and competence of the person subject to certification of medical examinations for aircrew, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(5) Any person dissatisfied with the results of certification of medical examinations for aircrew by certification of qualification under paragraph (1) may raise an objection, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(6) Where the Minister of Land, Infrastructure and Transport has made a determination on an objection under paragraph (5), he/she shall, without delay, inform the applicant of the details of such determination. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 31-2(Designation, etc. of Specialized Aviation Doctors) #

(1) The Minister of Land, Infrastructure and Transport may designate a specialized doctor specially educated in aeronautic medical science (hereinafter referred to as "specialized aviation doctor") to efficiently and professionally conduct certification of medical examinations for aircrew by certification of qualification under Article 31, and allow him/her to certify aviation medical examinations under the said Article. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Matters necessary for the standards, procedures, etc. for designating specialized aviation doctors shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) Specialized aviation doctors shall complete specialized education regularly conducted by the Minister of Land, Infrastructure and Transport, 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. 9780, Jun. 9, 2009]

Article 31-3(Revocation, etc. of Designation of Specialized Aviation Doctors) #

(1) Where any specialized aviation doctor falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may revoke the designation or order suspension of the validity of the designation for a fixed period not exceeding one year; where falling under any of subparagraphs 1 through 4, such designation shall be revoked: <Amended by Act No. 11690, Mar. 23, 2013>

1. Where a specialized aviation doctor ceases to meet any of the standards for designation referred to in Article 31-2 (2);

2. Where a specialized aviation doctor wrongfully issues a certificate of medical examinations for aircrew deliberately or by gross negligence;

3. Where a specialized aviation doctor is subjected to revocation or suspension of his/her qualification pursuant to Article 65 or 66 of the Medical Service Act;

4. Where a specialized aviation doctor requests revocation of his/her designation;

5. Where a specialized aviation doctor fails to complete specialized education under Article 31-2 (3);

6. Where a specialized aviation doctor neglects to perform any of the services prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport pursuant to Article 31 (2).

(2) Necessary matters regarding the details, etc. of procedures to revoke designation of specialized aviation doctors and the suspension of validity of such designation shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]

Article 32(Orders for Medical Examinations for Aircrew) #

When the Minister of Land, Infrastructure and Transport deems it especially necessary, he/she may order flight crew and air traffic controllers whose certificates of medical examinations for aircrew are still valid, to undergo medical examinations under the provisions of Article 31. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 33(Revocation, etc. of Certification of Qualification and Medical Examinations for Aircrew) #

(1) When any aircrew member falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may revoke his/her certification of qualification or his/her limited certification of qualification (hereafter referred to as "certification of qualification, etc" in this Article) or order to suspend the validity of his/her certification of qualification, etc. for a fixed period not exceeding one year: Provided, That where any aircrew member falls under subparagraph 2 or 32, such certification of qualification, etc. shall be revoked: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

1. When an aircrew member is sentenced to a fine or heavier punishment for violating this Act;

2. When an aircrew member obtains certification of qualification, etc. illegally;

3. When an aircrew member causes an aircraft accident resulting in personal injury or property damage deliberately or by gross negligence in the course of performing his/her duties;

4. When an air traffic controller risks collision, which constitutes an aircraft incident, deliberately or by gross negligence in the course of performing his/her duties;

5. When an aircrew member engaged in the validation of maintenance works pursuant to Article 22 falsely validates aircraft, etc. or the equipment or parts therefor as conforming to the relevant technical standards;

6. When an aircrew member violates Article 27 (1) by engaging in any air service, other than one allowed by the class of his/her certification of qualification;

7. When an aircrew member who has a limitation on his/her certification of qualification violates Article 28 (2) by engaging in any air service, other than those in the category, class, or type of an aircraft or engaging in any maintenance works, other than those to which his/her certification of qualification is limited;

8. When an aircrew member violates Article 31 (1) (including cases to which the said provision shall apply mutatis mutandis pursuant to Article 35 (4)) by engaging in any air service or practice flights, without certification of medical examinations for aircrew;

9. When an aircrew member violates Article 34 (1) by making an instrument flight or operating an aircraft in instrument flight mode without an instrument flight certificate;

10. When an aircrew member violates Article 34 (2) by conducting flight instructions without flight instruction certification;

11. When an aircrew member violates Article 34-2 (1) by engaging in an air service under any subparagraph of the said paragraph without a certificate of English proficiency for aviation;

12. When an aircrew member violates Article 38-2 (1) by flying in a non-controlled airspace or an airspace requiring attention without following the flying method and procedure prescribed and announced by the Minister of Land, Infrastructure and Transport;

13. When an aircrew member violates Article 38-2 (2) by flying in prohibited airspace without permission therefor, or without following the flying method and procedure prescribed by the Minister of Land, Infrastructure and Transport;

14. When an aircrew member violates Article 45 by operating an aircraft for the air transportation business or the aircraft-using business, or engaging in instrument flights, nighttime flights, or the flight instruction under Article 34 (2), without flight experience specified by Ordinance of the Ministry of Land, Infrastructure and Transport;

15. When an aircrew member violates Article 47 (1) by engaging in an air service (including practice flights) in a state wherein he/she is unable to perform the service normally under the influence of any alcoholic beverage, etc.;

16. When an aircrew member violates Article 47 (2) by consuming or using any alcoholic beverage, etc. under paragraph (1) of the said Article while engaging in an air service (including practice flights);

17. When an aircrew member violates Article 47 (3) by refusing to comply with a request to indicate whether he/she has consumed or used any alcoholic beverage, etc. under paragraph (1) of the said Article;

18. When a flight crew member or an air traffic controller, who fails to meet the standards for certification of medical examinations for aircrew under Article 31 (2), violates Article 48 by engaging in an air service (including practice flights);

19. When an aircrew member hinders aviation safety under Article 49-3 (1), or causes moderate hindrance to aviation safety under Article 49-4 (1), deliberately or by gross negligence;

20. When an aircrew member fails to perform any of his/her duties as a plane captain under any provision of Article 50 (2) or (4) through (6);

21. When a pilot operates an aircraft without accreditation or examination on his/her qualification as flight under Article 51;

22. When a plane captain violates Article 52 (2) by starting an aircraft or altering his/her flight plan without approval from a flight dispatcher;

23. When a pilot violates Article 53 by taking off or landing in any area, other than that allowed for taking off and/or landing;

24. When a pilot violates Article 54 (1) by flying in defiance of flight rules;

25. When an aircrew member violates Article 55 by doing any prohibited act while flying;

26. When an aircrew member violates Article 59 (1) by transporting a hazardous substance by an aircraft without permission;

27. When an aircrew member violates Article 70 (1) by disobeying an order and time for moving, taking off, or landing or the flying mode, as instructed by the Minister of Land, Infrastructure and Transport;

28. When an aircrew member violates Article 74 (2) by providing an air service, without carrying his/her certificate of qualification and certificate of medical examinations for aircrew or his/her certificate of qualification specified by Ordinance of the Ministry of Land, Infrastructure and Transport with him/her;

29. When an aircrew member violates Article 74-3 by flying, or providing his/her service, without complying with the flight technology criteria under Article 74-2;

30. When an aircrew member violates Article 115-2 (4) by flying or providing his/her service, without complying with the operational criteria under paragraph (2) of the said Article;

31. When an aircrew member violates Article 116 (3) by providing his/her service, without observing the flight manual or the maintenance control manual under paragraph (1) of the said Article;

32. When an aircrew member violates an order to suspend his/her certification of qualification, etc. under this Article by providing an air service during the suspension period.

(2) When any aircrew member falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may revoke certification of medical examinations for aircrew or order suspension of the validity of such certification for a fixed period not exceeding one year: Provided, That where any aircrew member falls under subparagraph 1, his/her certification of medical examinations for aircrew shall be revoked: <Amended by Act No. 11690, Mar. 23, 2013>

1. When an aircrew member obtains certification of medical examinations for aircrew illegally;

2. When an aircrew member is deemed to be unfit for air services because he/she ceases to meet any of the standards for certification of medical examinations for aircrew under the provisions of Article 31 (2);

3. When an aircrew member violates any of the provisions of Article 32, 47, 48, or 74 (2) (excluding where he/she fails to carry his/her certificate of qualification).

(3) Where any person applying for the test for certification of qualification, etc. or subject to other examinations commits a crime in relation to such test or examinations, or any other person undergoing the medical examinations for aircrew commits a crime in relation to such medical examinations, he/she shall be prohibited from applying for the test for certification of qualification, etc. or from undergoing other examinations under this Act, and from undergoing the medical examination under this Act for two years, respectively from the date he/she commits such crime.

(4) Standards and procedures for making dispositions under the provisions of paragraphs (1) and (2) and other necessary matters shall be 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. 9780, Jun. 9, 2009]

Article 34(Certification of Instrument Flight and Flight Instruction) #

(1) Where a person who obtains accreditation as an airline transport pilot (limited to where he/she flies a rotor aircraft), commercial pilot, private pilot or assistant pilot intends to make any flight in any of the following cases using an aircraft which he/she is allowed to fly, he/she shall obtain certification for instrument flight from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013>

1. Instrument flight;

2. Flight by instrument flight mode.

(2) Any person who desires to conduct flight instruction for a person making any of the following practice flights shall obtain certification as a flight instructor by category of aircraft from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013>

1. Practice flights performed by a person without certification of qualification as prescribed by subparagraphs 1 through 4 of Article 26 on board an aircraft (excluding an aircraft prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport under Article 27 (4));

2. Practice flights performed by a person with certification of qualification as prescribed by subparagraphs 1 through 4 of Article 26 on board an aircraft other than that of such category as limited on certification of qualification.

(3) Matters necessary for flight instruction referred to in paragraph (2) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(4) The provisions of Articles 29 and 33 (1) and (3) shall apply mutatis mutandis to the instrument flight certification referred to in paragraph (1) and the flight instruction certification referred to in paragraph (2).

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 34-2(Certification of English Proficiency for Aviation) #

(1) Any person who desires to engage in any of the following business, shall obtain certification of English proficiency for aviation from the Minister of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013>

1. Operation of aircraft flying through airspace of at least two countries;

2. Control of aircraft flying through airspace of at least two countries;

3. Wireless communication with aircraft flying through airspace of at least two countries among air communications services under Article 80-3.

(2) Matters necessary for conducting the English proficiency test for aviation under paragraph (1), the grades of the certification, the standards for passing the test by grade, the validity period of such certification by grade, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) Where a person who desires to obtain certification of English proficiency for aviation meets the standards for passing the test by grade as prescribed in paragraph (2), the Minister of Land, Infrastructure and Transport shall issue to him/her a certificate of English proficiency for aviation, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(4) Notwithstanding the provisions of paragraph (3), where a person who desires to obtain certification of English proficiency for aviation, performing control duties by obtaining an accreditation of qualification therefor from the Minister of National Defense under Article 25 (3), meets the standards for passing the test by relevant grade as provided for in paragraph (2), the Minister of National Defense may issue him/her with a certificate of English proficiency for aviation.

(5) Each person who holds a certificate of English proficiency for aviation issued by a foreign government shall be exempted from the English proficiency test for aviation under paragraph (2) within the effective term for each grade.

(6) The provisions of Article 33 (1) 2 and (3) shall apply mutatis mutandis with respect to certification of English proficiency for aviation under paragraph (1). In such cases, the terms "certification of qualification" and "certification of medical examinations for aircrew" shall be construed as "certification of English proficiency for aviation", respectively.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 35(Practice Flights by Aircraft) #

(1) The provisions of Articles 27 (1) and (2) and 28 (3) shall not apply to any flight for any of the following practice flights: <Amended by Act No. 11690, Mar. 23, 2013>

1. Practice flights performed by a person accredited under subparagraphs 1 through 4 of Article 26 and that of medical examination for aircrew under Article 31 on board aircraft (limited to aircraft of limited category) other than that of a limited class or type, under the supervision of a person certified with a qualification and that of medical examination for aircrew, by which he/she is permitted to pilot the aircraft (including those who are designated by the Minister of Land, Infrastructure and Transport, who deems that they have knowledge and capability to pilot the aircraft);

2. Practice flights prescribed by Article 34 (2) 1, performed under the supervision of a person holding the flight instruction certification after obtaining permission from the Minister of Land, Infrastructure and Transport;

3. Practice flights prescribed by Article 34 (2) 2, performed under the supervision of a person holding the flight instruction certification.

(2) Where an applicant for permission for practice flights pursuant to paragraph (1) 2, is deemed appropriately capable to carry out practice flights by aircraft, the Minister of Land, Infrastructure and Transport in receipt of such application shall permit practice flights, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) Permission referred to in paragraph (1) 2 shall be granted by issuing written permission for practice flights to the applicant.

(4) The provisions of Articles 31, 32, and 33 shall apply mutatis mutandis to a person permitted under paragraph (1) 2.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 36(Carrying Written Permission for Flight Practice, etc.) #

Any person permitted in writing for practice flights by aircraft issued pursuant to Article 35 (3) shall, when he/she practices flight, carry such written permission and his/her certificate of medical examination for aircrew.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 37 #

Deleted. <by Act No. 7024, Dec. 30, 2003>

Article 37-2(Establishment and Implementation of Plan for Developing Aviation Safety Technology) #

The Minister of Land, Infrastructure and Transport shall establish and implement a plan for developing aviation safety technology, stating the following matters, in order to facilitate the development of aviation safety technology: <Amended by Act No. 11690, Mar. 23, 2013>

1. Matters concerning the development of aviation operation technology;

2. Matters concerning the training of persons in charge of aviation safety;

3. Matters concerning the innovation of air traffic control technology;

4. Other matters necessary to develop aviation safety technology.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 38(Designation of Airspace, etc.) #

(1) Deleted. <by Act No. 7691, Nov. 8, 2005>

(2) When the Minister of Land, Infrastructure and Transport deems it necessary for the systematic and efficient adminstration of airspace, he/she may divide flight information zones into airspace in any of the following cases and then designate and publicly announce the divided flight information zone: <Amended by Act No. 9780, Jun. 9, 2009; Act No. 11690, Mar. 23, 2013>

1. Controlled airspace: Airspace where instructions from the Minister of Land, Infrastructure and Transport regarding an order, time, method, etc. of the flight of aircraft are required for air traffic safety and such airspace includes the controlled zone and the controlled area;

2. Non-controlled airspace: Airspace, other than the controlled airspace where advice, flight information, etc. required for flight are offered to pilots on board aircraft;

3. Prohibited airspace: Airspace where the prohibition or restriction of the flight of aircraft is required for air traffic safety;

4. Airspace requiring attention: Airspace where pilots are required to remain especially attentive, alert, and discernable while flying their aircraft.

(3) When the Minister of Land, Infrastructure and Transport deems it necessary, he/she may subdivide airspace defined under the provisions of paragraph (2) into smaller zones, designate, and publish them, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 9780, Jun. 9, 2009; Act No. 11690, Mar. 23, 2013>

(4) Standards for establishing airspace referred to in paragraphs (2) and (3) and other matters necessary for the designation, etc. of such airspace shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 9780, Jun. 9, 2009; Act No. 11690, Mar. 23, 2013>

Article 38-2(Flight Restrictions) #

(1) Any aircraft flying in non-control airspace or airspace requiring attention under the provisions of Article 38 (2) shall abide by flying methods and procedures determined and publicly announced by the Minister of Land, Infrastructure and Transport regarding such airspace. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Any aircraft shall be prohibited from flying in an airspace prohibited under Article 38 (2): Provided, That the same shall not apply where any aircraft flies in a prohibited airspace in such methods and procedures as prescribed by the Minister of Land, Infrastructure and Transport after obtaining permission from the Minister of Land, Infrastructure and Transport, 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. 9780, Jun. 9, 2009]

Article 38-3(Establishment of Airspace Committee) #

(1) To deliberate on matters necessary for designating and administering airspace pursuant to the provisions of Article 38, an Airspace Committee shall be established under the control of the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Matters necessary for the composition, operation, functions, etc. of the Airspace Committee shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 38-4(Cooperation by Head of Relevant Administrative Agency in Air Traffic Safety) #

The Minister of Land, Infrastructure and Transport shall mutually cooperate with the head of relevant administrative agency regarding matters falling under each of the following cases for ensuring air traffic safety. In such cases, he/she shall take national security into consideration: <Amended by Act No. 11690, Mar. 23, 2013>

1. Matters concerning air traffic control;

2. Matters concerning the efficient management of airspace;

3. Other matters necessary for air traffic safety.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 38-5(Airspace Management in Wartime, etc.) #

Airspace management in time of war, or of a declaration of united defense situations under the United Defense Act, shall be in accordance with relevant Acts in wartime and with the United Defense Act.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 39(Indication of Nationality, etc.) #

(1) No aircraft without indicating its nationality, the mark of registration, and the name or title of ownership, etc. shall be used for aviation: Provided, That this shall not apply to newly manufactured aircraft and other aircraft determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

(2) Matters necessary for indicating nationality, etc. under paragraph (1) shall be determined 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. 9780, Jun. 9, 2009]

Article 40(Duty to Install and Operate Wireless Apparatus) #

Any person who desires to use an aircraft for aviation or the owner, etc. of the aircraft, shall have the aircraft equipped with, and operate, wireless apparatus, including radio beacon apparatus for emergency position information, secondary monitoring radar transponder, etc., 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. 9780, Jun. 9, 2009]

Article 40-2(Duty to Install and Operate Wireless Apparatus in Light Aircraft) #

Any person who desires to use a light aircraft designated by Ordinance of the Ministry of Land, Infrastructure and Transport for aviation, or the owner, etc. of such aircraft shall have the aircraft equipped with, and operate, wireless apparatus, including wireless communication equipment and an aircraft identity transponder. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014>

[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]

Article 41(Installation, Loading, Operation, etc. of Aeronautical Instruments, etc.) #

(1) Any person who desires to use an aircraft for aviation, or the owner, etc. of the aircraft shall have the aircraft equipped with, and operate, aeronautical instruments, equipment and documents, emergency and first-aid kit, etc. (hereinafter referred to as "aeronautical instruments, etc.") necessary for the safe flight of the aircraft.

(2) Matters necessary for aircraft to be provided with such aeronautical instruments, etc. referred to in paragraph (1), the kinds of such aeronautical instruments, etc., the standards for installing and loading such aeronautical instruments, etc., the methods for operating such aeronautical instruments, etc. shall be determined 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. 9780, Jun. 9, 2009]

Article 42 #

Deleted. <by Act No. 7691, Nov. 8, 2005>

Article 42-2 #

Deleted. <by Act No. 7691, Nov. 8, 2005>

Article 43(Aircraft Fuel) #

No owner, etc. shall operate an aircraft without loading the quantity of fuel and oil 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. 9780, Jun. 9, 2009]

Article 44(Aircraft Lighting) #

Where any aircraft flies, or stops or rests at an airport during the night (referring to the interval between sunset and sunrise; hereinafter the same shall apply), the location of the aircraft shall be indicated by signal lights, 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. 9780, Jun. 9, 2009]

Article 45(Requirements for Flight Crew) #

If a flight crew member intends to operate an aircraft used for the air transportation business or the aircraft-using business, to operate an aircraft used for flights outside of the Republic of Korea, which meets the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport regarding the weight of aircraft, passenger seating capacity, etc., or to engage in instrument flights, night flights or the flight instruction as prescribed in Article 34 (2), he/she shall have such flight experience (including any flight experience gained through flight simulators) 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. 9780, Jun. 9, 2009]

Article 46(Standards, etc. for Time on Board) #

(1) The Minister of Land, Infrastructure and Transport may place restrictions on the working hours, etc. on board the aircraft for flight crew and cabin crew (hereinafter referred to as "crew") engaged in the air transportation business or the aircraft-using business, taking into consideration flight safety. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Necessary matters regarding the standards for working hours, etc. on board referred to in paragraph (1) shall be determined 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. 9780, Jun. 9, 2009]

Article 47(Alcoholic Beverages, etc.) #

(1) All aircrew (including any person engaged in practice flights; hereafter in this Article the same shall apply) and all cabin crew shall be prohibited from rendering services in a state under which they are unable to render normal air services (including practice flights; hereafter in this Article the same shall apply) and cabin services due to the influence of alcoholic beverages provided for in subparagraph 1 of Article 3 of the Liquor Tax Act, narcotics, etc. provided for in subparagraph 1 of Article 2 of the Narcotics Control Act, or hallucinogenic substances, etc. provided for in Article 43 (1) of the Chemicals Control Act (hereinafter referred to as “alcoholic beverages, etc.”). <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11862, Jun. 4, 2013>

(2) All aircrew and all cabin crew shall be prohibited from drinking or using alcoholic beverages, etc. while rendering air services and cabin services. <Amended by Act No. 11244, Jan. 26, 2012>

(3) If the Minister of Land, Infrastructure and Transport deems it necessary to ensure aviation safety and prevent danger, or finds the just grounds that any aircrew member or cabin crew member is deemed to have rendered his/her services in violation of any of the provisions of paragraph (1) or (2), he/she may measure by using a breath analyzer, etc. as to whether he/she drinks or consumes any alcoholic beverage, etc., and such aircrew member or cabin crew member shall comply with any request for such measurement. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

(4) With respect to any aircrew member or any cabin crew member dissatisfied with the results of the measurement performed in accordance with paragraph (3), the Minister of Land, Infrastructure and Transport may repeat such measurement by means of collecting blood, urine analysis, etc. after obtaining his/her consent thereto. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

(5) The state in which any aircrew member or any cabin crew member is unable to render normal air services or cabin services due to the influence of alcoholic beverages, etc. shall be as follows: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11862, Jun. 4, 2013; Act No. 13810, Jan. 19, 2016>

1. When he/she is found to have a blood alcohol concentration of at least 0.02 percent due to drinking any beverage containing alcohol;

2. When he/she uses narcotics, etc. provided for in subparagraph 1 of Article 2 of the Narcotics Control Act;

3. When he/she uses hallucinogenic substances provided for in Article 22 (1) of the Chemicals Control Act.

(6) Matters necessary for kinds of alcoholic beverages, etc., detailed procedures for measuring them, managing the records of such measurement, etc. under paragraphs (1) through (5), shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 48(Physical Disability) #

No flight crew nor air traffic controller in breach of the standards for certification of medical examinations for aircrew under Article 31 (2) shall engage in providing any air service (including practice flight) even in the validity period of the previous certification of medical examinations for aircrew.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 49(Aviation Safety Program) #

(1) The Minister of Land, Infrastructure and Transport shall establish and publicly notify an aviation safety program that shall include the following matters: <Amended by Act No. 11690, Mar. 23, 2013>

1. Objectives of national aviation safety;

2. Matters concerning activities of each sector in detail for attaining the objectives for aviation safety under subparagraph 1, including operation of aircraft, air traffic-related affairs, operation of navigation facilities, operation of airports, and maintenance of aircraft;

3. Matters concerning the reporting system on aircraft accidents, aircraft incidents, aviation safety hindrances, etc.;

4. Matters concerning activities related to self-inspection and self-supervision for aviation safety;

5. Matters concerning identity of potential risks to aviation safety and performance of countermeasures therefor;

6. Matters concerning continuing self-monitoring and regular self-assessment on safety.

(2) The following persons shall establish an aviation safety management system to prevent aircraft accidents, etc. and ensure aviation safety in accordance with the aviation safety program under paragraph (1) prior to the commencement of his/her service, training program, or operation and shall operate the system with approval from the Minister of Land, Infrastructure and Transport. The foregoing shall also apply to any revision to an important matter therein as specified by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

1. A specialized educational institution designated under Article 29-3 (1) to train aircrew under subparagraphs 1 through 4 of Article 26;

1-2. A constructor of a navigation safety facility under Article 75 (2) or a manager of a navigation safety facility under Article 80 (1);

2. An airport operator under Article 111-2 (1);

3. A holder of a license for the domestic air transportation business or international air transportation business under Article 112 (1), a person whose small air transportation business is registered under Article 132 (1) (hereinafter referred to as “air transportation business entity”), or a person who desires to operate outside of the Republic of Korea, an aircraft which meets the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport regarding the weight of aircraft, passenger seating capacity, etc.;

4. A person whose aircraft maintenance service is registered under Article 137-2 (1).

(3) The Minister of Land, Infrastructure and Transport shall establish and operate a safety management system for air traffic-related affairs in accordance with the aviation safety program under paragraph (1) so that such affairs can be carried out systematically. <Amended by Act No. 11690, Mar. 23, 2013>

(4) The following matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013>

1. Matters necessary for establishment of the aviation safety program under paragraph (1);

2. Matters to be included in the aviation safety management system under paragraph (2), and matters necessary for the criteria for approval on such system and for the establishment and management thereof;

3. Matters necessary for establishment and management of the safety management system for air traffic-related affairs under paragraph (3).

