Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Aviation and Railway Accident Investigation Act and those necessary for enforcing said Act. <Amended on Feb. 22, 2013>
Article 1-2(Reasons for disqualification of members) #
(1) "Central administrative agencies, local governments, public institutions, and related institutions, corporations, or organizations prescribed by Presidential Decree" in Article 8(1)5 of the Aviation and Railway Accident Investigation Act (hereinafter referred to as the "Act") means the following institutions, corporations, or organizations:
1. The Ministry of Land, Infrastructure and Transport;
2. An aircraft rental service provider defined in subparagraph 16 of Article 2 of the Aviation Business Act;
3. An aircraft ground handling service provider defined in subparagraph 20 of Article 2 of the Aviation Business Act;
4. An ultra-light aircraft rental service provider defined in subparagraph 24 of Article 2 of the Aviation Business Act;
5. A sport and leisure aviation service provider defined in subparagraph 27 of Article 2 of the Aviation Business Act;
6. An airport operator defined in subparagraph 34 of Article 2 of the Aviation Business Act;
7. A local government that has provided financial support to an aviation business operator in accordance with Article 65(2) of the Aviation Business Act;
8. The Korea Civil Aviation Association under Article 68 of the Aviation Business Act.
(2) "Central administrative agencies, local governments, public institutions, and related institutions, corporations, or organizations prescribed by Presidential Decree" in Article 8(1)6 of the Act means the following institutions, corporations, or organizations:
1. The Ministry of Land, Infrastructure and Transport;
2. An urban railroad operator defined in subparagraph 8 of Article 2 of the Urban Railroad Act;
3. A local government to which a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor who has issued a license for urban railroad transportation business in accordance with Article 26 of the Urban Railroad Act belongs.
[This Article Added on Feb. 27, 2026]
Article 1-3(Prohibition of profit-making business) #
A standing member of the Aviation and Railway Accident Investigation Board under Article 4(1) of the Act (hereinafter referred to as the "Board") shall not engage in any of the affairs falling under any of the following subparagraphs in accordance with Article 11-2(1) of the Act if such engagement is likely to unduly influence the performance of his or her duties or impair the efficiency thereof:
1. Affairs clearly involving the pursuit of profit through the independent operation of commercial, industrial, financial, or other profit-making business;
2. Affairs conducted as a director, auditor, general partner, manager, promoter, or other executive officer of a private enterprise engaged in commercial, industrial, financial, or other profit-making business;
3. Investment in a third party's enterprise related to his or her duties;
4. Other affairs conducted for the continuous pursuit of property gain.
[This Article Added on Feb. 27, 2026]
Article 2(Composition of sectoral committee) #
(1) Sectoral committees established under the Board (hereinafter referred to as "sectoral committee") in accordance with Article 13 of the Act shall be as follows: <Amended on Nov. 26, 2024; Feb. 27, 2026>
1. The sectoral committee on aviation;
2. The sectoral committee on railway.
(2) The sectoral committee on aviation under paragraph (1)1 shall deliberate and decide on the following matters regarding aviation accidents, etc.:
1. Matters regarding preparation, etc. of accident investigation reports under Article 25(1) of the Act;
2. Matters regarding safety recommendations, etc. under Article 26(1) of the Act;
3. Other matters regarding aviation accidents, etc. delegated by the Board for deliberation.
(3) The sectoral committee on railway under paragraph (1)2 shall deliberate and decide on the following matters regarding railway accidents: <Amended on Feb. 22, 2013>
1. Matters regarding preparation, etc. of accident investigation reports under Article 25(1) of the Act;
2. Matters regarding safety recommendations, etc. under Article 26(1) of the Act;
3. Other matters regarding railway accidents delegated by the Board for deliberation.
(4) A committee under the subparagraphs of paragraph (1) (hereinafter referred to as "committee") shall be comprised of up to seven members, including the chairperson of the committee (hereinafter referred to as "chairperson of the committee") and one standing member of the committee (hereinafter referred to as "standing member of the committee"). <Amended on Feb. 22, 2013; Nov. 26, 2024>
(5) The chairperson of the Board (hereinafter referred to as the "Chairperson") and the standing member of the Board shall concurrently take the office of the chairperson and the standing member of each committee, respectively, and the members of each committee shall be designated by the Chairperson from among the members of the Board. <Amended on Feb. 22, 2013>
(6) The chairperson of the committee shall represent the committee, and exercise general supervision over its affairs.
