ENFORCEMENT DECREE OF THE AVIATION ACT

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters delegated by the Aviation Act and other matters necessary for the enforcement thereof.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 2 #

Deleted. <by Presidential Decree No. 16511, Aug. 6, 1999>

Article 3 #

Deleted. <by Presidential Decree No. 16511, Aug. 6, 1999>

Article 4 #

Deleted. <by Presidential Decree No. 16511, Aug. 6, 1999>

Article 5 #

Deleted. <by Presidential Decree No. 16511, Aug. 6, 1999>

Article 6 #

Deleted. <by Presidential Decree No. 16511, Aug. 6, 1999>

Article 7 #

Deleted. <by Presidential Decree No. 16511, Aug. 6, 1999>

Article 8 #

Deleted. <by Presidential Decree No. 16511, Aug. 6, 1999>

Article 9(Scope of Aircraft) #

"Other apparatus to be used for aviation that are prescribed by Presidential Decree" under subparagraph 1 of Article 2 of the Aviation Act (hereinafter referred to as the "Act") means any of the followings: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

1. Engine flying devices which exceed the range determined by Ordinance of the Ministry of Land, Infrastructure and Transport with respect to the maximum take-off weight, speed, number of seats, etc.;

2. Air spacecraft which has the ability to fly in and out of the earth's atmosphere.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 9-2(Scope of Public Agencies) #

"Any such public agency as determined by Presidential Decree" under subparagraph 2 of Article 2 of the Act means the Korea National Park Service under Article 44 of the Natural Parks Act.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 9-3(Classification of Airfields) #

"Airfields determined by Presidential Decree" under subparagraph 6 of Article 2 of the Act means any of the followings: <Amended by Presidential Decree No. 23989, Jul. 24, 2012>

1. Land airfields;

2. Land heliports;

3. Water airfields;

4. Water heliports;

5. Rooftop heliports;

5-2. Ship heliports;

6. Sea-floating heliports.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 10(Classification of Airport Facilities) #

"Facilities prescribed by Presidential Decree" in subparagraph 8 of Article 2 of the Act, means the following basic and support facilities: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27243, Jun. 21, 2016>

1. The following basic facilities:

(a) Aircraft take-off and landing system, such as runway, taxiway, apron, and landing zone;

(b) Passenger service facilities and cargo disposal facilities, such as passenger terminal and cargo terminal;

(c) Navigation safety facilities;

(d) Communication facilities, such as control office, transmitting and receiving stations, and communication stations;

(e) Meteorological observation facilities;

(f) Parking facilities for airport users, and guard and security facilities;

(g) Public relations and information facilities for airport users;

2. The following support facilities:

(a) Facilities for checking, maintaining, etc. aircraft and ground operation equipment;

(b) Facilities for aviation management, medical care, education, training, and fire-fighting, and facilities for manufacturing, supplying, etc. in-flight meals;

(c) Airport operation and management facilities for operating, maintaining, and repairing airports;

(d) Accommodation facilities for airport users and welfare facilities for airport employees;

(e) Office, lodging, sale, recreation, sports, exhibition, entertainment, and assembly facilities for airport users;

(f) Airport traffic facilities, and environment protection facilities, such as landscape gardening facilities, soundproof walls, and pollutant discharge prevention facilities;

(g) Water supply and sewerage systems, and electricity, communications, air conditioning, and heating facilities;

(h) Aircraft oil supply facilities and oil storage and management facilities;

(i) Warehouse facilities for storage of air cargo;

(j) Facilities annexed to structures, which are required to operate and administer airports and engage in air transportation business and other related business (hereinafter referred to as "air transportation business, etc.");

Article 10-2(Classification of Obstacle Limitation Surfaces) #

(1) "Surface which is prescribed by Presidential Decree" under subparagraph 16 of Article 2 of the Act means any of the followings:

1. Horizontal surface;

2. Conical surface;

3. Approach surface and inner approach surface;

4. Transition surface and inner transition surface;

5. Go-around surface.

(2) Necessary matters concerning the standards, etc. for obstacle limitation surfaces referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 10-3(Classification of Flying Fields) #

“Specific area of land or water surface which is determined by Presidential Decree” in subparagraph 45 of Article 2 of the Act means any of the following:

1. A flying field ashore;

2. A flying field afloat.

[This Article Newly Inserted by Presidential Decree No. 25455, Jul. 14, 2014]

Article 11(Changing Major Matters on Ground Plans for Aviation Policies) #

The term "major matters as determined by Presidential Decree" as referred to in Article 2-5 (4) of the Act means any of the followings: <Amended by Presidential Decree No. 23989, Jul. 24, 2012; Presidential Decree No. 24443, Mar. 23, 2013>

1. The target and strategic plan of the State aviation policies;

2. Fostering of domestic air transportation business;

3. Efficient development of airports;

4. Protection of air transport users;

5. Development of aviation safety technology;

6. Other matters determined by the Minister of Land, Infrastructure and Transport.

[This Article Newly Inserted by Presidential Decree No. 20778, May 6, 2008]

Article 11-2(Organization of Aviation Policy Committee) #

(1) The Aviation Policy Committee under Article 2-6 of the Act (hereinafter referred to as the "Aviation Policy Committee") shall be comprised of not more than 20 members, including one chairperson.

(2) The Minister of Land, Infrastructure and Transport shall be the chairperson of the Aviation Policy Committee, and the following persons shall be the members: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

1. The Vice Minister of Strategy and Finance, the Vice Minister of Science, ICT and Future Planning, the Vice Minister of Foreign Affairs, the Vice Minister of National Defense, the Vice Minister of Culture, Sports and Tourism, and the Vice Minister of Trade, Industry and Energy;

2. Not more than 13 persons commissioned by the Minister of Land, Infrastructure and Transport, from among those with extensive knowledge and experience in aviation.

(3) The terms of office of the members under paragraph (2) 2 shall be two years.

(4) The Aviation Policy Committee shall have one secretary to administer affairs of the Aviation Policy Committee, designated by the Minister of Land, Infrastructure and Transport from among public officials in general service belonging to the Senior Civil Service of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 11-3(The Chairperson's Responsibilities) #

(1) The chairperson of the Committee on Aviation Policy represents the Committee, and supervises affairs of the Committee.

(2) In cases where the chairperson cannot perform his/her responsibilities due to inevitable circumstances, a member who has been designated in advance by the chairperson shall perform such responsibilities as the acting chairperson.

[This Article Newly Inserted by Presidential Decree No. 20778, May 6, 2008]

Article 11-4(Meetings) #

(1) The chairperson of the Aviation Policy Committee shall call and preside over meetings of the Committee.

(2) Where the chairperson calls a meeting, he/she shall notify each member of the date and venue of the meeting and the matters to be deliberated upon, by no later than five days before the prearranged date of such meeting: Provided, That this shall not apply in cases where any urgent need or other inevitable reason exists.

(3) Meetings of the Aviation Policy Committee shall begin with a majority attendance of enrolled members, and pass a resolution by majority vote.

(4) If it is deemed necessary to deliberate on matters on the agenda and perform other business activities, the Aviation Policy Committee may request the relevant agencies to submit information, or have interested parties or specialists appear to present their opinions.

(5) The Aviation Policy Committee shall record the minutes and make them available for inspection.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 11-5(Composition, etc. of Executive Committee) #

(1) An Executive Committee shall be established in the Aviation Policy Committee to efficiently administer the Aviation Policy Committee and to perform duties entrusted by the Aviation Policy Committee.

(2) The Executive Committee shall consist of not more than 20 members, including one chairperson.

(3) The chairperson of the Executive Committee shall be appointed by the Minister of Land, Infrastructure and Transport, from among public officials in general service who belong to the Senior Civil Service of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

(4) The following persons shall be the members of the Executive Committee: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

1. One person, each of whom is appointed by the head of each relevant agency, from among public officials in general service, who are in Grade IV or higher (including public officials in general service who belong to the Senior Civil Service), of the Ministry of Strategy and Finance, the Ministry of Science, ICT and Future Planning, the Ministry of Foreign Affairs, the Ministry of National Defense, the Ministry of Culture, Sports and Tourism and the Ministry of Trade, Industry and Energy;

2. One person appointed by the president of the Incheon International Airport Corporation, from among executives and employees of the Incheon International Airport Corporation established under the Incheon International Airport Corporation Act;

3. One person appointed by the president of the Korea Airports Corporation, from among executives and employees of the Korea Airports Corporation established under the Korea Airports Corporation Act;

4. A person commissioned by the chairperson of the Executive Committee, from among those with extensive knowledge and experience in aviation.

(5) The term of office of a member under paragraph (4) 4 shall be two years.

(6) The Executive Committee shall have one secretary appointed by the Minister of Land, Infrastructure and Transport from among public officials of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

(7) Article 11-4 shall apply mutatis mutandis to the meetings of the Executive Committee.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 11-6(Allowances, etc.) #

Allowances and travel expenses may be paid, within budgetary limits, to the members, and interested parties or specialists pursuant to Articles 11-4 (4) and 11-5 (7), who appear at the meetings of the Aviation Policy Committee and the Executive Committee: Provided, That this shall not apply in cases where the members who are public officials appear at those meetings directly related to their official duties.

[This Article Newly Inserted by Presidential Decree No. 20778, May 6, 2008]

Article 11-7(Detailed Rules for Administration) #

Necessary matters, other than those stipulated by this Decree, for administration of the Committee on Aviation Policy and the Executive Committee shall be decided by the chairperson of the Committee on Aviation Policy, upon undergoing the resolution of the Committee on Aviation Policy.

