AVIATION AND RAILWAY ACCIDENT INVESTIGATION ACT

Article 1(Purpose) #

The purpose of this Act is to conduct an independent and unbiased investigation into aviation and railway accidents, etc. and to precisely identify causes of these accidents by establishing the Aviation and Railway Accident Investigation Board, thereby contributing to preventing aviation and railway accidents and to securing safety.

Article 1-2(Principles of operation) #

The Aviation and Railway Accident Investigation Board shall maintain its independence and impartiality, and shall endeavor to clearly identify the causes of aviation and railway accidents, etc. and to establish and implement thorough preventive measures.

[This Article Added on Jan. 27, 2026]

Article 2(Definitions) #

(1) The terms used in this Act are defined as follows: <Amended on Jun. 9, 2009; Mar. 22, 2013; Mar. 29, 2016; Jun. 9, 2020>

1. The term "aviation accident" means an aircraft accident under subparagraph 6 of Article 2 of the Aviation Safety Act, a light sport aircraft accident under subparagraph 7 of the same Article, and an ultra-light vehicle accident under subparagraph 8 of the same Article;

2. The term "serious incident" means a serious incident under subparagraph 9 of Article 2 of the Aviation Safety Act;

3. The term "aviation accidents, etc." means aviation accidents under subparagraph 1 and serious incidents under subparagraph 2;

4. Deleted; <Jun. 9, 2009>

5. Deleted; <Jun. 9, 2009>

6. The term "railway accident" means an accident that caused human casualties or damage to goods during the operation of railway rolling stock or trains on railways (including urban railways; hereinafter the same shall apply) and which falls under any of the following subparagraphs:

a. Collision or derailment of trains;

b. An accident of fire on railway rolling stock or on a train which results in interruption of operations;

c. An accident causing at least three casualties in relation to the operation of railway rolling stock or a train;

d. An accident causing at least 50 million won in property damage in relation to the operation of railway rolling stock or a train.

7. The term "accident investigation" means the processes and activities carried out by the Aviation and Railway Accident Investigation Board under Article 4 for the purposes of preventing aviation and railway accident, etc. including collection and analysis of information, data, etc. relevant to aviation accidents, etc. and railway accidents (hereinafter referred to as "aviation and railway accidents, etc."), identification of causes, and safety recommendations concerning aviation and railway safety, etc.

(2) Except for those terms used in this Act, other terms shall mean as defined in the Aviation Business Act, the Aviation Safety Act, the Airport Facilities Act, and the Railroad Safety Act. <Amended on Mar. 29, 2016>

Article 3(Scope of application) #

(1) This Act shall apply to an investigation into aviation and railway accidents, etc. falling under any of the following subparagraphs:

1. Aviation and railway accidents, etc. which occur within the territory of the Republic of Korea;

2. Aviation accidents, etc. which occur outside the territory of the Republic of Korea and which are under the jurisdiction of the Republic of Korea in accordance with the Convention on International Civil Aviation.

(2) Notwithstanding paragraph (1), this Act shall not apply to investigations into aviation accidents of the aircraft of State agencies, etc. under subparagraph 4 of Article 2 of the Aviation Safety Act, except in any of the following cases: <Amended on Jun. 9, 2009; Mar. 29, 2016; Jun. 9, 2020>

1. Where a person is deceased or missing;

2. Where the aircraft of State agencies, etc. are damaged beyond repair or refurbishment;

3. Where the location of the aircraft of State agencies, etc. is unidentified or where it is impossible to access the aircraft of State agencies, etc.

(3) Notwithstanding paragraph (1), this Act shall not apply to investigations of aviation accidents of aircraft under Article 3 of the Aviation Safety Act. <Amended on Mar. 29, 2016; Jun. 9, 2020>

(4) Matters not provided in this Act with regard to investigations into aviation accidents, etc. shall be implemented in compliance with the standards and practices adopted in the Convention on International Civil Aviation and the Annexes thereto. <Added on Mar. 22, 2013>

[Title Amended on Mar 22, 2013]

Article 4(Establishment of Aviation and Railway Accident Investigation Board) #

(1) The Aviation and Railway Accident Investigation Board (hereinafter referred to as the "Board") shall be established under the control of the Prime Minister in order to independently conduct investigations for the purpose of identifying the causes of, and preventing, aviation and railway accidents, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 27, 2026>

