Article 1(Purpose) #
The purpose of this Act is to ensure smooth air transportation and to contribute to the totally integrated development of aviation by establishing the Korea Airport Corporation (hereinafter referred to as the “Corporation”), constructing airport facilities, and managing and operating them efficiently. <Amended by Act No. 4235, Apr. 7, 1990; Act No. 4436, Dec. 14, 1991>
Article 2(Definitions) #
For the purpose of this Act, <Amended by Act No. 4435, Dec. 14, 1991; Act No. 5454, Dec. 13, 1997; Act No. 5794, Feb. 5, 1999>
1. the term “airport” means an airfield equipped with airport facilities as referred to in subparagraph 5 of Article 2 of the Aviation Act; and
2. the term “airport facilities” means passenger and freight terminals, runways, moorings, aeronautical communication facilities (limited to communication facilities related to aeronautical communication of the Ministry of Construction and Transportation; hereinafter the same shall apply), navigation security facilities and parking lots and their ancillary and supporting facilities.
[This Article Wholly Amended by Act No. 4235, Apr. 7, 1990]
Article 3(Juristic Person) #
The Corporation shall be in the form of a juristic person.
Article 4(Registration of Incorporation) #
(1) The Corporation shall come into existence by making a registration of incorporation at the location of its principal office.
(2) Matters necessary for the registration of incorporation and other registrations of the Corporation shall be prescribed by the Presidential Decree.
Article 5(Establishment of Branch Office) #
The Corporation may, if necessary, establish a branch office with the approval of the Minister of Construction and Transportation. <Amended by Act No. 5454, Dec. 13, 1997>
Article 6(Articles of Incorporation) #
(1) The articles of incorporation of the Corporation shall include the matters falling under each of the following subparagraphs:
1. Purpose;
2. Title;
3. Location of its principal office;
4. Matters Concerning functions and performance thereof;
5. Matters Concerning property and accounting;
6. Matters Concerning officers and employees;
7. Matters Concerning the board of directors;
8. Matters Concerning modification of the articles of incorporation;
9. Matters Concerning public notice; and
10. Matters Concerning dissolution.
(2) If the Corporation intends to modify its articles of incorporation, it shall obtain the approval of the Minister of Construction and Transportation. <Amended by Act No. 5454, Dec. 13, 1997>
Article 7(Projects) #
The Corporation shall carry out the projects falling under each of the following subparagraphs: <Amended by Act No. 4235, Apr. 7, 1990; Act No. 4436, Dec. 14, 1991; Act No. 4336, Aug. 3, 1994; Act No. 5454, Dec. 13, 1997; Act No. 5794, Feb. 5, 1999>
1. Management, operation, repair and maintenance of passenger and freight terminals, and their ancillary and supporting facilities;
2. Management, operation, repair and maintenance of runways and moorings;
3. Repair and maintenance of aeronautical communication facilities and navigation security facilities;
4. Landscaping and beautification of airport and installations, management, repair and maintenance of landscaping facilities;
5. Installation, management, repair and maintenance of facilities to prevent noise generated when airplanes take off or land;
5-2. Deleted; <by Act No. 4779, Aug. 3, 1994>
6. Projects incidental to those as referred to in subparagraphs 1 through 5, and improvement and expansion of airport facilities; and
7. Other projects entrusted by the Minister of Construction and Transportation for management, operation and improvement of airport facilities.
Article 8(Officers) #
(1) The Corporation shall have officers falling under each of the following subparagraphs: <Amended by Act No. 4436, Dec. 14, 1991; Act No. 4779, Aug. 3, 1994>
1. A president of the board of directors;
2. A vice-president
3. Not more than five directors; and
4. An auditor.
(2) The president, vice-president and auditor shall be appointed and dismissed by the Minister of Construction and Transportation. <Amended by Act No. 5454, Dec. 13, 1997>
(3) The directors shall be appointed and dismissed by the president with the approval of the Minister of Construction and Transportation. <Amended by Act No. 5454, Dec. 13, 1997>
(4) The term of office of the president, vice-president and directors shall be three years, and that of the auditor shall be two years.
Article 9(Duties of Officers) #
(1) The president shall represent the Corporation and exercise the overall control and supervision over its business affairs.
(2) The vice-president shall assist the president, and if the president is prevented from performing his duties, the vice-president shall perform the duties of the president on his behalf under the conditions as prescribed by the articles of incorporation. <Amended by Act No. 4436, Dec. 14, 1991>
(3) The directors shall take partial charge of business affairs of the Corporation under the conditions as prescribed by the articles of incorporation, and if both the president and vice-president are prevented from performing their duties, the directors shall perform their duties on their behalf in such order as prescribed by the articles of incorporation.
(4) The auditor shall audit business affairs and accounts of the Corporation.
