AVIATION BUSINESS ACT

영문법령 불러오는 중…

AVIATION BUSINESS ACT — 법갈피

Article 3(Formulation of master plans for aviation policy) #

(1) The Minister of Land, Infrastructure and Transport shall formulate master plans (hereinafter referred to as "master plan for aviation policy") for national aviation policy (excluding matters concerning support for and the nurturing of the aerospace industry under the Aerospace Industry Development Promotion Act; hereinafter the same shall apply) every five years.

(2) Master plans for aviation policy shall include the following:

1. Changes and the outlook of the environment of domestic and international aviation policy;

2. Goals of national aviation policy, its strategic plan and implementation plan thereof by phase;

3. Matters concerning the nurturing of the aviation industry, such as domestic air transport services and aircraft maintenance services, and strengthening of competitiveness;

4. Matters concerning the efficient development and operation of airports;

5. Matters concerning the protection of air transport users and for improvement of the services;

6. Matters concerning the development of technologies related to the aviation industry, such as training of aviation professionals, aviation safety technologies, and aircraft maintenance technologies;

7. Matters concerning the safety management of air traffic;

8. Matters concerning aviation security;

9. Matters concerning revitalization of sport and leisure aviation;

10. Other matters necessary for the promotion of the aviation industry, such as air transport services and aircraft maintenance services.

(3) Master plans for aviation policy shall take precedence over master plans for aviation security referred to in Article 9 of the Aviation Security Act, master plans for aviation safety policy referred to in Article 6 of the Aviation Safety Act, and comprehensive plans for airport development referred to in Article 3 of the Airport Facilities Act, and shall become the basis for those plans.

(4) Where the Minister of Land, Infrastructure and Transport intends to formulate a master plan for aviation policy or to modify any important matters prescribed by Presidential Decree, he or she shall consult with the heads of related central administrative agencies and the Special Metropolitan City Mayor, a Metropolitan City Mayor, Metropolitan Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor").

(5) Where the Minister of Land, Infrastructure and Transport formulates or modify a master plan for aviation policy, he or she shall publish in the Official Gazette notice of details thereof, and notify the heads of related central administrative agencies and the Mayor/Do Governor of the details thereof.

(6) The Minister of Land, Infrastructure and Transport shall formulate annual action plans for the implementation of master plans for aviation policy.

Article 4(Establishment and operation of Aviation Policy Committee) #

(1) The Aviation Policy Committee (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Minister of Land, Infrastructure and Transport in order to deliberate on the following:

1. Formulation and modification of master plans for aviation policy;

2. Formulation and modification of annual action plans under Article 3 (6);

3. Matters concerning the formulation of a master plan for airport development under Article 4 (1) of the Airport Facilities Act;

4. Matters concerning important policies concerning the development of an airport or aerodrome exceeding a certain size prescribed by Presidential Decree and the raising of funds;

5. Matters concerning cooperation among related government agencies in relation to the development of an airport or aerodrome, which are brought up for deliberation by the Chairperson of the Committee;

6. Other important matters concerning aviation policy and matters concerning the development of an airport or aerodrome, which are brought up for deliberation by the Chairperson of the Committee.

(2) The Committee shall be comprised of approximately 20 members, including one chairperson.

(3) The Minister of Land, Infrastructure and Transport shall be the Chairman of the Committee, and the following persons shall serve as members of the Committee:

1. Vice Ministers of administrative agencies prescribed by Presidential Decree;

2. Up to 13 persons appointed by the Minister of Land, Infrastructure and Transport, who have extensive knowledge and experience in aviation.

(4) The term of office of members of the Committee referred to in paragraph (3) 2 shall be two years.

(5) Working committees may be established within the Committee to conduct specialized research on and prior review of items on the agenda to be submitted to the Committee and to handle affairs delegated by the Committee.

(6) In addition to matters provided for in paragraphs (1) through (5), matters concerning the composition, operation, etc. of the Committee and working committees shall be prescribed by Presidential Decree.

(7) Where a member of the Committee falls under any of the following, he or she shall be disqualified from deliberation on the relevant item on the agenda subject to deliberation:

1. If the member or a corporation, organization or any other entity to which the member belongs has an interest in the relevant agenda item;

2. If any of the member's family members (referring to family members defined in Article 779 of the Civil Act) is an interested party;

3. If the member is found, on any other ground, to have a direct interest in the committee's resolution.

(8) Where the circumstances indicate that it would be impracticable to expect fair deliberation and decisions of a member, any party may file a request for a challenge to the member with the Committee. In such cases, where the Committee deems such request appropriate, it shall decide whether or not to accept the request by resolution.

(9) Where a member of the Committee falls under paragraph (7) or (8), he or she shall refrain from deliberations on the relevant item on the agenda subject to deliberation by himself or herself.