[This Article Newly Inserted by Presidential Decree No. 20778, May 6, 2008]

Article 12(Scope of Aircraft not Required to be Registered) #

"Aircraft prescribed by Presidential Decree" under the proviso to Article 3 of the Act means the followings:

1. Aircraft used by armed forces or customs houses or for police services;

2. Aircraft introduced for the purpose of leasing to a foreign country, which is to obtain a foreign nationality;

3. Aircraft manufactured in Korea, whose owner other than the manufacturer is not decided;

4. Where an aircraft registered in a foreign country is leased and operated under Article 2-2 of the Act, the relevant aircraft.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 13(Inspection, etc. of Aircraft, etc.) #

(1) With respect to the certification or approval under Articles 15, 15-2, 16, 17, 17-2, 17-3, 18 through 20 and 20-2 of the Act or the certification under Article 138 of the Act, the Minister of Land, Infrastructure and Transport shall inspect in advance the aircraft, engine, propeller (hereinafter referred to as "aircraft, etc") and equipment concerned, or the organizations, facilities, human resources, etc. to produce or maintain the aircraft, etc. and equipment, as prescribed by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

(2) In order to conduct the inspection under paragraph (1), the Minister of Land, Infrastructure and Transport shall appoint or commission a person conducting the inspection of aircraft (hereinafter referred to as "inspector") from among the following persons: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

1. A person certified as an aircraft mechanic under subparagraph 9 of Article 26 of the Act;

2. A person certified as an aeronautical engineer or higher under the National Technical Qualifications Act;

3. A person who has a minimum of three-year experience in the design, manufacture, maintenance or quality assurance service of aircraft after obtaining a bachelor's degree or higher related to the aeronautical technology;

4. A person who has a minimum of five-year experience in the design, manufacture, maintenance or quality assurance service of the aircraft for use at a State agency, etc.

(3) If an inspector under paragraph (2), who is not a public official of the Ministry of Land, Infrastructure and Transport, conducts an inspection, the inspector may be paid allowances within budgetary limits. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 13-2(Violations Subject to Imposition of Penalty Surcharges and Amounts of Penalty Surcharges) #

The amount of a penalty surcharge imposed pursuant to Article 20-3 of the Act, depending on the type of a violation, is as shown in attached Table 1.

[This Article Newly Inserted by Presidential Decree No. 27243, Jun. 21, 2016]

Article 13-3(Imposition and Payment of Penalty Surcharges) #

(1) When intending to impose a penalty surcharge pursuant to Article 20-3 of the Act, the Minister of Land, Infrastructure and Transport shall give written notice of the payment thereof, specifying the type of the violation and the amount of the penalty surcharge.

(2) Any person in receipt of notice under paragraph (1) shall pay the penalty surcharge to the receiving agency designated by the Minister of Land, Infrastructure and Transport within 20 days from the date the notice is received: Provided, That when he/she is unable to pay the penalty surcharge by the said deadline due to any natural disaster or any other extenuating circumstance, he/she shall pay it within seven days from the date the said circumstance ceases to exist.

(3) The receiving agency that has received the payment of a penalty surcharge under paragraph (2) shall issue a receipt to the payer.

(4) Upon receipt of a penalty surcharge under paragraph (2), the receiving agency shall promptly notify the Minister of Land, Infrastructure and Transport of such fact.

[This Article Newly Inserted by Presidential Decree No. 27243, Jun. 21, 2016]

Article 13-4(Persons under Duty to Report Failures, Malfunctions, or Defects in Aircraft, etc.) #

“Any owner, etc. specified by Presidential Decree, including any air transportation business entity referred to in Article 49 (2) 3 and any aircraft-using business entity referred to in Article 74 (3)” in Article 22-2 (2) of the Act, means any of the following:

1. An air transportation business entity referred to in Article 49 (2) 3 of the Act;

2. An aircraft-using business entity referred to in Article 74 (3) of the Act;

3. A person who owns, or leases and has a right to use, an aircraft with the maximum takeoff weight exceeding 5,700 kilograms;

4. A person who owns, or leases and has a right to use, a rotorcraft with the maximum takeoff weight exceeding 3,175 kilograms.

[This Article Newly Inserted by Presidential Decree No. 25787, Nov. 28, 2014]

Article 14(Scope of Ultra Light Flying Equipment Not Required to Report) #

"Ultra light flying equipment prescribed by Presidential Decree" in the proviso to Article 23 (1) of the Act means what is not used for any aircraft leasing service, air leisure sport business, or business using ultra light flying equipment, falling under any of the following: <Amended by Presidential Decree No. 25455, Jul. 14, 2014>

1. Flying equipment not using power;

2. Captive balloons (excluding those people board) and moored unmanned flying equipment;

3. Parachutes;

4. Ultra light flying equipment used for military purposes;

5. Unmanned aircraft or unmanned rotor flying equipment that weighs 12 kilograms or less, in exclusion of the weight of fuel;

6. Unmanned airships that weigh 12 kilograms or less, excluding the weight of fuel, and the length of which does not exceed 7 meters;

7. Ultra light flying equipment manufactured by research institutes, etc. for testing, examination, research, or development;

8. Ultra light flying equipment manufactured by manufacturers, etc. for sale, which is neither sold nor used for flight.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 14-2(Scope of Exemption from Ultra Light Flying Equipment Flight Approval) #

“In and around an airfield or a flying field referred to in Article 75-2 (1) or in a limited space prescribed by Presidential Decree” in the proviso to Article 23 (2) of the Act means any of the following:

1. Within a three-kilometer radius of the center of an airfield (excluding any military airfield) and the altitude of 500 feet (limited to where prior consultation is made with the head of an agency that performs air traffic services under Article 70 of the Act (hereinafter referred to as “air traffic services agency”) and has jurisdiction over an aerial zone in which the airfield is located);

2. Within a three-kilometer radius of the center of a flying field and the altitude of 500 feet (limited to where prior consultation is made with the person who manages the flying field).

[This Article Newly Inserted by Presidential Decree No. 25455, Jul. 14, 2014]

Article 15(Composition of Airspace Committee) #

(1) The Airspace Committee (hereinafter referred to as the "Committee") established under Article 38-3 of the Act shall consist of not more than 15 members, including one chairperson and one vice chairperson.

(2) The chairperson of the Committee (hereafter referred to as "chairperson" in this Article through Article 15-3) shall be a public official in general service in the Senior Civil Service in charge of aviation affairs of the Ministry of Land, Infrastructure and Transport, and the vice chairperson shall be a person nominated by the chairperson from among the members referred to in paragraph (3) 1. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 24852, Nov. 20, 2013>

(3) The members shall be any of the following persons: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

1. One person, each of whom is nominated by the heads of relevant agencies from among state public officials with the ranks of Grade III at the Ministry of Foreign Affairs, the Ministry of National Defense, the Ministry of Trade, Industry and Energy and the Ministry of Land, Infrastructure and Transport, among public officials in general service who belong to the Senior Civil Service thereof (in cases of the Ministry of Foreign Affairs, public officials in foreign service under Article 3 (2) 2 and 3 of the Decree on the Appointment of Foreign Service Officials), or among military officers with ranks corresponding thereto;

2. One person nominated by the Commander of the U. S. Armed Forces in Korea from among military officers with the corresponding ranks referred to in subparagraph 1 of the military forces of the United States of America who are stationed in the Republic of Korea under Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America;

3. Persons commissioned by the Minister of Land, Infrastructure and Transport from among persons of profound learning and experience with respect to aviation.

(4) The chairperson shall represent the Committee and take overall control of the duties thereof.

(5) The vice chairperson shall assist the chairperson and act for the chairperson if the chairperson is unable to perform his/her duties for unavoidable causes.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 15-2(Functions of Committee) #

The Committee shall deliberate on any of the following matters:

1. Matters concerning the establishment, coordination and administration of the controlled airspace, non-controlled airspace, prohibited airspace and airspace requiring attention under Article 38 (2) of the Act;

2. Matters concerning the establishment and amendment of important procedures and regulations with respect to the flight of aircraft and aviation traffic control;

3. Matters concerning the installation, alteration or closure of airport facilities, air traffic control facilities and navigation safety facilities which may seriously affect the structure or management of airspace;

4. Other matters concerning ways for aircraft to safely and efficiently utilize airspace and aviation facilities.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 15-3(Meeting) #

(1) The chairperson shall convene the meetings of the Committee and preside over such meetings.

(2) The meeting of the Committee shall open with the attendance of a majority of the total members and resolve with the concurrent vote of a majority of those present.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 15-4(Secretary) #

(1) The Committee shall have a secretary assigned to handle administrative affairs.

(2) The secretary shall be appointed by the Minister of Land, Infrastructure and Transport from among public officials of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 15-5(Allowances, etc.) #

Allowances and travel expenses may be paid, within budgetary limits, to the members for attending any meeting of the Committee: Provided, That this shall not apply in cases where public officials attend any meeting of the Committee as members directly in relation to matters in which they are in charge.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 15-6(Detailed Rules for Administration) #

Necessary matters, other than those stipulated by this Decree, for administration of the Committee shall be determined by the chairperson, subject to resolution by the Committee.

[This Article Newly Inserted by Presidential Decree No. 16511, Aug. 6, 1999]

Article 15-7(Permission, etc. for Taking-off and Landing at Places, other than Taking-off and Landing Places) #

(1) “Where there is any unavoidable reason, such as emergency situations affecting safety” in Article 53 (1) 1 of the Act, means any of the following:

1. Where an aircraft is to rapidly take off or land due to any instrument failure, lack of fuel, or other emergency situation that arises during flight;

2. Where an aircraft is to take off or land at a place, other than an airfield, for transportation of emergency patients, or search and rescue personnel, etc., transportation of persons using a rotor aircraft, extinguishment of a fire, monitoring for fire prevention, aerial photography, crop-dusting, fuel supply, transportation of construction materials, etc.