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 49-2(Assistance Plans for Aircraft Accidents) #

(1) As prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, each air transportation business entity shall submit an assistance plan for passengers involved in aircraft accidents and their families (hereinafter referred to as "assistance plan for aircraft accidents") to the Minister of Land, Infrastructure and Transport: Provided, That a person who intends to obtain a license to operate the air transportation business shall submit such plan when he/she files an initial application for such license. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The assistance plan for aircraft accidents shall include the following matters: <Amended by Act No. 11690, Mar. 23, 2013>

1. Matters regarding establishment and operation of the aircraft accident management center;

2. Matters regarding relief and procedures for passenger compensation;

3. Matters regarding identification, verification, management, and delivery of remains and keepsakes of deceased passengers;

4. Matters regarding notification and assistance to the families of passengers;

5. Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

(3) Where the Minister of Land, Infrastructure and Transport recognizes that the content of an assistance plan for aircraft accidents are inappropriate for swift settlement of aircraft accidents, he/she may issue an order to supplement or change the contents thereof. <Amended by Act No. 11690, Mar. 23, 2013>

(4) Where an aircraft accident occurs, the relevant air transportation business entity shall execute matters included in the assistance plan for aircraft accidents without delay.

(5) The Minister of Land, Infrastructure and Transport shall not grant any business license to any person who fails to submit an assistance plan for aircraft accidents under the proviso to paragraph (1), or fails to fulfill an order to supplement or change under the provisions of paragraph (3). <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 49-3(Compulsory Reporting on Aircraft Safety) #

(1) If any aircrew member or other relevant person who causes, or discovers occurrence of any aircraft accident, aircraft incident, or aviation safety hindrance, shall report it to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The scope of such aircrew members and other relevant persons as provided for in paragraph (1), matters to be included in the report, the time, methods and procedures for reporting, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]

Article 49-4(Voluntary Report on Aviation Safety) #

(1) Any person who caused a state prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which impairs or risks impairing safety in air navigation (hereinafter referred to as "minor aviation safety hindrance"), other than an aircraft accident, aircraft incident and aviation safety hindrance, or any person who discovers that a minor aviation safety hindrance or who anticipates that such hindrance will occur, may file a report on the fact (hereinafter referred to as "voluntary report on aviation safety") with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The Minister of Land, Infrastructure and Transport shall not disclose the identity of any person against his/her will, who files a voluntary report on aviation safety pursuant to the provisions of paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>

(3) A person who causes any minor aviation safety hindrance in violation of any provision of Article 33 (1) 5 through 19 or 21 through 30 may be excused from the disposition under Article 33 (1), if he/she files a report under paragraph (1) within ten days after such hindrance: Provided, That this shall not apply where such hindrance is caused deliberately or by gross negligence.

(4) Matters to be included in each voluntary report on aviation safety, the methods and procedures for reporting, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]

Article 50(Authority, etc. of Plane Captain) #

(1) Each person responsible for the flight safety of an aircraft (hereinafter referred to as "plane captain") shall direct and supervise the crew of the aircraft.

(2) No plane captain shall take off without confirming whether the aircraft is completely prepared for operation, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) If an aircraft or any of its passengers encounter or are anticipated to encounter danger, the plane captain may order passengers on board the aircraft to evacuate from the aircraft as directed or take other necessary safety measures.

(4) If an aircraft encounters danger during flight, the plane captain shall take measures necessary to rescue passengers and prevent danger to persons or things on land or water, and shall not leave the aircraft unless he/she has taken measures to ensure the passengers and other persons on board have left the aircraft.

(5) If an aircraft accident, aircraft incident, or aviation safety hindrance occurs, the plane captain shall report it to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That if the plane captain is unable to make the report, the owner, etc. of the aircraft shall report it. <Amended by Act No. 11690, Mar. 23, 2013>

(6) If a plane captain discovers that another aircraft has had an aircraft accident, aircraft incident or aviation safety hindrance, he/she shall report it to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That this shall not apply where the fact is found through wireless apparatus. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 50-2 #

Deleted. <by Act No. 9780, Jun. 9, 2009>

Article 51(Operational Qualifications for Plane Captains, etc.) #

(1) The plane captain of any of the following aircraft shall obtain accreditation from the Minister of Land, Infrastructure and Transport as to his/her knowledge and skill, and all other pilots as to their skill: <Amended by Act No. 12706, May 28, 2014>

1. Aircraft used for the air transportation business;

2. Aircraft used for services specified by Ordinance of the Ministry of Land, Infrastructure and Transport among those used for the aircraft-using business;

3. Aircraft used for flights outside of the Republic of Korea which meets the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport regarding the weight of aircraft, passenger seating capacity, etc.

(2) The Minister of Land, Infrastructure and Transport shall periodically examine whether the person who has obtained the accreditation under paragraph (1) has such knowledge or skill, and, if deemed particularly necessary, may examine it as occasion arises. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12706, May 28, 2014>

(3) If a person accredited under paragraph (1) fails to undergo the examination under paragraph (2) or fails to pass it, the Minister of Land, Infrastructure and Transport shall cancel the accreditation. <Amended by Act No. 11690, Mar. 23, 2013>

(4) If the Minister of Land, Infrastructure and Transport deems it necessary, he/she may require an air transportation business entity or aircraft-using business entity designated pursuant to Ordinance of the Ministry of Land, Infrastructure and Transport to accredit the plane captains and other pilots within his/her jurisdiction under paragraph (1) or conduct examination under paragraph (2). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12706, May 28, 2014>

(5) Any plane captain or other pilot who has obtained the accreditation or who has passed the examination therefor under paragraph (4) shall be deemed accredited under paragraph (1) or to have passed the examination under paragraph (2). In such cases, the provisions of paragraph (3) shall apply mutatis mutandis. <Amended by Act No. 12706, May 28, 2014>

(6) Notwithstanding the provisions of paragraph (4), if deemed necessary, the Minister of Land, Infrastructure and Transport may conduct the examination referred to in paragraph (2) regarding the plane captains and other pilots prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12706, May 28, 2014>

(7) Each plane captain of aircraft engaged in the air transportation business shall meet the experience requirements specified for areas, air routes and airports (limited to those related to such areas, air routes and airports specified by Ordinance of the Ministry of Land, Infrastructure and Transport) which they wish to cover. <Amended by Act No. 11690, Mar. 23, 2013>

(8) Matters necessary for the accreditation, examination, experience requirements, etc. referred to in paragraphs (1) through (7) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12706, May 28, 2014>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 51-2(Examination, etc. of Operational Qualifications Using Flight Simulators) #

The Minister of Land, Infrastructure and Transport may conduct the accreditation or examination under Article 51 using a flight simulator designated by the Minister of Land, Infrastructure and Transport under Article 29-2 (3), regarding matters, such as measures in emergency, for which it is impracticable to perform the accreditation or examination under Article 51 using an aircraft. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12706, May 28, 2014>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 52(Flight Dispatchers) #

(1) Any air transportation business entity and any person who desires to operate outside of the Republic of Korea, an aircraft that meets the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport regarding the weight of aircraft, passenger seating capacity, etc. shall employ flight dispatchers, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Where the plane captain of an aircraft operated by any person required to have a flight dispatcher under paragraph (1) desires to take off the aircraft or alter his/her flight plan, he/she shall obtain the flight dispatcher’s approval.

(3) Any person required to have a flight dispatcher under paragraph (1) shall conduct necessary education and training for such flight dispatcher to gain knowledge and experience required for smoothly performing his/her duties, 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. 9780, Jun. 9, 2009]

Article 53(Taking-off and Landing Areas) #

(1) No person shall take off or land any aircraft (excluding gliders and airships) in any area other than airfields (nor airfields that do not meet the airfield requirements for the relevant aircraft): Provided, That this shall not apply in any of the following cases: <Amended by Act No. 12256, Jan. 14, 2014>

1. In unavoidable circumstances, such as emergency situations affecting safety, and the Minister of Land, Infrastructure and Transport permits such takeoff or landing;

2. Where he/she does so in compliance with the operational standard set by the Minister of Land, Infrastructure and Transport under Article 115-2 (2).

(2) No person shall take off or land a light aircraft in any area other than an airfield (excluding military airfields) or flying field: Provided, That this shall not apply in unavoidable circumstances, such as emergency situations concerning safety, and the Minister of Land, Infrastructure and Transport permits such takeoff or landing. <Newly Inserted by Act No. 12256, Jan. 14, 2014>

(3) The detailed criteria and procedures necessary for permission under paragraph (1) 1 and the proviso to paragraph (2) and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 12256, Jan. 14, 2014>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 54(Flight Rules) #

(1) Any person who desires to operate an aircraft shall do so in accordance with the standards, procedures, practices, etc. related to flight prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as "flight rules") pursuant to the provisions of the Convention on International Civil Aviation and the Annexes to the said Convention. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Flight rules shall be classified as follows:

1. Rules related to flight procedures, etc. for protecting persons and property and to other general matters;

2. Rules related to visual flight;

3. Rules related to instrument flight;

4. Rules related to the preparation, submission, receipt, notification, etc. of flight plans;

5. Other rules related to matters necessary for flight safety.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 55(Acts Prohibited during Flight) #

Any person who desires to operate an aircraft shall be prohibited from engaging in any flight or activity falling under any of the following subparagraphs, so as to protect persons and property: Provided, That this shall not apply where the Minister of Land, Infrastructure and Transport permits it as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

1. Flight below the minimum flying altitude prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

2. Dropping or scattering items;

3. Parachute descent;

4. Aerobatics, such as rolls and loops, in any zone prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

5. Flying any unmanned aircraft;

6. Unmanned free-balloon flight;

7. Other flights or acts prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport which inflict or risk inflicting danger or harm on a person or property.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 56(Designation, etc. of Emergency Aircraft) #

(1) Any owner, etc. of an aircraft who desires to operate the aircraft for performing urgent affairs prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as transportation of emergency patients, shall obtain designation from the Minister of Land, Infrastructure and Transport regarding the aircraft. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Where operating an aircraft designated by the Minister of Land, Infrastructure and Transport pursuant to paragraph (1) (hereinafter referred to as "emergency aircraft") to conduct urgent affairs under paragraph (1), the provisions for the restriction on taking-off and landing areas referred to in Article 53 and the prohibition of flight below the minimum flying altitude referred to in subparagraph 1 of Article 55 shall not apply. <Amended by Act No. 11690, Mar. 23, 2013>

(3) Matters necessary for procedures, etc. for the designation and operation of emergency aircraft shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(4) When the operator of an emergency aircraft fails to comply with the operating procedures referred to in paragraph (3), the Minister of Land, Infrastructure and Transport may cancel designation as the emergency aircraft. <Amended by Act No. 11690, Mar. 23, 2013>

(5) No person subjected to a disposition for cancellation of designation under paragraph (4) may be entitled to designation of an aircraft as an emergency aircraft within two years after the disposition for cancellation is taken.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 57 #

Deleted. <by Act No. 7691, Nov. 8, 2005>

Article 58 #

Deleted. <by Act No. 7691, Nov. 8, 2005>

Article 59(Transportation, etc. of Dangerous Goods) #

(1) Any person who desires to transport high explosive or combustible material or other dangerous goods prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as "dangerous goods") by aircraft shall obtain permission therefor from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Any person who packs, loads, stores, transports, or processes dangerous goods (hereinafter referred to as "handling of dangerous goods") to be transported by aircraft (hereinafter referred to as "handler of dangerous goods") shall comply with the procedures and methods for handling dangerous goods, determined and publicly notified by the Minister of Land, Infrastructure and Transport to prevent danger and ensure human life safety during flight. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 60(Packing of Dangerous Goods, Inspection of Containers, etc.) #

(1) Any person who desires to manufacture or import and sell packages and containers used to transport dangerous goods shall undergo inspection conducted by the Minister of Land, Infrastructure and Transport regarding the safety of the packages and containers. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Matters necessary for the inspection methods, acceptance criteria, etc. for the packages and containers referred to in paragraph (1) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) The Minister of Land, Infrastructure and Transport may designate specialized institutions to conduct business concerning the inspection of packages and containers for dangerous goods (hereinafter referred to as "package and container inspection institutions") and have such institutions conduct an inspection provided for in paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>

(4) Matters necessary for the standards for designation of package and container inspection institutions, the operation thereof, etc. shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(5) If a package and container inspection institution falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may either revoke its designation, or entirely or partially suspend its business for a fixed period not exceeding six months: Provided, That designation as a package and container inspection institution shall be revoked, if it falls under subparagraph 1: <Amended by Act No. 11690, Mar. 23, 2013>

1. If it has obtained designation as such package and container inspection institution falsely or otherwise unlawfully;

2. If it ceases to meet the standards for designation under paragraph (4).

(6) The detailed criteria and procedures for dispositions under paragraph (5) and other necessary matters shall be 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. 9780, Jun. 9, 2009]

Article 61(Education, etc. for Handling of Dangerous Goods) #

(1) Every handler of dangerous goods shall complete education conducted by the Minister of Land, Infrastructure and Transport regarding handling dangerous goods: Provided, That this shall not apply where the handler of dangerous goods has completed education concerning handling dangerous goods at an educational institution recognized by an international organization, such as the International Civil Aviation Organization and the International Air Transport Association. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Matters necessary for the specific scope of the handlers of dangerous goods required to complete education pursuant to paragraph (1), the contents of education, etc. shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) The Minister of Land, Infrastructure and Transport may designate specialized educational institutions providing education concerning handling dangerous goods to efficiently conduct the education provided for in paragraph (1) and have such institutions conduct the education of handlers of dangerous goods. <Amended by Act No. 11690, Mar. 23, 2013>

(4) Matters necessary for the standards for designation of the specialized educational institutions under paragraph (3), the operation thereof, etc. shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(5) If a specialized educational institution prescribed in paragraph (3) falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may either revoke its designation or entirely or partially suspend its business for a period not exceeding six months: Provided, That designation as a specialized educational institution shall be revoked, if it falls under subparagraph 1: <Amended by Act No. 11690, Mar. 23, 2013>

1. If it has obtained designation as the specialized educational institution falsely or otherwise unlawfully;

2. If it ceases to meet the standards for designation under paragraph (4).

(6) The detailed criteria and procedures for dispositions under paragraph (5) and other necessary matters shall be 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. 9780, Jun. 9, 2009]

Article 61-2(Restrictions on Use of Electro-Magnetic Devices) #

The Minister of Land, Infrastructure and Transport may place restrictions on using electro-magnetic devices carried by passengers, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, to prevent any impact from electro-magnetic interference, etc. on the navigation or telecommunications equipment of aircraft in flight. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 62 #

Deleted. <by Act No. 7691, Nov. 8, 2005>

Article 63 #

Deleted. <by Act No. 7691, Nov. 8, 2005>

Article 64 #

Deleted. <by Act No. 7691, Nov. 8, 2005>

Article 65 #

Deleted. <by Act No. 5963, Apr. 15, 1999>

Article 66 #

Deleted. <by Act No. 7691, Nov. 8, 2005>

Article 67 #

Deleted. <by Act No. 5963, Apr. 15, 1999>

Article 68 #

Deleted. <by Act No. 7691, Nov. 8, 2005>

Article 69 #

Deleted. <by Act No. 7691, Nov. 8, 2005>

Article 69-2(Approval for Extended Diversion Time Operations) #

(1) Where any air transportation business entity intends to operate any aircraft with two or more engines, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, for an air route including a spot where the time required to land at the nearest airport by flying at a cruising speed classified under the following subparagraphs exceeds the time prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he/she shall obtain approval therefor from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12706, May 28, 2014>

1. For a twin-engine aircraft: A cruising speed when either of the engines fails to operate;

2. For an aircraft with more than two engines: A cruising speed when all the engines operate.

(2) If the Minister of Land, Infrastructure and Transport intends to grant approval referred to in paragraph (1), he/she shall verify whether the twin-engine aircraft complies with the operational technology criteria publicly notified in accordance with Article 74-2. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 69-3(Flying Aircraft in Reduced Vertical Separation Minimum Airspace, etc.) #

(1) An owner, etc. who intends to fly an aircraft in any airspace prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport such as airspace in which the aircraft are required to fly at a reduced vertical separation altitude (hereinafter referred to as "reduced vertical separation minimum airspace") or only after meeting required navigation performance (hereinafter referred to as "required performance-based navigation airspace") in order to efficiently operate airspace shall obtain approval therefor from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That this shall not include cases, including cases of flying aircraft in the reduced vertical separation minimum airspace for search and rescue, which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) If the Minister of Land, Infrastructure and Transport intends to grant approval referred to in paragraph (1), he/she shall verify whether the owner, etc. intends to fly the aircraft in compliance with the operational technology criteria publicly notified in accordance with the provisions of Article 74-2. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 70(Air Traffic Services, etc.) #

(1) Any person who intends to taxi, take off, land, or operate an aircraft in an airfield, a control area or a control zone shall do so according to such order and timing of taxing, take off and landing, and such method of flight, as instructed by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The Minister of Land, Infrastructure and Transport may provide pilots and other related institutions with advice and information useful for the operation of aircraft, such as the operational conditions, etc. of airports and navigation safety facilities, for the safe and efficient operation of aircraft which fly within the flight information zone. <Amended by Act No. 11690, Mar. 23, 2013>

(3) The Minister of Land, Infrastructure and Transport may provide pilots and other related institutions with information on aircraft in distress within the flight information zone, for searching for and rescuing such an aircraft. <Amended by Act No. 11690, Mar. 23, 2013>

(4) Matters necessary for the coverage, contents, procedures, etc. of services performed by the Minister of Land, Infrastructure and Transport pursuant to paragraphs (1) through (3) (hereinafter referred to as "air traffic services") shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(5) Any person engaged in the operation of vehicles, the maintenance and repair of an airfield, and other services in a passage area of the airfield shall comply with instructions given by the Minister of Land, Infrastructure and Transport for air traffic safety. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 70-2 #

Deleted. <by Act No. 8787, Dec. 21, 2007>

Article 71 #

Deleted. <by Act No. 7691, Nov. 8, 2005>

Article 72(Establishment and Implementation of Supporting Plan for Search or Rescue) #

The Minister of Land, Infrastructure and Transport shall establish and implement a plan for supporting the search for and rescue of aircraft, which determine the roles of related administrative agencies, etc. as prescribed by Presidential Decree for searching for aircraft and rescuing of human lives, where the aircraft are in distress. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 73(Provision, etc. of Aeronautical Information) #

(1) The Minister of Land, Infrastructure and Transport shall provide the operators, etc. of aircraft which fly within the flight information zone with the information necessary to ensure the safety, regularity, and efficiency in the operation of aircraft (hereinafter referred to as "aeronautical information"). <Amended by Act No. 11690, Mar. 23, 2013>

(2) The Minister of Land, Infrastructure and Transport shall publish a chart specifying information necessary for the operation of aircraft, including air routes, navigation safety facilities, airfields, control areas, etc. (hereinafter referred to as "aeronautical chart"). <Amended by Act No. 11690, Mar. 23, 2013>

(3) Matters necessary for the details of aeronautical information and aeronautical charts, the methods of providing such information, the units of measurement used in such aeronautical charts, etc. shall be 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. 9780, Jun. 9, 2009]

Article 74(Boarding of Crew, etc.) #

(1) Any person who intends to use an aircraft for aviation shall take on board crew required for the safety of navigation, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) When any flight crew or air traffic controller engages in air service, he/she shall carry his/her qualification certificate and medical examination certificate for aircrew, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and when any aircrew, other than such flight crew and air traffic controller, engages in air service, he/she shall carry his/her qualification certificate, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) Any air transportation business entity and person filing for registration of the aircraft-using business under Article 134 (1) (hereinafter referred to as “aircraft-using business entity”) shall provide the crew working on board aircraft with education and training necessary to perform their services, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12706, May 28, 2014>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 74-2(Technical Standards for Safe Operation of Aircraft) #

The Minister of Land, Infrastructure and Transport may formulate and publicly notify the standards for operational technology stating the following matters, to ensure the safe operation of aircraft, within the limits prescribed by this Act, the Convention on International Civil Aviation and the Annexes to the said Convention: <Amended by Act No. 11690, Mar. 23, 2013>

1. Aircraft instruments and equipment;

2. Operation of aircraft;

3. Certification for operations of the air transportation business;

4. Certification of aircrew qualifications;

5. Maintenance of aircraft;

6. Other matters necessary for safe operation, prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 74-3(Compliance with Operational and Technical Standards) #

Every owner, etc. and every aircrew shall comply with the standards for operational technology provided for in Article 74-2.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 75(Installation of Airfield and Navigation Safety Facilities) #

(1) The Minister of Land, Infrastructure and Transport shall install airfield facilities or navigation safety facilities (referring to airfield facilities or navigation safety facilities, other than those installed under Articles 89 through 91, 94 through 105, 105-2 through 105-5, 106, 106-2, 108-2, 110 and 111; hereinafter the same shall apply). <Amended by Act No. 10161, Mar. 22, 2010; Act No. 11690, Mar. 23, 2013>

(2) Any person, other than the Minister of Land, Infrastructure and Transport, who intends to install airfield facilities or navigation safety facilities, shall obtain permission from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport may, in granting permission, impose necessary conditions on the installation of such facilities. <Amended by Act No. 11690, Mar. 23, 2013>

(3) Standards for installing airfield facilities and navigation safety facilities under paragraphs (1) and (2) and other necessary matters regarding such installation shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 75-2(Flying Fields) #

(1) The Minister of Land, Infrastructure and Transport may establish flying fields, and any person, other than the Minister of Land, Infrastructure and Transport, who seeks to establish a flying field shall obtain permission from the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. When the Minister of Land, Infrastructure and Transport intends to permit the establishment of a flying field, he/she shall consult in advance with the heads of relevant central administrative agencies and the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu (Gu means an autonomous Gu).

(2) Any person who establishes a flying field under paragraph (1) shall manage it in compliance with the criteria prescribed in paragraph (3).

(3) The criteria necessary for establishment and management of flying fields under paragraphs (1) and (2) shall be prescribed by Presidential Decree.

(4) The Minister of Land, Infrastructure and Transport may order the use of a flying field suspended if it falls under any of the following subparagraphs:

1. Where the location, structure, etc. of the flying field are found different from what is stated in the written permission for establishment;

2. Where the flying field does not meet the criteria under paragraph (2).

[This Article Newly Inserted by Act No. 12256, Jan. 14, 2014]

Article 76(Public Notification, etc.) #

(1) When the Minister of Land, Infrastructure and Transport intends to install airfield facilities or navigation safety facilities or grant permission to install such facilities under the provisions of Article 75, he/she shall publicly notify the names of the airfield facilities or navigation safety facilities, the location of such facilities, landing strip, obstacle limitation surface, the anticipated date such facilities commence to be used, and other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The Minister of Land, Infrastructure and Transport shall give public announcement of the matters publicly notified under the provisions of paragraph (1) in places readily visible to the public, within areas where such airfield facilities and navigation safety facilities are scheduled to be installed, for at least a specified period. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 77(Inspection of Installation Completion of Airfield and Navigation Safety Facilities) #

(1) Any person who has obtained permission to install airfield facilities (hereinafter referred to as "airfield facilities constructor") or permission to install navigation safety facilities (hereinafter referred to as "navigation safety facilities constructor") under Article 75 (2) shall promptly undergo an inspection after completion of the construction works by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The Minister of Land, Infrastructure and Transport shall, when he/she carries out inspections of the completion of the construction works of the airfield facilities or the navigation safety facilities under paragraph (1), designate and publicly notify the names, kinds, and locations of such facilities, and the scheduled date such facilities commence to be used. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 78(Alteration of Airfield or Navigation Safety Facilities) #

(1) When airfield facilities constructor or navigation safety facilities constructor intends to alter any matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport regarding relevant facilities, he/she shall notify the Minister of Land, Infrastructure and Transport of the details of such alteration, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) When the Minister of Land, Infrastructure and Transport is notified of the alteration of the airfield facilities or the navigation safety facilities under the provisions of paragraph (1), he/she shall publicly notify such alteration: Provided, That public notification regarding the alteration of airfield facilities shall be limited to where an obstacle limitation surface is altered. <Amended by Act No. 11690, Mar. 23, 2013>

(3) The provisions of Article 76 (2) shall apply mutatis mutandis to the public notification under paragraph (2).