Article 3(Meetings of committees) #
(1) The chairperson of a committee shall convene and preside over meetings of the committee.
(2) Meetings of a committee shall adopt resolutions by the concurring vote of a majority of all incumbent members.
(3) Except as provided in this Decree, matters necessary for the operation, etc. of committees shall be determined by the Chairperson.
Article 3-2(Composition of expert committee) #
(1) An expert committee established under the Board in accordance with Article 14(1) of the Act (hereinafter referred as "expert committee") shall be comprised of up to 15 members, including 1 chairperson of the expert committee.
(2) Members of the expert committee shall be commissioned by the chairperson from among persons falling under any of the following subparagraphs, and the chairperson of the expert committee shall be designated by the chairperson from among the members of the expert committee:
1. A person with extensive knowledge of and experience in investigations of aviation accidents, etc. and railway accidents (hereinafter referred to as "aviation and railway accidents, etc.");
2. A person with extensive knowledge of and experience in aviation and railway safety.
(3) Each member of the expert committee commissioned in accordance with paragraph (2) shall hold office for a term of 2 years and may be appointed consecutively only once.
(4) The expert committee shall conduct the following business affairs:
1. Practical advice on the affairs under the subparagraphs of Article 5 of the Act;
2. Preliminary review of the matters subject to the deliberation and resolution by the Board.
(5) Except as provided in paragraphs (1) through (4), matters necessary for the composition, operation, etc. of the expert committee shall be determined by the chairperson.
[This Article Added on Feb. 27, 2026]
Article 4(Commissioning of advisory members) #
(1) The chairperson may commission persons with extensive knowledge of and experience in the relevant field as advisory members in accordance with Article 14(2) of the Act. <Amended on Feb. 22, 2013; Feb. 27, 2026>
(2) The chairperson may request the advisory members to state opinions or to submit written opinions on an accident investigation.
(3) Advisory members shall hold office for a term of 5 years and may be appointed consecutively for further terms.
Article 5(Composition of aviation and railway accident investigation team) #
(1) The investigator-in-charge of the Aviation and Railway Accident Investigation Team under Article 20(1) of the Act (hereinafter referred to as "investigation team") shall be appointed by the chairperson from among accident investigators under Article 16(3) of the Act or employees who conduct affairs related to accident investigation. <Amended on Feb. 27, 2026>
(2) The investigator-in-charge shall exercise general supervision over the affairs concerning the investigation team, and direct and supervise the members of the investigation team.
(3) Where an aviation accident, etc. is related to the operation of military aircraft or military aviation duties (limited to the operation of aircraft, which is done onboard [excluding flight training], air traffic control and operation control) or where an aviation accident, etc. occurs in a military air base, and if an investigation team is established to investigate such accident, the Board shall ensure that persons recommended by the Minister of National Defense from among experts in the field related to the accident participate in the investigation team. <Amended on Feb. 22, 2013>
(4) Except as provided in this Decree, matters necessary for the composition and operation of an investigation team shall be determined by the Chairperson.
Article 6(Hearing of opinions) #
(1) Where the Board intends to hear opinions of the relevant persons under Article 24(1) of the Act, it shall determine the date and place and send written notice thereof at least seven days before hearing their opinions.
(2) Where a relevant person in receipt of notice under paragraph (1) is unable to attend a meeting of the Board due to any unavoidable cause, he or she may submit his or her written opinion in advance (including electronic documents).
(3) When a relevant person in receipt of notice under paragraph (1) neither appears before the Board nor submits his or her opinion in writing without good cause, he or she shall be deemed to have waived the opportunity to state his or her opinion.