(2) “Where there is any unavoidable reason, such as emergency situations affecting safety” in the proviso to Article 53 (2) of the Act, means any of the following:

1. Where a light aircraft is to rapidly take off or land due to any instrument failure, lack of fuel, or other emergency situation that arises during flight;

2. Where a light aircraft cannot use an airfield due to the operation, etc. of aircraft;

3. Where no permitted flying field exists within a 30-kilometer radius of the place where a light aircraft seeks to take off or land.

(3) Any person who intends to obtain permission under Article 53 (1) 1 of the Act or the proviso to paragraph (2) of the said Article shall submit to the Minister of Land, Infrastructure and Transport an application for permission prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 26564, Sep. 25, 2015>

(4) Upon receipt of an application for permission under paragraph (3), the Minister of Land, Infrastructure and Transport shall grant permission, specifying a period not exceeding six months, if it is deemed that there are no safety concerns after examining the details of the application. <Amended by Presidential Decree No. 26564, Sep. 25, 2015>

(5) Notwithstanding paragraph (3), with regard to landing under paragraph (1) 1 or (2) 1, an application for permission may be filed with the Minister of Land, Infrastructure and Transport using wireless communications, etc. In such cases, the Minister of Land, Infrastructure and Transport shall grant permission, except in extenuating circumstances.

[This Article Newly Inserted by Presidential Decree No. 25455, Jul. 14, 2014]

Article 15-8(Details, etc. of Support Plans for Search and Rescue of Aircraft) #

(1) Support plans for search and rescue of aircraft under Article 72 of the Act shall include the following matters: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

1. Composition and operation of the systems of search and rescue of aircraft;

2. Roles of the Minister of National Defense, the Minister of Land, Infrastructure and Transport, and the Commander of the United States Armed Forces in Korea in their competent airspace;

3. Other matters necessary for search of aircraft and lifesaving.

(2) Detailed matters necessary for formulating and implementing support plans for the search and rescue of aircraft under paragraph (1) shall be determined by the Minister of Land, Infrastructure and Transport in consultation with the heads of related administrative agencies. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 16(Standards for Constructing Airfields) #

(1) Any airfield constructed with permission from the Minister of Land, Infrastructure and Transport under Article 75 (2) of the Act shall be as described in the subparagraphs of Article 9-3. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

(2) The standards for constructing airfields under Article 75 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 23989, Jul. 24, 2012; Presidential Decree No. 24443, Mar. 23, 2013>

1. No obstacle shall impede the take-off and landing of aircraft in the periphery of an airfield: Provided, That this shall not apply where it is deemed possible to remove the obstacle without failure by the scheduled date of completion of construction works for the airfield;

2. The holding pattern airspace area of an airfield (referring to specified airspace in the sky over the airfield which is deemed necessary for the holding of aircraft seeking to land on the airfield; hereinafter the same shall apply) shall not overlap that of any adjacent airfield;

3. The length and width of the runway, landing zone, and taxiway of an airfield and the gradient of each surface thereof, airfield beacons, etc. shall conform to the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

(3) The standards for constructing any land airfield referred to in subparagraph 1 of Article 9-3 shall be governed by the standards set by Ordinance of the Ministry of Land, Infrastructure and Transport according to the combination of the classification numbers set taking into account the minimum take-off distance of aircraft that uses the runway of the relevant land airfield as shown in attached Table 1-2 and the classification letters set taking into account the width of the main wings and the outside width of the main landing gears of the aircraft that use the runway of the relevant land airfield. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27243, Jun. 21, 2016>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 17(Examination on Construction of Airfield, etc.) #

When an application for permission on installation of an airfield or navigation safety facilities is filed under Article 75 (2) of the Act, the Minister of Land, Infrastructure and Transport shall examine as to whether the application conforms to the following standards: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

1. The construction plan of the location, structure, etc. of the airfield or navigation safety facilities shall conform to the standards for installation as prescribed in Article 16 or 18;

2. The management plan of the airfield or navigation safety facilities shall conform to the facilities management standards as prescribed in Article 80 (1) of the Act;

3. The builder of the airfield or navigation safety facilities shall have management ability of them;

4. The construction of the airfield or navigation safety facilities shall not substantially infringe on any interest of other persons;

5. In regards to the airfield, the applicant shall have the ownership of the site or other right to use it, or he/she shall be deemed to acquire such right without failure by the time when the work is scheduled to complete.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 18(Standards for Installation of Navigation Safety Facilities) #

The standards for installation of navigation safety facilities under Article 75 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

1. The aeronautical lighting aids (referring to lighting equipment to aid the navigation of aircraft; hereinafter the same shall apply) shall be installed in conformity with the following standards:

(a) The aeronautical lighting aids shall be installed so as not to dazzle pilots and air traffic controllers, and exposed light equipment shall be installed as a light structure so as not to inflict any damage on aircraft, but so as to make the light equipment itself break, when the aircraft come in contact with any exposed light equipment (referring to runway edge lights, stopway lights, taxiway edge lights, etc.; hereafter the same shall apply in this item), and buried light equipment shall be manufactured and installed so as not to inflict any damage on aircraft and light equipment due to any contact with the wheels of the aircraft;

(b) The luminous intensity ratio of the aeronautical lighting aids against the runway edge lights shall meet the criteria under attached Table 2;

(c) Other luminous intensity, color tone, etc. of the aeronautical lighting aids shall meet the criteria prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

2. The navigation safety radio facilities (referring to the equipment to aid the navigation of aircraft by radio waves; hereinafter the same shall apply) shall be installed in conformity with the following standards:

(a) In cases of new installation, they shall have no effect on other navigation safety facilities already installed as far as they could;

(b) They shall be installed at locations to emit radio waves effectively;

(c) The monitoring devices, standby power system, etc. shall be provided;

(d) Where principal and reserve equipments are installed, the principal equipment shall be replaced automatically with reserve equipment, if the former is abnormal, and the conditions of such equipment shall be displayed;

(e) The personnel, test and measuring devices, spare parts, etc. required for maintenance, repair, etc. shall be provided;

(f) Other standards for installation, technical levels, etc. of navigation safety radio facilities shall meet the criteria prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

Article 18-2(Application for Permission to Establish Flying Fields) #

(1) Where a person, other than the Minister of Land, Infrastructure and Transport, intends to establish a flying field under Article 75-2 (1) of the Act, he/she shall submit to the Minister of Land, Infrastructure and Transport an application for permission to establish the flying field, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, along with the following documents. In such cases, the Minister of Land, Infrastructure and Transport shall verify the certificate of corporate registration (limited to where the applicant is a legal entity) by using shared administrative information under Article 36 (1) of the Electronic Government Act:

1. A plan for establishing the flying field;

2. A document evidencing his/her right to ownership or use of the site on which the flying field is to be established (in the absence of the right to ownership or use, referring to a plan for acquiring that right by not later than the date the flying field development works are scheduled to commence);

3. The protocols of land and things that specify the name and address of the owner;

4. Design documents (including design drawings, design specifications, design estimates, and bill of quantities).

(2) A plan for establishing a flying field under paragraph (1) 1 shall include the following:

1. The summary and purposes of installation of the flying field facilities;

2. The period and method of establishment of the flying field;

3. The financing plan for establishing the flying field;

4. The category of the light aircraft or ultra light flying equipment that will use the flying field;

5. The flying field management plan;

6. The visible flight procedures applicable to the flying field;

7. The required aerospace drawings and the current status of neighboring aerospace;

8. Drawings showing correlation with flight procedures at a neighboring airport or airfield (including a military airfield);

9. The details of air traffic services provided for the light aircraft or ultra light flying equipment;

10. The wind direction and velocity diagram (for the wind velocity in the predetermined site or water surface for the flying field or in the vicinity thereof, limited to that prepared based on data accumulated for at least the last one year).

Article 18-3(Criteria for Establishment of Flying Fields) #

The criteria for establishment of flying fields under Article 75-2 (1) of the Act shall be as follows:

1. There shall be no obstacle around a flying field that impedes the takeoff or landing of light aircraft or ultra light flying equipment: Provided, That this shall exclude where deemed that such obstacle may be removed by not later than the scheduled date of completing the flying field construction works;

2. The length and width of a flying field runway, the length and width of a runway safety area and a runway protection zone, etc. shall meet the criteria for establishment of flying fields determined and published by the Minister of Land, Infrastructure and Transport.

[This Article Newly Inserted by Presidential Decree No. 25455, Jul. 14, 2014]

Article 18-4(Criteria for Management of Flying Fields) #

(1) The criteria for management of flying fields under Article 75-2 (2) of the Act shall be as follows:

1. A flying field shall be maintained in conformity with the criteria for establishment of flying fields under Article 18-3;

2. Inspections, cleaning, etc. shall be done to keep flying field facilities working as intended;

3. Appropriate measures, such as beacon installation, shall be taken at the time of improvement or other works in a manner that does not impede the takeoff or landing of light aircraft or ultra light flying equipment;

4. A flying field shall be protected against unauthorized access of people, vehicles, etc.;

5. If takeoff or landing of light aircraft or ultra light flying equipment is likely to be impeded due to worsening weather conditions, a natural disaster, or any other cause, necessary preventive measures, such as temporary suspension of use of the flying field, shall promptly be taken;

6. A flying field shall be equipped with a system or emergency communications network that at any time enables communication with the relevant administrative agencies and other institutions that have promised to provide assistance in case of emergency;

7. A flying field shall be managed in conformity with the criteria for management of flying fields determined and published by the Minister of Land, Infrastructure and Transport.