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 79(Suspension, Closure or Resumption of Use of Airfield and Navigation Safety Facilities) #

(1) When each airfield facilities constructor or each navigation safety facilities constructor intends to suspend or discontinue using the relevant airfield facilities or navigation safety facilities, or resume the use thereof, he/she shall notify the Minister of Land, Infrastructure and Transport thereof. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The Minister of Land, Infrastructure and Transport shall, when he/she receives notification under the provisions of paragraph (1), publicly notify the details of such notice. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 80(Management of Airfield and Navigation Safety Facilities) #

(1) The Minister of Land, Infrastructure and Transport or the manager of airfield facilities or navigation safety facilities shall manage such facilities according to the standards for management of facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as "standards for management of facilities"). <Amended by Act No. 11690, Mar. 23, 2013>

(2) The Minister of Land, Infrastructure and Transport shall conduct inspections necessary to verify whether any airfield facilities or navigation safety facilities have been managed according to the standards for management of facilities prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>

(3) Each navigation safety facilities constructor and navigation safety facilities manager shall undergo inspection conducted by the Minister of Land, Infrastructure and Transport regarding the performance, etc. of navigation safety facilities (hereinafter referred to as "flight inspection"), conducted using an aircraft equipped with equipment necessary to analyze the performance of such facilities. <Amended by Act No. 11690, Mar. 23, 2013>

(4) Matters necessary for the kinds of flight inspection, the facilities subject to such inspection, the procedures and methods for such inspection, etc. shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 80-2(Performance Compatibility Certification of Navigation Safety Facilities) #

Any person who manufactures wireless navigation safety facilities or aeronautical information and communications facilities may have his/her facilities certified that they are manufactured in compliance with the technical standards for navigation safety facilities, formulated and publicly notified by the Minister of Land, Infrastructure and Transport, 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. 9780, Jun. 9, 2009]

Article 80-3(Air Communications Services) #

(1) The Minister of Land, Infrastructure and Transport shall perform services related to air communication (hereinafter referred to as "air communications services") necessary to efficiently render air traffic services and to provide, exchange, and manage information and data necessary for ensuring aviation safety conveniently and promptly through air communication network, pursuant to the provisions of the Convention on International Civil Aviation and the Annexes to the said Convention. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Matters necessary for the kinds, contents, operational procedures, etc. of air communications services shall be 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. 9780, Jun. 9, 2009]

Article 81(Revocation of Permission) #

In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke permission to install airfield facilities or navigation safety facilities: Provided, That in any case falling under subparagraph 2 or 3, he/she may order the airfield facilities constructor or the navigation safety facilities constructor to take measures according to the installation plans included in the application for permission to install relevant facilities, or to manage the relevant facilities according to the standards for management of facilities within a fixed period, and revoke permission only when the airfield facilities constructor or the navigation safety facilities constructor fails to follow such order: <Amended by Act No. 11690, Mar. 23, 2013>

1. Where the airfield facilities constructor or the navigation safety facilities constructor fails to commence the construction works within one year from the scheduled date of commencement of the construction works which is included in his/her application for permission, or to complete the construction works by the scheduled date of completion of such construction works, without justifiable grounds;

2. Where the relevant facilities are found not to conform with the installation plans included in the application for permission following the inspection of the completion of the construction works under Article 77 (1);

3. Where the airfield facilities or navigation safety facilities are found managed contrary to the standards for management of facilities;

4. Where the location, structure, etc. of the airfield facilities or navigation safety facilities are found different from those stated in the application for permission;

5. Where the airfield facilities constructor or the navigation safety facilities constructor violates conditions attached to permission.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 82(Restrictions on Obstacles) #

(1) After the installation or alteration of airfield facilities is publicly notified under Article 76 or 78, no person shall install or abandon any building, structure (excluding those under construction at time of the public notification) or other obstacles or cultivate any plants over the height of the obstacle limitation surface so published: Provided, That this shall not apply in any of the following cases: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13381, Jun. 22, 2015>

1. Any temporary structures or other obstacles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, which are permitted by the head of the relevant administrative agency to be installed or left after consultation with the airfield facilities constructor as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or which are planned to be removed before the scheduled date for the use of the airfield facilities begins;

2. Any obstacles determined by the Minister of Land, Infrastructure and Transport, subject to resolution by the Committee on Aeronautical Studies pursuant to Article 82-2, not to be especially prejudicial to safety in the aviation of aircraft in view of the results of aeronautical studies based on the standards, methods, etc. for aeronautical studies prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

(2) The airfield facilities constructor may demand that a person holding the ownership or other right to any obstacle installed, cultivated, or left in contravention of the provisions of paragraph (1) (including where plant grows and projects over the obstacle limitation surface) remove the obstacle.

(3) The airfield facilities constructor may demand that a person holding ownership or other right in any obstacle over the height of the obstacle limitation surface at time of the public notification referred to in paragraph (1) remove such obstacle. In such cases, the airfield facilities constructor shall compensate for any loss caused by removing such obstacle to the person with the ownership or other right to the obstacle, as prescribed by Presidential Decree.

(4) Any owner of the obstacle referred to in paragraph (3) or the land on which an obstacle is installed, may, if it is impractical to use or make any profit from such obstacle or land due to the removal thereof, demand that the airfield facilities constructor purchase the obstacle or land, as prescribed by Presidential Decree.

(5) Where it is impossible to remove an obstacle in question because parties fail to reach agreement about the compensation for loss under the latter part of paragraph (3) and where it is deemed especially necessary for reasonable management and operation of the airfield facilities, the Minister of Land, Infrastructure and Transport may order the airfield facilities constructor to remove the obstacle. <Amended by Act No. 11690, Mar. 23, 2013>

(6) In cases falling under paragraph (5), the Minister of Land, Infrastructure and Transport or the airfield facilities constructor shall compensate for any loss caused by removing the obstacle to the person holding the ownership or other right thereto. In such cases, the amount of compensation for loss shall be determined by agreement between the parties, and if they fail to reach agreement, or it is impossible to make agreement, the Minister of Land, Infrastructure and Transport shall determine it. <Amended by Act No. 11690, Mar. 23, 2013>

(7) The airfield facilities constructor shall manage obstacles so as not to interfere with the safe operation of aircraft, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(8) Any person who seeks a determination from the Minister of Land, Infrastructure and Transport as to safety in the aviation of aircraft pursuant to paragraph (1) 2 shall submit a report on the results of aeronautical studies conducted by a specialized institution prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport upon his/her application, in accordance with the procedures prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, expenses incurred in conducting those aeronautical studies shall be borne by the applicant. <Newly Inserted by Act No. 13381, Jun. 22, 2015>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 82-2(Committee on Aeronautical Studies) #

(1) A Committee on Aeronautical Studies (hereafter referred to as the “Committee” in this Article) shall be established in the Ministry of Land, Infrastructure and Transport to deliberate and resolve on matters regarding aeronautical studies.

(2) The Committee shall comply with the standards and methods prescribed in the Convention on International Civil Aviation and its Annexes when deliberating and resolving on matters regarding aeronautical studies.

(3) The Committee shall be comprised of not exceeding ten members, including one chairperson, the majority of whom shall consist of outside professionals.

(4) If necessary, the Committee may request cooperation, including the provision of materials, from the heads of administrative agencies, the heads of public institutions designated under Article 4 of the Act on the Management of Public Institutions, and the heads of other relevant institutions and organizations. In such cases, the heads of those institutions and organizations shall comply therewith, except in extenuating circumstances.

(5) A non-public official member of the Committee shall be deemed a public official for the purposes of Articles 129 through 132 of the Criminal Act.

(6) Other matters necessary for the organization, operation, etc. of the Committee shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 13381, Jun. 22, 2015]

Article 83(Installation of Aviation Obstacle Beacon Lights, etc.) #

(1) An airfield facilities constructor shall install aviation obstacle beacon lights (hereinafter referred to as "beacon lights") and daytime aviation obstacle beacons (hereinafter referred to as "beacons") on the structures located within the area projected vertically downwards to the ground surface from the obstacle limitation surface, which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That with respect to the structures installed after the public notification under Article 76 or 78 (2), the beacon lights and beacons thereon shall be installed by the owners of such structures, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The Minister of Land, Infrastructure and Transport shall install beacon lights and beacons on any structures other than those referred to in paragraphs (1) and (4), which might substantially impede aviation safety of aircraft, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>

(3) No owner or occupant of any structure referred to in any provision of paragraphs (1) and (2) may refuse the installation of beacon lights and beacons executed by the relevant airfield facilities constructor or the Minister of Land, Infrastructure and Transport. In such cases, the airfield facilities constructor or the Minister of Land, Infrastructure and Transport shall, if the owner or occupant of the structure sustains any loss due to the installation of such beacon lights and beacons, compensate it, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(4) Any person who installs a structure at least sixty meters high above the land or water surface shall install beacon lights and beacons, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That this shall not apply in cases of structures prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(5) The owner of any structure on which beacon lights and beacons are installed under paragraphs (1), (2) and (4) shall manage such beacon lights and beacons, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(6) The Minister of Land, Infrastructure and Transport shall inspect the actual conditions of management under paragraph (5) periodically or occasionally, and may issue a corrective order, if any defect is found during an inspection, such as faults in the lighting system, non-compliance with the facility criteria, or other managerial flaws. <Newly Inserted by Act No. 12706, May 28, 2014>

(7) The Minister of Land, Infrastructure and Transport may fully or partially entrust the authority to conduct inspections or issue corrective orders under paragraph (6) to the public institutions under the Act on the Management of Public Institutions and other specialized institutions involved. <Newly Inserted by Act No. 12706, May 28, 2014>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 84(Restriction on Similar Lights) #

(1) No person shall install any light which might interfere with the identification of aviation lights or be mistaken for aviation lights (hereinafter referred to as "similar lights").

(2) Where similar lights are already installed at the time aviation lights are installed, the Minister of Land, Infrastructure and Transport may order the owner or superintendent of such similar lights to take necessary measures to avoid interfering with the identification of aviation lights or to be taken for aviation lights in a manner shading such similar lights. In such cases, expenses incurred in taking such measures shall be borne by the constructor of the aviation lights. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 85(Forbidden Act) #

(1) No person shall perform any act likely to damage or impair the functions of a runway, taxiway, or other important airfield facilities or navigation safety facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) No person shall throw any object at an aircraft, light aircraft, or an ultra-light plane or perform any act which may endanger navigation. <Amended by Act No. 12256, Jan. 14, 2014>

(3) No person shall, without just cause, enter any landing zone, taxiway, apron, hangar, or area where navigation safety facilities are installed.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 86(Rent) #

(1) The Minister of Land, Infrastructure and Transport may collect rent from those who use or utilize airfield or navigation safety facilities, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Any constructor or manager of airfield and navigation safety facilities used for public purposes may collect rent from those who use or utilize the facilities that they have installed or managed.

(3) Any person who intends to collect rent under paragraph (2) shall determine the amount of rent and file a report on such amount with the Minister of Land, Infrastructure and Transport. The same shall also apply where he/she intends to adjust the rent. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 87(Succession of Status of Airfield Facilities Constructor, etc.) #

Any person who intends to succeed the status of an airfield facilities constructor or navigation safety facilities constructor shall notify the Minister of Land, Infrastructure and Transport thereof. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 88(Delegation to Order) #

(1) Except as provided for in Articles 75 through 80, 80-2, 80-3, and 81 through 87, matters necessary for the installation of airfield and navigation safety facilities, the inspection after completion of the construction works regarding such facilities, etc. shall be prescribed by Presidential Decree.

(2) Matters necessary for the management, operation, use, etc. of airfield facilities or navigation safety facilities shall be 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. 9780, Jun. 9, 2009]

Article 89(Establishment of Mid- to Long-Term Master Plan for Airport Development) #

(1) The Minister of Land, Infrastructure and Transport shall establish a mid- to long-term master plan for airport development (hereinafter referred to as "master plan") every five years, stating the following matters, in order to undertake airport development projects systematically and efficiently: <Amended by Act No. 11690, Mar. 23, 2013>

1. Outlook of aviation demand;

2. Mid- to long-term basic plan for airport development by region;

3. The amount of investment required and means to ensure financial resources;

4. Other matters concerning the mid- to long-term airport development.

(2) When the Minister of Land, Infrastructure and Transport intends to undertake any airport development project, he/she shall establish and implement a basic plan for airport development (hereinafter referred to as "basic plan") according to the master plan, stating the following matters: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

1. The planned airport development area;

2. The size and location of the airport;

3. The operational program;

4. Means to ensure financial resources;

5. An environmental management program;

6. Other matters necessary for the airport development.

(3) Where the Minister of Land, Infrastructure and Transport desires to make the master plan or the basic plan, he/she shall consult with the head of the relevant central administrative agency after hearing the opinion of the competent local government. <Amended by Act No. 11690, Mar. 23, 2013>

(4) The Minister of Land, Infrastructure and Transport may request the head of the related administrative agency for materials necessary for making or modifying the master plan or the basic plan. In such cases, the head of the related administrative agency so requested shall comply with such request except in special circumstances. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 90(Amendments to Master Plan, etc.) #

(1) If necessary, the Minister of Land, Infrastructure and Transport may amend the master plan that is already established and publicly announced. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The Minister of Land, Infrastructure and Transport shall amend the basic plan when he/she intends to amend any important matters prescribed by Presidential Decree, including the length of a runway, etc. after establishing and publicly announcing such basic plan. <Amended by Act No. 11690, Mar. 23, 2013>

(3) The provisions of Article 89 (3) shall apply mutatis mutandis to any amendment to the master plan or the basic plan referred to in paragraphs (1) and (2): Provided, That this shall not apply where he/she amends minor matter prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 91(Public Notification of Master Plan, etc.) #

When the Minister of Land, Infrastructure and Transport has made or amended the master plan or the basic plan, he/she shall publicly notify it, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 92(Restricted Conducts, etc.) #

(1) Any person who intends to engage in any of the conducts prescribed by Presidential Decree, such as the construction of buildings, installation of artificial structures, alterations to the form and quality of land, gathering of soil and stones, partition of land, and piling-up of goods, within an area designated and published as a planned airport development area pursuant to Articles 89 (2) and 91 shall obtain permission from the Minister of Land, Infrastructure and Transport (limited to conducts within any public waters managed by the Minister of Land, Infrastructure and Transport under the Public Waters Management and Reclamation Act; hereafter the same shall apply in this Article), the Governor of the competent Special Self-Governing Province, or the head of the competent Si/Gun/Gu. The same shall also apply where he/she intends to modify any of matters so permitted. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Notwithstanding paragraph (1), any of the following acts may be done without permission:

1. An act to be done for emergency measures necessary for disaster recovery or disaster management;

2. An alteration to the form and quality of land for farming and other acts prescribed by Presidential Decree.

(3) The Minister of Land, Infrastructure and Transport, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order a person who violates paragraph (1) to restore the relevant area to its original state. In such cases, if the person so ordered fails to perform his/her obligation, the Minister of Land, Infrastructure and Transport, the Governor or the competent Special Self-Governing Province, or the head of the competent Si/Gun/Gu may execute it by proxy pursuant to the Administrative Vicarious Execution Act. <Amended by Act No. 11690, Mar. 23, 2013>

(4) Except as provided for in this Act, Articles 57 through 60 and 62 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the permission under paragraph (1).

(5) When permission has been granted under paragraph (1), permission shall be deemed granted pursuant to Article 56 of the National Land Planning and Utilization Act.

[This Article Newly Inserted by Act No. 11244, Jan. 26, 2012]

Article 93 #

Deleted. <by Act No. 7715, Dec. 7, 2005>

Article 94(Operator of Airport Development Projects) #

(1) Airport development projects shall be carried out by the Minister of Land, Infrastructure and Transport: Provided, That this shall not apply where this Act or any other statutes provide that an airport development project be performed by any person other than the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Any person, other than the Minister of Land, Infrastructure and Transport, who intends to execute an airport development project, shall obtain permission therefor from the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree: Provided, That a minor project for renovation of airport facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport may be implemented without permission from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) The criteria for permission under paragraph (2) are as follows:

1. The conformity of purposes and details of the intended airport development project to the master plan and basic plan;

2. Financial and technical capability necessary to properly perform the airport development project.

(4) In granting permission referred to in paragraph (2), the Minister of Land, Infrastructure and Transport may do so under the condition that the land and airport facilities (excluding those prescribed by Presidential Decree) related to the airport development project revert to the State, or the operator of the airport development project, bears the incidental expenses incurred in installation of basic facilities, such as roads, waterworks, drainage, needed in the airport development project. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 95(Establishment, Approval, etc. of Implementation Plans) #

(1) The operator of an airport development project (hereinafter referred to as "project operator") under the provisions of Article 94 shall formulate an implementation plan therefor before he/she commences such project, as prescribed by Presidential Decree.

(2) The implementation plan referred to in paragraph (1) shall attach or expressly indicate the design drawings, financing plan, project implementation period necessary for the implementation of such project and other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) When any project operator, other than the Minister of Land, Infrastructure and Transport, formulates an implementation plan, he/she shall obtain approval for such plan from the Minister of Land, Infrastructure and Transport. The same shall also apply where he/she intends to alter approved matters. <Amended by Act No. 11690, Mar. 23, 2013>

(4) Notwithstanding the provisions of the latter part of paragraph (3), any project operator, other than the Minister of Land, Infrastructure and Transport may file a report on the alteration of minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, simultaneously along with an application for confirming the completion of the construction works under the provisions of Article 104. <Amended by Act No. 11690, Mar. 23, 2013>

(5) When the Minister of Land, Infrastructure and Transport formulates an implementation plan pursuant to paragraph (1) or approves such implementation plan pursuant to paragraph (3), he/she shall publicly notify such fact as prescribed by Presidential Decree and send copies of relevant documents to the Governor of the competent Special Self-Governing Province or the head of a competent Si, Gun, or autonomous Gu (hereinafter referred to as the "head of a Si/Gun/Gu"). <Amended by Act No. 11690, Mar. 23, 2013>

(6) Where the head of a Si/Gun/Gu, upon receiving copies of relevant documents under paragraph (5), discovers that the relevant documents include matters determined regarding urban management planning, he/she shall take necessary measures including an application for approval of topographic map pursuant to Article 32 of the National Land Planning and Utilization Act. In such cases, the project operator shall furnish documents necessary for the public notification of topographic maps and other relevant matters to the head of a Si/Gun/Gu.

(7) When the Minister of Land, Infrastructure and Transport establishes or approves an implementation plan which requires the expropriation of land, etc., under the provisions of Article 98 (1), he/she shall publicly notify the name of the project operator, the type of project and the details of the land, etc. to be expropriated, and notify such fact to the owner of the land, etc. and other persons who hold any right to such land, etc.: Provided, That the same shall not apply where the project operator consults in advance with the owner of land, etc. and other persons who hold any right to such land, etc. by the time he/she files an application for establishing or approving his/her implementation plan. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 96(Relationship to other Acts) #

(1) When the Minister of Land, Infrastructure and Transport formulates or approves an implementation plan under Article 95 (1) and (3), the following approval, permission, authorization, determination, designation, license, consultation, agreement, deliberation, etc. shall be deemed obtained or performed: <Amended by Act No. 10272, Apr. 15, 2010; Act No. 10331, May 31, 2010; Act No. 11690, Mar. 23, 2013; Act No. 12216, Jan. 7, 2014; Act No. 12248, Jan. 14, 2014; Act No. 13433, Jul. 24, 2015>

1. Determination of an urban management planning under Article 30 of the National Land Planning and Utilization Act (limited to infrastructure defined in subparagraph 6 of Article 2 of the same Act), permission for development activities under Article 56 of the same Act, designation of the implementor of urban planning facility project under Article 86 of the same Act, and authorization of the implementation plan under Article 88 of the same Act;

2. Permission for the occupation and use of public water surface under Article 8 of the Public Waters Management and Reclamation Act, approval of or reporting on an implementation plan for occupation and use under Article 17 of the same Act, license for reclamation of public water surface under Article 28 of the same Act, consultation about or approval of reclamation implemented by the State, etc. under Article 35 of the same Act, and approval of an implementation plan for reclamation of public water surface under Article 38 of the same Act;

3. Deleted; <by Act No. 10272, Apr. 15, 2010>

4. Consultation with or approval from a river management agency under Article 6 of the River Act (limited to permission for implementation of river works under Article 30 of the same Act, permission to occupy and use a river under Article 33 of the same Act, and permission to use river water under Article 50 of the same Act);

5. Consultation with or approval from the road management agency under Article 107 of the Road Act (limited to permission for execution of road works in favor of a person other than the road management agency under Article 36 of the same Act and to permission to occupy and use a road under Article 61 of the same Act);

6. Approval of a business plan for urban railroads under Article 7 (1) of the Urban Railroad Act;

7. Consultation with the park management agency under Article 71 (1) of the Natural Parks Act (limited to permission for activities in a park zone under Article 23 of the same Act);

8. Permission for, or consultation about, diversion of farmland under Article 34 of the Farmland Act;

9. Permission for logging, etc. in an erosion control area under Article 14 of the Erosion Control Work Act;

10. Permission to divert forest under Article 14 of the Mountainous Districts Management Act, reporting on the diversion of forest under Article 15 of the same Act, permission for, or reporting on, the temporary use of forest under Article 15-2 of the same Act, permission for, and reporting on, the cutting, etc. of standing timber under Article 36 (1) and (4) of the Creation and Management of Forest Resources Act, and permission for, and reporting on, activities within a protective forest under Article 45 (1) and (2) of the same Act;

11. Authorization for installing private-use waterworks under Articles 52 and 54 of the Water Supply and Waterworks Installation Act;

12. Permission for construction works for public sewerage or for the maintenance of public sewerage under Article 16 of the Sewerage Act;

13. Permission for execution of harbor works under Article 9 (2) of the Harbor Act;

14. Consultation on permission, etc. of an administrative agency under Article 13 of the Protection of Military Bases and Installations Act;

15. Examination of a statement of traffic impact assessment under Article 16 of the Urban Traffic Improvement Promotion Act;

16. Permission for, or consultation on, the conversion of any grassland under Article 23 of the Grassland Act.

(2) When the Minister of Land, Infrastructure and Transport has publicly notified the formulation or approval of an implementation plan under Article 95 (5), the following public notification or announcement shall be deemed issued: <Amended by Act No. 10272, Apr. 15, 2010; Act No. 11690, Mar. 23, 2013>

1. Public notification of an implementation plan under Article 91 of the National Land Planning and Utilization Act;

2. Public notification of permission for occupation or use under Article 8 of the Public Waters Management and Reclamation Act and public announcement of license for reclamation under Article 33 of the same Act;

3. Deleted; <by Act No. 10272, Apr. 15, 2010>

4. Public notification of permission to occupy pursuant to Article 33 (6) of the River Act.

(3) If the Minister of Land, Infrastructure and Transport intends to formulate or approve an implementation plan under Article 95 (1) or (3), he/she shall pre-consult with the head of the competent administrative agency about whether the implementation plan complies with the related Acts referred to in subparagraphs of paragraph (1). In such cases, the head of the competent administrative agency shall present his/her opinion within the period determined by Presidential Decree after he/she receives the request for consultation. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 97(Access to and Use of Land) #

(1) If necessary for executing a project, the project operator may do any act provided for in any of the following subparagraphs:

1. Enter to a third person's land;

2. Temporarily use another's land as a materials yard, passage, or temporary road;

3. Alter or remove trees, earth, stones or other obstacles if it is particularly necessary.

(2) The provisions of Articles 130 (2) through (9) and 131 of the National Land Planning and Utilization Act shall apply mutatis mutandis to cases of performing any act referred to in paragraph (1). In such cases, "implementor of urban planning facility project" shall be construed as "project operator" under this Act.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 98(Expropriation of Land, etc.) #

(1) If necessary for the implementation of an airport development project, the project operator may expropriate or use the land, things or rights (hereinafter referred to as "land, etc") as prescribed by Article 3 of the Act on Acquisition of Land, etc. for Public Works Projects.

(2) When an implementation plan is formulated or approved and publicly notified pursuant to the provisions of Article 95, it shall be deemed that the relevant project is approved under the provisions of Article 20 (1) of the Act on Acquisition of Land, etc. for Public Works Projects and such approval for project is publicly notified under the provisions of Article 22 of the same Act, and an application for a ruling may be made within the implementation period of the airport development project as determined by the implementation plan, regardless of the provisions of Articles 23 (1) and 28 (1) of the same Act.

(3) The land expropriation committee competent to rule on expropriation or use of land, etc. referred to in paragraph (1) shall be the Central Land Expropriation Committee.

(4) Except as otherwise expressly provided for by this Act, the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor shall apply mutatis mutandis to the expropriation or use of land, etc. referred to in paragraph (1).

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 99(Restriction, etc. on Disposal of State-Owned Land) #

(1) No State-owned land located in a planned airport development area, and required for an airport development project, may be sold or transferred for any purpose other than the airport development project.