(2) The Board shall perform its duties independently, without being subject to any external direction or interference with respect to accident investigations. <Amended on Jan. 27, 2026>

Article 5(Duties of Board) #

The Board shall perform the following duties: <Amended on Jun. 9, 2020>

1. Accident investigation;

2. Preparation of, resolution on, and publication of accident investigation reports under Article 25;

3. Safety recommendations, etc. under Article 26;

4. Surveys and research necessary for accident investigation;

5. Designation of research and education institutions related to accident investigation;

6. Other matters prescribed by the Convention on International Civil Aviation and the Annex to the Convention concerning investigation of aviation accident.

Article 6(Composition of Board) #

(1) The Board shall be comprised of not more than 11 members, including 1 chairperson, and the number of the members prescribed by Presidential Decree, from among the members, shall become standing members. <Amended on Jun. 9, 2020; Jan. 27, 2026>

(2) The chairperson and standing members shall be appointed by the President of Republic of Korea, while non-standing members shall be commissioned by the Prime Minister. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 27, 2026>

(3) The class of standing members shall be prescribed by Presidential Decree.

Article 7(Qualifications of Board members) #

A person eligible for membership shall have aviation and railway-related expertise or experience and fall under any of the following: <Amended on Jan. 27, 2026>

1. A person who has at least 10 years' experience after obtaining qualification as a lawyer;

2. A person who has at least 5 years' teaching experience in university as an associate professor or a higher position in the field of aviation, railway, science and technology, or safety management;

3. A person who has at least 2 years' experience in an administrative agency as a public official of Grade IV or higher position;

4. A person who holds a doctorate degree and has at least 10 years' work experience in specialized institutions in the aviation, railway, science and technology, or medical sectors;

5. A person who has at least 10 years' work experience in an air transport business after obtaining a qualification certificate as aviation personnel, and who retired from the air transport business 3 years before the date of appointment or commissioning;

6. A person who has at least 10 years' work experience in railway facilities or railway operating business, and who retired from such business 3 years before the date of appointment or commissioning;

7. A person who has at least 10 years' experience in the aviation business related to aircraft of State agencies, etc. or aircraft used for military, police, or customs services.

Article 8(Reasons for disqualification of members) #

(1) No person who falls under any of the following subparagraphs may become a member: <Amended on Mar. 21, 2017; Jun. 9, 2020; Jan. 27, 2026>

1. A person under adult guardianship, a person under limited guardianship, or a person who was declared bankrupt and has not yet been reinstated;

2. A person for whom 3 years have not elapsed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed (including cases where execution was deemed completed) or exempted;

3. A person who is under suspension of the execution of his or her imprisonment without labor or heavier punishment declared by a court;

3-2. A person who is under suspension of the sentence of his or her imprisonment without labor or heavier punishment declared by a court;

4. A person who is disqualified, or whose qualification is suspended by a court ruling or statutes;

4-2. A person who committed a crime prescribed in Articles 355 and 356 of the Criminal Act in connection with his or her duties while in office as a public official, and was sentenced to a fine of at least 3 million won, and for whom 2 years have not elapsed since such sentence became final;

4-3. A person removed from office under an impeachment decision;

4-4. A party member under Article 22 of the Political Parties Act;

5. A person who is currently serving as a representative, executive officer or employee, or member of an air transport business operator, a business operator engaged in the manufacture, modification, maintenance, or sale of aircraft, ultra-light vehicles, and their components, or other central administrative agencies, local governments, public institutions, and related institutions, corporations, or organizations prescribed by Presidential Decree in relation to the aviation business (hereinafter referred to as "aviation business operators, etc."), or for whom 3 years have not elapsed since the date of retirement;

6. A person who is currently serving as a representative, executive officer or employee, or member of a railroad carrier, a railroad facility manager, a person who manufactures, assembles, or imports railway rolling stock, a construction contractor related to railway construction, or a business operator engaged in the sale of railway equipment or devices, or other central administrative agencies, local governments, public institutions, and related institutions, corporations, or organizations prescribed by Presidential Decree in relation to the railway business (hereinafter referred to as "railway business operator, etc."), or for whom 3 years have not elapsed since the date of retirement;

7. A person who is currently performing, or has performed within the last 3 years, a research and development project or any other project entrusted by an aviation business operator, etc. or a railway business operator, etc. involving services amounting to at least 10 million won in total.