Article 6(Informatization of aviation business) #

(1) The Minister of Land, Infrastructure and Transport may implement the following projects in order to electronically handle affairs concerning the management, utilization, and provision of information related to aviation:

1. Creation and operation of a flight information system for management of operation and flight information;

2. Creation and operation of an aviation logistics information system for the management of information about aviation logistics;

3. Creation and operation of an aviation information portal system for the provision of information related to air transportation and the aviation industry;

4. Creation and operation of a regular remote examination system for the management of information about examinations for certification of competency of persons engaged in aviation;

5. Creation and operation of an aviation personnel training program informatization system for training and management of aviation personnel;

6. Other projects prescribed by Presidential Decree deemed necessary to electronically handle affairs related to aviation.

(2) In order to implement projects referred to in paragraph (1), the Minister of Land, Infrastructure and Transport may request the heads of related central administrative agencies, aviation operators referred to in Article 65 (1), airport operators and the heads of institutions and organizations related to aviation to submit necessary data, such as computerized information about resident registration (including personally identifiable information, such as resident registration numbers and alien registration numbers) and a manifest. In such cases, those requested to provide data shall comply with such request unless any extenuating circumstance exists.

(3) If deemed necessary, the Minister of Land, Infrastructure and Transport may fully or partially entrust projects referred to in paragraph (1) to a related specialized institution, as prescribed by Presidential Decree.

(4) In addition to matters provided for in paragraphs (1) through (3), matters necessary for informatization of the aviation business shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

Article 7(Domestic air transport services and international air transport services) #

(1) A person who intends to operate domestic air transport services or international air transport services shall obtain a license from the Minister of Land, Infrastructure and Transport; provided, where he or she has obtained a license to operate international air transport services, he or she shall be deemed to have obtained a license to operate domestic air transport services.

(2) Where a person who has obtained a license referred to in paragraph (1) intends to operate scheduled flights, he or she shall obtain permission to operate flights on each route from the Minister of Land, Infrastructure and Transport.

(3) Where a person who has obtained a license referred to in paragraph (1) intends to operate non-scheduled flights, he or she shall obtain permission from the Minister of Land, Infrastructure and Transport.

(4) A person who intends to obtain a license referred to in paragraph (1) shall submit an application to the Minister of Land, Infrastructure and Transport accompanied by a plan for business operation, and a person who intends to obtain permission referred to in paragraph (2) shall submit an application to the Minister of Land, Infrastructure and Transport accompanied by a business plan.

(5) Where the Minister of Land, Infrastructure and Transport intends to issue a license pursuant to paragraph (1) or to revoke a license pursuant to Article 28, he or she shall make a decision after hearing opinions of related experts and interested persons.

(6) Where a person who has obtained a license or permission referred to in paragraphs (1) through (3) intends to modify any important matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport among the details thereof, he or she shall obtain a license or permission to make the modification.

(7) Matters concerning procedures for granting a license, permission, license to make an alteration, and permission to make an alteration, the submission of relevant documents, such as a license, and matters necessary for gathering opinions under paragraphs (1) through (6) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

Article 8(Criteria for granting license to operate domestic air transport services and international air transport services) #

(1) Criteria for granting a license to operate domestic air transport services or international air transport services shall be as follows:<Amended on Aug. 27, 2019>

1. The relevant business shall not be likely to compromise the safety of air transportation based on such considerations as the safety of aircraft, the plan to secure human resources including flight crew;

2. The relevant business shall be appropriate for the convenience of users when taking into account the current status and prospect of the aviation market;

3. A person who intends to obtain a license shall have the financial capability to conduct the relevant business in accordance with the criteria prescribed by Presidential Decree, such as operating expenses for a certain period;

4. A person who intends to obtain a license shall meet the following requirements:

(a) Capital shall be at least five billion won, exceeding the amount prescribed by Presidential Decree;

(b) He or she shall meet the criteria prescribed by Presidential Decree, such as ownership of at least one aircraft;

(c) He or she shall meet the requirements prescribed by Decree of the Ministry of Land, Infrastructure and Transport, which are necessary to conduct business.

(2) A domestic air operator or an international air operator shall meet the criteria for license referred to in paragraph (1) before the first operation of aircraft after he or she obtains a license pursuant to Article 7 (1), and shall continuously meet the criteria thereafter.

(3) In order to verify whether a person who has obtained a license meets the criteria for granting the license referred to in paragraph (2), the Minister of Land, Infrastructure and Transport may request him or her to submit necessary data, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(4) Where a case falling under any of the subparagraphs of Article 9 occurs or any significant managerial change occurs as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, such as a change to large shareholders, a domestic air operator or international air operator shall immediately notify the Minister of Land, Infrastructure and Transport thereof.

Article 10(Small-scale air transport services) #

(1) A person who intends to operate small-scale air transport services shall register his or her business with the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(2) A person who intends to register the business of operating small-scale air transport services under paragraph (1) shall meet the following requirements:

1. Capital or the assessed value of assets shall be at least 700 million won, exceeding the amount prescribed by Presidential Decree;

2. He or she shall meet the criteria prescribed by Presidential Decree, such as ownership of at least one aircraft;

3. He or she shall meet other requirements prescribed by Ministerial Decree of the Land, Infrastructure and Transport, which are required to operate air rental services.