Article 10(Disqualifications for Officers) #
No person falling under each of the following subparagraph may be an officer of the Corporation:
1. A person who is not a national of the Republic of Korea;
2. A person who is incompetent or quasi-incompetent, or person who is declared bankrupt and is not yet reinstated;
3. A person who was sentenced to a punishment severer than imprisonment without prison labor, for whom two years have not passed since the execution of the sentence was terminated or the non-execution thereof was finally decided;
4. A person who is disqualified, or whose qualification is suspended, by the Acts or court decision; and
5. A person who is sentenced to a fine in violation of this Act, and for whom two years have not passed since he was sentenced to the punishment.
Article 11(Restriction on Concurrent Position of Officers and Employees) #
No officer or employee of the Corporation shall be engaged in any profit-making business other than his proper duties and no officer shall be engaged in another position without the permission of the Minister of Construction and Transportation, and no employee shall be engaged in another position without the permission of the president. <Amended by Act No. 5454, Dec. 13, 1997>
Article 12(Board of Directors) #
(1) In order to decide important matters of the Corporation, a board of directors shall be established in the Corporation.
(2) The board of directors shall be composed of the president, vice-president, and directors.
(3) The president shall convene the board of directors and preside over it.
(4) The board of directors shall make a decision with the attendance of a majority of all registered members, and by an affirmative vote of a majority of members attending.
(5) The auditor may attend the meetings of the board of directors and state his opinion.
Article 13(Appointment and Dismissal of Employees) #
The employees of the Corporation shall be appointed and dismissed by the president under the conditions as prescribed by the articles of incorporation.
Article 14(Airport to be under Management and Operation) #
Airports to be managed and operated by the Corporation shall be prescribed by the Presidential Decree.
Article 15(Raising, etc. of Funds) #
(1) Funds required for the operation and projects of the Corporation shall be raised according to the methods falling under each of the following subparagraphs: <Amended by Act No. 4435, Dec. 14, 1991>
1. Contributions by the government or persons other than the government;
2. Deleted. <by Act No. 4779, Aug. 3, 1994>
3. Proceeds accruing from the operation of assets;
4. Loans (including funds borrowed and goods introduced from foreign countries);
5. Profits gained by projects as referred to in Article 7; and
6. Other revenues.
(2) Matters necessary for delivery, use and management of the government’s contributions as referred to in paragraph (1) shall be prescribed by the Presidential Decree.
Article 16(Gratuitous Lending, etc. of State Property) #
If it is necessary to carry out efficiently projects of the Corporation as referred to in Article 7, the government may lend or concede gratuitously any state property (including goods; hereinafter the same shall apply) to the Corporation, or allow the Corporation to use it.
[This Article Wholly Amended by Act No. 3571, Nov. 29, 1982]
Article 17(Sublease of State Property, etc.) #
(1) The Corporation may lend or sublease any property contributed or leased under the provisions of Articles 15 (1) and 16 to the extent that it causes no impediment to the management and operation of airport facilities.
(2) If the Corporation wishes to lend or sublease any property under the provisions of paragraph (1), it shall prepare in advance a plan thereof, and submit it to the Minister of Construction and Transportation to obtain his approval. The same shall also apply if the Corporation wishes to modify a plan. <Amended by Act No. 5454, Dec. 13, 1997>
(3) No person who has any property lent or subleased under the provisions of paragraph (1) shall have another person use, benefit from, or lend such property.
(4) No person who has any property lent or subleased under the provisions of paragraph (1) shall construct any building or other permanent facilities on such property: Provided, That in a case where he constructs the facilities which the Minister of Construction and Transportation deems necessary for administrative purpose or carrying out business affairs of the Corporation, subject to the conditions that such facilities are donated. <Amended by Act No. 5454, Dec. 13, 1997>
Article 18(Collection of Rents, etc.) #
(1) The Corporation may collect rents or charges for use from those who use or utilize airport facilities managed and operated by it.
(2) The object, amount and procedures of collection of rents or charges for use under the provisions of paragraph (1) shall be prescribed by the Ordinance of the Ministry of Construction and Transportation. <Amended by Act No. 5454, Dec. 13, 1997>
Article 19(Approval on Business Plan, etc.) #
The Corporation shall prepare a business plan and budget bill for each business year under the conditions as prescribed by the Presidential Decree, and submit them to the Minister of Construction and Transportation to obtain his approval. The same shall also apply, if it wishes to modify them. <Amended by Act No. 5454, Dec. 13, 1997>
Article 20(Submission of Statement of Accounts) #
The Corporation shall prepare a settlement of accounts on revenues and expenditures for each business year, and submit it to the Minister of Construction and Transportation after undergoing an audit by a certified public accountant designated by the Minister of Construction and Transportation, not later than the end of February in the following year. <Amended by Act No. 5454, Dec. 13, 1997>
Article 21(Business Year) #
The business year of the Corporation shall be based on that of the government.