(2) Where a member falls under any subparagraph of paragraph (1), he or she shall be dismissed or removed from office ipso facto. <Added on Jan. 27, 2026>

(3) The Board may request aviation business operators, etc. and railway business operators, etc. to provide necessary data to determine whether a member (including a person intending to become a member) falls under the reasons for disqualification under paragraph (1)5 through 7. In such cases, a person so requested shall comply therewith unless there is a compelling reason not to do so. <Added on Jan. 27, 2026>

Article 9(Status guarantee of members) #

(1) A member shall exercise his or her authority independently during his or her term of office, with respect to his or her duties.

(2) No member shall be dismissed or removed from office against his or her will, except where he or she falls under any of the following subparagraphs: <Amended on Jan. 27, 2026>

1. Where he or she falls under any of the subparagraphs of Article 8(1);

2. Where he or she is deemed unable to perform his or her duties due to mental or physical weakness;

3. Where it becomes improper for him or her to perform duties as a member of the Board due to his or her violation of official obligations under this Act.

Article 10(Duties of chairperson) #

(1) The chairperson shall represent the Board and exercise general supervision over its affairs.

(2) Where the chairperson is unable to perform his or her duties due to any unavoidable reason, a Board member designated in advance by the chairperson, a standing member, or the other Board members shall act in order of seniority on the behalf of the chairperson.

Article 11(Term of office of members) #

Each member shall hold office for a term of 3 years and may be appointed consecutively only once. <Amended on Jan. 27, 2026>

Article 11-2(Prohibition on holding concurrent offices) #

(1) Standing members shall not engage in any profit-making business other than their official duties, nor shall they concurrently hold any other office.

(2) The chairperson may not engage in political activities.

(3) Matters necessary for the limitations on profit-making business under paragraph (1) shall be prescribed by Presidential Decree.

[This Article Added on Jan. 27, 2026]

Article 12(Meetings and resolutions) #

(1) The chairperson shall convene and preside over Board meetings.

(2) Any decision of the Board shall require the concurring vote of a majority of the Board members.

Article 12-2(Preparation of minutes) #

(1) The Board shall take minutes of a meeting regarding the following matters; in such cases, if deemed necessary, the proceeding of a meeting may be recorded by stenography or by an audio or video recording system:

1. The date, time, and place of the meeting;

2. Members who are present at the meeting;

3. Details of deliberation and resolutions adopted.

(2) Other matters necessary for the preparation and retention of minutes and audio and video recordings shall be determined separately by the chairperson.

[This Article Added on Jan. 27, 2026]

Article 13(Committees) #

(1) The Board may establish committees in order to efficiently deliberate on details of accident investigation.

(2) Any resolution of a committee under paragraph (1) shall be considered to be the resolution of the Board. <Amended on Jun. 9, 2020>

(3) Matters necessary for the organization and operation of committees shall be prescribed by Presidential Decree.

Article 14(Expert committee and advisory members) #

(1) The Board may, if necessary, establish an expert committee under its jurisdiction to provide practical advice on business affairs under its jurisdiction, or to conduct preliminary reviews of matters for deliberation or resolution.

(2) Where deemed necessary to seek advice on accident investigation, the Board may appoint an expert having expertise and experience in the fields of aviation and railway as an advisor.

(3) The composition, operation, and business affairs of an expert committee under paragraph (1) and matters necessary for the commissioning of advisory members under paragraph (2) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jan. 27, 2026]

Article 15(Exclusion of, challenge to, or recusal of member) #

(1) Where a member falls under any of the following, he or she shall be excluded from the performance of his or her duties:

1. Where a member or his or her current or former spouse becomes an interested party to the relevant agenda item, or is a joint holder of any right or joint obligor of a party to the relevant agenda item;

2. Where a member is or was a relative to an interested party to the relevant agenda item;

3. Where a member has made any statement or has provided expert opinion regarding the relevant agenda item;

4. Where a member serves or has served as the representative of any interested party to the relevant agenda item;

5. Where a member has been involved in a disposition or omission of the relevant agenda item;

6. Where the corporation, etc. to which a member belongs (including where a member belonged to such corporation, etc. during the past 3 years) has given advice, conducted research, or provided service, etc. with regard to the agenda item.