(3) Where a person who has registered a business of operating small-scale air transport services pursuant to paragraph (1) intends to operate scheduled flights, he or she shall obtain permission to operate flights on each route from the Minister of Land, Infrastructure and Transport, and where he or she intends to operate non-scheduled flights, he or she shall report non-scheduled flights to the Minister of Land, Infrastructure and Transport.

(4) A person who intends to obtain registration, make a report or obtain permission pursuant to paragraphs (1) through (3) shall submit an application stating the scheduled date of commencement of flights, etc., to the Minister of Land, Infrastructure and Transport accompanied by a business plan and other documents prescribed by Decree of the Ministry of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(5) Where a person who intends to obtain registration, make a report or obtain permission pursuant to paragraphs (1) through (3) intends to modify any important matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport among the details thereof, he or she shall register for modification, report modification, or obtain permission for modification from the Minister of Land, Infrastructure and Transport.

(6) Matters concerning procedures, etc. for registering, reporting, obtaining permission, registering for any modification, reporting any modification and obtaining permission for any modification pursuant to paragraphs (1) through (5) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(7) Article 9 shall apply mutatis mutandis to the grounds for disqualification for registering a business of operating small-scale air transport services.

Article 11(Emergency response plan for aviation accident) #

(1) Where a person who intends to obtain a license to operate domestic air transport services and international air transport services pursuant to Article 7 (1) or who intends to register a business of operating small-scale air transport services pursuant to Article 10 (1) files an application for a license or registration, he or she shall submit such application to the Minister of Land, Infrastructure and Transport accompanied by a plan for assisting passengers on board and their families related to an aviation accident (hereinafter referred to as "emergency response plan for aviation accident") under subparagraph 6 of Article 2 of the Aviation Safety Act, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(2) An emergency response plan for aviation accident shall include the following:

1. Matters concerning the establishment and operation of an aviation accident countermeasure headquarters;

2. Matters concerning the rescue of victims and procedures for compensation;

3. Matters concerning the identification, confirmation, management, and delivery of remains and belongings;

4. Matters concerning notification to and assistance for families of victims;

5. Other matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(3) Where the Minister of Land, Infrastructure and Transport deems the details of an emergency response plan for aviation accident inadequate to promptly deal with the aviation accident, he or she may order an applicant to supplement or modify the details thereof.

(4) Where an aviation accident referred to in subparagraph 6 of Article 2 of the Aviation Safety Act occurs, an air operator shall without delay implement matters included in an emergency response plan for aviation accident.

(5) The Minister of Land, Infrastructure and Transport shall not grant a license referred to in Article 7 (1) to or accept registration referred to in Article 10 (1) of a person who fails to submit an emergency response plan for aviation accident or who fails to comply with an order to supplement or modify under paragraph (3).

Article 12(Modification of business plan) #

(1) An air operator shall operate air transport services in accordance with a business plan which he or she submitted when he or she applied for a business license, registration or permission to operate flights on routes or a business plan for which modification was authorized or reported; provided, the foregoing shall not apply where it is difficult for him or her to operate air transport services in accordance with the business plan for any of the following reasons:

1. Worsening weather;

2. Unforeseen maintenance, which is maintenance for the safe operation of flights;

3. Act of God;

4. Flight connections (limited to unavoidable cases prescribed by Decree of the Ministry of Land, Infrastructure and Transport);

5. Unavoidable reasons corresponding to subparagraphs 1 through 4.

(2) Where an air operator falls under the proviso of paragraph (1), he or she shall report the case to the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(3) Where an air operator intends to modify a business plan under paragraph (1), he or she shall obtain authorization from the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport; provided, where he or she intends to modify any minor matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport, he or she shall report modification thereof to the Minister of Land, Infrastructure and Transport.

(4) Notwithstanding paragraph (3), where a person who intends to operate flights for any of the following non-business purposes submits a flight plan under Article 67 (2) 4 of the Aviation Safety Act to the Minister of Land, Infrastructure and Transport, he or she shall be deemed to have obtained authorization for the modification of his or her business plan:

1. Ferry flight for the maintenance of an aircraft;

2. Test flight to examine the performance of an aircraft after the maintenance of the aircraft;

3. Flight of an aircraft that returned to an alternate airport to a destination airport;

4. Flight to transport people or cargo, such as rescuers or emergency relief supplies, without compensation.

(5) Article 8 (1) shall apply mutatis mutandis to criteria for authorizing modification of a business plan under paragraph (3).

