Article 1(Purpose) #
The purpose of these Enforcement Regulations is to prescribe the necessary regulations in the implementation of the Act on the Airworthiness Certification of Military Aircrafts and the Enforcement Decree for the Act on the Airworthiness Certification of Military Aircraft.
Article 2(Setting and Modifying Procedures for the Standards of the Airworthiness Certification) #
(1) When the Commissioner of the Defense Acquisition Program Administration establishes the standard Airworthiness Certification criteria (hereinafter "standard airworthiness certification criteria") according to Article 3, Clause 1 of the Act on the Airworthiness Certification of Military Aircrafts, he must receiveapproval from the Superintendent Authority for the Airworthiness Certification under Article 11,Clause 1 of the Act and the special authority for the approval of the military aircraft Airworthiness Certification (hereinafter "Special Authority") under Article 10, Clause 1 of the Act in writing the standard Airworthiness Certification criteriaand must receive approval from the Deliberation Committee of Airworthiness Certification according to Article 7, Clause 1 of the Act.
(2) When the Commissioner of the Defense Acquisition Program Administration deems it necessary to change the standard Airworthiness Certification criteria or is requested by the Chief of the Special Authority and Special Organizations, he/she can alter the criteria following the proceduresprescribed under Clause 1 of this Article. However, if the alteration is insignificant and has no relation to the safety of the aircraft, the deliberation of the Deliberation Committee can be excluded.
Article 3(Application for Airworthiness Certification) #
The head of business operations seeking Airworthiness Certification following Article 5,Clause 1 of the Act must submit an Airworthiness Certification Application including the following information to the Defense Acquisition Program Administration before signing the contract promoting the concerned military aircraft business:
1. Outline of the concerned military aircraft business
2. Applicability of the Standard Airworthiness Criterion
3. Rough outline in receiving the Airworthiness Certification for the concerned military aircraftbusiness
4. And any other information determined necessary by the Commissioner of the Defense Acquisition Program Administration.
Article 4(Deciding Gradual Approval of Airworthiness Certification) #
(1) The Commissioner of the Defense Acquisition Program Administration must establish the procedural Airworthiness Certification Process for the concerned military aircraft business under the following category in respect to the provisions prescribed under Article 5, Clause 6 of the Act:
1. Fulfillment: Refers to the fulfillment of the Airworthiness Certification standards for each business and military aircraft (hereinafter "Airworthiness Certification Standard for Business and Aircraft Type") prescribed under Article 5, Clause 2 of the Act and ready for the next stage of Airworthiness Certification.
2. Non-Fulfillment: Refers to the non-fulfillment of the Airworthiness Certification standards for each business and military aircraft prescribed under Article 5, Clause 2 of the Act, and is unqualified to be subject to the next stage of the Airworthiness Certification tests.
(2) In the case of Non-Fulfillment prescribed under Clause 1,Paragraph 2 of this Article, the Commissioner of the Defense Acquisition Program Administration must notify the head of the business operations to fulfill the necessary requirements, and can reexamine the improvements after obtaining approval from the Deliberation Committee.
Article 5(Issuance of Airworthiness Certification) #
(1) When the Commissioner of the Defense Acquisition Program Administration decides that the said business operation satisfied the Airworthiness Certification standards for each business and military aircraft, he/she must issue the Airworthiness Certification as indicated under Index 1 to the applying heads of business operations seeking Airworthiness Certification.
(2) Business operations seeking additional issuance of the Airworthiness Certification indicated under Index 1 must submit the following additional issuance application formsof Airworthiness Certification to the Commissioner of the Defense Acquisition Program Administration:
1. Information of the Applicant
2. Classification of Airworthiness Certification
3. Form and model of concerned military aircraft
4. Information of the manufacturer and designer
5. Purpose of application
(3) The Commissioner of the Defense Acquisition Program Administration must issue the Airworthiness Certification prescribed under Index 1 within ten (10) days after receiving the application fulfilling the requirements prescribed under Clause 2 of this Article.