(2) A person who manages a flying field shall determine and administer a flying field management manual specifying the following:

1. The hours of operation for the flying field;

2. Details of special restrictions, if any, on the takeoff and landing directions, flight zones, etc.;

3. Places where light aircraft or ultra light flying equipment is supplied with fuel, materials, etc. or is maintained, inspected, or moored (when seeking to designate the methods of supply, maintenance, inspection, etc., including those methods);

4. The ways of restrictions on access to the flying field, if any;

5. Acts restricted in the flying field, if any;

6. Matters relating to compliance with takeoff and landing procedures to ensure the safe takeoff and landing of light aircraft and ultra light flying equipment.

Article 19(Inspection of Management of Airfields and Navigation Safety Facilities) #

(1) The Minister of Land, Infrastructure and Transport shall conduct annual inspection of airfields or navigation safety facilities pursuant to Article 80 (2) of the Act, but if it is deemed necessary, he/she may conduct an inspection at any time: Provided, That if those facilities are not in use, no inspection is required. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

(2) Where the Minister of Land, Infrastructure and Transport conducts an inspection under paragraph (1) on the airport that has obtained an airport operating certificate under Article 111-2 (1) of the Act, he/she may omit conducting an inspection on the airfield or on the facilities of aeronautical lighting aids among the navigation safety facilities. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

(3) Necessary matters concerning the procedures for and the methods, items, etc. of the inspection referred to in paragraph (1) shall be prescribed and published by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 20(Request for Purchase of Obstacle, etc.) #

Any person who intends to demand the purchase of any obstacle or land on which the obstacle is installed under Article 82 (4) of the Act shall do so by submitting an application specifying the following matters to the airfield facilities installer referred to in Article 77 (1) of the Act (hereinafter referred to as "airfield facilities installer") along with documents certifying that he/she has ownership of the obstacle or land and the drawings indicating the obstacle or land:

1. The names and addresses of the owner and other interested persons;

2. The location, kind, area and quantity of the obstacle or land;

3. Particulars of compensation for loss.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 21(Compensation, etc. for Loss Resulting from Removal of Obstacle) #

Where an airfield facilities installer or a person holding ownership or other rights to an obstacle files an application with the Minister of Land, Infrastructure and Transport for a decision on the amount of compensation for the loss resulting from the removal of an obstacle pursuant to the latter part of Article 82 (6) of the Act, he/she shall submit an application specifying the following matters, along with documents certifying that he/she has ownership or other rights to such obstacle, and an explanatory statement on consultation, implementation plan of the airfield facilities installer and drawings indicating the obstacle, etc.: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

1. The names and addresses of the owner and other interested persons;

2. The locations, kind, area and quantity of the obstacle and other related articles;

3. The method and timing of alteration, movement and removal of the obstacle;

4. Particulars of compensation for loss.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 21-2(Functions of Committee on Aeronautical Studies) #

A Committee on Aeronautical Studies established under Article 82-2 (1) of the Act (hereinafter referred to as the “Study Committee”) shall deliberate and resolve on the following matters:

1. A report on the results of aeronautical studies under Article 82 (8) of the Act;

2. Other matters deemed necessary by the chairperson of the Study Committee for aeronautical studies.

[This Article Newly Inserted by Presidential Decree No. 27243, Jun. 21, 2016]

Article 21-3(Organization of Study Committee) #

(1) Members of the Study Committee (hereinafter referred to as “members”) shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport from among the following persons:

1. Public officials of at least Grade V who take charge of air services in the Ministry of Land, Infrastructure and Transport;

2. Persons with extensive knowledge and experience in services related to aviation including the development and operation of airports.

(2) The chairperson of the Study Committee shall be appointed by the Minister of Land, Infrastructure and Transport from among the members.

(3) The terms of office of members specified in paragraph (1) 2 shall be two years, respectively.

[This Article Newly Inserted by Presidential Decree No. 27243, Jun. 21, 2016]

Article 21-4(Exclusion, Challenge, and Abstention of Members) #

(1) If a member falls under any of the following cases, he/she shall be excluded from the process of deliberation and resolution at the Study Committee:

1. Where the member or his/her spouse or ex-spouse is a party to the relevant agenda item or a joint rightful person or obligor to a party in the relevant agenda item;

2. Where the member is or was in a familial relation with a party to the relevant agenda item;

3. Where the member has offered testimony, statements, advice, researches, services (including services as subcontractor), appraisal, or examinations for the relevant agenda item;

4. Where the member or a legal entity, organization, etc. whereto he/she belongs is or was an agent of a party to the relevant agenda item;

5. Where an enterprise, etc. that the member serves, or served in the last three years, as an executive or employee, has offered testimony, statements, advice, researches, services (including services as subcontractor), appraisal, or examinations for the relevant agenda item.

(2) If a member is unlikely to give fair deliberation and resolution, a party to the relevant agenda item may file an application for challenge against the member, with the Study Committee, and the Study Committee shall determine to grant the challenge by resolution. In such cases, the member subject to the challenge may not participate in such resolution.

(3) If a member is subject to any of the grounds for exclusion specified under paragraph (1), he/she shall voluntarily abstain from involvement in deliberation and resolution on the relevant agenda item.

[This Article Newly Inserted by Presidential Decree No. 27243, Jun. 21, 2016]

Article 21-5(Removal of Members) #

If a member specified in Article 21-3 (1) 2 falls under any of the following cases, the Minister of Land, Infrastructure and Transport may remove the relevant member from office:

1. Where he/she becomes unable to perform his/her duties due to mental or physical incapacity;

2. Where he/she engages in any misconduct in connection with his/her duties;

3. Where he/she is deemed unsuitable as a member due to neglect of a duty, loss of dignity, and any other reason;

4. Where he/she voluntarily admits that it is difficult for him/her to perform his/her duties;

5. Where he/she fails to abstain from involvement in the relevant agenda item though he/she is subject to any subparagraph of Article 21-4 (1).

[This Article Newly Inserted by Presidential Decree No. 27243, Jun. 21, 2016]

Article 21-6(Chairperson’s Duties) #

(1) The chairperson of the Study Committee shall represent the Study Committee and exercise overall control over the affairs of the Study Committee.

(2) If the chairperson of the Study Committee is unable to perform any of his/her duties in extenuating circumstances, a member pre-designated by the chairperson shall act on his/her behalf.

[This Article Newly Inserted by Presidential Decree No. 27243, Jun. 21, 2016]

Article 21-7(Operation of Study Committee) #

(1) The chairperson of the Study Committee shall convene and preside over meetings of the Study Committee.

(2) Two-thirds of all incumbent members of the Study Committee shall constitute a quorum at all its meetings; and resolutions shall be passed with the concurrent vote of at least a majority of members present.

(3) Where the chairperson of the Study Committee intends to call a meeting thereof, he/she shall notify each member of a detailed meeting schedule, including the date, time, venue, and agenda for the meeting, by no later than seven days before the meeting: Provided, That this shall not apply in cases of emergency.

(4) One executive secretary shall be assigned to the Study Committee to deal with the clerical work thereof. In such cases, the executive secretary shall be a sectional chief who takes charge of affairs relating to aeronautical studies among public officials of the Ministry of Land, Infrastructure and Transport.

(5) Except as otherwise expressly provided for in this Decree, matters necessary for the operation of the Study Committee, shall be determined by the chairperson following a resolution by the Committee.

[This Article Newly Inserted by Presidential Decree No. 27243, Jun. 21, 2016]

Article 22(Installation of Aviation Obstacle Beacon Lights and Daytime Aviation Obstacle Beacons) #

(1) Structures on which aviation obstacle beacon lights and daytime aviation obstacle beacons are to be installed under Article 83 (2) of the Act shall be structures in the vicinity of the obstacle limitation surface among those located in an area projected vertically downwards to the ground surface from the obstacle limitation surface, which might be prejudicial to safety in the aviation of aircraft. <Amended by Presidential Decree No. 25455, Jul. 14, 2014; Presidential Decree No. 26564, Sep. 25, 2015>

(2) The Minister of Land, Infrastructure and Transport shall entrust the Korea Transportation Safety Authority established under the Korea Transportation Safety Authority Act (hereinafter referred to as the “Korea Transportation Safety Authority”) with duties relating to conducting inspections of the management status of aviation obstacle beacon lights and daytime aviation obstacle beacons or issuing corrective orders under Article 83 (6) of the Act, pursuant to Article 83 (7) of the Act. <Newly Inserted by Presidential Decree No. 26564, Sep. 25, 2015>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 23(Public Access to Draft of Mid and Long-Term Master Plan for Airport Development, etc.) #

A Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") who receives a draft proposal of mid and long-term master plan for airport development or of basic plan for airport development from the Minister of Land, Infrastructure and Transport under Article 89 (3) of the Act shall offer it for public access for not less than one month. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 24(Alteration to Basic Plan for Airport Development) #

"Important matters prescribed by Presidential Decree, including the length of a runway, etc" under Article 90 (2) of the Act means any of the followings: <Amended by Presidential Decree No. 23989, Jul. 24, 2012>

1. Area planned to be developed as an airport;

2. Length and width of a runway.

[This Article Newly Inserted by Presidential Decree No. 21719, Sep. 9, 2009]

Article 24-2(Alteration to Minor Matters) #

"Where he/she alters minor matter prescribed by Presidential Decree" under the proviso to Article 90 (3) of the Act means any of the following:

1. Where he/she alters the basic plan for airport development (hereinafter referred to as "basic plan") under Article 89 (2) of the Act carried out within the limits of less than 10/100 of the scale and area of an airport development project;

2. Where he/she shortens or extends the period of project set within the limits of two years.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 25(Development and Publication of Master Plan, etc.) #

(1) The Minister of Land, Infrastructure and Transport shall, upon development of a mid and long-term master plan for airport development (hereinafter referred to as "master plan") or of a basic plan under Article 89 (1) of the Act pursuant to Article 91 of the Act, publish the relevant matters in the Official Gazette according to each of the following classifications. In the event that the developed master plan or basic plan is amended, the amended matters shall also be published: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

1. For the master plan: Matters under each of Article 89 (1) of the Act;

2. For the basic plan: Matters under each of Article 89 (2) of the Act.

(2) A basic plan published in accordance with paragraph (1) shall cease to have effect if an implementation plan for the airport development project under Article 95 (1) of the Act (hereinafter referred to as "implementation plan") is not drawn up and published within the period described in Article 29 (1).