Article 18(Allocation of slots) #

(1) The Minister of Land, Infrastructure and Transport may allocate or adjust departure or arrival of aircraft (hereinafter referred to as "slot") upon request of air operators for the efficient operation of airports prescribed by Decree of the Ministry of Land, Infrastructure and Transport, such as Incheon International Airport under Article 10 (1) 1 of the Incheon International Airport Corporation Act, and the smooth operation of aircraft. <Amended on Nov. 26, 2019>

(2) Notwithstanding paragraph (1), the Minister of Land, Infrastructure and Transport may allocate or adjust slots ex officio for the public welfare to ensure, among others, public interest, safety, or convenience of use of aviation in any of the following cases. <Added on Nov. 26, 2019>

1. Where airport operations are disrupted or likely to be disrupted because of an act of God damaging the airport facilities or other conditions similar thereto;

2. Where an aviation safety incident occurs or is likely to occur;

3. Where a serious imbalance of aviation services between different regions is recognized to undermine the balanced regional development;

4. Where drastic changes in the aviation demand causes or are likely to cause a serious disruption in the provision of aviation services;

5. Where a concentration of slots or the like causes disruptions in airport operations;

6. Where an air operator engages in unfair practices or wrongful acts in connection with allocating or operating slots;

7. Where it is deemed fairly impractical for an air operator to deliver the air transport service, based on the results of regular evaluation of its services or safety;

(3) In allocating slots under paragraph (1) or (2), the Minister of Land, Infrastructure and Transport shall take into account such factors as the size of airport facilities and the passenger capacity of the airport. <Amended on Nov. 26, 2019>

(4) If necessary for allocating or adjusting slots under paragraph (1) or (2) the Minister of Land, Infrastructure and Transport may impose conditions or time limits or adjust the conditions or time limits already imposed. <Added on Nov. 26, 2019>

(5) Where an air operator fails to fully or partially use the slots allocated pursuant to paragraph (1) or (2), the Minister of Land, Infrastructure and Transport may withdraw the slots for improving the utilization of slots, efficient operation of airports, facilitating the operation of aircraft, ensuring the safety of air transportation, protection of air transport users, improvement of aviation services, etc. <Amended on Nov. 26, 2019>

(6) Applications for allocating slots, and criteria for and methods of allocation, adjustment and withdrawal thereof referred to in paragraphs (1) through (5), and other necessary matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Nov. 26, 2019>

(7) Where an air operator intends to exchange the slots allocated under paragraph (1) or (2) with those allocated to another air operator, he or she shall obtain authorization from the Minister of Land, Infrastructure and Transport. <Added on Nov. 26, 2019>

(8) Filing an application for authorization under paragraph (7), standards for authorization, and other matters necessary for the exchange of slots shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Nov. 26, 2019>

Article 24(Suspension of air transport services and suspension of flights on routes) #

(1) Where an air operator falls under any of the following, he or she shall obtain permission from the Minister of Land, Infrastructure and Transport; provided, where an international air operator intends to suspend domestic air transport services (including the suspension of flights on domestic routes), he or she shall report to the Minister of Land, Infrastructure and Transport:

1. Where an international air operator intends to suspend international air transport services (including the suspension of flights on international routes);

2. Where a small-scale air operator intends to suspend flights on international routes.

(2) Criteria for granting permission to suspend air transport services or to suspend flights on routes under the main clause of paragraph (1) shall be as follows:

1. No reservation for a flight shall be made for the scheduled period of suspension of air transport services or suspension of flights on routes, or where reservations for flights have been made, such measures as provision of alternative flights shall be taken;

2. Suspension of air transport services or suspension of flights on routes shall not cause significant inconvenience to users or undermine public interest.

(3) Where a domestic air operator or small-scale air operator intends to suspend air transport services (including the suspension of flights on routes, but excluding the suspension of flights on international routes), he or she shall report to the Minister of Land, Infrastructure and Transport.

(4) The period of suspension of air transport services or suspension of flights on routes under paragraphs (1) and (3) shall not exceed six months; provided, the period of suspension of flights on routes on which it is possible for an air operator to provide flights without any limitation on flight routes, capacity entitlements, etc. under an air services agreement with a foreign country shall not exceed 12 months.

(5) Notwithstanding paragraph (4), where the Minister of Land, Infrastructure and Transport deems that it is impracticable to resume flights due to an unavoidable cause, such as an act of God, infectious disease, or war, he or she may extend the relevant period of suspension of flights. <Added on Dec. 7, 2021>

Article 28(Revocation of license to operate air transport services) #

(1) Where an air operator falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke the license or registration thereof, or order him or her to fully or partially suspend operation within a fixed period not exceeding six months; provided, where he or she falls under subparagraph 1, 2, 4 or 21, he or she shall have his or her license or registration thereof revoked: <Amended on Aug. 9, 2017; Aug. 27, 2019; Nov. 26, 2019>

1. Where he or she has obtained a license or registration by fraud or other improper means;

2. Where he or she fails to implement matters licensed pursuant to Article 7 or matters registered pursuant to Article 10;

3. Where he or she fails to meet criteria for granting a license under Article 8 (1) or criteria for registration under Article 10 (2); provided, the foregoing shall not apply where he or she falls under any of the following:

(a) Where he or she temporarily fails to meet criteria for granting a license or registration, but meets the criteria thereof within three months;

(b) Where a court decides to commence rehabilitation procedures pursuant to the Debtor Rehabilitation and Bankruptcy Act, and the procedure is being performed;