(2) If any reason for exclusion exists, the chairperson may decide on exclusion ex officio or at the request of any interested party to the agenda item.

(3) Where the circumstances indicate that it would be impracticable to expect fair performance of duties of a member, any interested party to the relevant agenda item may file a request for challenge to the member and the Board shall decide thereon by resolution.

(4) Where a member falls under any of the reasons under paragraph (1) or (3), he or she may voluntarily refrain from the relevant agenda item.

[This Article Wholly Amended on Jan. 27, 2026]

Article 16(Support organization) #

(1) A support organization shall be established within the Board to perform the business affairs of the Board.

(2) The head of a support organization under paragraph (1) shall perform affairs of the support organization under the direction of the chairperson.

(3) A support organization under paragraph (1) shall have accident investigators and necessary employees, and other matters necessary for the composition, operation, etc. of the support organization shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jan. 27, 2026]

Article 17(Notification of aviation and railway accidents) #

(1) The pilot in command of an aircraft, owner of such aircraft, etc. under the proviso of Article 62(5) of the Aviation Safety Act, a railroad carrier, etc. under Article 61(1) of the Railroad Safety Act, a person engaged in aviation or railway, and any other relevant persons (hereinafter referred to as "persons, etc. engaged in aviation and railway") who become aware of the occurrence of an aviation and railway accident, etc. shall notify the Board of such fact without delay; provided, in cases of the aircraft of State agencies, etc. under subparagraph 4 of Article 2 of the Aviation Safety Act, any person engaged in aviation duties relevant thereto shall report to the head of the competent administrative agency, and the head of the competent administrative agency upon receipt of such report shall notify the Board thereof. <Amended on Mar. 29, 2016>

(2) The scope of persons engaged in aviation or railway and relevant persons, matters to be included in notification, timing of notification, method, procedure, etc. of notification under paragraph (1) shall be prescribed by Prime Ministerial Decree. <Amended on Mar. 23, 2013; Jan. 27, 2026>

(3) The Board shall not disclose the status of a person who has notified an aviation and railway accident, etc. under paragraph (1) against his or her will.

[This Article Wholly Amended on Jun. 9, 2009]

Article 18(Initiation of accident investigations) #

The Board shall initiate accident investigation without delay when it is notified of the occurrence of an aviation and railway accident, etc. or becomes aware of such fact under Article 17(1); provided, if necessary for a smooth investigation of an aviation accident, etc. involving a foreign aircraft that occurs within the Republic of Korea, the Board may delegate accident investigation to the country that owns the aircraft or to the Regional Accident Investigation Organization upon consent of or agreement with such country or organization. <Amended on Jun. 9, 2009; Mar. 22, 2013>

Article 19(Execution of accident investigations) #

(1) The Board may, if deemed necessary for any accident investigation, allow a member or an employee of a support organization under Article 16 (hereinafter referred to as "employee of a support organization") to take any of the following actions: <Amended on Jun. 9, 2009; Jan. 27, 2026>

1. Requesting submission of reports or data related to aviation accidents, etc. from an owner, a manufacturer, or a passenger of an aircraft or an ultra-light vehicle, a person conducting rescue activities at the site of aviation accidents, etc., and other relevant persons (hereinafter referred to as "persons related to aviation accidents, etc.");

2. Requesting submission of reports or data related to railway accidents from a railroad carrier, a railway facilities manager, railway workers, a person conducting rescue activities at the site of accidents, and other relevant persons (hereinafter referred to as "persons related to railway accidents");

3. Inspecting aircraft, railway facilities, railway rolling stock, books, and other documents or articles related to aviation and railway accidents, etc. (hereinafter referred to as "related articles") by entering the accident site and other places deemed necessary;

4. Requesting attendance of persons related to aviation accidents, etc. and persons related to railway accidents (hereinafter referred to as "relevant persons") and asking them questions;

5. Requesting an owner, holder, or keeper of related articles to preserve and submit such articles or keeping in custody of the articles submitted;