Article 7(Publication of accident investigation reports) #
The Board shall publicize accident investigation reports under Article 25(2) of the Act in a way that can be easily accessible by the public such as announcing to the press, posting on the website of the Board, or publishing printed materials.
Article 8(Applicants for information disclosure and scope of information subject to restriction of disclosure) #
(1) The scope of the information the disclosure of which may be restricted in accordance with Article 28(1) of the Act shall be as follows; provided, where the relevant information is related to the analysis of an accident, the details thereof may be included in the accident investigation report under Article 25(1) of the Act: <Amended on Feb. 22, 2013; Nov. 26, 2024; Feb. 27, 2026>
1. Statements received from relevant persons in the course of investigating the accident;
2. Records of communications among persons related to the operation of the aircraft or train;
3. Medical or privacy information on persons related to the aviation accident, etc. or railway accident;
4. Voice recording from the cockpit and train engine room, and transcripts of such records;
5. Video recording from the cockpit and transcripts of such records;
6. Air traffic control recordings and transcripts of such recordings;
7. Opinions presented in the course of analyzing information from flight recorders, train operation recorders, etc.
8. Other information whose disclosure is restricted pursuant to the Convention on International Civil Aviation and the annex thereto.
(2) "Person who has suffered damage to life, body, or property as a result of an aviation or railway accident, etc., or his or her surviving family members, or any other person prescribed by Presidential Decree" in Article 28(2) of the Act means any of the following persons: <Added on Feb. 27, 2026>
1. A person who has suffered damage to life, body, or property as a result of an aviation or railway accident, etc., or his or her surviving family members;
2. A person in a de facto marital relationship with a person who has suffered damage to life, body, or property as a result of an aviation or railway accident, etc.;
3. A person who primarily supported or raised a person who died as a result of an aviation or railway accident, etc. (excluding persons falling under subparagraphs 1 and 2).
[Title Amended on Feb. 27, 2026]
Article 8-2(Entrustment of affairs) #
(1) The Board shall, in accordance with Article 33-2 of the Act, entrust to the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act (hereinafter referred to as the "Korea Transportation Safety Authority") the following affairs regarding ultra-light vehicle accidents defined in subparagraph 8 of Article 2 of the Aviation Safety Act (excluding cases where other aviation accidents, etc. or railway accidents occur concurrently with ultra-light vehicle accidents):
1. Affairs regarding the receipt of notification under Article 17 of the Act;
2. Affairs regarding the commencement, etc. of an accident investigation under Article 18 of the Act;
3. Affairs regarding the conduct, etc. of an accident investigation under Article 19 of the Act;
4. Affairs regarding the composition and operation of the investigation team under Article 20 of the Act;
5. Affairs regarding the request for cooperation from relevant administrative agencies, etc. under Article 22 of the Act;
6. Affairs regarding autopsy, examination, analysis, and test, and the entrustment thereof to relevant experts, specialized institutions, etc. under Article 23 of the Act;
7. Affairs regarding the hearing of opinions of relevant persons, etc. under Article 24 of the Act;
8. Affairs regarding the support for preparation of accident investigation reports and the forwarding thereof under Article 25 of the Act;
9. Affairs regarding the receipt of safety recommendations or suggestions, plans to take actions, and results thereof under Article 26 of the Act;
10. Affairs regarding the resumption of an accident investigation under Article 27 of the Act;
11. Affairs regarding investigation and research activities under Article 29(2) of the Act.
(2) The Korea Transportation Safety Authority shall notify the result of handling the entrusted affairs under paragraph (1) to the Board by the end of the month following the end of each half-year.
[This Article Added on Nov. 26, 2024]
Article 9(Criteria for imposition of administrative fines) #
The criteria for the imposition of administrative fines under Article 38(1) through (3) of the Act shall be as specified in the Appendix. <Amended on Nov. 16, 2021>
[This Article Wholly Amended on Apr. 4, 2011]