(c) Where a council of financial creditors passes a resolution calling for the commencement of a joint administrative proceeding by creditor financial institutions, and the proceeding is underway;

4. Where an air operator falls under any of the subparagraphs of Article 9; provided, the foregoing shall not apply where he or she falls under any of the following:

(a) Where a corporation that falls under subparagraph 6 of Article 9 appoints another executive officer who is free from grounds for disqualification within three months in lieu of the relevant executive officer;

(b) Where a successor transfers a business of operating air transport services to another person within three months from the date on which his or her predecessor is deceased;

5. Where he or she fails to conduct business in accordance with a business plan under the main clause of Article 12 (1), or fails to report under paragraph (2) of the same Article or makes a false report;

6. Where he or she modifies a business plan without authorization or report pursuant to Article 12 (3);

7. Where he or she fails to obtain authorization of airfares and airfreight fees or authorization for modification thereof, or to make the report or the report on modification thereof, and where he or she fails to implement matters authorized or reported, in violation of Article 14 (1);

8. Where he or she fails to obtain authorization for an air transport agreement or a cooperation agreement, or authorization for modification thereof, or to make the report or make the report on modification thereof, and where he or she fails to implement matters authorized or reported, in violation of Article 15;

9. Where he or she allows another person to conduct business by using his or her name or trade name, or lends a license or certificate of registration to another person, in violation of Article 20;

10. Where he or she transfers or takes over a business without authorization or report, in violation of Article 21 (1);

11. Where he or she merges the business with another business without authorization or report, in violation of Article 22 (1);

12. Where he or she fails to report on succession, in violation of Article 23 (2);

13. Where he or she suspends his or her business without obtaining permission or making a report, or fails to recommence his or her business after the period of suspension expires, in violation of Article 24 (1) or (3);

14. Where he or she fails to fulfill requirements, etc. for obtaining a license, etc. imposed pursuant to Article 26 (1);

15. Where he or she fails to comply with an order to improve operations under subparagraph 1, 2, 4, or 6 of Article 27;

16. Where damage to safety or users prescribed by Presidential Decree is likely to occur because at least half of the capital impairment continues for at least two years after an order to improve operations under subparagraph 8 of Article 27;

17. Where he or she allows an aircraft to be in the movement area in excess of the time specified in Article 61-2 (1), in violation of the same paragraph;

18. Where he or she fails to keep the stipulations of transportation, etc. or to make them available to air transport users for perusal, in violation of Article 62 (4);

19. Where he or she fails to provide the total amount of an airfare, etc. to air transport users so that they can easily understand the total amount, in violation of Article 62 (5);

20. Where there exists an obvious reason to endanger the national security or social public order;

21. Where he or she conducts business during the period of suspension of operation, in violation of an order to suspend operation under this Article;

22. Where material defects are discovered during an inspection conducted under Article 90 (1) of the Aviation Safety Act.

(2) Criteria and procedures for imposing dispositions under paragraph (1) and other necessary matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

Article 40(Revocation of registration of aircraft rental services) #

(1) Where an aircraft rental service provider falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke the registration thereof or require him or her to fully or partially suspend operation within a fixed period not exceeding six months; provided, where he or she falls under subparagraph 1, 2, 4, 13 or 15, the Minister of Land, Infrastructure and Transport shall revoke the registration thereof: <Amended on Jan. 17, 2017; Aug. 9, 2017>

1. Where he or she has obtained registration by fraud or other improper means;

2. Where he or she fails to implement matters registered pursuant to Article 30 (1);

3. Where he or she fails to meet criteria for registration under Article 30 (2); provided, the foregoing shall not apply where he or she falls under any of the following:

(a) Where he or she temporarily fails to meet criteria for registration, but meets the criteria therefor within three months;

(b) Where a court decides to commence rehabilitation procedures pursuant to the Debtor Rehabilitation and Bankruptcy Act, and the procedure is being performed;

(c) Where a council of financial creditors passes a resolution calling for the commencement of a joint administrative proceeding by creditor financial institutions, and the proceeding is underway;

4. Where an aircraft rental service provider falls under any of the subparagraphs of Article 9; provided, the foregoing shall not apply where he or she falls under any of the following:

(b) Where a successor transfers the business of operating aircraft rental services to another person within three months from the date on which his or her predecessor dies;

4-2. Where he or she fails to purchase guarantee insurance, etc. or to make a security deposit, in violation of Article 30-2 (1);

5. Where he or she fails to conduct business in accordance with a business plan, in violation of Article 32 (1), and where he or she modifies a business plan without authorization or report pursuant to paragraph (2) of that Article;

6. Where he or she requires another person to conduct business by using his or her name or trade name, or lends his or her certificate of registration to another person, in violation of Article 33;

7. Where he or she transfers or takes over his or her business without making a report, in violation of Article 34 (1);

8. Where he or she fails to report merger, in violation of Article 35 (1);

9. Where he or she fails to report succession of a relevant business, in violation of Article 36 (2);

10. Where he or she suspends operation without report and fails to resume operation even after the suspension period of operation expires, in violation of Article 37 (1) and (2);

11. Where he or she fails to comply with an order to improve operations under subparagraph 1 or 3 of Article 39;

12. Where he or she fails to keep an airfare table, etc. or to make it available to air transport users for perusal, in violation of Article 62 (6);

13. Where he or she operates flights during a suspension period of operation, in violation of an order to suspend the operation of aircraft under Article 95 (2) of the Aviation Safety Act;

14. Where there exists an obvious cause for concern for endangering of the national security or social public order;

15. Where he or she conducts business during the period of suspension of operation, in violation of an order to suspend operation under this Article.