(2) Notwithstanding the provisions of the State Property Act, State-owned property located in a planned airport development area may be sold or transferred by a private contract to the relevant project operator. In such cases, with respect to the abolition of use (applicable only for the administrative property), sale and transfer of such property, the Minister of Land, Infrastructure and Transport shall consult in advance with the head of the relevant administrative agency. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 99-2(Request for Land Purchase) #

(1) Any of the following owners of land which becomes unusable for its original purpose, resulting in a substantial reduction of its utility, or the use of and profit-making from which are actually impossible (hereinafter referred to as “land subject to purchase”) following the public notification of a planned airport development area, may request the relevant project operator to purchase such land:

1. Where he/she continues to own the land ever since the planned airport development area was publicly notified;

2. Where he/she continues to own the land after acquiring it before the use thereof and profit-making therefrom were actually impossible;

3. Where he/she continues to own the land after inheriting it from any person falling under subparagraph 1 or 2.

(2) Detailed criteria for determining land which becomes unusable for its original purpose, resulting in a substantial reduction of its utility, or the use of and profit-making from which are actually impossible under paragraph (1), shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 13381, Jun. 22, 2015]

Article 99-3(Procedures, etc. for Purchase Request) #

(1) A project operator shall notify a requester for land purchase of whether relevant land is subject to purchase, an estimated purchase price thereof, etc. within six months from the date of receiving the request for land purchase under Article 99-2 (1).

(2) With respect to land subject to purchase notified under paragraph (1), the project operator shall formulate a purchase plan and purchase the land subject to purchase within a period determined by Presidential Decree not exceeding five years.

(3) The purchase price of land subject to purchase (hereinafter referred to as “purchase price”) shall be an amount appraised on the basis of the officially assessed price of reference land under the Act on the Public Announcement of Values and Appraisal of Real Estate as at the time the purchase request is made, taking into consideration the fluctuation rate of land prices and the increase rate of producer prices determined by Presidential Decree, and the location, shape, environment, status of use, etc. of the relevant land, etc. for the period from the base date of the official assessment to the scheduled date of payment to the purchase requester.

(4) Land purchased pursuant to paragraphs (1) through (3) shall become vested in the State if the project operator is the Minister of Land, Infrastructure and Transport; or in the relevant project operator if the project operator is not the Minister of Land, Infrastructure and Transport.

(5) With respect to land purchased pursuant to paragraphs (1) through (3), methods for calculating the purchase prices, procedures for purchase thereof, and other necessary matters, shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 13381, Jun. 22, 2015]

Article 99-4(Liability for Expenses) #

(1) A project operator shall be liable to pay expenses incurred in appraisal, etc. to calculate a purchase price under Article 99-3 (3).

(2) Notwithstanding paragraph (1), where a purchase requester withdraws his/her request for purchase without justifiable grounds, the project operator may have the purchase requester bear all or some of the expenses incurred in appraising relevant land, as prescribed by Presidential Decree: Provided, That this shall not apply where the purchase price falls against the estimated purchase price by at least the ratio prescribed by Presidential Decree.

(3) Where the project operator is the Minister of Land, Infrastructure and Transport or the head of a local government, he/she may collect the expenses to be paid by the purchase requester pursuant to the main sentence of paragraph (2) in the same manner as delinquent national or local taxes are collected, if the purchase requester fails to pay them.

[This Article Newly Inserted by Act No. 13381, Jun. 22, 2015]

Article 100(Entrustment with Affairs concerning Land Purchase, etc.) #

(1) Any project operator not a local government, may entrust the head of the competent local government with affairs concerning the purchase of land, compensation for loss, projects for removal, etc. for the relevant airport development project, as prescribed by Presidential Decree.

(2) Where affairs concerning the purchase of land, compensation for loss, projects for removal, etc. are entrusted under the provisions of paragraph (1), the entrustment fee, etc. shall be subject to the terms and conditions prescribed by the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor.

(3) If any loss is compensated under the provisions of paragraph (2), the State shall compensate the loss where it is attributable to any disposition or restriction taken by the Minister of Land, Infrastructure and Transport, or the project operator shall compensate such loss or install facilities to prevent such loss where it is attributable to the implementation of a project by a person other than the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 101(Execution of Incidental Works) #

(1) In implementing an airport development project, the project operator may execute incidental works directly related to the airport development project, together with the main works as if the incidental work were the airport development project.

(2) The scope of incidental work referred to in paragraph (1) shall be determined by Presidential Decree.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 102(Vicarious Execution of Airport Development Projects) #

If necessary for effectively performing an airport development project, the Minister of Land, Infrastructure and Transport may have the permitted airport development project vicariously executed at the cost of the project operator as prescribed by Article 94 (2) after consulting with him/her. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 103(Charge to Offenders Causing Damage) #

(1) If a person performs any construction works or act which causes damage to the airport facilities under the control of the Minister of Land, Infrastructure and Transport, the said Minister may have the person conducting such construction works or performing act fully or partially bear the expenses incurred in repair or maintenance of the airport facilities which is caused by him/her, or of those required for preventing such damage. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Matters necessary for imposition and collection of charges referred to in paragraph (1) shall be determined 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. 9780, Jun. 9, 2009]

Article 104(Confirmation of Completion of Construction Works) #

(1) A project operator prescribed by the provisions of Article 94 (2) shall, when he/she completes his/her construction works, promptly file a report on the completion of such construction works with the Minister of Land, Infrastructure and Transport and obtain the confirmation of such construction completion: Provided, That any structures, the use of which has been permitted by the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu, pursuant to Article 22 of the Building Act, shall be deemed to have obtained such confirmation. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The project operator prescribed by the provisions of Article 94 (2) shall, upon obtaining approval to use his/her structures under the proviso to paragraph (1), report the fact to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) The Minister of Land, Infrastructure and Transport shall, upon receiving an application for the confirmation of construction completion under paragraph (1), conduct such confirmation and where such construction works are deemed carried out according to the contents of permission, shall issue to the applicant a certificate of confirmation of construction completion. <Amended by Act No. 11690, Mar. 23, 2013>

(4) When a certificate of confirmation of construction completion is issued under the provisions of paragraph (3), the confirmation, authorization, etc. of completion on the work according to approval, permission, license, etc. under subparagraphs of Article 96 (1) shall be deemed obtained.

(5) No land or airport facilities that are developed or installed by the airport development project shall be used before the certificate of confirmation of construction completion referred to in paragraph (3) is issued: Provided, That this shall not apply where permission for use prior to the confirmation of construction completion is granted by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 105(Reversion of Airport Facilities and Exemption from Rent) #

(1) Any person who desires to invest in an airport development project executed by the Minister of Land, Infrastructure and Transport under the provisions of Article 94 (1) shall obtain permission from the Minister of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport may permit it on condition that the land and airport facilities (excluding those prescribed by Presidential Decree) associated with the airport development project revert to the State. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The land and airport facilities which are developed or installed by permission to which any condition is attached under the latter part of paragraph (1) and Article 94 (4) shall revert to the State simultaneously upon completion of the relevant work: Provided, That when permission is granted with no conditions attached, the land and airport facilities shall belong to the relevant project operator.

(3) The Minister of Land, Infrastructure and Transport may allow investors and the project operator of facilities reverted to the State under the provisions of paragraph (2) to gratuitously use and profit from the airport facilities and other airport facilities under the control of the Minister of Land, Infrastructure and Transport within the total project costs they have invested, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>

(4) The method of calculating the total project cost referred to in paragraph (3) and the period in which they may use and profit gratuitously shall be determined by Presidential Decree.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 105-2(Management Authority over Airport Facilities) #

(1) The Minister of Land, Infrastructure and Transport may establish the authority to maintain and manage airport facilities and collect rents from those who use or utilize such airport facilities (hereinafter referred to as "management authority over airport facilities"). <Amended by Act No. 11690, Mar. 23, 2013>

(2) Any person granted management authority over airport facilities under the provisions of paragraph (1) shall file a registration with the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. The same shall also apply where he/she intends to alter registered matters. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 105-3(Nature of Management Authority for Airport Facilities) #

The management authority for airport facilities shall be deemed a real right and the provisions concerning real estate in the Civil Act shall apply mutatis mutandis to such right, except as otherwise provided for in this Act.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 105-4(Special Case for Establishment of Mortgages) #

(1) No management authority over airport facilities on which a mortgage has been placed may be disposed of without the mortgagee’s consent.

(2) No mortgage may be placed on a management authority over such important airport facilities, including runways, etc., as prescribed by Presidential Decree from among airport facilities for which management authority has been established under Article 105-2.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 105-5(Change in Rights) #

(1) The establishment, alteration, or expiration of management authority over airport facilities, or a mortgage thereon, or restrictions on the disposal thereof, shall take effect upon registration of such fact with an airport facility management authority register preserved by the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Matters necessary for registration of management authority over airport facilities, etc. referred to in paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 106(Airport Facility Management Ledger) #

(1) Any person authorized to manage airport facilities shall prepare and keep a management ledger of the airport facilities in his/her custody.

(2) Matters necessary for preparation and preservation of, and matters to be included in, airport facilities management ledgers shall be determined 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. 9780, Jun. 9, 2009]

Article 106-2(Conduct Prohibited in Airport Facilities) #

(1) No one shall engage in any of the following activities in an airport facility without approval from a person who manages the airport facility: <Amended by Act No. 10162, Mar. 22, 2010>

1. Conducting commercial affairs;

2. Occupying the airport facility without permission;

3. Soliciting the purchase of goods and service or soliciting customers for a sales purpose;

4. Other activities prescribed by Presidential Decree as equivalent to those in subparagraphs 1 through 3, deemed to considerably impede airport users' access to the airport facility or the operation of the airport facility.

(2) Any person who manages an airport facility may order a person who violates paragraph (1) to refrain himself/herself or to leave the place.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 107(Airport Facility Usage Fee) #

(1) Any airport operator may collect fees from those who use or utilize any facilities of the airport he/she operates.

(2) Any airport operator who intends to collect fees under paragraph (1) shall determine the rates and file a report thereon with the Minister of Land, Infrastructure and Transport. The same shall also apply where he/she intends to alter the rates: Provided, That when any airport operator other than the public institutions under Article 4 of the Act on the Management of Public Institutions intends to determine or alter the airport facility usage fee, he/she shall obtain approval therefor from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Newly Inserted by Act No. 11244, Jan. 26, 2012]

Article 108 #

Deleted. <By Act No. 10161, Mar. 22, 2010>

Article 108-2(Noise Abatement Procedures, etc.) #

(1) Every aircraft taking off or landing in any airport located within an area requiring countermeasures against noise pursuant to the Airport Noise Prevention and Areas Assistance Act shall operate the aircraft according to the operating procedures determined and publicly notified by the Minister of Land, Infrastructure and Transport (hereinafter referred to as "noise abatement procedures") to reduce its noise. <Amended by Act No. 10161, Mar. 22, 2010; Act No. 11690, Mar. 23, 2013>

(2) When an aircraft is likely to cause any damage by generating noise exceeding noise levels set by the International Civil Aviation Organization, the Minister of Land, Infrastructure and Transport may restrict the operation of such aircraft. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 109 #

Deleted. <by Act No. 10161, Mar. 22, 2010>

Article 109-2 #

Deleted. <by Act No. 10161, Mar. 22, 2010>

Article 110(Supervision) #

(1) In executing an airport development project or managing airport facilities, the Minister of Land, Infrastructure and Transport may revoke permission, approval or designation on the execution and management of such project, or take any measure necessary to suspend the effects of such permission, approval or designation, discontinuance of works, or remodeling, alteration, transfer, removal, restitution, etc. of structure or objects, in any of the following cases: Provided, That permission or approval for execution and management of such project shall be revoked, if it falls under subparagraph 1 or 4: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

1. Where permission is obtained deceitfully or unlawfully;

2. Where a project operator, other than the Minister of Land, Infrastructure and Transport, formulates an implementation plan, or makes a revision to such plan already approved, without approval in violation of Article 95 (3);

3. Where the implementation plan for which approval or approval for amendment thereto is granted pursuant to Article 95 (3) is violated;

4. Where it is deemed impossible to continue executing the airport development project due to changes in circumstances;

5. Where any land or airport facility that is developed or installed under the airport development project is used in violation of Article 104 (5).

(2) The detailed criteria and procedures for the disposition under paragraph (1) and other necessary matters shall be 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. 9780, Jun. 9, 2009]

Article 111(Provisions Applicable Mutatis Mutandis) #

(1) The provisions of Articles 75 (3), 76, 77 (2), 80, 82 through 85, and 88 shall apply mutatis mutandis to any airport installed and administered by the Minister of Land, Infrastructure and Transport (including any airport administered by a person granted management authority over airport facilities from the Minister of Land, Infrastructure and Transport under the provisions of Article 105-2). In such cases, "airfield facilities constructor" in Articles 82 and 83 shall be construed as "Minister of Land, Infrastructure and Transport or person granted management authority over airport facilities". <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

(2) The provisions of Articles 75 (3), 76, 77 (2), 78 through 80, 80-2, 80-3, 81 through 85, 87 and 88 shall apply mutatis mutandis to any airport installed and administered by any person other than the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 111-2(Airport Operator’s Certificate, etc.) #

(1) Any airport operator who intends to operate an airport prescribed by Presidential Decree, such as an airport, etc. with international air routes, shall obtain a certificate to the effect that the operator is equipped with the systems capable of operating the airport safely (hereinafter referred to as "airport operator’s certificate") from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The Minister of Land, Infrastructure and Transport shall determine and publicly notify the technical criteria for manpower, facilities, and equipment required for a safe operation system of airport, operational procedures, etc. (hereinafter referred to as "standards for safe operation of airport"). <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 111-3(Airport Operating Rules) #

(1) Any airport operator who intends to obtain an airport operator’s certificate under Article 111-2 (1) shall establish the rules for operation of the relevant airport (hereinafter referred to as "airport operating rules") pursuant to the standards for safe operation of airport and obtain authorization therefor from the Minister of Land, Infrastructure and Transport; the same shall also apply where intending to amend the said rules: Provided, That any alteration to minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as an airport operator's own detailed operational rules, shall be reported to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Where the standards for safe operation of an airport are modified, or the Minister of Land, Infrastructure and Transport orders them to be modified for airport safety or for prevention of danger, an airport operator who has obtained an airport operator’s certificate shall modify the airport operating rules, 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. 9780, Jun. 9, 2009]

Article 111-4(Inspection, etc. of Airport Operations) #

(1) An airport operator who has obtained an airport operator’s certificate shall continuously maintain a safe airport operation system pursuant to the standards for safe operation of airport and the airport operating rules, and the Minister of Land, Infrastructure and Transport shall verify regularly or occasionally whether he/she complies with them. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Where an airport operator has, as found during inspections under paragraph (1), operated the airport in contravention of the standards for safe operation of an airport and the airport operating rules, the Minister of Land, Infrastructure and Transport may order a corrective measure, 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. 9780, Jun. 9, 2009]

Article 111-5(Revocation of Airport Operator’s Certificates, etc.) #

(1) When an airport operator who has obtained an airport operator’s certificate falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may either revoke the airport operator’s certificate or order suspension of airport operation, fixing a period not exceeding six months: Provided, That when he/she falls under subparagraph 1, the said Minister shall revoke the airport operator’s certificate: <Amended by Act No. 11690, Mar. 23, 2013>

1. When he/she has obtained the airport operator’s certificate by fraud or other improper means;

2. When he/she has violated Article 49 (2) by committing any of the following breaches:

(a) When he/she fails to establish an aviation safety management system before the commencement of his/her business;

(b) When he/she has operated an aviation safety management system without approval;

(c) When he/she has operated an aviation safety management system in a manner different from that approved;

(d) When he/she has changed any important matters specified by Ordinance of the Ministry of Land, Infrastructure and Transport without approval;

3. When he/she fails to comply with a corrective measure prescribed Article 111-4 (2);

4. When he/she has endangered airport safety in contravention of the standards for safe operation of an airport without justifiable grounds, such as a natural disaster;

5. When he/she has been responsible for any aircraft accident caused by his/her intention or gross negligence, or his/her negligence in performance of duty of due care to control and supervise his/her airport employees.

(2) Matters necessary for the standards, procedures, etc. for dispositions taken under paragraph (1) shall be 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. 9780, Jun. 9, 2009]

Article 111-6(Imposition of Penalty Surcharges) #

(1) Where an airport operator who has obtained an airport operator’s certificate falls under any of Article 111-5 (1) 2 through 5, which calls for an order for suspension of airport operation, but the suspension of airport operation is likely to cause serious inconvenience to the airport users, etc. or damage the public interests, the Minister of Land, Infrastructure and Transport may impose a penalty surcharge not exceeding one billion won, in lieu of a disposition suspending airport operation. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The amount of a penalty surcharge imposed pursuant to paragraph (1) depending on the type and severity of a violation, and other necessary matters shall be prescribed by Presidential Decree.

(3) When a person liable to pay a penalty surcharge under paragraph (1) fails to pay it by the payment deadline, the Minister of Land, Infrastructure and Transport shall collect it in the same manner as delinquent national taxes are collected as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 112(Domestic Air Transportation Business and International Air Transportation Business) #

(1) Any person who desires to engage in domestic air transportation business or international air transportation business shall obtain a license therefor from the Minister of Land, Infrastructure and Transport: Provided, That when he/she has obtained a license for international air transportation business, a license for domestic air transportation business shall be deemed granted. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Where any person granted a license pursuant to paragraph (1) desires to operate regular flights, he/she shall obtain permission for a particular route from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) Any person who desires to obtain a license referred to in paragraph (1) or permission referred to in paragraph (2) shall each submit to the Minister of Land, Infrastructure and Transport an application therefor, together with a business operation plan or a business plan. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14114, Mar. 29, 2016>

(4) Where any person granted a license pursuant to paragraph (1) desires to operate irregular flights, he/she shall obtain permission therefor from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(5) When intending to modify any of licensed or permitted matters, any person granted a license referred to in paragraph (1) or permission referred to in paragraph (2) or (4) shall obtain a license or permission therefor.

(6) Necessary matters regarding procedures, etc. for license, permission, or license or permission for altering licensed or permitted matters under paragraphs (1) through (5), shall be 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. 9780, Jun. 9, 2009]

Article 112-2(Disclosure of Information on Safety Levels of Air Transportation Business Entities) #

In order to ensure safe use of air transport by citizens, the Minister of Land, Infrastructure and Transport shall, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, disclose information on safety levels of air transportation business entities (including international air transportation business entities of foreign nationality under Article 144) including the following: <Amended by Act No. 11690, Mar. 23, 2013>

1. Information on air accidents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

2. Results of safety appraisal by the International Civil Aviation Organization concerning the nations to which air transportation business entities belong (limited to countries that the International Civil Aviation Organization has disclosed as having higher risk of air accidents for failing to satisfy the safety standards thereof);

3. Other information prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport concerning the safety of air transportation business entities.

[This Article Wholly Amended by Act No. 11244, Jan. 26, 2012]

Article 112-3(Transport Clauses) #

(1) An air transportation business entity shall prepare its transport clauses and report thereon to the Minister of Land, Infrastructure and Transport. The same shall also apply where it seeks to amend its transport clauses.

(2) Matters necessary for reporting, etc. on transport clauses under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

[This Article Newly Inserted by Act No. 13810, Jan. 19, 2016]

Article 113(License Standards) #

(1) Standards for licensing the domestic air transportation business or international air transportation business shall be as follows: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14114, Mar. 29, 2016>

1. The relevant business shall not be likely to impair air traffic safety;

2. The relevant business shall be fit for the convenience of users;

3. The relevant business shall have financial capability necessary to perform its business activities, including working funds for a certain period, according to the criteria prescribed by Presidential Decree;

4. The relevant business shall meet the following requirements:

(a) Its capital shall be at least five billion won, as prescribed by Presidential Decree;

(b) It shall meet the criteria prescribed by Presidential Decree, such as owning at least one aircraft;

(c) It shall meet the requirements prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport regarding business activities.

(2) A domestic air transportation business entity or an international air transportation business entity shall meet the standards for licensing referred to in paragraph (1) prior to commencing operation and ever since, after such license is granted. <Amended by Act No. 14114, Mar. 29, 2016>

(3) The Minister of Land, Infrastructure and Transport may require a relevant business entity to submit materials necessary to ascertain whether the standards for licensing referred to in paragraph (2) are met, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 14114, Mar. 29, 2016>

(4) Where any ground falling under any subparagraph of Article 114 or any significant change in management, such as change of a large stockholder, occurs, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, the relevant domestic air transportation business entity or international air transportation business entity shall promptly notify the Minister of Land, Infrastructure and Transport thereof. <Newly Inserted by Act No. 14114, Mar. 29, 2016>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 113-2(Seeking Opinions about Licensing) #

(1) The Minister of Land, Infrastructure and Transport shall seek opinions from relevant professionals and interested persons prior to issuing a license under Article 112 (1) or revoking a license under Article 129.

(2) Matters necessary for seeking opinions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

[This Article Newly Inserted by Act No. 14114, Mar. 29, 2016]

Article 114(Disqualifications for License) #

The Minister of Land, Infrastructure and Transport shall not grant any license for domestic air transportation business or international air transportation business to any of the following: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13381, Jun. 22, 2015; Act No. 14114, Mar. 29, 2016>

1. Any person who falls under any subparagraph of Article 6 (1);

2. Any incompetent person under adult guardianship, quasi-incompetent person under limited guardianship, or person adjudicated bankrupt, but not yet reinstated;

3. Any person for whom three years have not passed since his/her imprisonment without labor or heavier punishment declared by a court for violating this Act, the Aviation Security Act, the Aviation and Rail Accident Investigation Act, or the Air Transport Business Promotion Act was completely executed or the non-execution of the sentence became final or any person who is under suspension of the execution of such punishment;

4. Any person for whom two years have not passed since the disposition to revoke license for, or registration of, domestic air transportation business, international air transportation business, small air transportation business, or aircraft-using business;

5. Any corporation whose executive officer falls under any of subparagraphs 1 through 4.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 115(Duty to Commence Operations) #

(1) A person who holds a license for the domestic air transportation business or international air transportation business pursuant to Article 112 (1) shall commence the operations on the date specified in his/her license application: Provided, That this shall not apply where the date is postponed with approval from the Minister of Land, Infrastructure and Transport due to any natural disaster or other unavoidable cause. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

(2) Where a domestic air transportation business entity or an international air transportation business entity has obtained permission for a regular flight pursuant to Article 112 (2), he/she shall commence the operations on the date specified in his/her application for such flight permission: Provided, That this shall not apply where the date is postponed with approval from the Minister of Land, Infrastructure and Transport due to any natural disaster or other unavoidable cause. <Newly Inserted by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 115-2(Certification for Operation for Air Transportation Business) #

(1) A domestic air transportation business entity or international air transportation business entity shall commence the operation after obtaining certification for operation after undergoing examination by the Minister of Land, Infrastructure and Transport on the systems of safe operation, such as the manpower, equipment, facilities, and support for operational control and maintenance control, under the criteria prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) In granting certification for operation under paragraph (1), the Minister of Land, Infrastructure and Transport shall set the operational criteria clarifying the conditions for operation and restricted matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport concerning the air routes, airports, methods of aircraft maintenance, etc., and deliver them concurrently. <Amended by Act No. 11690, Mar. 23, 2013>

(3) The Minister of Land, Infrastructure and Transport may, where deemed necessary for ensuring the safe operation of aircraft, alter the operational criteria under paragraph (2) ex officio or upon an application of the domestic air transportation business entity or international air transportation business entity. <Amended by Act No. 11690, Mar. 23, 2013>

(4) The domestic air transportation business entity, international air transportation business entity, or relevant aircrew shall comply with the operational criteria under paragraph (2).