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 26(Restriction on Acts, etc.) #

(1) “Construction of buildings, installation of artificial structures, change in the shape and quality of land, gathering of soil and stones, partition of land, piling-up of goods, and other acts prescribed by Presidential Decree” in the former part of Article 92 (1) of the Act means the followings:

1. Construction of buildings: Construction, substantial repair, or changes in the use of any buildings (including any temporary buildings) defined in Article 2 (1) 2 of the Building Act;

2. Installation of artificial structures: Installations of facilities (excluding any buildings defined in Article 2 (1) 2 of the Building Act) manufactured by human work;

3. Change in the shape and quality of land: Change in the shape of land in manner such as cutting, laying earth on, leveling, or paving the ground, excavation of land, or reclamation of public waters;

4. Gathering of soil and stones: Gathering of soil and stones such as earth, sand, gravel, and rocks: Provided, That when such gathering is intended to change the shape and quality of land, it shall be governed by subparagraph 3;

5. Partition of land;

6. Piling-up of goods: Piling-up of goods not easily movable for at least one month;

7. Catching, gathering or cultivation of marine animals or plants: Cultivation, fishery activities by piscary holders, or leisure fishing defined in each of subparagraphs 7, 10, and 19 of Article 2 of the Fisheries Act;

8. Cutting or planting of bamboo.

(2) Where the Minister of Land, Infrastructure and Transport, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu intends to grant permission to any of the activities in the subparagraphs of paragraph (1) pursuant to Article 92 (1) of the Act, he/she shall in advance seek opinion from the operator of an airport development project, if any, under Article 94 of the Act. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

(3) “Change in the shape and quality of land for farming and other acts prescribed by Presidential Decree” in Article 92 (2) 2 of the Act means the followings:

1. Change in the shape and quality of land for farming;

2. Gathering of soil and stones to the extent that does not impede the airport development project nor harm the natural scenery;

Article 27(Permission on Implementation of Airport Development Projects) #

(1) Any person who intends to implement an airport development project pursuant to Article 94 (2) of the Act shall submit to the Minister of Land, Infrastructure and Transport an application for permission specifying the following matters: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

1. The name and address of the project operator (in cases of a legal entity, the title and address of the legal entity and the name and address of the representative);

2. The name of the airport and category of the project;

3. Objectives and details of the project;

4. Period and method of implementation of the project;

5. Deleted. <by Presidential Decree No. 23913, Jun. 29, 2012>

(2) An application for permission under paragraph (1) shall be accompanied by the following documents and drawings:

1. An implementation plan for the project, the location and boundaries of the area in which the project is to be carried out, and a facility plot plan;

2. The details of estimated working expenses in each business category of the project (including construction work expenses);

3. A funding plan for the project;

4. A topographical map and a cadastral plan or other similar plan, drawn on a scale of not less than 1 to 5,000, including the adjacent land.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 28(Application for Implementation Plan) #

Any operator of an airport development project under Article 94 of the Act (hereinafter referred to as "project operator"), other than the Minister of Land, Infrastructure and Transport, shall develop an implementation plan according to the basic plan publicly announced pursuant to Article 91 of the Act, and file an application for approval thereof with the Minister of Land, Infrastructure and Transport, within one year after the operator obtains permission to operate the project pursuant to the main sentence of Article 94 (2) of the Act: Provided, That where it is deemed inevitable, the Minister of Land, Infrastructure and Transport may extend the period of application by up to three months. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 29(Publication of Implementation Plan) #

(1) An implementation plan shall be formulated and published within three years from the date the basic plan is publicly announced pursuant to Article 91 of the Act (where the relevant basic plan is formulated for a phased implementation, the date on which the phased implementation concerned commences).

(2) Matters to be published by the Minister of Land, Infrastructure and Transport pursuant to Article 95 (5) of the Act shall be as follows: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

1. Matters referred to in Article 27 (1) 1 through 4;

2. Details of the land and obstacles to be expropriated and used, and the particulars of the ownership and other rights thereto.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 30(Consultation on Implementation Plan) #

The head of the competent administrative agency who receives a request for consultation under Article 96 (3) of the Act shall present his/her opinion within 20 days upon receipt of consultation, and if he/she fails to present his/her opinion within this period, he/she shall be deemed agreed with the implementation plan. <Amended by Presidential Decree No. 23913, Jun. 29, 2012>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 30-2(Criteria for Determining Land Subject to Purchase) #

Criteria for determining land subject to purchase under Article 99-2 (1) of the Act (hereinafter referred to as “land subject to purchase”) are as provided for in each of the following subparagraphs. In such cases, the criteria shall not apply where a purchase requester under Article 99-3 (1) of the Act (hereinafter referred to as “purchase requester”) has caused the reduction of utility of land subject to purchase or the impossibility of use thereof or profit-making therefrom:

1. Land which becomes unusable for its original purpose, resulting in a substantial reduction of its utility: An officially assessed individual land price (referring to the officially assessed individual land price under Article 11 of the Act on the Public Announcement of Values and Appraisal of Real Estate; hereinafter the same shall apply) for the land as of the purchase request date shall be less than 50/100 of an average of officially assessed individual land prices (excluding an officially assessed individual land price for the land subject to purchase) for land of the same category in a planned airport development area that is designated within an Eup/Myeon/Dong where the land is located because the land subject to purchase cannot be used as classified before the designation of the planned airport development area (if the purchase requester proves through official records that he/she has lawfully used the land for a different purpose from that registered on the cadastral record before the designation of the planned airport development area, as actually used before the designation of the planned airport development area) at the time of the purchase request;

2. Land, the use of and profit-making from which are actually impossible: The use of and profit-making from the land shall be impossible due to the restrictions of conducts under Article 92 (1) of the Act.

[This Article Newly Inserted by Presidential Decree No. 27243, Jun. 21, 2016]

Article 30-3(Purchase Procedures) #

(1) Any person who intends to make a land purchase request under Article 99-2 (1) of the Act shall submit to the project operator a written request for land purchase prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, together with the following documents:

1. A certified copy of land cadastre;

2. A certificate of land registration;

3. A certificate of the land utilization plan;

4. A statement specifying reasons for the land purchase request.

(2) The project operator in receipt of the purchase request under paragraph (1) shall determine whether the land subject to purchase meets the criteria under Article 30-2 before giving notice to the purchase requester of whether it is land subject to purchase, an estimated purchase price, etc. under Article 99-3 (1) of the Act.

(3) The estimated purchase price under paragraph (2) shall be an officially assessed individual land price for the land as at the time of the purchase request.

(4) Where a project operator has given notice of an estimated purchase price under Article 99-3 (1) of the Act, he/she shall request at least two appraisal business operators (referring to appraisal business operators defined in subparagraph 9 of Article 2 of the Act on the Public Announcement of Values and Appraisal of Real Estate; hereinafter the same shall apply) to appraise the land subject to purchase and then determine the purchase price (hereinafter referred to as “purchase price”) according to the calculation methods under Article 30-5 on the basis of the values appraised by those appraisal business operators.

(5) Where a project operator intends to make a request for appraisal under paragraph (4), he/she shall notify the purchase requester thereof by no later than one month before making such request.

(6) Where a project operator has determined a purchase price under paragraph (4), he/she shall promptly notify the purchase requester thereof.

[This Article Newly Inserted by Presidential Decree No. 27243, Jun. 21, 2016]

Article 30-4(Purchase Period) #

“Period determined by Presidential Decree” in Article 99-3 (2) of the Act, means three years beginning with the date of giving notice of whether the relevant land is subject to purchase under Article 99-3 (1) of the Act.

[This Article Newly Inserted by Presidential Decree No. 27243, Jun. 21, 2016]

Article 30-5(Methods for Calculating Purchase Prices) #

(1) “Fluctuation rate of land prices and the increase rate of producer prices determined by Presidential Decree” in Article 99-3 (3) of the Act, means the fluctuation rate of land prices investigated by the Minister of Land, Infrastructure and Transport under Article 125 (1) of the Enforcement Decree of the National Land Planning and Utilization Act and the increase rate of producer prices calculated on the basis of the producer price index researched and compiled by the Bank of Korea under Article 86 of the Bank of Korea Act.

(2) The purchase price of land subject to purchase shall be an arithmetical average of the values appraised by at least two appraisal business operators on the basis of the officially assessed price of reference land defined in subparagraph 5 of Article 2 of the Act on the Public Announcement of Values and Appraisal of Real Estate.