(2) Criteria and procedures for imposing dispositions under paragraph (1) and other necessary matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

Article 48(Registration for ultra-light aircraft rental services) #

(1) A person who intends to operate ultra-light aircraft rental services shall register his or her business with the Minister of Land, Infrastructure and Transport by submitting an application to him or her accompanied by a business plan and other documents prescribed by Decree of the Ministry of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. Where the person intends to modify any matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport among matters he or she has registered, he or she shall report modification thereof to the Minister of Land, Infrastructure and Transport.

(2) A person who intends to register a business of operating ultra-light aircraft rental services under paragraph (1) shall meet the following requirements: <Amended on Dec. 2, 2016>

1. Capital or the assessed value of assets shall be at least 30 million won, exceeding the amount prescribed by Presidential Decree; provided, the foregoing shall not apply where he or she intends to operate ultra-light aircraft rental services by using only unmanned aerial vehicles whose maximum gross takeoff weight does not exceed 25 kilograms;

2. He or she shall meet standards prescribed by Presidential Decree, such as ownership of at least one ultra-light aircraft;

3. He or she shall meet other requirements prescribed by Ministerial Decree of the Land, Infrastructure and Transport, which are required to operate air rental services.

(3) No person who falls under any of the following shall register a business of operating ultra-light aircraft rental services: <Amended on Dec. 26, 2017>

1. A person who falls under any of the subparagraphs of Article 9;

2. A person in whose case two years have not passed since the registration of a business of operating ultra-light aircraft rental services was revoked; provided, this shall not apply to any person whose registration for ultra-light aircraft rental services was revoked under Article 49 (8) for falling under subparagraph 2 of Article 9.

Article 50(Registration of business of operating sport and leisure aviation services) #

(1) A person who intends to operate sport and leisure aviation services shall register his or her business with the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. Where the person intends to modify any matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport among matters he or she has registered, he or she shall report modification thereof to the Minister of Land, Infrastructure and Transport.

(2) A person who intends to register a business of sport and leisure aviation services under paragraph (1) shall meet the following requirements:

1. Capital or the assessed value of assets shall be at least 30 million won, exceeding the amount prescribed by Presidential Decree;

2. He or she shall meet standards prescribed by Presidential Decree, such as ownership of at least one aircraft, light sport aircraft, or ultra-light aircraft;

3. He or she shall meet other requirements prescribed by Ministerial Decree of the Land, Infrastructure and Transport, which are required to operate air rental services.

(3) None of the following persons shall file for registration for sport and leisure aviation services: <Amended on Dec. 26, 2017>

1. A person who falls under any of the subparagraphs of Article 9;

2. A person in whose case two years have not passed since the registration for aircraft ground handling services, aircraft maintenance services, or sport and leisure aviation services (limited to services applicable thereto among services under the items of subparagraph 26 of Article 2) was revoked; provided, this shall not apply to any person whose registration was revoked under Article 43 (7), 45 (7), or 51 (7) for falling under subparagraph 2 of Article 9.

(4) Where sport and leisure aviation services fall under any of the following, the Minister of Land, Infrastructure and Transport may restrict the registration for the sport and leisure aviation services:

1. Where an accident related to the safety of sport and leisure aviation activities is likely to occur and sport and leisure aviation services are likely to cause serious inconvenience to users or to harm the public interest;

2. Where the Minister of Land, Infrastructure and Transport deems business activities inappropriate when taking into consideration the population density of an area, privacy infringement, traffic, noise, the surrounding environment, etc.;

3. Where the Minister of Land, Infrastructure and Transport deems restrictions on the registration for sport and leisure aviation services necessary for aviation safety, accident prevention, etc.

Article 53(Provisions applied mutatis mutandis to courier services) #

(1) Article 28 (only applicable to paragraph (1) 18 of the same Article) and 29 shall apply mutatis mutandis to keeping the stipulations of transportation, etc. of general sales agency and penalty surcharges thereon. In such cases, "revocation of a license or registration" provided for in the main clause and proviso, with the exception of its subparagraphs, of Article 28 (1) shall be construed as "closure of a place of business," and "five billion won" provided for in the main clause of Article 29 (1) shall be construed as "300 million won". <Amended on Nov. 26, 2019>

(2) Article 33 shall apply mutatis mutandis to prohibition against lending the name of courier services, etc. In such cases, "certificate of registration" shall be construed as "certificate of report".