(5) The domestic air transportation business entity or international air transportation business entity who has obtained the certification for operation under paragraph (1) shall maintain the safe flight system as when he/she initially obtained the certification for operation, and where any alteration is made in the safe flight system due to the establishment of a new route, etc., he/she shall undergo the examination by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(6) The Minister of Land, Infrastructure and Transport shall periodically or occasionally check whether the domestic air transportation business entity or international air transportation business entity who has obtained the certification for operation under paragraph (1) maintains the safe flight system, in order to ensure the safe operation of aircraft. <Amended by Act No. 11690, Mar. 23, 2013>

(7) Where emergency measures are required due to any of the following, while performing periodical and occasional checks referred to in paragraph (6), the Minister of Land, Infrastructure and Transport may have the operation of aircraft or air routes suspended and the services of aircrew suspended, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12706, May 28, 2014>

1. Where any matter is discovered that may affect the airworthiness of aircraft;

2. Where it is found that aircrew involved in operating aircraft do not satisfy the requirements necessary to perform their duties under this Act, such as education and training and operational qualifications;

3. Where it is found that any of the standards for safe operation of aircraft prescribed by this Act, such as the standards for time on board and flight rules, is violated;

4. Where it is found that the state, etc. of the covered airport or airport runways may pose danger to the safe operation of aircraft;

5. Where it is deemed that any circumstance exists that may adversely affect the safe flight system.

(8) The Minister of Land, Infrastructure and Transport shall, when the ground for the disposition for suspension taken under paragraph (7) ceases to exist, revoke or change such disposition without delay. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 115-3(Revocation, etc. of Certification for Operation for Air Transportation Business) #

(1) If an air transportation business entity or aircraft-using business entity who has obtained certification for operation in accordance with Article 115-2 (including cases to which the said Article shall apply mutatis mutandis pursuant to Articles 132 (3) and 134 (3)) falls under any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the certification for operation or order him/her to suspend the operation of aircraft for a fixed period not exceeding six months: Provided, That certification for operation shall be revoked, if he/she falls under subparagraph 1, 37, or 46: <Amended by Act No. 10162, Mar. 22, 2010; Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014; Act No. 12706, May 28, 2014; Act No. 14114, Mar. 29, 2016>

1. If he/she obtains certification for operation fraudulently or deceptively;

2. If he/she uses an aircraft for aviation without certification of airworthiness, in violation of Article 15 (3);

3. If he/she uses an aircraft, etc. or the equipment or parts thereof for aviation, in defiance of an order to improve airworthiness in maintaining the aircraft, etc. or the equipment and parts thereof or to conduct inspections, maintenance, etc. so as to maintain the airworthiness of the aircraft under Article 15 (8);

4. If he/she violates Article 16 (2) by operating an aircraft without certification of the aircraft’s compliance with noise standards or an aircraft in breach of the standards for such certification;

5. If he/she violates Article 18 by using an aircraft for aviation without approval on airworthiness, even though the aircraft, for which certification of type is issued, ceases to comply with the relevant technical standards because of subsequent revision to technical standards;

6. If he/she violates Article 19 (2) by operating an aircraft, etc., or using equipment or parts in an aircraft, etc., without approval for repair or alteration;

7. If he/she violates Article 20 (3) by using any technical-standard goods in an aircraft, etc. without certification of type;

8. If he/she violates Article 20-2 (2) by using equipment or parts in an aircraft, etc. or the equipment thereof without certification of the manufacturer of parts, etc.;

9. If he/she violates Article 22 by operating an aircraft, etc., or using equipment or parts in an aircraft, etc., after maintenance or similar works without validation of compliance of the aircraft, etc., equipment or parts with the relevant technical standards;

10. If he/she violates Article 39 (1) by using an aircraft in aviation without indicating its nationality, the mark of registration, and the name or title of owner, etc.;

11. If he/she violates Article 40 by using an aircraft in aviation without the radio equipment installed, which is required by Ordinance of the Ministry of Land, Infrastructure and Transport, or using an aircraft in aviation with inoperable radio equipment;

12. If he/she violates Article 41 by using an aircraft in aviation without any aeronautical instrument, etc. installed or placed, or by not following prescribed methods, etc. in operating such instrument, etc.;

13. If he/she violates Article 43 by operating an aircraft without fuel and oil enough to meet the quantity prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

14. If he/she operates an aircraft at night or stopping or parking it in an airfield without indicating its location by signal lights, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in violation of Article 44;

15. If he/she violates Article 45 by allowing a flight crew member without flight experience required by Ordinance of the Ministry of Land, Infrastructure and Transport to use an aircraft for the air transportation business or the aircraft-using business in aviation or assigning such crew member to engage in an instrument flight, nighttime flight, or flight instruction;

16. If he/she violates Article 46 by requiring a crew member to perform his/her job in excess of the standard working hours, etc. on board prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

17. If he/she violates Article 47 (1) by having an aircrew member or cabin crew member engaged in aviation or cabin attendance, even though the air crew member or cabin crew member cannot normally perform his/her job under the influence of an alcoholic beverage, etc.;

18. If he/she violates Article 48 by allowing a flight crew member who fails to meet the standards for certification of medical examinations for aircrew referred to in Article 31 (2) to engage in aviation;

19. If he/she falls under any of the following cases, in violation of Article 49 (2):

(a) If he/she fails to establish an aviation safety management system until the commencement of his/her business;

(b) If he/she operates an aviation safety management system without approval;

(c) If he/she operates an aviation safety management system in a manner different from the approved system;

(d) If he/she changes any important matters specified by Ordinance of the Ministry of Land, Infrastructure and Transport without approval;

20. If he/she violates the proviso to Article 50 (5) by omitting a report on an aircraft accident, aircraft incident, or aviation safety hindrance, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, when it occurs;

21. If he/she violates Article 51 (4) by treating his/her pilot unfairly in accrediting or examining the qualification of the pilot or violates Article 51 (7) by allowing a plane captain who fails to meet the experience requirements in relation to the assigned area, route, or airport, to operate an aircraft;

22. If he/she fails to employ a flight dispatcher in violation of Article 52 (1);

23. If he/she violates Article 52 (3) by having a flight dispatcher engaged in his/her duty without providing the flight dispatcher with training programs necessary for his/her job, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

24. If he/she violates Article 53 (1) by allowing an aircraft to take off or land in an area other than that designated for take off and landing;

25. If he/she allows any activity prohibited during flight, in violation of Article 55;

26. If he/she carries any dangerous goods by an aircraft without permission, in violation of Article 59 (1);

27. If he/she fails to follow the procedures and manner for handling dangerous goods publicly notified by the Minister of Land, Infrastructure and Transport, in violation of Article 59 (2);

28. If he/she violates Article 61 (1) by allowing a person who fails to be trained to handle dangerous goods, to handle such dangerous goods;

29. If he/she operates an aircraft without approval, in violation of Article 69-2;

30. If he/she violates Article 69-3 (1) by operating an aircraft at any airspace prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as a reduced vertical separation minimum airspace or a required performance-based navigation airspace, without approval;

31. If he/she violates Article 74 (1) by operating an aircraft without crew members necessary for the safety of navigation, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

32. If he/she violates Article 74 (3) by not providing crew members on board with training and education necessary for performing their duties;

33. If he/she violates Article 74-3 by flying or conducting his/her business without complying with the operational technology criteria under Article 74-2;

34. If he/she commences an operation without certification for operation, in violation of Article 115-2 (1);

35. If he/she fails to comply with the operational criteria, in violation of Article 115-2 (4);

36. If he/she violates Article 115-2 (5) by operating an aircraft without continuously maintaining a safe operation system or without having an altered safe operation system inspected;

37. If he/she violates Article 115-2 (7) by operating an aircraft in defiance of the disposition to suspend operation of the aircraft;

38. If he/she violates Article 116 (1) by establishing or amending the flight manual or maintenance control manual without filing a report or obtaining authorization;

39. If he/she fails to distribute the flight manual or maintenance control manual, on which a report has been filed or authorization has been obtained pursuant to Article 116 (1), to those engaged in the relevant business, in violation of Article 116 (3);

40. If he/she fails to follow the flight manual or maintenance control manual reported or authorized pursuant to Article 116 (1) in operating or maintaining an aircraft, in violation of Article 116 (3);

41. If he/she fails to comply with an order to improve his/her business in relation to the matter under subparagraph 3, 5, or 9 of Article 122 for the safety in air transportation;

42. If he/she fails to submit a report or document related to his/her business (limited to business activities to ensure aviation safety) under Article 153 (1) or submits a false report or document;

43. If he/she refuses, interferes with, or evades access to an aircraft, etc. under Article 153 (2) or an inspection (limited to those conducted to ensure aviation safety) of account books, documents, etc. under the same provisions;

44. If he/she fails to respond to an inquiry (limited to those made to ensure aviation safety) made of the relevant person under Article 153 (2) or gives a false answer;

45. If he/she causes an aircraft accident or aircraft incident deliberately or by gross negligence or by neglecting his/her duty to pay reasonable attention in appointment and supervision of aircrew;

46. If he/she operates an aircraft during the period of suspension, in violation of an order to suspend the operation of aircraft pursuant to this Article.

(2) If any aircraft-using business entity (excluding any aircraft-using business entity who has obtained the certification for operation under Article 115-2 which shall apply mutatis mutandis under Article 134 (3)) falls under any of paragraph (1) 2 through 18, 20, 24 through 28, 30 through 33, and 38 through 45, the Minister of Land, Infrastructure and Transport may order him/her to suspend the operation of aircraft for a fixed period not exceeding six months, and if he/she falls under subparagraph 46 of the same paragraph, the Minister shall revoke the registration of his/her aircraft-using business under Article 134 (1). <Newly Inserted by Act No. 10162, Mar. 22, 2010; Act No. 11690, Mar. 23, 2013; Act No. 12706, May 28, 2014>

(3) The detailed criteria and procedures for dispositions under paragraphs (1) and (2) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 10162, Mar. 22, 2010; Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 115-4(Imposition of Penalty Surcharges) #

(1) The Minister of Land, Infrastructure and Transport may impose a penalty surcharge not exceeding ten billion won, in lieu of a disposition to suspend operation of aircraft, where the Minister shall issue an order to suspend the operation of aircraft on the ground that an air transportation business entity who has obtained certification for operation under Article 115-2 (1) (including cases to which the said provision shall apply mutatis mutandis pursuant to Article 132 (3)) falls under any of Article 115-3 (1) 2 through 36 and 38 through 45 but the suspension of operation is likely to severely inconvenience users, etc. of the aircraft or undermine public interests. <Amended by Act No. 10162, Mar. 22, 2010; Act No. 11690, Mar. 23, 2013; Act No. 12706, May 28, 2014>

(2) The Minister of Land, Infrastructure and Transport may impose a penalty surcharge not exceeding 300 million won in lieu of a disposition to suspend operation of aircraft, where the Minister shall order an aircraft-using business entity to suspend the operation of aircraft on the grounds of Article 115-3 (1) or (2) but the suspension of operation is likely to severely inconvenience users, etc. of the aircraft or undermine public interests. <Newly Inserted by Act No. 10162, Mar. 22, 2010; Act No. 11690, Mar. 23, 2013; Act No. 12706, May 28, 2014>

(3) The amount of a penalty surcharge imposed pursuant to paragraphs (1) and (2) depending upon the type and severity of a violation and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 10162, Mar. 22, 2010>

(4) If a person liable to pay a penalty surcharge pursuant to paragraphs (1) and (2) fails to pay it by the payment deadline, the Minister of Land, Infrastructure and Transport shall collect it in the same manner as delinquent national taxes are collected, as prescribed by Presidential Decree. <Amended by Act No. 10162, Mar. 22, 2010; Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 116(Flight Manual and Maintenance Control Manual) #

(1) A domestic air transportation business entity or an international air transportation business entity shall file a report with the Minister of Land, Infrastructure and Transport, if he/she intends to establish or modify a flight manual for operation of aircraft or a maintenance control manual for maintenance of aircraft within the limit prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That for matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as the catalogue of minimum equipment and training programs for crew, he/she shall obtain authorization therefor from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) When the Minister of Land, Infrastructure and Transport intends to authorize a catalogue of minimum equipment, training programs for crew, etc. pursuant to the proviso to paragraph (1), he/she shall ensure that they meet the operational technology criteria under Article 74-2. <Amended by Act No. 11690, Mar. 23, 2013>

(3) A domestic air transportation business entity or an international air transportation business entity shall distribute the flight manual and maintenance control manual reported to, or authorized by, the Minister of Land, Infrastructure and Transport under paragraph (1) to the persons engaged in the business of operating and maintaining aircraft, and the domestic air transportation business entity, international air transportation business entity, and persons engaged in the business of operating and maintaining aircraft shall comply with such manuals. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 117(Authorization, etc. for Fares or Rates) #

(1) An international air transportation business entity shall determine fares or rates for passengers or freight (excluding mail; hereinafter the same shall apply) of the relevant international air routes as prescribed by the relevant international aviation agreement, and shall either obtain authorization therefor from the Minister of Land, Infrastructure and Transport, or file a report thereof with the Minister of Land, Infrastructure and Transport. The same shall also apply where he/she intends to alter such fares or rates. <Amended by Act No. 11690, Mar. 23, 2013>

(2) When a domestic air transportation business entity intends to determine or alter fares or rates for passengers or freight of the relevant domestic air routes, the entity shall announce such determination or alteration in advance for at least 20 days.

(3) The guidelines for authorization for fares and rates under paragraph (1) shall be prescribed by Presidential Decree.

(4) An air transportation business entity shall provide air transport users with information about the aggregate amount of the fares and rates under paragraphs (1) and (3) and other actual expenses to be charged to the air transport users as prescribed by Presidential Decree (hereinafter referred to as “aggregate air fares, etc.”), so that they can easily understand the details thereof. <Newly Inserted by Act No. 12256, Jan. 14, 2014>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 118(Allocation, etc. of Traffic Rights) #

(1) The Minister of Land, Infrastructure and Transport may set the frequency of aviation through aviation conference with foreign governments and allocate rights to operate aircraft (hereinafter referred to as "traffic rights") to international air transportation business entities within the frequency so established, upon request by such business entities. <Amended by Act No. 11690, Mar. 23, 2013>

(2) In allocating the traffic rights under paragraph (1), the Minister of Land, Infrastructure and Transport shall take into consideration the standards for licensing referred to in subparagraphs of Article 113 (1), matters agreed upon at aviation conference with foreign governments, etc. <Amended by Act No. 11690, Mar. 23, 2013>

(3) The Minister of Land, Infrastructure and Transport may fully or partially withdraw any allocated traffic right to promote the rational use of such right, in cases falling under any of the following subparagraphs: <Amended by Act No. 11690, Mar. 23, 2013>

1. Where the business or relevant air route is closed pursuant to Article 128;

2. Where the relevant air route is not operated within one year after the traffic right is allocated;

3. Where all of part of traffic right is not used after the relevant air route is operated.

(4) The standards and methods for allocating and withdrawing the traffic rights under paragraphs (1) and (3) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, taking into account the potential of air transportation business entities to render related services, the convenience of users, etc. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]

Article 118-2(Allocation, etc. of Rights to Passage through Foreign Airspace) #

(1) The Minister of Land, Infrastructure and Transport may set the frequency of passage through foreign airspace via aviation conference with foreign governments and allocate rights to operate aircraft (hereinafter referred to as "rights to passage through foreign airspace") to international air transportation business entities within the frequency so established, upon request by such business entities. <Amended by Act No. 11690, Mar. 23, 2013>

(2) In allocating the rights to passage through foreign airspace under paragraph (1), the Minister of Land, Infrastructure and Transport shall take into consideration the standards for licensing referred to in subparagraphs of Article 113 (1), matters agreed upon at aviation conference with the foreign governments, etc. <Amended by Act No. 11690, Mar. 23, 2013>

(3) The Minister of Land, Infrastructure and Transport may fully or partially terminate the rights to passage through foreign airspace allocated pursuant to paragraph (1) when they are not in use. <Amended by Act No. 11690, Mar. 23, 2013>

(4) The standards and methods for allocating and terminating the rights to passage through foreign airspace under paragraphs (1) and (3) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, taking into account the potential of air transportation business entities to render related services, the convenience of users, etc. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]

Article 119(Furnishing of Transport Clause, etc. for Air Transport Users) #

An air transport service provider shall furnish the following documents in his/her business office or any other place readily visible to air transport users, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, so that the air transport users may inspect those documents: Provided, That subparagraphs 1 through 3 shall apply only to air transportation business entities among air transport service providers: <Amended by Act No. 11690, Mar. 23, 2013>

1. Fare list;

2. Rate list;

3. Transport clause;

4. Damage compensation plan under Article 119-2 (1) and other documents required to claim damage compensation.

[This Article Wholly Amended by Act No. 11244, Jan. 26, 2012]

Article 119-2(Protection, etc. of Air Transport Users) #

(1) Each air transport service provider shall formulate procedures for damage compensation and its execution plan to protect air transport users from the any of the following damage (hereinafter referred to as “damage compensation plan”): Provided, That this shall not apply where the air transport service provider proves that such damage arises from an event of force majeure, such as meteorological conditions, aircraft rotation, unscheduled maintenance for ensuring safe operation, and natural disasters that occur during the operation of airports: <Amended by Act No. 11690, Mar. 23, 2013>

1. Failure or delay of transportation by the air transport service provider;

2. Loss of or damage to consignments;

3. Over-issuance of airline tickets;

4. Delayed payment of refunds in airline ticket cancellation;

5. Missed flights due to non-provision of information regarding boarding gates, flights, etc.;

6. Except as otherwise referred to in subparagraphs 1 through 5, matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to protect air transport users.

(2) In formulating a damage compensation plan, an air transport service provider shall include each of the following: <Amended by Act No. 11690, Mar. 23, 2013>

1. Matters relating to the establishment and operation of a damage compensation information office;

2. Functions and duties of the department and personnel in charge of affairs relating to damage compensation;

3. Damage compensation processing procedures;

4. Methods of informing claimants for damage compensation of the results of processing their claims;

5. Except as otherwise referred to in subparagraphs 1 through 4, matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport regarding damage compensation for air transport users.

(3) Each air transport service provider shall quickly and fairly process any damage compensation claim filed by an air transport user and then give notice to him/her of the result within 14 days of receipt of such claim. <Amended by Act No. 13810, Jan. 19, 2016>

(4) Notwithstanding paragraph (3), if extraordinary grounds exist, such as the necessity of translation to inquire into the claimant’s damage, the air transport service provider shall give notice of the result within 60 days of receipt of the damage compensation claim filed by the air transport user. In such cases, the air transport service provider shall specify the grounds in the notice. <Newly Inserted by Act No. 13810, Jan. 19, 2016>

(5) If it is impracticable to process the damage compensation claim within the processing period under paragraphs (3) and (4) or at the request of the air transport user, the air transport service provider shall transfer the damage compensation claim to the Korea Consumer Agency under the Framework Act on Consumers. <Newly Inserted by Act No. 13810, Jan. 19, 2016>

(6) Each air transport service provider shall periodically report matters regarding damage compensation for air transport users, such as the status and processing results of damage compensation claims filed by air transport users, to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 14114, Mar. 29, 2016>

(7) The Minister of Land, Infrastructure and Transport may request the head of a relevant central administrative agency and the President of the Korea Consumer Agency under Article 33 of the Framework Act on Consumers to provide materials relating to damage compensation for air transport users, such as the status and processing results of damage compensation claims filed by air transport users. In such cases, a person requested to provide materials shall comply therewith, except in extenuating circumstances. <Newly Inserted by Act No. 14114, Mar. 29, 2016>

[This Article Newly Inserted by Act No. 11244, Jan. 26, 2012]

Article 119-3(Air Transport Service Evaluation, etc.) #

(1) The Minister of Land, Infrastructure and Transport may evaluate air transport services rendered by air transport service providers, to promote public welfare and protect air transport users’ rights and interests. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Evaluation items for air transport services under paragraph (1) shall be as follows: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14114, Mar. 29, 2016>

1. Punctuality and confidence in air transport services;

2. Convenience of use of air transport services-related facilities;

3. Safety in air transport services;

4. Other matters similar to those referred to in subparagraphs 1 through 3, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

(3) Detailed matters concerning the criteria, periods, procedures, etc. for evaluating air transport services shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(4) Upon evaluation of air transport services under paragraph (1), the Minister of Land, Infrastructure and Transport shall make public the results of evaluation by item, service quality, service grades, and other details, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>

(5) In evaluating air transport services, the Minister of Land, Infrastructure and Transport may require air transport service providers to provide relevant materials and their opinions or may investigate the actual conditions of services. <Amended by Act No. 11690, Mar. 23, 2013>

(6) Any air transport service provider required to provide materials and opinions under paragraph (5) shall comply therewith, except in extenuating circumstances.

[This Article Newly Inserted by Act No. 11244, Jan. 26, 2012]

Article 119-4(Provision, etc. of Information for Air Transport Users) #

(1) The Minister of Land, Infrastructure and Transport shall publish a report on air transport services (hereinafter referred to as “report on air transport services”) on an annual basis, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, to protect air transport users and facilitate air transport services, and then provide it to air transport users, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) A report on air transport services shall include each of the following: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14114, Mar. 29, 2016>

1. Current state of air transport service providers and air transport users;

2. Current state and analysis of damage inflicted on air transport users;

3. Level of quality of air transport services;

4. Information on safety level of air transportation business entities under Article 112-2;

5. Policies of international organizations and foreign countries on the protection of air transport users and the provision of air transport services;

6. Criteria for accumulation and use by air transportation business entity (including international air transportation business entities of foreign nationalities under Article 144) of mileage points (referring to points, etc. accumulated on the basis of flight distance, selling price, etc.) accruing from the purchase of airline tickets by air transport users;

7. Except as otherwise referred to in subparagraphs 1 through 6, matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to protect air transport users.

(3) The Minister of Land, Infrastructure and Transport may request air transport service providers to provide materials necessary to publish a report on air transport services. In such cases, air transport service providers so requested shall comply therewith, except in extenuating circumstances. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Newly Inserted by Act No. 11244, Jan. 26, 2012]

Article 119-5(Criteria for Protection of Air Transport Users) #

(1) The Minister of Land, Infrastructure and Transport may publish criteria for protection of air transport users to prevent damage to air transport users and to ensure quick and fair damage compensation, regarding each of the following:

1. Matters under each subparagraph of Article 119-2 (1);

2. Consumer damage that arises in relation to the cancellation, refund, and change of airline tickets;

3. Provision of information on the reservation, purchase, cancellation, refund, and change of airline tickets and boarding.

(2) With respect to publication of criteria for protection of air transport users under paragraph (1), the Minister of Land, Infrastructure and Transport shall pre-consult with the head of a relevant administrative agency and may seek opinions from air transport service providers, consumer organizations registered under Article 29 of the Framework Act on Consumers, aviation professionals, and other interested persons.

(3) Each air transport service provider shall observe the criteria for protection of air transport users under paragraph (1).

[This Article Newly Inserted by Act No. 13810, Jan. 19, 2016]

Article 120(Business Plans) #

(1) A domestic air transportation business entity or an international air transportation business entity shall perform his/her business as specified in the business plan, except where operation is impracticable due to worsening weather conditions or there is any other inevitable reason.

(2) In cases of developing or modifying the business plan referred to in paragraph (1), he/she shall obtain the authorization from the Minister of Land, Infrastructure and Transport: Provided, That if he/she desires to modify any minor matters determined by Ordinance of the Ministry of Land, Infrastructure and Transport, he/she shall file a report thereon with the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) The provisions of Article 113 (1) shall apply mutatis mutandis to authorization referred to in paragraph (2).

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 120-2(Investigation into Compliance with Business Plans) #

(1) The Minister of Land, Infrastructure and Transport may investigate whether a domestic air transportation business entity or an international air transportation business entity complies with the flight schedule determined by Ordinance of the Ministry of Land, Infrastructure and Transport, which is included in the business plan under Article 120, so as to minimize inconvenience to users of air transport services.

(2) The Minister of Land, Infrastructure and Transport may issue an order to improve business, suspend business or otherwise take necessary measures, based on the results of investigation under paragraph (1).

(3) The Minister of Land, Infrastructure and Transport may organize a squad in exclusive charge of investigation, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, so as to efficiently conduct the investigative affairs under paragraph (1).

(4) In conducting the investigation under paragraph (1), Article 153 shall apply mutatis mutandis.

[This Article Newly Inserted by Act No. 12026, Aug. 6, 2013]

Article 121(Agreement pertaining to Transportation, etc.) #

(1) Where a domestic air transportation business entity or an international air transportation business entity intends to enter into an agreement on air transport (hereinafter referred to as "transportation agreement"), including any joint-operation agreement, with any other air transportation business entity (including any foreign air transportation business entity), or to enter into an agreement on business cooperation or other alliance in regard to flight schedules, fares, public information or sales (hereinafter referred to as "alliance agreement"), he/she shall obtain authorization from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. The same shall also apply in cases of altering authorized matters: Provided, That where the business entity intends to alter any minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he/she shall file a report thereon with the Minister of Land, Infrastructure and Transport without delay, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) No transportation agreement nor alliance agreement shall include any of the following provisions:

1. Placing practical restrictions on competition among air transportation business entities;

2. Matters related to unjust infringement on users' benefit or discrimination against a particular user;

3. Matters related to unjust restrictions on admission to or withdrawal from membership by another air transport business entity.