6. Controlling access to an accident site and other places relevant to accidents.

(2) No person requested to preserve related articles under paragraph (1)5 shall move, alter, or damage such articles; provided, the same shall not apply, where public interests are deemed at stake or where there exist urgent reasons, such as saving lives. <Amended on Jun. 9, 2020>

(3) The Board shall lift the custody of the related articles kept under paragraph (1)5 as early as possible when such articles become no longer necessary for accident investigation. <Amended on Jun. 9, 2020>

(4) A person taking action under paragraph (1) shall carry with him or her identification indicating his or her authority and present it to relevant persons when requested to do so. <Amended on Jun. 9, 2020>

Article 20(Organization and operation of the aviation and railway accident investigation team) #

(1) The Board may, if deemed necessary for accident investigation, organize and operate an Aviation and Railway Accident Investigation Team consisting of experts in related fields.

(2) Matters necessary for the organization and operation of the Aviation and Railway Accident Investigation Team shall be prescribed by Presidential Decree.

Article 21(Support from head of relevant central administrative agency) #

(1) If deemed necessary to conduct an accident investigation, the Board may request the head of the relevant central administrative agency to provide support necessary for such investigation, such as fact-finding, the dispatch of relevant public officials, and the provision of goods. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 27, 2026>

(2) Upon receipt of a request for support for accident investigation in accordance with paragraph (1), the head of the relevant central administrative agency shall provide support necessary for the smooth conduct of the accident investigation. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 27, 2026>

(3) Deleted. <Jan. 27, 2026>

[Title Amended on Jan. 27, 2026]

Article 22(Cooperation by relevant administrative agencies) #

The Board may request necessary cooperation, such as provision of data and information relevant to aviation and railway accidents, etc. and preservation of related articles from the heads of relevant administrative agencies, the heads of relevant local governments, and the heads of other public or private organizations (hereafter referred to as "heads of relevant agencies") in order to conduct investigations promptly and accurately. In such cases, the heads of relevant agencies shall cooperate with such requests, unless there is good cause. <Amended on Jun. 9, 2020>

Article 23(Test and medical examination) #

(1) The Board may conduct an autopsy, with relation to accident investigation, on the bodies of those killed in the accident a medical examination on surviving crew, etc.; and an examination or analysis of or test, etc. on components of an aircraft, railway rolling stock, etc.

(2) The Board may, if deemed necessary, entrust relevant experts, specialized institutions, etc., with duties, such as autopsy, examination, analysis, and test under paragraph (1). <Amended on Jun. 9, 2020>

Article 24(Hearing of opinions of relevant persons) #

(1) The Board shall give relevant persons involved in the aviation and railway accidents, etc. in question an opportunity to state their opinions, as prescribed by Presidential Decree, before concluding an accident investigation. <Amended on Jun. 9, 2020>

(2) The Board may, if deemed necessary for an accident investigation, hear opinions of relevant persons or experts at a public hearing.

Article 25(Preparation of accident investigation reports) #

(1) The Board shall prepare, upon conclusion of each accident investigation, an accident investigation report which includes each of the following: <Amended on Jun. 9, 2020; Jan. 27, 2026>

1. Synopsis;

2. Factual information;

3. Cause analysis;

4. Accident investigation findings;

5. Safety recommendations and suggestions under Article 26.

(2) The Board shall publicize accident investigation reports prepared in accordance with paragraph (1) as prescribed by Presidential Decree, and forward such reports to the heads of relevant agencies. <Amended on Jun. 9, 2020>

Article 26(Safety recommendations) #

(1) If deemed necessary as a result of survey and research activities under Article 29(2) and in the course of, or as a result of, accident investigations, the Board may make safety recommendations (hereinafter referred to as "recommendation") or suggestions regarding measures to prevent the recurrence of aviation and railway accidents, etc. to the heads of relevant institutions. <Amended on Mar. 22, 2013; Jan. 27, 2026>

(2) The head of a relevant institution who has received a recommendation or suggestion in accordance with paragraph (1) shall notify the Board of the implementation plan for such recommendation or suggestion. In such cases, the implementation plan for the recommendation shall be notified within 90 days from the date of receipt thereof. <Amended on Jan. 27, 2026>