(3) Article 34 shall apply mutatis mutandis to transfer or takeover of courier services, etc.

(4) Article 35 shall apply mutatis mutandis to a merger of courier services, etc.

(5) Article 36 shall apply mutatis mutandis to the succession of courier services, etc.

(6) Article 37 and 38 shall apply mutatis mutandis to the suspension and discontinuation of operation of courier services, etc.

(7) Article 39 (excluding subparagraph 3 of the same Article) shall apply mutatis mutandis to orders to improve operation of courier services, etc.

(8) Article 40 (excluding paragraph (1) 3, 4, 4-2, 12, and 13 of the same Article) shall apply mutatis mutandis to the closure of a place of business or suspension of operation of courier services, etc. In such cases, "revocation of registration" provided for in the main clause and proviso, with the exception of the subparagraphs, of Article 40 (1) shall be construed as "closure of a place of business". <Amended on Jan. 17, 2017>

(9) Article 41 shall apply mutatis mutandis to the imposition of penalty surcharges on the business of courier services, etc. In such cases, "one billion won" provided for in Article 41 (1) shall be construed as "300 million won".

Article 54(Permission to operate international air transport services provided by foreigners) #

(1) Notwithstanding Article 7 (1) and (10) 1, any of the following persons may operate passenger or cargo air transport services in compliance with the demand of others by operating flights (including flights between regions in the Republic of Korea operated in relation to such flights) falling under any of the subparagraphs of Article 100 (1) of the Aviation Safety Act for remuneration after obtaining permission from the Minister of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport may permit him or her to operate air transport services by restricting the frequency of flights and the type of aircraft to use to the extent that such operation does not interfere with the development of international aviation of domestic air transport services:

1. A person who is not a citizen of the Republic of Korea;

2. A foreign government or foreign public organization;

3. A foreign corporation or organization;

4. A corporation where a person falling under any of subparagraphs 1 through 3 holds at least half of the shares or equity stakes thereof or essentially controls the business thereof; provided, where an air services agreement entered into by the Republic of Korea and the relevant country (including the United Nations or an economic community) stipulates otherwise, the air services agreement shall apply thereto;

5. A corporation in whose case a foreigner is the representative in the certificate of corporate registration, or foreigners account for at least half of the number of executive officers in the certificate of corporate registration; provided, where an air services agreement entered into by the Republic of Korea and the relevant country (including the United Nations or an economic community) stipulates otherwise, the air services agreement shall apply thereto.

(2) Criteria for granting permission referred to in paragraph (1) shall be as follows:

1. A foreigner shall be a person designated as an international air operator by the relevant country in accordance with the air services agreement entered into by the Republic of Korea and the relevant country;

2. A foreigner shall have obtained approval for air operator Certificate (AOC) under Article 103 (1) of the Aviation Safety Act for the reason that safety of flight adheres to the standards and methods stipulated in the Convention on International Civil Aviation and Annexes to the aforesaid Convention;

3. Details of international air transport services shall comply with the air services agreement entered into by the Republic of Korea and the relevant country;

4. International air transport services shall aim at smooth air transportation of international passengers and cargo.

(3) A person who intends to obtain permission under paragraph (1) shall submit an application to the Minister of Land, Infrastructure and Transport accompanied by a business plan and other documents prescribed by Decree of the Ministry of Land, Infrastructure and Transport by no later than 60 days prior to the scheduled date of commencement of flights, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

Article 59(Revocation of permission to operate international air transport services provided by foreigners) #

(1) The Minister of Land, Infrastructure and Transport may revoke permission granted to any of the following foreigner providing international air transport services or require him or her to suspend operation within a fixed period not exceeding six months; provided, where he or she falls under subparagraph 1 or 22, the Minister of Land, Infrastructure and Transport shall revoke permission granted to him or her: <Amended on Aug. 9, 2017; Nov. 26, 2019>

1. Where the person obtains permission by fraud or other improper means;

2. Where he or she operates flights or conduct business not in compliance with criteria for granting permission under Article 54 (2);

3. Where he or she suspends operation without report, conducts business during the period of suspension of operation or fails to resume operation even after the period of suspension of operation expires, in violation of Article 57;

4. Where he or she fails to conduct business in accordance with a business plan, or determines or modifies a business plan without approval or report, in violation of Article 12 (1) through (3) applied mutatis mutandis in Article 60 (2);

5. Where he or she fails to obtain authorization for airfares and airfreight fees or authorization for modification thereof, to report airfares and airfreight fees or report modification thereof, or to implement matters authorized or reported, in violation of Article 14 (1) applied mutatis mutandis in Article 60 (4);

6. Where he or she fails to obtain authorization for an air transport agreement or a cooperation agreement or authorization for modification thereof, to report an air transport agreement or a cooperation agreement, and to implement matters authorized or reported, in violation of Article 15 applied mutatis mutandis in Article 60 (5);

7. Where he or she fails to fulfill conditions, etc. for permission, etc. imposed pursuant to Article 26 applied mutatis mutandis in Article 60 (8);