Article 6(Service Charge) #
(1) When issuing the Airworthiness Certification under Article 5,Clause 1 concerning exporting military aircrafts prescribed under Article 6 of the Act, the Commissioner of the Defense Acquisition Program Administration can demand a commission fee, not to exceed 1/10,000 of the estimated exporting cost of the said military aircraft and direct costs relating to the issuance of the Airworthiness Certification. In this situation, the cost necessary in issuing the Airworthiness Certification shall be determined according to the "Regulations on the Travel Expenses of Public Officials."
(2) If the Commissioner of the Defense Acquisition Program Administration finds it necessary to increase the exporting competitiveness, he/she could exempt part or all of the commission costs prescribed under Clause 1 of this Article.
Article 7(Detailed Criteria for the Appointment of Special Authorities) #
The "organizations with the professionalhuman resources, equipment, and facilities necessary in conducting the Airworthiness Certification business prescribed through the Decree of the Ministry of Defense" prescribed under Article 8, Clause 1,Paragraph 2 of the Enforcement Decree on the Act on the Airworthiness Certification of Military Aircrafts (hereinafter "Decree") refers to organizations fulfilling one of the following:
1. The design, interpretation and verification of military aircrafts, and ground and flight tests under Article 8, Clause 2, Paragraph 1 of the Decree: Organizations fulfilling the requirements prescribed under Appendix 1
2. Verifying the appropriateness and agreement of the design and standards of the military aircraft during the developmentand manufacturing process under Article 8, Clause 2, Paragraph 2 of the Decree: Organizations fulfilling the requirements prescribed under Appendix 2.
3. Verifying the design of control centers, air-flight/maintenance manuals, flight-safety, and execution and support of experiment flights under Article 8, Clause 2, Paragraph 3 of the Decree: Organizations fulfilling the requirements prescribed under Appendix 3.
Article 8(Appointment of Special Education Institutions, etc.) #
(1) Person requesting the assignment of Professional Educational Institute of Airworthiness Certification (hereinafter "Professional Education Institution") under Article 9,Clause 2 of the Decree must attach the following information to the Professional Educational Institute for Airworthiness Certification application form and submit it to the Commissioner of the Defense Acquisition Program Administration:
1. Curriculum and method of education
2. Qualifications and profession of the educator and the total number of enrolled students
3. Current status of educational facilities and equipment
4. Method of educational evaluation
5. Annual educational program
6. Regulations for the operation of a Professional Educational Institution
(2) The Commissioner of the Defense Acquisition Program Administration must notify the applicant with the results of theapplication within one month from the receipt of the application from the concerned educationalinstitution.
(3) The Chief of Professional Educational Institution designated through Clause 2 of this Article, must submit the list of graduates and results of the evaluation to the Commissioner of the Defense Acquisition Program Administration after the completion of the Airworthiness Certification education commissioned by the Commissioner of the Defense Acquisition Program Administration under Article 9, Clause 2.
(4) The Chief of Professional Educational Institution must notify the Commissioner of the Defense Acquisition Program Administration with any changes made to the requirements listed under Clause 1 of this Article.
(5) The Commissioner of the Defense Acquisition Program Administration must conduct an annual evaluation of the education provided by the Professional Educational Institution, and if he/she determines that the saidinstitution failed to fulfill the requirements, he/she has the power to cancel the appointment.
Article 9(Management of Airworthiness Certificate related Data) #
(1) The Commissioner of the Defense Acquisition Program Administration can request from the Chief of the Special Authorities the newest version of Airworthiness Certification in accordance with Article 11, Clause 2, Paragraph 3 of the Act, and the receiving chief must make the necessary adjustments and notify the Commissioner of the Defense Acquisition Program Administration of the revision.
(2) When the Chief of the Special Authority seeks to provide any information on the Airworthiness Certification to other authoritiesother than the specified professional institution, he/she must receive prior approvalfrom the Commissioner of the Defense Acquisition Program Administration.