[This Article Newly Inserted by Presidential Decree No. 27243, Jun. 21, 2016]

Article 30-6(Notice of Payment of Appraisal Expenses) #

(1) Pursuant to the main sentence of Article 99-4 (2) of the Act, if a purchase requester gives notice of withdrawal of his/her purchase request without justifiable grounds after making a request for appraisal under Article 30-3 (4), the project operator may require the purchase requester to pay all of the expenses incurred in appraising the relevant land.

(2) The project operator in receipt of notice of withdrawal of the purchase request under paragraph (1) shall, within ten days of receipt of the notice, send the purchase requester the notice of payment of appraisal expenses prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, along with an itemized statement of the appraisal expenses.

(3) The purchase requester in receipt of the notice of payment under paragraph (2) shall pay the appraisal expenses stated in the notice to the project operator by the payment deadline.

(4) “Ratio prescribed by Presidential Decree” in the proviso to Article 99-4 (2) of the Act means 30/100.

[This Article Newly Inserted by Presidential Decree No. 27243, Jun. 21, 2016]

Article 31(Entrustment with Land Purchase Affairs, etc.) #

If a project operator intends to entrust the head of the competent local government with affairs concerning the purchase of land and compensation for loss, projects for relocation, etc. pursuant to Article 100 (1) of the Act, the project operator shall make a request in writing specifying the details of the affairs to be entrusted and the conditions of entrustment, and the head of the competent local government shall, upon receipt of such request, comply with it unless any special ground to the contrary exists.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 32(Scope of Incidental Work) #

"Incidental work" under Article 101 (2) of the Act means the construction work of facilities necessary for the execution and control of the airport development project work and other work incidental to the airport development project.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 33(Vicarious Execution of Airport Development Projects) #

(1) The airport development projects that the Minister of Land, Infrastructure and Transport is allowed to vicariously execute under Article 102 of the Act shall be limited to those under which the land and airport facilities related to the airport development projects are reverted to the State under Article 94 (4) of the Act. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

(2) If the Minister of Land, Infrastructure and Transport intends to vicariously execute an airport development project pursuant to paragraph (1), he/she shall agree with the project operator concerned on the following matters: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

1. Category, scale and value amount of the project;

2. Implementation period of the project;

3. Matters concerning the payment method and liquidation of investment expenses.

(3) Where the Minister of Land, Infrastructure and Transport undertakes or completes the project under paragraph (2), he/she shall notify it to the project operator concerned. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 34(Permission on Investment in Airport Development Projects) #

(1) Any person who intends to invest in an airport development project executed by the Minister of Land, Infrastructure and Transport under Article 105 (1) of the Act shall submit to the Minister of Land, Infrastructure and Transport an application specifying the following matters together with the project implementation plan and design drawings: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

1. The title of the project;

2. The address, name and trade name of the investor;

3. A plan of investment.

(2) If the Minister of Land, Infrastructure and Transport intends to grant permission under Article 105 (1) of the Act, he/she shall consult in advance with the head of the administrative agency concerned. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 35(Execution of Investment Projects) #

(1) A person who has obtained permission for investment under Article 105 (1) of the Act (hereinafter referred to as "investor"), or a constructor executing the construction work of the investment project, shall submit to the Minister of Land, Infrastructure and Transport a report on the commencement of the construction work, together with a predetermined progress schedule, by no later than seven days before the work commences. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

(2) The investor and the constructor under paragraph (1) shall be supervised by the Minister of Land, Infrastructure and Transport in executing the construction work of the investment project. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

(3) An investor shall, upon completion of the construction work of the investment project under paragraph (1), undergo a completion inspection by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 36(Airport Facilities not Reverted to State) #

"Those prescribed by Presidential Decree" under Article 94 (4) of the Act and the latter part of Article 105 (1) of the Act means any of the following facilities, which are recognized by the Minister of Land, Infrastructure and Transport: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

1. Airport facilities described in subparagraph 2 or 5 of Article 10, which are located in the airport zone under subparagraph 9 of Article 2 of the Act;

2. City air terminals and other airport facilities outside the airport zone.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 37(Permission, etc. on Gratuitous Use and Benefit) #

(1) Any investor or project operator (hereinafter referred to as "investor, etc") who intends to obtain permission to gratuitously use and benefit from airport facilities under Article 105 (3) of the Act shall submit to the Minister of Land, Infrastructure and Transport an application specifying the airport facilities which they intend to use and benefit from, and the purpose and period of such use and benefit. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

(2) The scope of airport facilities which the Minister of Land, Infrastructure and Transport may allow investors, etc. to gratuitously use and benefit from shall be limited to those deemed not to impede the management and operation of the airport facilities even if the investors, etc. use and benefit from such facilities without compensation. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 38(Calculation of Total Project Cost and Period of Gratuitous Use and Benefit) #

(1) The total project cost under Article 105 (3) of the Act shall be the sum of the following expenses involved in an airport development project on the basis of the date the completion inspection of the airport development project is conducted: Provided, That in cases of airport facilities reverted to the State under Article 94 (4) of the Act, the amount appraised by an appraisal business operator defined in subparagraph 9 of Article 2 of the Act on the Public Announcement of Values and Appraisal of Real Estate on the basis of the date the inspection of completion is conducted shall be deemed the total project cost: <Amended by Presidential Decree No. 22493, Nov. 15, 2010; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25455, Jul. 14, 2014>

1. Survey expense means the survey expenses and other research expenses for executing the airport development project, which are not included in the net construction cost;

2. Design expense means the expenses needed for the design to execute the airport development project;

3. Construction cost means the sum of material costs, labor costs, and other expenses all required to undertake the airport development project, and such cost and expenses shall be based on standards for determining estimated prices, standard labor cost and unit prices (referring to Government-published prices if such prices exist) under Article 9 of the Enforcement Decree of the Act on Contracts to Which the State is a Party;

4. Compensation expense means the expenses for purchasing land (including those for purchasing buildings, standing trees, etc.), those for taking measures for relocation, and those for compensation for rights, such as business rights, fishing rights, and mining rights, which are disbursed for executing the airport development project;

5. Incidental expense means general management expenses calculated by the rate of general management expenses based on standards for determining estimated prices under Article 9 of the Enforcement Decree of the Act on Contracts to which the State is a Party, expenses incurred in assessment of environmental impact, expenses required for the inspection of construction works and all other expenses needed for the fulfillment of conditions imposed when the airport development project is permitted, charges for farmland conservation under Article 40 of the Farmland Act, etc.;

6. Construction interest means any construction interest on the project costs referred to in subparagraphs 1 through 5 (the interest rate shall be the interest rate on loans which is applied by banks under the Banking Act and which is designated by the Minister of Land, Infrastructure and Transport).

Article 39(Change of Gratuitous Use and Benefit) #

If it is inevitable for operating an airport, the Minister of Land, Infrastructure and Transport may revoke permission to gratuitously use and benefit from the airport facilities used and benefited by an investor, etc. without compensation under Article 105 (3) of the Act. In such cases, if the total rent of airport facilities in cases where the investor, etc. uses and benefits from the airport facilities reverted to the State with compensation is short of the total project cost, the Minister of Land, Infrastructure and Transport may allow the investor, etc. to use and benefit from other airport facilities without compensation until the total rent reaches the total project cost. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 39-2(Notification to Violators of Restraint Order, etc.) #

With respect to any person who has violated a restraint order or an evacuation order under Article 106-2 (2) of the Act, the person who has been granted the right to manage the airport facilities pursuant to Article 105-2 (2) of the Act (hereinafter referred to as "airport facilities manager") may report the details, etc. of such violation to a person entitled to impose an administrative fine under subparagraph 10 of Article 182 of the Act, as stipulated by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 39-3(Activities Prohibited in Airport Facilities) #

"Activities prescribed by Presidential Decree" under Article 106-2 (1) 4 of the Act means each of the following:

1. Sleeping in airport facilities;

2. Causing disturbances, such as talking abusively or singing noisily, in airport facilities;

3. Posting or distributing bills (including placards and other standing advertising signs) in airport facilities without permission;

4. Collecting donations or selling, distributing or recommending goods in airport facilities without permission.

[This Article Newly Inserted by Presidential Decree No. 22214, Jun. 22, 2010]

Article 40 #

Deleted. <by Presidential Decree No. 22387, Sep. 17, 2010>

Article 41 #

Deleted. <by Presidential Decree No. 22387, Sep. 17, 2010>

Article 42 #

Deleted. <by Presidential Decree No. 22387, Sep. 17, 2010>

Article 43 #

Deleted. <by Presidential Decree No. 22387, Sep. 17, 2010>

Article 44 #

Deleted. <by Presidential Decree No. 22387, Sep. 17, 2010>

Article 44-2(Airports, etc. Required to Obtain Airport Operating Certificates) #

(1) "Airport prescribed by Presidential Decree, such as an airport with international air routes" in Article 111-2 (1) of the Act means the Incheon, Gimpo, Gimhae, Jeju, Cheongju, Muan, Yangyang, Daegu or Gwangju Airports or any other airport designated and published by the Minister of Land, Infrastructure and Transport as deemed necessary. <Amended by Presidential Decree No. 22214, Jun. 22, 2010; Presidential Decree No. 24443, Mar. 23, 2013>

(2) Where a person seeking to operate an airport intends to obtain an airport operating certificate under Article 111-2 (1) of the Act (hereinafter referred to as "airport operating certificate") for an airport which uses an airfield under the Protection of Military Bases and Installations Act among airports under paragraph (1), the person shall not cause any impact on the military operations, and shall furnish the personnel, equipment, expenses, etc. necessary for the airport operating certificate and the maintenance of the safe airport operation system under Article 111-4 (1) of the Act. <Amended by Presidential Decree No. 22214, Jun. 22, 2010>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 44-3(Classification of Airport Operating Certificates) #

(1) Airport operating certificates may be granted according to the following classifications:

1. Class 1: Airport operating certificate for an airport used for domestic air transportation business and international air transportation business and in which the number of flights averages not less than 30,000 per year over the last five years (excluding airports dedicated to irregular flights);

2. Class 2: Airport operating certificate for an airport used for domestic air transportation business and international air transportation business and in which the number of flights averages less than 30,000 per year over the last five years (excluding airports dedicated to irregular flights);

3. Class 3: Airport operating certificate for an airport which is used for domestic air transportation business (excluding airports dedicated to irregular flights);

4. Class 4: Airport operating certificate for an airport, not falling under any of subparagraphs 1 through 3, which is used for air transportation business.