Article 22(Public Account Rules, etc. of Corporation) #
The Corporation shall make rules relating to organization, accounting, personnel affairs, remuneration, etc. and obtain the approval of the Minister of Construction and Transportation. The same shall also apply, if the Corporation wishes to modify such rules. <Amended by Act No. 5454, Dec. 13, 1997>
Article 23(Borrowing, etc. of Funds) #
(1) If it is necessary to carry out projects as referred to in Article 7, the Corporation may borrow funds (including borrowing from international organizations, foreign governments or foreigners) or introduce the with the approval of the Minister of Construction and Transportation. <Amended by Act No. 5454, Dec. 13, 1997>
(2) If the Minister of Construction and Transportation wishes to approve any borrowing of funds from foreign countries under the provisions of paragraph (1), he shall consult in advance with the head of the central administrative agency concerned. <Amended by Act No. 4436, Dec. 14, 1991; Act No. 5454, Dec. 13, 1997>
Article 23 #
Deleted.<by Act No. 4779, Aug. 3, 1994>
Article 23-2 #
Deleted.<by Act No. 4779, Aug. 3, 1994>
Article 23-3 #
Deleted.<by Act No. 4779, Aug. 3, 1994>
Article 23-4(Investment, etc.) #
(1) The Corporation may, through a resolution of the board of directors, make an investment in or contributions to projects related with those of the Corporation within the limit of the budget.
(2) The scope of projects in or to which the Corporation may make any investment or contributions under the provisions of paragraph (1) shall be prescribed by the President Decree.
[This Article Newly Inserted by Act No. 4435, Dec. 14, 1991]
Article 23-5 #
Deleted.<by Act No. 4779, Aug. 3, 1994>
Article 24(Liability for Expenses) #
The Corporation may, with the approval of the Minister of Construction and Transportation, have beneficiaries of its projects bear expenses required for the projects. <Amended by Act No. 5454, Dec. 13, 1997>
Article 25(Appropriation of Surplus) #
If there is a surplus as a result of the settlement of accounts for each business year, the Corporation shall appropriate it in the following order:
1. Making up deficits brought forward;
2. Accumulating reserve funds for the facilities as prescribed by the Presidential Decree; and
3. Payment to the National Treasury.
[This Article Wholly Amended by Act No. 3571, Nov. 29, 1982]
Article 26(Restriction on Disposal of Property) #
(1) If the Corporation wishes to dispose of important property, it shall obtain the approval of the Minister of Construction and Transportation in advance. <Amended by Act No. 5454, Dec. 13, 1997>
(2) The scope of property as referred to in paragraph (1) of this Article shall be prescribed by the Presidential Decree.
Article 26-2 #
Deleted.<by Act No. 5689, Jan. 26, 1999>
Article 27(Gratuitous Use of Corporation’s Property, etc.) #
Of the properties owned or managed by the Corporation, the property needed by any administrative agency or non-profit juristic person related directly with the performance of airport services, such as construction, management, operation, etc. of an airport, the Corporation shall allow such property to be used gratuitously under the conditions as determined by the Minister of Construction and Transportation after consulting with the competent Minister. <Amended by Act No. 5454, Dec. 13, 1997>
Article 28(Direction and Supervision) #
(1) The Minister of Construction and Transportation shall direct and control the Corporation, and if it is deemed necessary to do so, he may have the Corporation report matters concerning its affairs, accounting and property, or have a public official under his control inspect books, documents, facilities and other things of the Corporation. <Amended by Act No. 5454, Dec. 13, 1997>
(2) If it is found that any unlawful or unreasonable acts are committed as a result of the inspection under the provisions of paragraph (1), the Minister of Construction and Transportation may order the Corporation to take corrective measures. <Amended by Act No. 5454, Dec. 13, 1997>
(3) Any public official, who conducts the inspection under the provisions of paragraph (1), shall produce a certificate indicating his competence to the persons concerned.
Article 29(Duty of Non-Disclosure of Secret) #
Any person, who installs, constructs, expands or repairs airport facilities under entrustment of the Corporation, shall not disclose any secret which he has learned in the course of performing his duties.
Article 30(Legal Fiction in Application of Penal Provisions) #
In application of Articles 127 and 129 through 132 of the Criminal Act, officers and employees of the Corporation shall be considered as public officials.
Article 31(Application Mutatis Mutandis of Civil Act) #
Except as otherwise prescribed by this Act, the provisions of the Civil Act concerning an incorporated foundation shall apply mutatis mutandis to the Corporation.
Article 32(Penal Provisions) #
Any person, who violates the provisions of Article 29, shall be punished by imprisonment for not more than two years or a fine not exceeding two million won. <Amended by Act No. 4436, Dec. 14, 1991>
Article 33(Enforcement Decree) #
Matters necessary for the enforcement of this Act shall be prescribed by the Presidential Decree.