(3) In authorizing any alliance agreement or alteration thereto pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall do so after prior consultation with the Fair Trade Commission. <Amended by Act No. 11690, Mar. 23, 2013>

(4) Execution or alteration of a transportation agreement or alliance agreement shall take effect upon authorization from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 122(Orders to Improve Business) #

If deemed necessary to improve air transport services and the safety of air transport, the Minister of Land, Infrastructure and Transport may order air transport service providers to perform the following matters: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013; Act No. 14114, Mar. 29, 2016>

1. Amendment to the business plan;

2. Alteration of fares and rates;

3. Improvement of aircraft and other facilities;

4. Conclusion of indemnity insurance contract to be paid due to aircraft accidents;

5. Matters necessary for the implementation of international conventions for aviation;

6. Matters necessary for the protection of air transport users;

7. Submission and implementation of the plan to improve air transport services based on the results of service evaluation under Article 119-3;

8. Improvement of financial structure, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

9. Other matters necessary for eliminating factors that may hamper the safe operation of aircraft.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 123(Prohibition of Lending of License, etc.) #

Neither domestic air transportation business entity nor international air transportation business entity shall have another person manage the domestic air transportation business or international air transportation business using his/her name or trade name, or lend his/her license to a third person.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 124(Transfer or Acquisition of Business) #

(1) Where a domestic air transportation business entity or an international air transportation business entity desires to transfer or acquire the domestic air transportation business or international air transportation business, he/she shall obtain authorization from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Upon receipt of an application for authorization for transfer or acquisition under the provisions of paragraph (1), the Minister of Land, Infrastructure and Transport shall not authorize it, where the transferor or transferee falls under any of the following subparagraphs: <Amended by Act No. 11690, Mar. 23, 2013>

1. Where the transferee falls under any subparagraph of Article 114;

2. Where the transferor is subjected to a disposition for business suspension under the provisions of Article 129, and is in the period of such suspension;

3. Where the transferor is subjected to a disposition for revocation of license under the provisions of Article 129, but such disposition for revocation is in suspension of execution under the Administrative Appeals Act or the Administrative Litigation Act.

(3) The Minister of Land, Infrastructure and Transport shall, upon receiving an application for authorization under the provisions of paragraph (1), publicly announce it, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, expenses incurred in making public announcements shall be borne by the transferor. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 125(Merger of Business) #

(1) Where a domestic air transportation business entity or an international air transportation business entity desires to merge with another air transportation business entity, or the manager of business other than air transportation business, he/she shall obtain authorization from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The provisions of Article 113 (1) shall apply mutatis mutandis to authorization referred to in paragraph (1).

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 126(Inheritance) #

(1) Where a domestic air transportation business entity or an international air transportation business entity dies, his/her heir or heiress shall succeed to the status of the domestic air transportation business entity or international air transportation business entity. Where there are two or more successors, one of them shall, by agreement, succeed to the status.

(2) The successor to the status of a domestic air transportation business entity or international air transportation business entity under paragraph (1) shall file a report thereon with the Minister of Land, Infrastructure and Transport within 30 days after the cause arises. <Amended by Act No. 11690, Mar. 23, 2013>

(3) Where the successor to the status of the domestic air transportation business entity or international air transportation business entity under paragraph (1) falls under any subparagraph of Article 114, he/she may transfer the domestic air transportation business or international air transportation business to another person within three months.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 127(Suspension of Business or Air Route) #

(1) An international air transportation business entity who intends to temporarily close his/her business (including any international air route) shall obtain permission from the Minister of Land, Infrastructure and Transport: Provided, That where an international air transportation business entity covering domestic air routes desires to suspend his/her domestic air transportation business (including any domestic air route), he/she shall file a report thereon with the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) A domestic air transportation business entity who intends to temporarily close down his/her business (including any domestic air route) shall file a report thereon with the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) The period of temporary closure of the business or air route under paragraph (1) or (2) shall not exceed six months: Provided, That the period of temporary closure of an air route allowed to be operated irrespective of serviced areas, transportation capacity, etc. by an aviation agreement concluded with a foreign country shall not exceed 12 months. <Amended by Act No. 10162, Mar. 22, 2010>

(4) Permission for the temporary closure of the business or air route under the main sentence of paragraph (1) shall be granted in accordance with the following guidelines:

1. No reservation shall already have been made for originally scheduled flights during the intended temporary closure period or all countermeasures, including arrangement of alternative flights, shall be fully taken, if any reservation is made;

2. There shall be no likelihood of substantially inconveniencing users, etc. or undermining public interests due to the temporary closure.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 128(Discontinuation of Business or Air Route) #

(1) An international air transportation business entity who intends to permanently close his/her business (including any international air route) shall obtain approval from the Minister of Land, Infrastructure and Transport: Provided, That if an international air transportation business entity covering domestic air routes intends to permanently close his/her domestic air transportation business (including any domestic air route), he/she shall file a report thereon with the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) A domestic air transportation business entity who intends to permanently close his/her business (including any domestic air route) shall file a report thereon with the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) Approval for permanent closure of the business or air route under the main sentence of paragraph (1) shall be granted in accordance with the following guidelines:

1. No reservation shall already have been made for originally scheduled flights after the date of such closedown or all countermeasures, including arrangement of alternative flights, shall be fully taken, if any reservation is made;

2. The closure of business or air route shall not disturb the sound order of the aviation market.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 129(Revocation, etc. of License) #

(1) If a domestic air transportation business entity or an international air transportation business entity falls under any of the following cases, the Minister of Land, Infrastructure and Transport may revoke such entity’s license, or order such entity to fully or partially suspend business for a fixed period not exceeding six months: Provided, That if he/she falls under subparagraph 1, 2, 3, or 16, the Minister shall revoke such entity’s license: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014; Act No. 14114, Mar. 29, 2016>

1. If he/she obtains a license fraudulently or deceptively;

2. If he/she fails to perform the business as licensed under Article 112;

2-2. If he/she fails to meet the standards for licensing under Article 113 (1): Provided, That this shall not apply in any of the following cases:

(a) If he/she satisfies the standards for licensing within three months after his/her temporary failure to meet the standards;

(b) If the rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act are in progress based on the court’s decision to commence such procedures;

(c) If the proceedings for joint administration by creditor financial institutions under the Corporate Restructuring Promotion Act are in progress based on the resolution of the coordinating committee of the creditor financial institutions to commence such proceedings;

3. If a domestic air transportation business entity or an international air transportation business entity falls under any subparagraph of Article 114: Provided, That this shall not apply where a legal entity falling under subparagraph 5 of Article 114 replaces the relevant executive officer with an executive officer who does not fall under any disqualification ground within three months or an heir/heiress to the domestic air transportation business or international air transportation business transfers his/her business to a third person within sixty days after the predecessor dies;

4. If he/she fails to obtain authorization for fares or rates or for a change in such fares or rates, fails to file a report on fares or rates or a change in such fares or rates, or fails to perform any affair as authorized or reported, in violation of Article 117 (1);

4-2. If he/she fails to provide information concerning aggregate air fares, etc. in a readily understandable manner in violation of Article 117 (4);

5. If he/she fails to keep a transport clause, etc., or fails to make it available to users for inspection, in violation of Article 119;

6. If he/she fails to conduct business in accordance with the business plan under Article 120 (1) or formulates or amends such business plan without obtaining authorization or reporting thereon under paragraph (2) of the said Article;

7. If he/she fails to obtain authorization for, or fails to report on, a transportation agreement or an alliance agreement, in violation of Article 121, or fails to perform the terms and conditions as authorized or reported;

8. If he/she fails to comply with an order to improve any business affair under subparagraph 1, 2, 4, or 6 of Article 122;

8-2. If he/she is in the state of capital impairment amounting to at least 1/2 of his/her gross capital for at least three consecutive years following an order to improve business under subparagraph 8 of Article 122, which is likely to threaten safety or cause consumer damage, as prescribed by Presidential Decree;

9. If he/she violates Article 123 by allowing any other person to operate relevant business under his/her name or trade name or lending his/her license to a third person;

10. If he/she violates Article 124 (1) by transferring or acquiring the relevant business without authorization from the Minister of Land, Infrastructure and Transport;

11. If he/she merges his/her business with any other business without authorization from the Minister of Land, Infrastructure and Transport, in violation Article 125 (1);

12. If he/she fails to report on inheritance, in violation of Article 126 (2);

13. If he/she closes his/her business temporarily without permission or reporting, in violation of Article 127 (1) or (2), or fails to resume his/her business after the lapse of the permitted or reported temporary closure period;

14. If he/she fails to perform any conditions, etc. attached to a license, etc. pursuant to Article 135 (1);

15. If there is any significant risk of undermining national or social security and orders;

16. If he/she continues to operate his/her business during the period of business suspension, in violation of an order to suspend business issued pursuant to this Article.

(2) Standards and procedures for making dispositions under paragraph (1) and other necessary matters shall be 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. 9780, Jun. 9, 2009]

Article 130 #

Deleted. <by Act No. 5794, Feb. 5, 1999>

Article 131(Imposition of Penalty Surcharges) #

(1) Where a domestic air transportation business entity or an international air transportation business entity is subject to an order to suspend business falling under Article 129 (1) 2 and 4, 4-2, 5 through 8, 8-2, and 9 through 15, but the suspension of business is likely to cause serious inconvenience to its users, etc. or to undermine the public interest, the Minister of Land, Infrastructure and Transport may impose on him/her a penalty surcharge not exceeding five billion won in lieu of the disposition for business suspension. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14114, Mar. 29, 2016>

(2) The amount of a penalty surcharge imposed pursuant to paragraph (1) depending upon the type and severity of violations and other necessary matters shall be prescribed by Presidential Decree.

(3) When a person liable for paying a penalty surcharge under paragraph (1) fails to pay the said surcharge within the payment deadline, the Minister of Land, Infrastructure and Transport shall collect it in the same manner as delinquent national taxes are collected, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 132(Small Air Transportation Business) #

(1) Any person who intends to engage in the small air transportation business shall obtain registration from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Standards for registration of the small air transportation business under the provisions of paragraph (1), such as the manpower, capital, number of aircraft and passenger seating capacity of each aircraft, and other necessary matters regarding registration thereof, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) The provisions of Articles 49-2 through 49-4, 112 (2) through (5), 114, 115, 115-2 through 115-4, 116, 117 (limited to the provisions concerning domestic regular flights and international regular flights), 119 through 129 and 131 shall apply mutatis mutandis to the small air transportation business. In such cases, in applying mutatis mutandis the provisions of Articles 112 (4), 124 and 125, "permission" or "authorization" shall be construed as "report", respectively.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 133 #

Deleted. <by Act No. 5794, Feb. 5, 1999>

Article 134(Aircraft-Using Business) #

(1) Any person who intends to engage in the aircraft-using business shall obtain registration from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The guidelines for registration of the aircraft-using business under paragraph (1) regarding its capital, technical manpower, specifications of facilities, and other matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) Articles 114, 115, 115-2 (limited to any aircraft-using business specified by Ordinance of the Ministry of Land, Infrastructure and Transport), 116, 120, 122 (excluding those referred to in subparagraph 2 of the said Article) through 124, 125, 126, 128, 129, and 131 shall apply mutatis mutandis to the aircraft-using business. In such cases, in applying mutatis mutandisArticles 124 and 125, "authorization" shall be construed as "report" respectively. <Amended by Act No. 10162, Mar. 22, 2010; Act No. 11244, Jan. 26, 2012; Act No. 12706, May 28, 2014>

(4) If an aircraft-using business entity suspends his/her business, he/she shall report it without delay to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 135(Conditions to License, etc.) #

(1) It shall be allowed to attach any condition or term to a license, registration, authorization or permission as prescribed by Article 112, 116, 117, 120, 121, 124, 127, or 132 or to change any condition or term so attached.

(2) Such condition or term referred to in paragraph (1) shall be the minimum necessary to promote the public interest or executing license, registration, authorization or permission, and shall not be impose any unreasonable obligation on the air transportation business entity or aircraft-using business entity.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 136 #

Deleted. <by Act No. 9780, Jun. 9, 2009>

Article 137(Ground Support Services) #

(1) Any person who intends to provide ground support services shall register it with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The guidelines for the registration of a ground support service under paragraph (1), including its specifications of facilities, and other matters necessary for registration thereof shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) No person who falls under any of the following subparagraphs shall be eligible for registration of a ground support service:

1. A person who falls under any of subparagraphs 2 through 5 (excluding a legal entity that has an executive officer who is not a national of the Republic of Korea) of Article 114;

2. A person for whom two years have not passed since the registration of his/her ground support service was revoked.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 137-2(Aircraft Maintenance Services) #

(1) Any person who intends to provide aircraft maintenance services shall obtain registration from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The guidelines for the registration of an aircraft maintenance service under paragraph (1) regarding its capital, specifications of facilities and other matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) None of the following persons shall be eligible for registration of an aircraft maintenance service:

1. A person who falls under any of subparagraphs 2 through 5 (excluding a legal entity that has an executive officer who is not a national of the Republic of Korea) of Article 114;

2. A person for whom two years have not passed since the registration of an aircraft maintenance service was revoked.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 138(Maintenance Organization Certification, etc.) #

(1) Any person who intends to provide any of the services listed in subparagraph 37 of Article 2 shall have in place the manpower, etc. in compliance with the standards for the manpower, facilities, test system, etc. (hereinafter referred to as "standards for maintenance organization certification") prescribed and publicly notified by the Minister of Land, Infrastructure and Transport, and then obtain certification thereof (hereinafter referred to as “maintenance organization certification”) from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

(2) Whoever intends to outsource any of the services listed in subparagraph 37 of Article 2 shall outsource them to the person who has obtained maintenance organization certification or manufactured the aircraft, etc. or the equipment or parts thereof. <Amended by Act No. 11244, Jan. 26, 2012>

(3) In granting the maintenance organization certification under paragraph (1), the Minister of Land, Infrastructure and Transport shall issue a certificate of such maintenance organization along with the detailed operational standards that prescribe the scope of maintenance, methods of performing the maintenance, procedures for the control of quality, etc. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

(4) Where aircraft, etc., or the equipment or parts thereof, are maintained, they shall be maintained in compliance with the methods and procedures for maintenance, etc. prescribed by any person who has manufactured the aircraft, etc., equipment or parts or that are recognized by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(5) Any person granted the maintenance organization certification by any country that has concluded an aviation safety accord with the Republic of Korea regarding maintenance organization certification shall be deemed granted maintenance organization certification by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 138-2(Revocation, etc. of Maintenance Organization Certification) #

(1) Where any person who has been granted maintenance organization certification falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may revoke his/her maintenance organization certification or order him/her to suspend his/her business of rendering maintenance services or similar with fixing a period not exceeding 6 months: Provided, That where he/she falls under subparagraph 1, his/her maintenance organization certification shall be revoked: <Amended by Act No. 11690, Mar. 23, 2013>

1. Where he/she has obtained the maintenance organization certification by fraud or other improper means;

2. Where he/she has violated Article 49 (2) by committing or omitting any of the following:

(a) If he/she fails to install an aviation safety management system until the commencement of his/her business;

(b) If he/she operates an aviation safety management system without approval;

(c) If he/she operates an aviation safety management system in any manner different from that approved;

(d) If he/she changes any important matter specified by Ordinance of the Ministry of Land, Infrastructure and Transport without approval;

3. Where he/she violates the standards for maintenance organization certification provided for in Article 138 (1) without any just grounds;

4. Where he/she is responsible for any aircraft accident on the grounds of his/her intention or gross negligence, or his/her negligence in fulfilling the duty of due care to control and supervise his/her aircrew.

(2) The standards and procedures for making dispositions pursuant to paragraph (1) and other necessary matters shall be 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. 9780, Jun. 9, 2009]

Article 138-3(Imposition of Penalty Surcharges) #

(1) Where any person granted the maintenance organization certification falls under any subparagraph of Article 138-2 (1) and thus his/her business of rendering maintenance services or similar is to be suspended, if the said suspension is likely to seriously inconvenience the customers, etc. of his/her services or undermine the public interest, the Minister of Land, Infrastructure and Transport may levy a penalty surcharge of not exceeding 500 million won in lieu of a disposition taken to suspend his/her business. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The amounts of penalty surcharges imposed pursuant to paragraph (1) depending upon the type and severity of violations and other necessary matters shall be prescribed by Presidential Decree.

(3) When a person liable to pay a penalty surcharge under paragraph (1) fails to pay the said surcharge by the payment deadline, the Minister of Land, Infrastructure and Transport shall collect it in the same manner as national taxes in arrears, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 139(Commercial Document Delivery Business, etc.) #

(1) Any person who desires to engage in the commercial document delivery business, general sales agency business, or city air terminal business shall report it to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. The same shall also apply where he/she desires to modify the reported matters. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Any person who desires to file a report referred to in paragraph (1) shall submit the written report to the Minister of Land, Infrastructure and Transport , together with the business plan. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 140(Aircraft Leasing Services) #

(1) Any person who intends to provide aircraft leasing services shall obtain registration from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The guidelines for registration of the aircraft leasing services under paragraph (1), such as the amount of capital, and other matters necessary for registration shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) None of the following persons shall be eligible for registration of an aircraft leasing service:

1. A person who falls under any of the subparagraphs of Article 114;

2. A person in whose case two years have not passed since the registration of an aircraft leasing service was revoked.

[This Article Newly Inserted by Act No. 11244, Jan. 26, 2012]

Article 140-2(Air Leisure Sport Business) #

(1) Any person who intends to engage in air leisure sport business shall obtain registration from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

(2) Guidelines for registering air leisure sport business under paragraph (1), such as the amount of capital, and other matters necessary for registration, shall be prescribed by Presidential Decree.

(3) None of the following persons shall be eligible for registration of air leisure sport business:

1. A person who falls under any subparagraph of Article 114;

2. A person for whom two years have not passed since the registration of his/her air leisure sport business (limited to his/her relevant term of service among those referred to in each of the items of subparagraph 43-2 of Article 2) was revoked.

(4) If air leisure sport business falls under any of the following cases, the Minister of Land, Infrastructure and Transport may restrict registration of the air leisure sport business: <Newly Inserted by Act No. 13381, Jun. 22, 2015>

1. Where relevant air leisure sport activities are likely to cause accidents threatening safety, severely inconvenience users, or undermine public interests;

2. Where relevant area is deemed inappropriate for business activities in light of population density, privacy protection, traffic, noise, surroundings, etc.;

3. Where the Minister of Land, Infrastructure and Transport deems it necessary to restrict registration of the air leisure sport business for purposes of aviation safety, accident prevention, etc.

[This Article Newly Inserted by Act No. 12256, Jan. 14, 2014]

Article 141(Business Using Ultra-Light Planes) #

(1) Any person who intends to engage in the business using an ultra-light plane shall obtain registration from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The guidelines for registration of the business using an ultra-light plane under paragraph (1), such as its capital and human resources, and other matters necessary for registration shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(3) None of the following persons shall be eligible for registration of the business using an ultra-light plane:

1. A person who falls under any of the subparagraphs of Article 114;

2. A person in whose case two years have not passed since the registration of his/her business using ultra-light planes was revoked.

[This Article Newly Inserted by Act No. 11244, Jan. 26, 2012]

Article 142(Provisions Applicable Mutatis Mutandis) #

(1) Subparagraph 2 of Article 119 and Articles 122 (excluding matters related to subparagraph 6), 123, 124 (1), 125 (1), 126, 127 (2) and (3), 128 (2), 129, and 131 shall apply mutatis mutandis to ground support services. In such cases, “authorization” in Articles 124 (1) and 125 (1) shall be construed as “report,” respectively.

(2) Subparagraph 2 of Article 119 and Articles 122 (excluding matters related to subparagraph 6), 123, 124 (1), 125 (1), 126, 127 (2) and (3), 128 (2), 129, and 131 shall apply mutatis mutandis to aircraft maintenance services. In such cases, “authorization” in Articles 124 (1) and 125 (1) shall be construed as “report,” respectively.

(3) Articles 117 (4) (only applicable to general sales agencies), 119-5 (3) (only applicable to general sales agencies), 122 (excluding matters related to subparagraph 6), 123 through 126, 127 (2) and (3), 128 (2), 129, and 131 shall apply mutatis mutandis to commercial document delivery business, general sales agencies, and city air terminal business. In such cases, “revocation of a license” in Article 129 shall be construed as “closure of a place of business.” <Amended by Act No. 12256, Jan. 14, 2014; Act No. 13810, Jan. 19, 2016>

(4) Subparagraph 2 of Article 119 and Articles 120, 122, 123 through 126, 127 (2) and (3), 128 (2), 129, and 131 shall apply mutatis mutandis to aircraft leasing services and air leisure sport business. In such cases, “aircraft” and “air transport user” in Article 122 shall be construed as “aircraft, light aircraft or ultra-light planes” and “user,” respectively; “license” in Article 123 shall be construed as “registration certificate”; “authorization” in Article 124 (1) shall be construed as “report”; “application for authorization” and “authorize” in Article 124 (2) shall be construed as “report” and “accept,” respectively; and “authorization” in Article 125 shall be construed as “acceptance of a report.” <Amended by Act No. 12256, Jan. 14, 2014>

(5) Subparagraph 2 of Article 119 and Articles 120, 122 (excluding matters related to subparagraph 6), 123 through 126, 127 (2) and (3), 128 (2), 129, and 131 shall apply mutatis mutandis to business using ultra-light planes.

(6) Article 117 (4) shall apply mutatis mutandis to the duty to provide information concerning aggregate air fares, etc. that is owed to any person whose travel business is registered under Article 4 of the Tourism Promotion Act (hereinafter referred to as “travel agency”), and Article 119-5 (3) shall apply mutatis mutandis to criteria for protection of air transport users. <Newly Inserted by Act No. 12256, Jan. 14, 2014; Act No. 13810, Jan. 19, 2016>

(7) Article 129 (limited to paragraph (1) 4-2 thereof) shall apply mutatis mutandis to travel business. In such cases, “Minister of Land, Infrastructure and Transport” and “revoke license” in Article 129 shall be construed as “the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu (Gu means an autonomous Gu)” and “revoke registration,” respectively. <Newly Inserted by Act No. 12256, Jan. 14, 2014>

[This Article Wholly Amended by Act No. 11244, Jan. 26, 2012]

Article 143(Establishment of Korea Civil Aviation Development Association) #

(1) In order to efficiently develop the air transportation business, protect rights and interests of air transportation business entities, improve operation of airports, conduct studies on aviation safety and other affairs entrusted by the Government, the Korea Civil Aviation Development Association (hereinafter referred to as the "Association") may be established.

(2) The Association shall be comprised of the following members:

1. Domestic air transportation business entities or international air transportation business entities;

2. Incheon International Airport Corporation established under the Incheon International Airport Corporation Act;

3. Korea Airports Corporation established under the Korea Airports Corporation Act;

4. Other aviation-related business entities and organizations.

(3) The Association shall be a corporation.

(4) The Association shall come into existence upon completion of registration of incorporation at the seat of its principal office.

(5) Matters necessary for the articles of association, functions, supervision, etc. of the Association shall be determined by Presidential Decree.