(2) When an airport operator intends to change the class of his/her airport operating certificate granted pursuant to paragraph (1), he/she shall file an application to change the airport operating certificate as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

[This Article Newly Inserted by Presidential Decree No. 22214, Jun. 22, 2010]

Article 44-4(Violations Subject to Penalty Surcharges and Amounts Thereof) #

(1) Types of violations on which penalty surcharges are to be imposed pursuant to Article 111-6 of the Act and the amounts of such penalty surcharges shall be as shown in attached Table 3.

(2) The Minister of Land, Infrastructure and Transport may increase or reduce the amount of a penalty surcharge under paragraph (1) within the extent of half the amount thereof, by taking into account the peculiarity of airport, the degree and frequency of violations, etc. In such cases, even if the penalty surcharge is increased, its total sum shall not exceed one billion won. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 44-5(Imposition and Payment of Penalty Surcharges) #

(1) When the Minister of Land, Infrastructure and Transport intends to impose a penalty surcharge under Article 111-6 of the Act, he/she shall issue a notice of the payment of the penalty surcharge, by specifying in writing the type of the violation in question and the amount of the penalty surcharge. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

(2) Any person in receipt of a notice under paragraph (1) shall pay the penalty surcharge to the receiving agency designated by the Minister of Land, Infrastructure and Transport within 20 days from the date of receiving the notice: Provided, That when he/she is unable to pay the penalty surcharge by the said deadline due to any natural disaster or other inevitable cause, the person shall pay it within seven days from the date on which the said cause ceases to exist. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

(3) The receiving agency which has received the payment of a penalty surcharge under paragraph (2) shall issue a receipt to the payer.

(4) When a receiving agency of penalty surcharge has received any penalty surcharge under paragraph (2), it shall promptly notify the Minister of Land, Infrastructure and Transport of such fact. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

(5) No penalty surcharge shall be paid in installments.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 44-6(Demanding and Collecting Penalty Surcharges) #

(1) Where any person who received a payment notice of penalty surcharge pursuant to Article 44-5 (1) fails to pay it by the payment deadline, the Minister of Land, Infrastructure and Transport shall send a demand note within seven days from the expiration date of such deadline. In such cases, a deadline for payment shall be within ten days from the date of sending the demand note. <Amended by Presidential Decree No. 22214, Jun. 22, 2010; Presidential Decree No. 24443, Mar. 23, 2013>

(2) Where any receiver of a demand note pursuant to paragraph (1) fails to pay the penalty surcharge by the deadline for payment, the Minister of Land, Infrastructure and Transport may have the public officials under his/her control compulsorily collect the penalty surcharge in the same manner as delinquent national taxes are collected. In such cases, the public officials under his/her control shall carry a certificate indicating their authority and present it to the interested parties. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 44-7(Violations Subject to Penalty Surcharges and Amounts, etc. thereof) #

(1) The types of violations subject to penalty surcharges and the amounts thereof pursuant to Article 115-4 (3) of the Act are provided for in attached Table 4. <Amended by Presidential Decree No. 22214, Jun. 22, 2010>

(2) The Minister of Land, Infrastructure and Transport may increase or decrease the amount of a penalty surcharge pursuant to paragraph (1) within the extent of half the amount thereof, taking into account the scale of business, the particularity of business region, the degree and frequency of violation, and other extraordinary circumstances. In such cases, the total amount of the penalty surcharge, even if increased, shall not exceed an amount under Article 115-4 (1) or (2) of the Act. <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25787, Nov. 28, 2014>

(3) Articles 44-5 and 44-6 shall apply mutatis mutandis to the imposition, payment, demand, and collection of penalty surcharges. <Amended by Presidential Decree No. 22214, Jun. 22, 2010>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 45(Criteria, etc. for Authorization on Fares and Rates) #

(1) When the Minister of Land, Infrastructure and Transport intends to authorize fares and rates under Article 117 (1) of the Act, he/she shall follow the following criteria: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

1. It shall not exceed the range of reasonable expenses incurred in and profits from operation of the relevant business;

2. It shall take into consideration the nature of the services furnished by the relevant business;

3. It shall not unreasonably discriminate against a specific passenger or freight consignor;

4. It shall not make it substantially difficult for a passenger or freight consignor to utilize the relevant business;

5. It shall not invoke any unreasonable competition with any other air transportation business operator (referring to any air transportation business operator under Article 49 (2) 3 of the Act; hereinafter the same shall apply).

(2) The aggregate amount of air fares, etc. about which an air transportation business operator is to provide air transport users with information under Article 117 (4) of the Act (hereinafter referred to as “aggregate amount of air fares, etc.”) shall be the aggregate of the following amounts: <Newly Inserted by Presidential Decree No. 25455, Jul. 14, 2014>

1. The rate for use of airport facilities specified in Article 107 of the Act;

2. The fare and rate specified in Article 117 (1) or (2) of the Act;

3. The rate for use of overseas airport facilities;

4. The departure tax defined in Article 2 (3) of the Tourism Promotion and Development Fund Act;

5. The contribution for international antipoverty specified in Article 18-2 (1) of the Korea International Cooperation Agency Act;

6. The amount to be paid by air transport users to use air transport services provided by the air transportation business operator.

(3) An air transportation business operator shall provide air transport users with information about the aggregate amount of air fares, etc. in making a description of, advertising for, or providing guidance on airline tickets under Article 117 (4) of the Act. <Newly Inserted by Presidential Decree No. 25455, Jul. 14, 2014>

(4) A travel agency shall provide air transport users with information about the aggregate amount of air fares, etc. in making a description of, advertising for, or providing guidance on airline tickets or a travel package including airline tickets under Article 117 (4) of the Act that applies mutatis mutandis pursuant to Article 142 (6) of the Act: Provided, That when the aggregate amount of air fares, etc. is included in the travel package rate, it shall be deemed to have provided information about the aggregate amount of air fares, etc. <Newly Inserted by Presidential Decree No. 25455, Jul. 14, 2014>

Article 46(Public Announcement of Evaluation Results of Air Traffic Services) #

Where the Minister of Land, Infrastructure and Transport intends to make public the evaluation results of air traffic services under Article 119-3 (4) of the Act, he/she shall post them on the website of the Ministry of Land, Infrastructure and Transport within ten days of the completion of the evaluation. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

[This Article Newly Inserted by Presidential Decree No. 23989, Jul. 24, 2012]

Article 47(Agreement on Transportation) #

The matters on which an air transportation business operator may conclude a transportation agreement with another air transportation business operator with authorization of the Minister of Land, Infrastructure and Transport under Article 121 of the Act shall be matters delegated by the aviation agreement concerned to comply with any agreement between air transportation business operators, as well as the following matters: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

1. Matters concerning the operational method, such as joint operation;

2. Matters concerning the supply of transport capacity and the allocation of income and expenses;

3. Matters concerning business cooperation with any air transportation business operator of a nation which has not signed the aviation agreement.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 48 #

Deleted. <by Presidential Decree No. 15598, Dec. 31, 1997>

Article 49(Violations Subject to Penalty Surcharges and Amounts, etc. thereof) #

(1) The types of violations subject to penalty surcharges and the amounts thereof under Article 131 of the Act (including cases where it is applicable mutatis mutandis under Articles 132 (3), 134 (3), 142 and 150 (2) of the Act) are as prescribed in attached Table 5.

(2) The Minister of Land, Infrastructure and Transport may increase or decrease the amount of a penalty surcharge referred to in paragraph (1) within the extent of half the amount thereof, taking into account the scale of business, particularity of business region, the degree and frequency of violation and other extraordinary circumstances. In such cases, the total amount of the penalty surcharge, even if increased, shall not exceed five billion won. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

(3) Articles 44-5 and 44-6 shall apply mutatis mutandis to the imposition, payment, demand and collection of penalty surcharges. <Amended by Presidential Decree No. 22214, Jun. 22, 2010>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 50 #

Deleted. <by Presidential Decree No. 18117, Nov. 4, 2003>

Article 51 #

Deleted. <by Presidential Decree No. 18117, Nov. 4, 2003>

Article 51-2(Concurrent Operation of Both Domestic Air Transportation Business or International Air Transportation Business and Small Air Transportation Business) #

If a person who applies for a license for domestic air transportation business or international air transportation business under Article 112 (1) of the Act intends to concurrently register small air transportation business under Article 132 (1) of the Act, the person may apply for both of them, by stating such intention in the application for the license for domestic air transportation business or international air transportation business.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 52 #

Deleted. <by Presidential Decree No. 16511, Aug. 6, 1999>

Article 53 #

Deleted. <by Presidential Decree No. 14322, Jul. 11, 1994>

Article 54(Concurrent Operation of Small Air Transportation Business and Aircraft-Using Business) #

If a person who applies for the registration of small air transportation business under Article 132 (1) of the Act intends to concurrently register aircraft-using business as prescribed in Article 134 (1) of the Act, the person may apply for both of them, by stating such intention in the application for registration of the small air transportation business.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 54-2(Violations Subject to Penalty Surcharges and Amounts, etc. thereof) #

(1) The types of violations subject to penalty surcharges and the amounts thereof in accordance with Article 138-3 of the Act are as prescribed in attached Table 6.