(3) The head of a relevant institution who has received a recommendation or suggestion in accordance with paragraph (1) shall sincerely implement such recommendation or suggestion unless there is a compelling reason not to do so, and shall notify the Board of the results of such implementation; provided, if such recommendation or suggestion is not implemented, he or she shall notify the Board of the reason therefor. <Added on Jan. 27, 2026>

(4) The Board may, where it deems it necessary, publish the details notified by the heads of relevant institutions in accordance with paragraphs (2) and (3). <Added on Jan. 27, 2026>

Article 27(Resumption of accident investigations) #

The Board may resume an accident investigation when evidence so critical as to change the results of accident investigation is found after the investigation is concluded.

Article 28(Restriction on disclosure of information) #

(1) The Board may restrict the disclosure of information obtained in the course of an accident investigation, where such disclosure is likely to affect the accuracy of the accident investigation in question or of future accident investigations, threaten national security, or infringe on personal privacy; provided, where information is disclosed, the name of a person related to an aviation and railway accident, etc. shall not be disclosed. <Amended on Mar. 22, 2013; Jun. 9, 2020; Jan. 27, 2026>

(2) Notwithstanding paragraph (1), if a person who has suffered damage to life, body, or property as a result of an aviation and railway accident, etc., or his or her surviving family members, or any other person prescribed by Presidential Decree requests disclosure of information, the Board may determine, through its deliberation, whether to disclose such information and the scope of such disclosure. <Added on Jan. 27, 2026>

(3) The scope of the information the disclosure of which may be restricted in accordance with paragraph (1) shall be prescribed by Presidential Decree. <Amended on Jun. 9, 2020; Jan. 27, 2026>

[Title Amended on Jan. 27, 2026]

Article 29(Research on accident investigation) #

(1) The Board shall build an information management system to compile, analyze, and disseminate data related to domestic and foreign aviation and railway accidents, etc. so that necessary information can be shared.

(2) The Board may conduct survey and research activities to develop accident investigation techniques and to prevent potential aviation and railway accidents, etc.

Article 29-2(Annual reports) #

(1) The Board shall submit a report on the performance of its affairs for the relevant fiscal year to the National Assembly within 3 months after the end of each fiscal year.

(2) The Board shall publish the report under paragraph (1); provided, where there exist reasonable grounds rendering such publication inappropriate, the Board may, by resolution, decide not to publish it.

[This Article Added on Jan. 27, 2026]

Article 30(Separation from other procedures) #

Accident investigations shall be separated from and conducted independently from judicial proceedings, administrative disposition procedures, or administrative contestation procedures related to civil or criminal liability.

Article 31(Prohibition on divulging confidential information) #

A member of the Board, a member of an expert committee under Article 14 (hereinafter referred to as "expert member"), an advisor, an employee of a support organization, a person who formerly held such position, or a person who is or was dispatched to the Board or who conducts or has conducted the affairs of the Board upon being commissioned by the Board, shall not disclose any confidential information obtained in the course of performing his or her duties. <Amended on Jan. 27, 2026>

Article 31-2(Duty of integrity) #

A member of the Board, an expert member, an advisor, and an employee of a support organization shall not receive money or other benefits from persons engaged in aviation business operators, etc. and railway business operators, etc. in connection with accident investigations.

[This Article Added on Jan. 27, 2026]

Article 32(Prohibition on disadvantageous treatment) #

Any person who makes a statement, testifies, submits data, etc., or provides any reply to the Board under this Act shall not be discharged, transferred, or disciplined, or receive unfair treatment or other disadvantages in relation to his or her status or treatment.

Article 33(Operation of Board) #

(1) Matters, etc. necessary for the operation of the Board and accident investigation, but not specifically provided in this Act, shall be separately determined by the chairperson.

(2) The Board may, as prescribed by Prime Ministerial Decree, pay allowances or travel expenses to the chairperson, members, expert members, advisory members, and relevant persons who attend Board meetings and make statements, as prescribed by Prime Ministerial Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020; Jan. 27, 2026>

Article 33-2(Entrustment of affairs) #

The business affairs of the Board relating to ultra-light vehicle accidents defined in subparagraph 8 of Article 2 of the Aviation Safety Act, among the business affairs of the Board under this Act, may be entrusted, as prescribed by Presidential Decree, to the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act (hereinafter referred to as the "Korea Transportation Safety Authority") or an institution or organization related to aviation.