(6) If deemed necessary, the Minister of Land, Infrastructure and Transport may provide financial support to the Association within budgetary limits to facilitate the operation of business projects that fall under any of the following subparagraphs: <Amended by Act No. 11690, Mar. 23, 2013>

1. Research programs on the advancement and safety of aviation;

2. Project to gather and manage aviation-related information;

3. Business to advance international cooperation with foreign aviation agencies;

4. Other business projects to develop the air transportation business, which the Minister of Land, Infrastructure and Transport deems necessary.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 144(Navigation of Foreign Aircraft) #

(1) When any person (including a foreign state, a foreign public organization, or a person equivalent thereto) who uses an aircraft with foreign nationality (excluding an aircraft used for the relevant business by a grantee of permission under Article 147 (1) (hereinafter referred to as “international air transportation business entity of foreign nationality") and an aircraft used for the relevant transportation by a grantee of permission under Article 148) intends to engage in any of the following operations, he/she shall obtain permission from the Minister of Land, Infrastructure and Transport: <Amended by Act No. 9780, Jun. 9, 2009; Act No. 11690, Mar. 23, 2013>

1. Take off outside of and landing inside the Republic of Korea;

2. Take off inside and landing outside of the Republic of Korea;

3. Take off and landing outside the Republic of Korea, after transit through the Republic of Korea without landing.

(2) Deleted. <by Act No. 8787, Dec. 21, 2007>

(3) Aircraft used for the military, customshouse or police services in a foreign country shall be deemed aircraft used by the State pursuant to paragraph (1). <Amended by Act No. 9780, Jun. 9, 2009>

(4) While an aircraft under paragraph (1) engages in an operation under any subparagraph of the said paragraph, it shall, upon receiving a demand from the Minister of Land, Infrastructure and Transport, land on an airfield designated by the Minister of Land, Infrastructure and Transport without delay. <Amended by Act No. 9780, Jun. 9, 2009; Act No. 11690, Mar. 23, 2013>

Article 145(Domestic Use of Foreign Aircraft) #

No aircraft with foreign nationality (excluding the aircraft used for business by an international air transportation business entity of foreign nationality and the aircraft used for a transportation by a person with permission under the provisions of Article 148) shall be used for aviation between areas in the Republic of Korea: Provided, That this shall not apply where it is permitted by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 146(Prohibition of Munitions Transport) #

No aircraft with foreign nationality shall transport any munitions prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport by making a navigation that falls under any subparagraph of Article 144 (1): Provided, That this shall not apply where it is permitted by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 147(Foreign National’s International Air Transportation Business) #

(1) Notwithstanding the provisions of Articles 112 (1) and 132 (1), a person who falls under any subparagraph of Article 6 (1) may operate business transporting passengers or freight commercially in response to the demand from others with permission from the Minister of Land, Infrastructure and Transport, by navigation falling under any subparagraph of Article 144 (1) (including any navigation between areas in the Republic of Korea, which is made in conjunction with such navigation). In such cases, the Minister of Land, Infrastructure and Transport may permit such business, restricting the frequency of navigation and the type of aircraft to be used to the extent that it fails to cause any impediment in the development of the international aviation of domestic air transportation business entities. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Permission under paragraph (1) shall be granted pursuant to the following standards:

1. The person shall be designated as an international air transportation business entity by the pertinent state which entered into an aviation agreement with the Republic of Korea;

2. The safe operation shall be in compliance with the standards and methods prescribed in the Convention on International Civil Aviation and its Annexes;

3. The substance of the air transportation business shall be relevant to the aviation agreement made between the Republic of Korea and the pertinent state;

4. Its purpose shall be to facilitate international transportation of passengers and cargo.

(3) Any person who desires to obtain permission referred to in paragraph (1) shall submit an application therefor to the Minister of Land, Infrastructure and Transport which consists of a specific business plan, predetermined date at which the navigation begins, and other matters determined 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. 9780, Jun. 9, 2009]

Article 147-2(Matters Requiring Compliance by International Air Transportation Business Entity of Foreign Nationality for Safe Operation) #

(1) Any international air transportation business entity of foreign nationality shall carry the following documents in an aircraft while in operation, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013>

1. A copy of each certificate of operation and operational standards issued by the pertinent state in accordance with the standards and recommended methods prescribed in the Annexes to the Convention on International Civil Aviation;

2. Other documents, etc. that shall be carried in each aircraft while in operation, in accordance with the Convention on International Civil Aviation and its Annexes.

(2) Any international air transportation business entity of foreign nationality and aircrew shall comply with the operational standards under paragraph (1) 1.

(3) The Minister of Land, Infrastructure and Transport may conduct inspections regularly, or at any time, as to whether an international air transportation business entity of foreign nationality and aircrew comply with the operational standards under paragraph (1) 1, to ensure safe operations of aircraft. <Amended by Act No. 11690, Mar. 23, 2013>

(4) If the Minister of Land, Infrastructure and Transport discovers that there is a potential cause that may lead to a serious risk in safe operation of aircraft without taking urgent countermeasures, while conducting a regular or occasional inspection under paragraph (3), he/she may direct the operation of the aircraft or the service of the aircrew involved to be suspended, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(5) Once the cause for a disposition for suspension under paragraph (4) terminates, the Minister of Land, Infrastructure and Transport shall revoke or alter the disposition without delay. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 148(Paid Transport by Foreign Aircraft) #

(1) If a user of an aircraft with nationality of a foreign country (excluding the aircraft used for business by an international transportation business entity of foreign nationality) carries on a commercial transport of passengers or freight arriving at, or departing from, the Republic of Korea in the course of navigation as prescribed by Article 144 (1) 1 or 2 (including any navigation between areas in the Republic of Korea, which is made in conjunction with such navigation), he/she shall obtain permission from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(2) Permission under paragraph (1) shall be granted in accordance with the following guidelines:

1. Such operation shall be the one supplementary to regular flights under an aviation agreement made between the Republic of Korea and the pertinent state;

2. The safety of such operation shall be in compliance with the standards and methods prescribed in the Convention on International Civil Aviation and its Annexes;

3. No such operation shall undermine good market system;

4. The purpose of such operation shall be to facilitate international transportation of passengers and cargo.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 149(Prohibition of Domestic Transport by Foreign Aircraft) #

No aircraft which have obtained permission under the proviso to Article 145 or Article 147 or 148 shall onerously transport any passengers or freight between areas in the Republic of Korea.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 150(Revocation, etc. of Permission) #

(1) If an international air transportation business entity of foreign nationality falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may revoke permission, or order him/her to suspend business by fixing a period not exceeding six months: Provided, That if he/she falls under subparagraph 1 or 21, the Minister of Land, Infrastructure and Transport shall revoke permission: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014>

1. Where he/she has obtained permission by fraud or other improper means;

2. Where he/she has violated Article 40 by using an aircraft in aviation without the radio equipment installed, which is required by Ordinance of the Ministry of Land, Infrastructure and Transport, or by using an aircraft in aviation with inoperable radio equipment;

3. Where he/she has violated Article 41 by using an aircraft in aviation without any aeronautical instrument, etc. installed or placed, or by not following methods, etc. in operating such instrument;

4. Where he/she has violated Article 44 by operating an aircraft at night or stopping or parking it in an airport without indicating its whereabout by signal lights, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

5. Where he/she has violated Article 53 (1) by allowing an aircraft to take off or land in an area other than that designated for taking off or landing;

6. Where he/she has violated Article 55 by allowing any act, etc. prohibited during flight;

7. Where he/she has carried any dangerous goods by an aircraft without permission in violation of Article 59 (1), or fails to follow the procedures and manner for handling dangerous goods publicly notified by the Minister of Land, Infrastructure and Transport in violation of paragraph (2) of the same Article;

8. Where he/she fails to comply with the standards for granting permission under Article 147 (2) in conducting his/her operations or running his/her business;

9. Where he/she fails to carry documents under subparagraphs of Article 147-2 (1) in an aircraft in operation, in violation of the said provision;

10. Where he/she fails to observe the operational standards under Article 147-2 (1) 1 in violation of paragraph (2) of the said Article;

11. Where he/she fails to obtain authorization for fares or rates or for a change in such fares or rates, fails to file a report on fares or rates or a change in such fares or rates, or fails to perform any affair as authorized or reported, in violation of Article 117 (1) which shall apply mutatis mutandis under Article 152;

11-2. Where he/she fails to provide information concerning aggregate air fares, etc. in a readily understandable manner in violation of Article 117 (4) which shall apply mutatis mutandis under Article 152;

12. Where he/she fails to conduct his/her business in accordance with a business plan, or establishes or revises such business plan without obtaining authorization or filing a report, in violation of Article 120 (1) or (2) which shall apply mutatis mutandis under Article 152;

13. Where he/she fails to obtain authorization for, or fails to file a report on, a transportation agreement or an alliance agreement in violation of Article 121 which shall apply mutatis mutandis under Article 152, or fails to perform the terms and conditions as authorized or reported;

14. Where he/she fails to comply with an order to improve any business affair pursuant to Article 122 which shall apply mutatis mutandis under Article 152;

15. Where he/she closes down his/her business temporarily without reporting in violation of Article 127 which shall apply mutatis mutandis under Article 152, continues his/her business during the period of closure, or fails to resume his/her business after the end of the period of closure;

16. Where he/she fails to perform any conditions, etc. attached to a license, etc. pursuant to Article 135 which shall apply mutatis mutandis under Article 152;

17. Where he/she fails to fulfill any permitted or authorized matter without justifiable grounds;

18. Where the ownership of, or substantial control over, a majority of stocks or shares ceases to belongs to the country, which designated the international air transportation business entity pursuant to Article 147 (2) 1, or to the national of such country: Provided, That as provided otherwise by an aviation agreement concluded between the Republic of Korea and the pertinent country (including a union of states or an economic community), such agreement shall prevail;

19. Where a convention related to aviation exists between the Republic of Korea and the country which designated the international air transportation business entity pursuant to Article 147 (2) 1, but the convention has lost its effect, or the country or the international air transportation business entity of foreign nationality has violated the convention;

20. Where there is any significant cause to bring danger or injury to the security of the Republic of Korea or the public peace of society;

21. Where he/she has continued to operate his/her business during the business suspension period in violation of an order issued pursuant to this Article to suspend business.

(2) The provisions of Article 131 shall apply mutatis mutandis with respect to the imposition of a penalty surcharge in lieu of a disposition for business suspension under paragraph (1).

(3) The detailed criteria and procedure for dispositions under paragraph (1) and other necessary matters shall be 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. 9780, Jun. 9, 2009]

Article 151(Recognition of Certificate, etc.) #

Any certification, licensing, or other act made or done on the airworthiness of the aircraft and qualification of its crew by a foreign government of which nationality is that of any of the following aircraft, shall be deemed made or done under this Act:

1. Aircraft of foreign nationality which makes an operation falling under any subparagraph of Article 144 (1);

2. Aircraft of foreign nationality used for foreign national’s international air transport business under the provisions of Article 147;

3. Aircraft of foreign nationality which engages in commercial transport under the provisions of Article 148.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 152(Application Mutatis Mutandis to International Air Transportation Business Entities of Foreign Nationality) #

The provisions of Articles 49-2 through 49-4, 112-3, 117 (1) and (4), 119, 119-2 through 119-5, 120 (1) and (2), 120-2, 121, 122, 127, 128, and 135 shall apply mutatis mutandis to international air transportation business entities of foreign nationality. In such cases, "permission" or "approval" in Articles 127 and 128 shall be construed as "report," respectively. <Amended by Act No. 12026, Aug. 6, 2013; Act No. 12256, Jan. 14, 2014; Act No. 13381, Jun. 22, 2015; Act No. 13810, Jan. 19, 2016>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 152-2 #

Deleted.

Article 152-3 #

Deleted.

Article 152-4 #

Deleted.

Article 152-5 #

Deleted.

Article 152-6 #

Deleted.

Article 152-7 #

Deleted.

Article 152-8 #

Deleted.

Article 152-9 #

Deleted.

Article 152-10 #

Deleted.

Article 152-11 #

Deleted.

Article 152-12 #

Deleted.

Article 152-13 #

Deleted.

Article 152-14 #

Deleted.

Article 152-15 #

Deleted.

Article 152-16 #

Deleted.

Article 152-17 #

Deleted.

Article 153(Activities for Safety of Aviation) #

(1) The Minister of Land, Infrastructure and Transport may have any person in any of the following cases file a report or furnish documents regarding his/her business: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014>

1. A person who makes, modifies, repairs, or maintains aircraft, etc. or the equipment or parts thereof;

2. A constructor or manager of airport facilities, airfield, flying field or navigation safety facilities;

3. An aircrew member or ultra-light plane operator;

4. A domestic air transportation business entity, an international air transportation business entity (including any international air transportation business entity of foreign nationality; hereafter the same shall apply in this Article), a small air transportation business entity, aircraft-using business entity, ground support service provider, aircraft maintenance service provider, general sales agent, commercial document delivery business entity, city air terminal business entity, aircraft leasing service provider, air leisure sport business entity, or a business entity using ultra-light planes;

5. A person, other than those referred to in subparagraphs 1 through 4, who continuously uses aircraft, light aircraft, ultra-light planes, airfields, airport facilities, or flying fields.

(2) If it is especially required for ensuring the enforcement of this Act, the Minister of Land, Infrastructure and Transport may require a public official within his/her jurisdiction to enter the office, factory or other place of business of the person falling under any subparagraph of paragraph (1) or other related airport facilities, airfield, flying field, navigation safety facilities or construction field of such facilities, stationing place of aircraft or aircraft to inspect aircraft, navigation safety facilities, books, documents and other things, or to ask any questions to the relevant persons. In such cases, when the Minister of Land, Infrastructure and Transport deems it especially necessary to efficiently conduct inspection, etc., he/she may commission aviation safety experts with qualifications prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and request them to give advice on the business of inspection, etc. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014>

(3) The Minister of Land, Infrastructure and Transport shall conduct a regular safety inspection on the airport in which a domestic air transportation business entity or an international air transportation business entity places the aircraft in service, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(4) Upon receipt of a request from the Minister of Science, Information and Communications Technology (ICT) and Future Planning who deems that a commercial document delivery business entity is highly likely to violate the Postal Service Act, the Minister of Land, Infrastructure and Transport may require any public official who belongs to the Ministry of Science, ICT and Future Planning to inspect or ask questions to the commercial document delivery business entity on matters related to the Postal Service Act. <Amended by Act No. 11690, Mar. 23, 2013>

(5) In conducting any inspection or inquiry pursuant to paragraphs (2) through (4), the scheduled date and time, grounds, details, etc. of the inspection or inquiry shall be notified to the persons subject to such inspection or inquiry by no later than seven days before the inspection or inquiry: Provided, That in cases of an emergency or where deemed that prior notification might result in the destruction of evidence, making it impossible to attain the purposes of such inspection or inquiry, such notification shall not be required.

(6) In conducting any such inspection or inquiry referred to in paragraphs (2) through (4), the relevant public official shall carry with him/ her a certificate indicating his/her competence, and show it to the interested persons.

(7) Matters necessary for the certificate referred to in paragraph (6) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>

(8) Where any inspection or inquiry is conducted pursuant to paragraphs (2) through (4), the results shall be notified in writing to the persons so inspected or questioned.

(9) Where the Minister of Land, Infrastructure and Transport discovers that there is a potential cause that may lead to a serious risk to safe operations of aircraft, light aircraft or ultra-light planes without taking urgent countermeasures, while conducting any inspection under paragraph (2) or (3), he/she may direct the flight of the aircraft, light aircraft or ultra-light planes, the operation of the navigation safety facilities involved, or the service of the aircrew, the ultra-light plane operators or the manager of the navigation safety facilities to be temporarily suspended, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 153-2(Financial Support, etc.) #

(1) Where the head of a local government establishes an airfield or a flying field or undertakes an airport development project after obtaining permission from the Minister of Land, Infrastructure and Transport under Articles 75 (2), 75-2 (1) or 94 (2), the State may reimburse or loan some of the project costs, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014>

(2) The State may directly execute projects necessary to develop technology and facilities or to foster human resources regarding the aviation industry, or subsidize local governments, related institutions, etc. for some of the expenses incurred in performing those projects. <Newly Inserted by Act No. 12256, Jan. 14, 2014>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 154(Delegation, Entrustment, etc. of Authority) #

(1) The authority of the Minister of Land, Infrastructure and Transport bestowed under this Act may be partially delegated to Mayors/Do Governors or the heads of agencies under the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree, and the heads of agencies under the Minister of Land, Infrastructure and Transport may partially re-delegate the authority delegated thereto, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>

(2) The Minister of Land, Infrastructure and Transport may entrust his/her affairs concerning certification or inspection prescribed in Articles 15, 15-2, 16, 17, 17-2, 17-3, 18 through 20, and 20-2 to a specialized inspection institution designated by him/her, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12706, May 28, 2014>

(3) The Minister of Land, Infrastructure and Transport may entrust his/her authority of approval for repair and modification of aircraft for use by a State agency, etc. among the authority of approval for repair and modification prescribed in Article 19 to the head of a relevant central administrative agency, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>

(4) The Minister of Land, Infrastructure and Transport may entrust his/her affairs prescribed in Article 73 (1), the proviso to Article 120 (2) (including where it applies mutatis mutandis under Articles 132 (3) and 134 (3)) and Article 134 (4) to the Association, as prescribed by Presidential Decree. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

(5) The Minister of Land, Infrastructure and Transport may entrust the following affairs to the Korea Transportation Safety Authority established under the Korea Transportation Safety Authority Act (hereinafter referred to as the "Korea Transportation Safety Authority") or other aviation-related agencies or organizations, as prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13810, Jan. 19, 2016>

1. Affairs concerning the examination for certification of qualification, the examination of limitation on certification of qualification, and the issuance of certificates of qualification under Article 29;

2. Affairs concerning the integrated aviation education and training management system under Article 29-4;

3. Affairs concerning certification of instrument flight, certification of pilot training, and the issuance of certificates involved under Article 34;

4. Affairs concerning the issuance of certificates of English proficiency for aviation under Article 34-2 (3);

5. Affairs concerning the receipt, analysis, and dissemination of a voluntary report on aviation safety under Article 49-4.

(6) The Minister of Land, Infrastructure and Transport may entrust the following affairs to an agency or organization specialized in aeronautic medical science, as prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013>

1. Affairs concerning certification of a physical examination for aircrew under Article 31;

2. Affairs concerning the education of specialized aviation doctors under Article 31-2 (3).

(7) The Minister of Land, Infrastructure and Transport may entrust the duties of administering examination for certification of English proficiency for aviation under the provisions of Article 34-2 (2) to an agency or organization specialized in the appraisal of English proficiency, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>

(8) The Minister of Land, Infrastructure and Transport may entrust his/her affairs concerning the collection of usage fees on navigation safety facilities under Article 86 (1) to airport operators, as prescribed by Presidential Decree. <Newly Inserted by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

(9) The Minister of Land, Infrastructure and Transport may entrust his/her affairs concerning the evaluation of air transport services under Article 119-3 and the publication of a report on air transport services for air transport users under Article 119-4 to the Korea Transport Institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, etc., or other aviation-related agencies or organizations, as prescribed by Presidential Decree. <Newly Inserted by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

(10) For the purposes of Articles 129 through 132 of the Criminal Act, the executive officers and employees of a specialized inspection institution, the Association, the Korea Transportation Safety Authority, or other specialized agencies or organizations engaged in the affairs entrusted by the Minister of Land, Infrastructure and Transport under paragraphs (2) and (4) through (9), shall be deemed public officials. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 154-2(Hearings) #

When the Minister of Land, Infrastructure and Transport intends to issue any of the following dispositions, he/she shall hold a hearing: <Amended by Act No. 10162, Mar. 22, 2010; Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014>

1. Revocation of certification of airworthiness under Article 15 (6);

1-2. Revocation of airworthiness approval under Article 15-2 (3);

1-3. Revocation of certification of the aircraft’s compliance with noise standards under Article 16 (3);

1-4. Revocation of certification of type or additional certification of type under Article 17 (5);

1-5. Revocation of approval for certification of type or approval for additional certification of type under Article 17-2 (6);

1-6. Revocation of certification of manufacture under Article 17-3 (3);

1-7. Revocation of approval of type for technical-standard goods under Article 20 (4);

1-8. Revocation of certification as a manufacturer of parts, etc. under Article 20-2 (4);

1-9. Revocation of certification as an ultra-light plane operator under Article 23-3;

1-10. Revocation of designation of a specialized educational institution under Article 29-3 (4);

2. Revocation of designation of a specialized aviation doctor under Article 31-3 (1);

3. Revocation of certification of qualification, etc. or certification of medical examinations for aircrew under Article 33 (1) or (2);

4. Revocation of certification of instrument flights or flight instruction pursuant to Article 33 (1), which shall apply mutatis mutandis under Article 34 (4);

5. Revocation of certification of English proficiency for aviation under Article 33 (1), which shall apply mutatis mutandis under Article 34-2 (6);

6. Revocation of accreditation of qualification under Article 51 (3);

7. Revocation of designation of a package and container inspection institution under Article 60 (5);

8. Revocation of designation of a specialized educational institution under Article 61 (5);

9. Revocation of permission to install airfield facilities or navigation safety facilities under Article 81;

10. Revocation of permission, approval, or designation for execution and management of an airport development project under Article 110 (1);

11. Revocation of an airport operator’s certificate under Article 111-5 (1);

12. Revocation of certification for operation under Article 115-3 (1);

12-2. Revocation of registration of the aircraft-using business under Article 115-3 (2);

13. Revocation of a license for the domestic air transportation business or the international air transportation business under Article 129 (1);

14. Revocation of registration of the small air transportation business under Article 129 (1), which shall apply mutatis mutandis under Article 132 (3);

15. Revocation of registration of the aircraft-using business under Article 129 (1), which shall apply mutatis mutandis under Article 134 (3);

16. Revocation of the maintenance organization certification under Article 138-2 (1);

17. Revocation of registration of a ground support service under Article 129 (1), which shall apply mutatis mutandis under Article 142 (1);

18. Revocation of registration of an aircraft maintenance service under Article 129 (1), which shall apply mutatis mutandis under Article 142 (2);

19. Closure of the business office of commercial document delivery business, a general sales agency, or city airport terminal business under Article 129 (1), which shall apply mutatis mutandis under Article 142 (3);

19-2. Revocation of registration of aircraft leasing services or the air leisure sport business under Article 129 (1), which shall apply mutatis mutandis under Article 142 (4);

19-3. Revocation of registration of the business using ultra-light planes under Article 129 (1), which shall apply mutatis mutandis under Article 142 (5);

19-4. Revocation of registration of the travel business under Article 129 (1), which shall apply mutatis mutandis under Article 142 (7). In such cases, “the Minister of Land, Infrastructure and Transport” in Article 154-2 shall be construed as “Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (Gu means an autonomous Gu)”;

20. Revocation of permission for foreign national’s international air transportation business under Article 150 (1).

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 155(Fees, etc.) #

(1) None of the following persons shall pay fees prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013>

1. A person who intends to obtain a license, permission, certification, authorization, approval, or accreditation, to make a registration, or to receive an inspection (hereinafter referred to as "inspection, etc.") under this Act;

2. A person who intends to file a report under this Act;

3. A person who intends to make an application for issuance or re-issuance of a certificate, license or permit under this Act.

(2) If travel is required to conduct an inspection, etc. in the field, travel expenses shall be paid by the applicant. In such cases, the guidelines for such travel expenses shall be 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. 9780, Jun. 9, 2009]

Article 155-2(Re-examination of Regulation) #

The Minister of Land, Infrastructure and Transport shall re-examine the appropriateness of the matters referred to in each of the following subparagraphs, and then repeal, ease or maintain them, or take other necessary measures, every three years beginning on the base date provided for in either of those subparagraphs (referring to the period ending on the day before the base date of every third year):

1. For restrictions on installation of similar lights under Article 84 (1): January 1, 2014;

2. For restrictions on operation of aircraft under Article 108-2 (2): January 1, 2014.

[This Article Newly Inserted by Act No. 12706, May 28, 2014]

Article 156(Crime of Causing Danger in Aviation) #

Any person who damages an airfield, flying field, airport facilities, or navigation safety facilities, or causes danger during flight in any other way shall be punished by imprisonment with labor for a limited term of at least two years. <Amended by Act No. 12256, Jan. 14, 2014>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 157(Crime of Causing Danger in Flight) #

(1) Any person who crashes, overturns, or destroys an aircraft, light aircraft, or ultra-light plane in flight shall be punished by the death penalty or imprisonment with labor for an indefinite term or for at least five years. <Amended by Act No. 12256, Jan. 14, 2014>

(2) Any person who crashes, overturns or destroys an aircraft, light aircraft or ultra-light plane in flight in committing a crime prescribed in Article 156 shall be punished by the death penalty or imprisonment with labor for an indefinite term or for at least five years. <Amended by Act No. 12256, Jan. 14, 2014>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 158(Crime against Death or Injury by Causing Danger to Aircraft in Flight) #

Any person who causes death of or injury to another person by committing a crime prescribed in Article 157 shall be punished by the death penalty or imprisonment with labor for an indefinite term or for at least seven years.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 159(Attempted Crime) #

Any person who attempts any crime prescribed in Article 156 or 157 (1) shall be punished.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 160(Crime of Causing Danger by Negligence in Aviation) #

(1) Any person who negligently damages an aircraft, light aircraft, ultra-light plane, airfield, flying field, airport facilities, or navigation safety facilities, or causes danger during flight in any other way, or crashes, overturns, or destroys an aircraft in flight, shall be punished by imprisonment with labor for not exceeding one year or by a fine not exceeding 20 million won. <Amended by Act No. 12256, Jan. 14, 2014; Act No. 14114, Mar. 29, 2016>

(2) If a person commits a crime referred to in paragraph (1) by malpractice or gross negligence, he/she shall be punished by imprisonment with labor for not exceeding three years or by a fine not exceeding fifty million won. <Amended by Act No. 14114, Mar. 29, 2016>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 161(Crime of Using Aircraft without Certification of Airworthiness) #

A person falling under any of the following shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding fifty million won: <Amended by Act No. 11244, Jan. 26, 2012>

1. A person who uses an aircraft without obtaining certification of airworthiness or certification of the aircraft’s compliance with noise standards, or who uses the aircraft which fails to pass an inspection for such certification, for aviation in violation of Article 15 or 16;

2. A person who uses aircraft, etc., equipment or parts not approved for repair or modification, for aviation or aircraft, etc. in violation of Article 19;

3. A person who manufactures and sells technical-standard goods, or uses them for an aircraft, etc., without approval of type therefor in violation of Article 20 (3);

4. Deleted; <by Act No. 11244, Jan. 26, 2012>

5. A person who manufactures and sells equipment or parts, or uses them for aircraft, etc. or equipment, without obtaining certification as a manufacturer of parts, etc. in violation of Article 20-2;

6. A person who uses aircraft, etc., equipment or parts not validated that they comply with technical standards, for aviation in violation of Article 22.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 161-2(Crime concerning Airport Operator’s Certificate) #

Any person who operates an airport without obtaining an airport operator’s certificate in violation of Article 111-2 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 161-3(Crime of Drinking or Using Alcoholic Beverages, etc.) #

A person falling under any of the following shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014>

1. An aircrew member (including a person engaged in practice flights; hereafter in this Article the same shall apply) or a cabin crew member who violates Article 47 (1) (including where it applies mutatis mutandis pursuant to Article 24 (9)) by engaging in his/her services in a state incapable of rendering normal air services (including practice flights) or cabin services under the influence of alcoholic beverages, etc.;

2. An aircrew member or a cabin crew member who violates Article 47 (2) (including where it applies mutatis mutandis pursuant to Article 24 (9)) by drinking or using alcoholic beverages, etc.;

3. An aircrew member or a cabin crew member who violates Article 47 (3) (including where it applies mutatis mutandis pursuant to Article 24 (9)) by refusing to take the measurement required by the Minister of Land, Infrastructure and Transport.