(2) The Minister of Land, Infrastructure and Transport may increase or reduce the amount of a penalty surcharge referred to in paragraph (1) within the extent of half the amount thereof, taking into account the scale of the maintenance organization, the degree and frequency of violation and other extraordinary circumstances. In such cases, the total amount of the penalty surcharge, even if increased, shall not exceed 500 million won. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

(3) Articles 44-5 and 44-6 shall apply mutatis mutandis to the imposition, payment, demand and collection of penalty surcharges. <Amended by Presidential Decree No. 22214, Jun. 22, 2010>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 54-3(Guidelines for Registration of Air Leisure Sport Business) #

Guidelines for registration of air leisure sport businesses, such as the size of capital under Article 140-2 (2) of the Act, are as set forth in attached Table 6-2.

[This Article Newly Inserted by Presidential Decree No. 25455, Jul. 14, 2014]

Article 55(Establishment of Association) #

If it is intended to establish the Korea Civil Aviation Development Association (hereinafter referred to the "Association") under Article 143 of the Act, promoters, the number of whom corresponds to not less than 1/10 of persons who are eligible to be members of the Association shall prepare its articles of association and obtain a resolution thereon at an inaugural general meeting with the attendance of a majority of those eligible to be members of the Association.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 56(Articles of Association) #

(1) The articles of association shall include the following matters:

1. The objectives;

2. The title;

3. The seat of its office;

4. Matters concerning members and general meetings thereof;

5. Matters concerning officers;

6. Matters concerning affairs;

7. Matters concerning accounts;

8. Matters concerning dissolution;

9. Matters concerning the amendment of the articles of association;

10. Matters concerning the methods of public notice by the Association.

(2) The articles of association under paragraph (1) shall be approved by the Minister of Land, Infrastructure and Transport. This shall also apply in cases where any amendment is made to the approved articles of association. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 57(Business Affairs) #

The Association shall handle the following business affairs: <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

1. Affairs for developing air transportation business, etc.;

2. Research, study and public relations on air transportation business, etc.;

3. Matters concerning the improvement of the operation of airport facilities;

4. Fostering and supporting persons engaged in air transportation business, etc.;

5. Publication of aviation-related statistics and materials;

6. Collection and management of aviation-related information;

7. Affairs concerning the operational improvement and guidance of air transportation business, etc.;

8. Research and study on foreign aviation systems;

9. Research service project for promoting aviation;

10. Research and study on aviation safety;

11. Affairs concerning promotion of international cooperation with foreign aviation institutions;

12. Affairs entrusted by the Minister of Land, Infrastructure and Transport;

13. Services incidental to the affairs under subparagraphs 1 through 10.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 58(Supervision) #

The Minister of Land, Infrastructure and Transport shall supervise the business affairs of the Association, and may issue any order necessary for the sound development of the Association. <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013>

Article 59 #

Deleted. <by Presidential Decree No. 19607, Jul. 4, 2006>

Article 59-2 #

Deleted. <by Presidential Decree No. 19607, Jul. 4, 2006>

Article 59-3 #

Deleted. <by Presidential Decree No. 19607, Jul. 4, 2006>

Article 59-4 #

Deleted. <by Presidential Decree No. 19607, Jul. 4, 2006>

Article 59-5(Financial Support) #

The State may provide the head of a local government who establishes an airfield or a flying field or undertakes an airport development project under Article 153-2 (1) of the Act with a subsidy or loan to cover expenses classified as follows:

1. For establishing an airfield or a flying field: Expenses required for installing facilities (including expenses for land compensation) under subparagraph 1 (a), (c), or (d) of Article 10;

2. For undertaking an airport development project: Expenses required for installing basic facilities (excluding expenses for land compensation) under subparagraph 1 of Article 10.

[This Article Wholly Amended by Presidential Decree No. 25455, Jul. 14, 2014]

Article 60(Aircraft Inspection Institution) #

(1) Any specialized inspection institution under Article 154 (2) of the Act (hereinafter referred to as "specialized inspection institution") shall be designated and published by the Minister of Land, Infrastructure and Transport from among nonprofit corporations which provide services related to aviation and have secured the technical personnel, facilities, equipment, etc. prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

(2) Any specialized inspection institution shall prepare the rules necessary for conducting the business of certification or inspection of aircraft and equipment (hereinafter referred to as "inspection rules") and obtain the authorization of the Minister of Land, Infrastructure and Transport. The foregoing shall also apply in cases where any change is made to the authorized matters. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

(3) The inspection rules under paragraph (2) shall include the following matters:

1. Organization and personnel of an organ assigned to carry out certification or inspection;

2. The scope of duties and the responsibility of persons in charge of certification or inspection;

3. Operational systems and procedures for certification or inspection;

4. Issuance of various certificates and management of the ledger;

5. Education and training of persons in charge of certification or inspection;

6. Management and maintenance of technical books and materials;

7. Operation and management of facilities and equipment;

8. Matters relating to reporting the results of certification or inspection.

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 61(Qualifications, etc. for Persons in Charge of Certification or Inspection) #

(1) Persons in charge of certification or inspection at a specialized inspection institution shall fall under any subparagraph of Article 13 (2).

(2) Matters concerning the appointment, duties and supervision of persons in charge of certification or inspection at a specialized inspection institution shall be determined by the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>

[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]

Article 62 #

Deleted. <by Presidential Decree No. 19607, Jul. 4, 2006>

Article 63(Delegation or Entrustment of Authority) #

(1) Deleted. <by Presidential Decree No. 24355, Feb. 15, 2013>

(2) The Minister of Land, Infrastructure and Transport shall delegate the following authority to the Commissioners of the Regional Aviation Administrations (limited to the Commissioner of the Seoul Regional Aviation Administration for subparagraph 31 (g) of this paragraph) pursuant to Article 154 (1) of the Act: <Amended by Presidential Decree No. 22214, Jun. 22, 2010; Presidential Decree No. 23180, Sep. 29, 2011; Presidential Decree No. 23989, Jul. 24, 2012; Presidential Decree No. 24355, Feb. 15, 2013; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25147, Feb. 5, 2014; Presidential Decree No. 25455, Jul. 14, 2014; Presidential Decree No. 25787, Nov. 28, 2014; Presidential Decree No. 26564, Sep. 25, 2015>

1. Standard certification of airworthiness under Article 15 (3) 1 of the Act: Provided, That this shall exclude the following standard certification of airworthiness:

(a) Initial standard certification of airworthiness for aircraft issued with the certification of type under Article 17 of the Act;

(b) Initial standard certification of airworthiness for aircraft manufactured with the certification of manufacture under Article 17-3 of the Act;

2. Special certification of airworthiness for the following aircraft under Article 15 (3) 2 of the Act:

(a) Aircraft making a test flight after maintenance, repair, or rebuilding;

(b) Aircraft moving to a repair station without passengers or cargo for maintenance, repair, or rebuilding;

(c) Aircraft making a flight without passengers or cargo for being imported or exported;

(d) Aircraft used for search and rescue due to a calamity, disaster, etc.;

(e) Aircraft used for extinguishment and prevention of forest fires;

(f) Aircraft used for rescue and relief activities, such as transportation of emergency patients;

(g) Aircraft used for agricultural or fishing activities, such as seed sowing, crop dusting, or fish detection;

2-2. Extension of the term of validity of certification of airworthiness under Article 15 (4) of the Act;

3. Inspection of conformity to technical standards and designation of operational limits under Article 15 (5) of the Act: Provided, That this shall exclude the inspection of conformity to technical standards and the designation of operational limits as follows:

Article 63-2(Handling of Personally Identifiable Information) #

The Minister of Land, Infrastructure and Transport (including any person to whom authority of the Minister of Land, Infrastructure and Transport is delegated, entrusted, or re-entrusted under Article 63) may handle data containing resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act if essential to perform affairs relating to certification as an ultra light flying equipment operator under Article 23 (3) of the Act.

[This Article Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014]

Article 63-3(Review of Regulation) #

The Minister of Land, Infrastructure and Transport shall review the appropriateness of the following matters and take measures for reform, etc. thereof, every two years from the following base dates (referring to the date immediately preceding every second anniversary from the base date):

1. Activities prohibited in airport facilities under Article 39-3: January 1, 2015;

2. Types of offenses, amounts of penalty surcharges, etc. under Article 49 and attached Table 5: January 1, 2015.

[This Article Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014]

Article 64(Standards for Imposition of Administrative Fines) #

(1) The standards for imposition of administrative fines under Articles 181-2, 182, 182-2, 183 and 183-2 through 183-4 of the Act are as prescribed in attached Table 7. <Amended by Presidential Decree No. 23989, Jul. 24, 2012>

(2) Deleted. <by Presidential Decree No. 23989, Jul. 24, 2012>

[This Article Newly Inserted by Presidential Decree No. 21719, Sep. 9, 2009]