[This Article Added on Jan. 16, 2024]

Article 34(Legal fiction as public officials for purposes of applying penalty provisions) #

Any of the following persons, who is not a public official, shall be deemed public officials in applying Articles 129 through 132 of the Criminal Act: <Amended on Jun. 9, 2020; Jan. 16, 2024; Jan. 27, 2026>

1. Members of the Board, expert members, advisory members, or relevant experts in each field under Article 20(1);

2. Relevant experts or executive officers or employees of specialized institutions under Article 23(2);

3. Executive officers or employees of the Korea Transportation Safety Authority or an institution or organization related to aviation who engage in the affairs entrusted by the Board in accordance with Article 33-2.

Article 35(Offense of obstructing accident investigation) #

A person who falls under any of the following shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:

1. Any person who fails to submit a report or files a false report on aviation and railway accidents, etc. or who refuses or obstructs submission of data without good cause, in violation of Article 19(1)1 and 2;

2. Any person who refuses or obstructs entry to accident sites and other places deemed necessary or inspections of related articles, in violation of Article 19(1)3;

3. Any person who refuses or obstructs preservation, submission, or custody of the related articles, in violation of Article 19(1)5;

4. Any person who fails to preserve the related articles, moves, alters, or damages such articles without good cause, in violation of Article 19(2).

Article 36(Offense of divulging confidential information) #

Any person who divulges confidential information which comes to his or her knowledge in connection with his or her duties in violation of Article 31 shall be punished by imprisonment with labor for not more than two years, by suspension of qualification for up to five years or by a fine of not more than 20 million won. <Amended on May 21, 2014>

Article 36-2(Offense of failing to notify occurrence of accidents) #

Any person, etc. engaged in aviation and railway who fails to notify, without good cause, or notifies falsely even after he or she becomes aware that aviation and railway accidents, etc. have occurred, in violation of the main clause of Article 17(1), shall be punished by a fine not exceeding five million won.

[This Article Added on Jun. 9, 2009]

Article 37(Joint penalty provisions) #

If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violations falling under any provision of Article 35 or 36-2 in conducting the business affairs of the corporation or individual, not only such offender but the corporation or the individual shall be punished by a fine under the relevant Article; provided, the same shall not apply to cases where the corporation or the individual has paid due attention to or diligently supervised the relevant affairs in order to prevent such violation.

[This Article Wholly Amended on Jun. 9, 2009]

Article 38(Administrative fines) #

(1) Any person who gives disadvantageous treatment to a person who makes a statement, testifies, or submits data or who provides a reply to the Board in accordance with this Act, including discharge, transfer, disciplinary measures, or unfair treatment, or any other disadvantages related to status or treatment, in violation of Article 32, shall be subject to an administrative fine not exceeding 10 million won.

(2) Any of the following persons shall be subject to an administrative fine not exceeding five million won:

1. Any person who avoids or delays submission of data relevant to aviation and railway accidents, etc., without good cause, in violation of Article 19(1)1 or 2;

2. Any person who refuses to attend or makes a false statement in reply to questions, without good cause, in violation of Article 19(1)4.

(3) Any of the following persons shall be subject to an administrative fine not exceeding three million won:

1. Any person who avoids inspection on related articles relevant to aviation and railway accidents, etc. without good cause, in violation of Article 19(1)3;

2. A person who avoids or delays submission and custody of related articles, in violation of Article 19(1)5;

3. Any person who fails to comply with access control, in violation of Article 19(1)6.

(4) Administrative fines under paragraphs (1) through (3) shall be imposed and collected by the chairperson of the Board, as prescribed by Presidential Decree. <Amended on Jan. 27, 2026>

(5) Matters regarding the procedures for imposition, collection, trial, execution, etc. of administrative fines under paragraphs (1) through (4) shall be governed by the Act on the Regulation of Violations of Public Order. With regard to administrative fines, the chairperson of the Board shall be deemed as an administrative agency defined in subparagraph 2 of Article 2 of the Act on the Regulation of Violations of Public Order. <Added on Jan. 27, 2026>

[Title Amended on May 18, 2021]