[This Article Newly Inserted by Act No. 11244, Jan. 26, 2012]

Article 162(Crime of Non-Indication, etc.) #

Any owner, etc. who uses an aircraft for aviation without any indication as prescribed in Article 39 or with any false indication shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 20 million won.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 163(Crime of Failing to Keep Crew, etc. on Board) #

(1) Any owner, etc. who allows a person disqualified as an aircrew member to board on an aircraft to render air service, or fails to have a crew member required to be on board the aircraft under this Act get on it, shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 20 million won.

(2) Any person who violates the provisions of Article 40, 41, 43, 44, 59 (1) or 146 shall be punished by a fine not exceeding 20 million won.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 164(Crime concerning Unqualified Air Service Renderers, etc.) #

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

1. A person who has rendered air services without obtaining certification of qualification therefor in violation of Article 25;

2. A person who renders air services as an aircrew member (including any person who practices flights) in violation of an order issued to suspend rendering his/her services provided for in Article 33 or in violation of the scope of the services as shown in the attached Table;

3. A person engaged in business falling under any subparagraph of Article 34-2 (1) without obtaining certification of English proficiency for aviation in violation of Article 34-2;

4. and 5. Deleted. <by Act No. 11244, Jan. 26, 2012>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 165(Crime of Making Disqualified Instrument Flight, etc.) #

Any person who violates any of the provisions of Article 34 (1) or (2), 45, 82 (1) (including where it applies mutatis mutandis under Article 111) or 85 (including where it applies mutatis mutandis under Article 111) shall be punished by a fine not exceeding 20 million won.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 165-2(Crime of Operating in Reduced Vertical Separation Minimum Airspace, etc. without Approval) #

Any owner, etc. who has had an aircraft operated in any reduced vertical separation minimum airspace, required performance-based navigation airspace or other airspace prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport without approval therefor from the Minister of Land, Infrastructure and Transport in violation of Article 69-3 shall be punished by a fine not exceeding ten million won. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 166(Crime of Interfering with Exercise of Passenger Rights by Plane Captain, etc.) #

(1) Any plane captain or pilot who compels any person on board the aircraft render any un-obligatory service, or interferes with such person exercising his/her right, abusing his/her official authority, shall be punished by imprisonment with labor for at least one year but not more than ten years.

(2) Any plane captain or pilot who commits, by violence, a crime referred to in paragraph (1) shall be punished by imprisonment with labor for a limited term of at least three years.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 167(Crime of Deserting Aircraft by Plane Captain) #

Any plane captain (including any person who acts for the plane captain) who deserts the aircraft in violation of Article 50 (4) shall be punished by imprisonment with labor for not more than five years.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 168(Crime of Violating Plane Captain's Duty to Report) #

Any of the following persons shall be punished by a fine not exceeding five million won:

1. A person who fails to report on an aircraft accident, aircraft incident or aviation safety hindrance in violation of Article 50 (5) or (6);

2. A person who files a false report on an aircraft accident, aircraft incident or aviation safety hindrance in violation of Article 50 (5) or (6);

3. A person who allows any aircraft to take off or alters any flight schedule without approval pursuant to the provisions of Article 52 (2).

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 169(Crime Pertaining to Duties of Flight Crew, etc.) #

(1) Any of the following flight crew members shall be punished by a fine not exceeding five million won: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 12256, Jan. 14, 2014>

1. A person who violates any of the provisions of Article 38-2, 53 (1), 54, 55, or 144 (1);

2. A person who fails to follow instructions under the provisions of Article 70 (1) (including where it applies mutatis mutandis pursuant to Article 24 (9));

3. A person who fails to follow a request for landing under the provisions of Article 144 (4).

(2) If any flight crew, other than the plane captain, commits any crime referred to in paragraph (1), the plane captain shall also be punished by a fine not exceeding five million won, in addition to the offender.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 170(Crime of Illegal Use, etc. of Airfield) #

Any of the following persons shall be punished by a fine not exceeding 20 million won:

1. A person who installs any airfield facility without obtaining permission in violation of Article 75 (2);

2. A person who uses any airfield facility without undergoing any inspection under the provisions of Article 77 (1);

3. A person who uses any airfield facility permission from which has been revoked under the provisions of Article 81.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 171(Crime of Illegally Installing Navigation Safety Facilities without Permission) #

Any person who installs navigation safety facilities without obtaining permission therefor in violation of Article 75 (2) shall be punished by a fine not exceeding ten million won.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 172(Crime of Illegal Use, etc. of Ultra-Light Planes) #

(1) Any person who flies using an ultra-light plane without filing a report thereon or a report on the alteration or transfer thereof in violation of Article 23 (1) or 23-2 shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding five million won.

(2) Any person who flies using an ultra-light plane prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in an aerial zone publicly notified by the Minister of Land, Infrastructure and Transport wherein any flight by an ultra-light plane is limited, without approval therefor in violation of Article 23 (2), shall be punished by a fine not exceeding two million won. <Amended by Act No. 11690, Mar. 23, 2013>

(3) Any person who flies, without obtaining certification as an ultra-light plane operator under Article 23 (3), for profit-making by allowing others to ride on an ultra-light plane which fails to obtain safety certification to the effect that it is compatible with the technical criteria for flight safety under paragraph (4) of the said Article, shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won. <Amended by Act No. 12256, Jan. 14, 2014>

(4) Any person who uses any ultra-light plane for profit in violation of Article 23 (5) shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding five million won. <Newly Inserted by Act No. 11244, Jan. 26, 2012>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 172-2(Crime of Illegal Use, etc. of Light Aircraft) #

(1) Any person who flies using a light aircraft without obtaining safety certification under Article 24 (2) or has such flight made shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won.

(2) Any person who uses a light aircraft for commercial purposes in violation of Article 24 (7) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won. <Amended by Act No. 12256, Jan. 14, 2014>

(3) Any of the following persons shall be punished by a fine not exceeding three million won: <Amended by Act No. 12256, Jan. 14, 2014>

1. A person who operates an aircraft in a prohibited airspace in violation of Article 38-2 (2) which applies mutatis mutandis under Article 24 (9);

2. A person who takes off or lands a light aircraft in any area other than taking-off and landing areas in violation of Article 53 (2);

3. A person who uses a flying field, the use of which is suspended under Article 75-2 (4), for take-off or landing.

(4) Any person who uses a light aircraft for aviation without indicating its registration or with such mark falsely affixed in violation of Article 39 (1) which applies mutatis mutandis under Article 24 (9), or the owner of such light aircraft, shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding five million won. <Amended by Act No. 12256, Jan. 14, 2014>

(5) Any person who flies using a light aircraft without obtaining certification of qualification as a light aircraft pilot pursuant to Article 26 in violation of Article 25 (1) shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding five million won.

(6) Any person who fails to install or operate radio equipment in violation of Article 40-2 shall be punished by a fine not exceeding five million won. <Amended by Act No. 12256, Jan. 14, 2014>

[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]

Article 173(Crime of Violation of Order, etc.) #

Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014>

1. A person who engages in any of the activities subject to permission or permission for modification under Article 92 (1) without obtaining such permission, or obtains such permission by fraud or other improper means;

1-2. A person who interferes with or refuses any act of the project operator as prescribed in Article 97 (1) without justifiable grounds;

2. A person who violates any order or disposition for the Minister of Land, Infrastructure and Transport under Article 110 (1);

3. A person who violates any order issued under Article 75-2 (4).

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 174(Crime regarding Activities of Air Transportation Business Entity, etc.) #

(1) Any person who engages in the air transportation business or aircraft-using business without any license, permission or registration prescribed in Article 112, 132 (1), 134 (1) or 147 (1) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding one hundred million won.

(2) Any person who provides ground support services, aircraft maintenance services, or aircraft leasing services or operates a general sales agency, commercial document delivery business, city air terminal business, air leisure sport business, or business using an ultra-light plane without any registration or report under Article 137, 137-2, 139, 140, 140-2 or 141 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 30 million won. <Amended by Act No. 12256, Jan. 14, 2014>

(3) Any air transportation business entity, aircraft-using business entity, ground support service provider, aircraft maintenance service provider, aircraft leasing service provider, air leisure sport business entity, or business entity using an ultra-light plane who violates the prohibition of lending a license, etc. under the provisions of Article 123 (including where it applies mutatis mutandis under Article 132 (3), 134 (3) or 142 (1), (2) or (4)) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 30 million won. <Amended by Act No. 12256, Jan. 14, 2014>

(4) Any international air transportation business entity of foreign nationality who violates any restriction on the frequency of operation or the type of aircraft as prescribed in the latter part of Article 147 (1) shall be punished by a fine not exceeding 30 million won.

(5) Any person who conducts commercial transport as prescribed in Article 148 without obtaining permission as prescribed in the same Article, or any person who conducts an onerous transport in violation of Article 149, shall be punished by a fine not exceeding 30 million won.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 175(Crime regarding Certification for Operation, etc.) #

A person falling under any of the following subparagraphs shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 10162, Mar. 22, 2010; Act No. 12706, May 28, 2014>

1. A domestic air transportation business entity, international air transportation business entity, small air transportation business entity, or aircraft-using business entity who has begun an operation without obtaining certification for operation under Article 115-2 (1) (including where it applies mutatis mutandis under Articles 132 (3) and 134 (3));

2. A person who has maintained aircraft, etc., equipment or parts without obtaining the maintenance organization certification in violation of Article 138.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 176(Crime regarding Activities, etc. of International Air Transportation Business Entity of Foreign Nationality) #

If an international air transportation business entity of foreign nationality falls under any of the following subparagraphs, he/she shall be punished by a fine not exceeding ten million won: <Amended by Act No. 11244, Jan. 26, 2012>

1. Where he/she operates an aircraft without carrying the documents under subparagraphs of Article 147-2 (1), in violation of the said provision;

2. Where he/she violates an order issued pursuant to Article 150 to suspend business;

3. Where he/she receives a fare or rate without obtaining authorization or making a report pursuant to Article 117 (1), which shall apply mutatis mutandis under Article 152;

4. Where he/she revises a business plan without obtaining authorization or making a report pursuant to Article 120 (2), which shall apply mutatis mutandis under Article 152;

5. Where he/she performs a transportation agreement or an alliance agreement, the conclusion or alteration of which is unauthorized in violation of Article 121, which shall apply mutatis mutandis under Article 152, or fails to file a report on the alteration of such agreement;

6. Where he/she fails to perform an order issued pursuant to Article 122 (excluding subparagraph 6 thereof), which shall apply mutatis mutandis under Article 152, to improve his/her business.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 177(Crime regarding Activities of Air Transportation Business Entity, etc.) #

(1) If a domestic air transportation business entity, international air transportation business entity, small air transportation business entity or aircraft-using business entity falls under any of the following subparagraphs, he/she shall be punished by a fine not exceeding ten million won: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 12706, May 28, 2014>

1. Where he/she operates or maintains an aircraft without observing the flight manual or the maintenance control manual as prescribed in Article 116 (including where it applies mutatis mutandis under Article 132 (4) or 134 (3));

2. Where he/she receives a fare or rate without obtaining authorization or making a report under the provisions of Article 117;

3. Where he/she violates the provisions of Article 120 (1), or determines or alters a business plan without obtaining authorization as prescribed in paragraph (2) of the same Article (including where it applies mutatis mutandis under Article 132 (3) or 134 (3));

4. Where he/she performs a transportation agreement or an alliance agreement, the conclusion or alteration of which is unauthorized in violation of Article 121 (including where it applies mutatis mutandis under Article 132 (3)), or fails to report on the alteration of such agreement;

5. Where he/she violates an order to improve the business as prescribed in Article 122 (excluding subparagraph 6 thereof, but including where it applies mutatis mutandis under Article 132 (3) or 134 (3));

6. Where he/she suspends the operation of his/her business or air route in violation of Article 127 (including where it applies mutatis mutandis under Article 132 (3));

7. Where he/she violates an order to suspend business as prescribed in Article 129 (including where it applies mutatis mutandis under Article 132 (3) or 134 (3));

8. Where he/she operates an aircraft without approval therefor in violation of Article 69-2.

(2) If a ground support service provider, an aircraft maintenance service provider, an aircraft leasing service provider, an air leisure sport business entity, or a business entity using an ultra-light plane violates an order issued pursuant to Article 122, which shall apply mutatis mutandis under Article 142 (1), (2), (4) or (5), he/she shall be punished by a fine not exceeding ten million won. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 12256, Jan. 14, 2014>

(3) If a general sales agent, a commercial document delivery business entity or a city air terminal business entity violates the provisions of subparagraph 1 of Article 122 which shall apply mutatis mutandis under Article 142 (3), he/she shall be punished by a fine not exceeding ten million won.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 178(Crime of Refusing Inspection, etc.) #

Any person who refuses, interferes with, or evades an inspection or entry prescribed in Article 80 (2) and (3), 111-4 (1), or 153 (2) through (4) shall be punished by a fine not exceeding five million won.

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 178-2 #

Deleted. <by Act No. 7691, Nov. 8, 2005>

Article 179(Joint Penalty Provisions) #

If a representative of a corporation, or an agent or employee of, or any other person employed by, a corporation or an individual violates any of Articles 162, 163, 165, 169 through 172, 172-2, and 173 through 178 in connection with the business affairs of the corporation or individual, the fine as prescribed in each of such Articles shall be imposed on the corporation or individual also, in addition to the punishment of the violator: Provided, That this shall not apply where the corporation or individual has not been negligent in exercising due care and supervision over the relevant business affairs to prevent such violation. <Amended by Act No. 12706, May 28, 2014>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 180 #

Deleted. <by Act No. 5794, Feb. 5, 1999>

Article 181(Special Cases in Application of Penalty Provisions) #

In application of the penalty provisions of Articles 174 (excluding paragraphs (1) and (3) thereof) through 178, the public action may be instituted only upon an accusation of the Minister of Land, Infrastructure and Transport regarding any act on which a penalty surcharge may be imposed pursuant to Article 115-4 or 131 (including where it applies mutatis mutandis under Articles 132 (3), 134 (3), 142, or 150 (2)), and no administrative fine may be imposed on any act for which a penalty surcharge has already been imposed. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 181-2(Administrative Fines) #

An air transportation business entity (including any international air transportation business entity of foreign nationality) from among air transport service providers who fail to comply with an order to improve services under subparagraph 6 or 7 of Article 122 shall be subject to an administrative fine not exceeding 20 million won. <Amended by Act No. 14114, Mar. 29, 2016>

[This Article Newly Inserted by Act No. 11244, Jan. 26, 2012]

Article 182(Administrative Fines) #

Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014; Act No. 12706, May 28, 2014; Act No. 13810, Jan. 19, 2016; Act No. 14114, Mar. 29, 2016>

1. A person who flies without obtaining safety certification verifying that he/she is compliant with the technical criteria for flight safety of an ultra-light plane, in violation of Article 23 (4) (excluding where Article 172 (3) applies);

2. A person who makes the use falling under any subparagraph of Article 23 (5) without purchasing an insurance policy, in violation of the proviso to Article 23 (5);

3. A person who flies using a light aircraft without purchasing an insurance policy, in violation of Article 24 (5);

3-2. A person who violates Article 49 (2), falling under any of the following (in cases of Article 49 (2) 3, limited to a person other than an air transportation business entity):

(a) A person who fails to establish an aviation safety management system prior to commencing the operation of an aircraft outside of the Republic of Korea;

(b) A person who operates an aviation safety management system without approval from the Minister of Land, Infrastructure and Transport;

(c) A person who operates an aviation safety management system in a manner different from that approved;

(d) A person who makes a revision to any of the important matters specified by Ordinance of the Ministry of Land, Infrastructure and Transport to ensure safety, without approval from the Minister of Land, Infrastructure and Transport;

4. A person, other than an air transportation business entity, who allows an aircraft to be operated without employing a flight dispatcher, in violation of Article 52 (1);

5. A person, other than an air transportation business entity, who has a flight dispatcher conduct his/her duties without completing necessary education and training for performing such duties, in violation of Article 52 (3);

6. A person who handles dangerous goods without complying with the procedures and methods for handling dangerous goods under Article 59 (2);

7. A person who sells any package or container which fails to undergo inspection under Article 60 (1);

8. A person who handles dangerous goods without completing education required for handling dangerous goods, in violation of Article 61 (1);

8-2. A person who fails to install or manage beacon lights and beacons under paragraph (1), (4), or (5) of Article 83 (including where it applies mutatis mutandis under Article 111);

9. A person who fails to report on usage fees on any airfield or navigation safety facilities under Article 86 (3), or who collects usage fees different from that reported;

10. A person who fails to obey an order issued by a person who manages airport facilities pursuant to Article 106-2 (2);

10-2. A person who fails to report on or obtain approval for airport facility usage fees, or collects the usage fees differently from the reported or approved ones, in violation of Article 107 (2);

11. An airport operator who amends the airport operating rules without obtaining authorization therefor, in violation of the main sentence of Article 111-3 (1);

12. An airport operator who fails to amend any of the airport operating rules, in violation of Article 111-3 (2);

13. An airport operator who fails to continuously maintain a safe airport operation system pursuant to the standards for safe operation of airport and the airport operating rules, in violation of Article 111-4 (1);

13-2. A person who fails to report his/her transport clause or any change therein, in violation of Article 112-3 (including where it applies mutatis mutandis under Article 152);

13-3. A person who fails to submit materials under Article 113 (3) or submits false materials;

13-4. A person who fails to fulfill the duty of notification under Article 113 (4);

13-5. A person who fails to provide information concerning aggregate air fares, etc., or provides false information, in violation of Article 117 (4) (including where it applies mutatis mutandis under Articles 142 and 152);

14. A person who fails to keep a fare list, etc. as prescribed in Article 119 (including where it applies mutatis mutandis under Article 132 (3), 142, or 152), or who keeps a fare list, etc. stating false matters;

14-2. A person who fails to fulfill the duty under Article 119-5 (3) (including where it applies mutatis mutandis under Articles 142 and 152);

14-3. An airport operator who fails to follow an order to improve services under subparagraph 6 of Article 122;

15. A person who discontinues the business or air route, in violation of Article 128 (including where it applies mutatis mutandis under Article 132 (3), 134 (3), or 142), or who fails to report as prescribed in Article 127 (2) which applies mutatis mutandis under Article 142 or makes a false report;

16. A person who fails to report, etc. as prescribed in Article 153 (1), or makes a false report, etc.;

17. A person who makes a false statement in response to a question as prescribed in Article 153 (2) or (4);

18. A person who fails to comply with an order to suspend operation or services as prescribed in Article 153 (9).

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 182-2(Administrative Fines) #

A person who falls under any of the following subparagraphs shall be subject to an administrative fine not exceeding three million won: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 12256, Jan. 14, 2014>

1. A person who flies using an ultra-light plane without obtaining certification as an ultra-light plane operator in violation of Article 23 (3) (excluding where Article 172 (3) applies);

2. Deleted; <by Act No. 12256, Jan. 14, 2014>

3. A person who flies using a light aircraft or the equipment or parts thereof without obtaining validation thereof under Article 24 (4);

4. A person who flies using a light aircraft without complying with matters to be observed under Article 24 (6).

[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]

Article 183(Administrative Fines) #

A person who falls under any of the following subparagraphs shall be subject to an administrative fine not exceeding two million won: <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014>

1. A person who fails to file an application for registration of modification or cancellation, in violation of Article 10 or 12 (1);

2. A person who uses an aircraft without attaching the registration mark, in violation of Article 14 (1);

3. A person who fails to obtain approval for airworthiness under Article 18;

4. Deleted; <by Act No. 12256, Jan. 14, 2014>

5. A person who flies using an ultra-light plane without complying with matters to be observed in operating such equipment under Article 23 (8);

5-2. A person who flies using a light aircraft without observing the scope of operation designated under Article 24 (3);

6. A person, other than an aircrew member, who causes a minor aviation safety hindrance under Article 49-4 (1) deliberately or by gross negligence;

7. A person who fails to comply with an instruction issued by the Minister of Land, Infrastructure and Transport for safety in air traffic, in violation of Article 70 (5) (including where it applies mutatis mutandis under Article 24 (9));

8. Deleted; <by Act No. 12706, May 28, 2014>

9. A person who violates an order issued under Article 84 (2) (including where it applies mutatis mutandis under Article 111);

10. An airport operator who alters the airport operating rules without filing a report, in violation of the proviso to Article 111-3 (1);

11. A cabin crew member who fails to observe the flight manual concerning emergency escape or other safety, in violation of Article 116 (3) (including where it applies mutatis mutandis under Article 132 (3));

12. A person who performs a job related to transportation of passengers or cargo but fails to observe the flight manual concerning safety in controlling the load of cargo and luggage in an aircraft or controlling the weight or balance of an aircraft, in violation of Article 116 (3) (including where it applies mutatis mutandis under Article 132 (3)).

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]

Article 183-2(Administrative Fines) #

Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014; Act No. 12706, May 28, 2014; Act No. 14114, Mar. 29, 2016>

1. A person who fails to report under Article 22-2 or makes a false report;

2. A person who fails to attach a filing number under Article 23 (1) or indicates a false number;

3. A person who flies using an ultra-light plane without installing or carrying the equipment prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport under Article 23 (9);

4. A person who flies using an aircraft without attaching a registration mark pursuant to Article 14 which applies mutatis mutandis under Article 24 (9);

5. A person who fails to report under Article 49-3 (including where it applies mutatis mutandis pursuant to Article 152) or makes a false report;

6. A person who fails to report under Article 119-2 (6) or makes a false report.

[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]

Article 183-3(Administrative Fines) #

Any person who falls under any of the following subparagraphs shall be subject to an administrative fine not exceeding five hundred thousand won:

1. The operator or owner of a light aircraft who fails to report a light aircraft accident, or makes a false report thereon, in violation of Article 24 (8);

2. A person who fails to file an application for registration of a modification or cancellation under Article 10 or 12 which applies mutatis mutandis under Article 24 (9).

[This Article Wholly Amended by Act No. 12256, Jan. 14, 2014]

Article 183-4(Administrative Fines) #

Any person who falls under any of the following subparagraphs shall be subject to an administrative fine not exceeding three hundred thousand won:

1. The operator or owner of an ultra-light plane who fails to report an ultra-light plane accident, or falsely reports thereon, in violation of Article 23 (7);

2. A person who fails to report on the modification, cancellation, or transfer of an ultra-light plane under Article 23-2.

[This Article Wholly Amended by Act No. 12256, Jan. 14, 2014]

Article 184(Procedures for Imposition and Collection of Administrative Fines) #

(1) Administrative fines prescribed in Articles 181-2, 182, 182-2, 183, and 183-2 through 183-4 shall be imposed and collected by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended by Act No. 11244, Jan. 26, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12256, Jan. 14, 2014>

(2) Administrative fines against travel agencies falling under subparagraphs 13-5 and 14-2 of Article 182 shall be imposed and collected by the “Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (Gu means an autonomous Gu)”, as prescribed by Presidential Decree. <Newly Inserted by Act No. 12256, Jan. 14, 2014; Act No. 13810, Jan. 19, 2016; Act No. 14114, Mar. 29, 2016>

[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]