8. Where he or she fails to comply with an order to improve operations under Article 27 applied mutatis mutandis in Article 60 (9);

9. Where he or she allows an aircraft to be in the movement area in excess of the time specified in Article 61-2 (1) applied mutatis mutandis in Article 60 (11), in violation of Article 61-2 (1);

9-2. Where he or she fails to fulfill his or her duty to keep documents, such as the stipulations of transportation, etc. and to provide information about the total amount of airfares, etc., in violation of Article 62 (4) and (5) applied mutatis mutandis in Article 60 (12);

10. Where he or she uses aircraft that does not have radio equipment installed as prescribed by Decree of the Ministry of Land, Infrastructure and Transport or aircraft in which radio equipment is present but was not operated, to operate flights, in violation of Article 51 of the Aviation Safety Act;

11. Where he or she uses aircraft without installing or loading flight instruments, etc. to operate flights, or fails to adhere to the method of the operation thereof, etc., in violation of Article 52 of the Aviation Safety Act;

12. Where he or she fails to indicate the position of aircraft with a beacon, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, when he or she operates flights at night, parks, or stores aircraft at an airport, in violation of Article 54 of the Aviation Safety Act;

13. Where he or she requires a pilot to take off or land on an area other than a takeoff and landing field, in violation of Article 66 of the Aviation Safety Act;

14. Where he or she requires a pilot to perform a prohibited act, etc. during flight, in violation of Article 68 of the Aviation Safety Act;

15. Where he or she transports hazardous materials by using aircraft without obtaining permission, in violation of Article 70 (1) of the Aviation Safety Act, or handles hazardous materials without adhering to procedures and methods for handling hazardous materials publicly notified by the Minister of Land, Infrastructure and Transport, in violation of paragraph (3) of the same Article;

16. Where he or she operates a flight without carrying documents onboard under the subparagraphs of Article 104 (1) of the Aviation Safety Act, in violation of the same paragraph;

17. Where he or she fails to comply with criteria for operation under Article 104 (2) of the Aviation Safety Act, in violation of Article 104 (1) 2;

18. Where he or she fails to implement matters permitted or authorized without good cause;

19. Where ownership of or de facto control over a majority of shares or equity stakes does not belong to a country that has designated an international air operator pursuant to Article 54 (2) 1 or a citizen of such country; provided, where an air services agreement entered into by the Republic of Korea and the relevant country (including the United Nations or an economic community) stipulates otherwise, the air services agreement shall apply thereto;

20. Where there is an air services agreement entered into by the Republic of Korea and the country that has designated a foreign provider of international air transport services pursuant to Article 54 (2) 1, in which case the air services agreement becomes null and void, or the relevant country or the foreign provider of international air transport services violates the air services agreement;

21. Where there exists a cause of concern about endangering the national security of the Republic of Korea or disturb the wellbeing and order of society;

22. Where he or she conducts business during the period of suspension of operation, in violation of an order to suspend operation under this Article.

(2) Article 29 shall apply mutatis mutandis to the imposition of penalty surcharges in lieu of the suspension of operation under paragraph (1).

(3) Detailed criteria for imposing measures under paragraph (1) and other necessary matters concerning procedures for imposing measures shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

Article 60(Provisions applied mutatis mutandis to international air transport services provided by foreigners) #

(1) Article 11 shall apply mutatis mutandis to an assistance plan in the case of an aircraft accident of a foreigner providing international air transport services. In such cases, "license or registration" shall be construed as "permission".

(2) Article 12 shall apply mutatis mutandis to modification, etc. to a business plan of a foreigner providing international air transport services. In such cases, "business license, registration or flight permit on a route" shall be construed as "permission".

(3) Article 13 shall apply mutatis mutandis to inspection of whether a foreigner providing international air transport services adheres to a business plan.

(4) Article 14 shall apply mutatis mutandis to authorization, etc. for airfares and airfreight fees of a foreigner providing international air transport services.

(5) Article 15 shall apply mutatis mutandis to an agreement, etc. concerning air transportation of a foreigner providing international air transport services.

(6) Article 18 shall apply mutatis mutandis to the allocation, etc. of slots for a foreigner providing international air transport services. <Added on Nov. 26, 2019>

(7) Article 25 shall apply mutatis mutandis to the discontinuation of operation of a foreigner providing international air transport services. <Amended on Nov. 26, 2019>

(8) Article 26 shall apply mutatis mutandis to conditions, etc. for granting permission to a foreigner providing international air transport services. <Amended on Nov. 26, 2019>

(9) Article 27 shall apply mutatis mutandis to an order to improve operations issued to a foreigner providing international air transport services. <Amended on Nov. 26, 2019>

(10) Article 61 shall apply mutatis mutandis to the protection, etc. of air transport users provided by a foreigner providing international air transport services. <Amended on Nov. 26, 2019>

(11) Article 61-2 shall apply mutatis mutandis to prohibition of delay, etc. in the movement area of a foreigner providing international air transport services. <Added on Nov. 26, 2019>

(12) Article 62 (1), (4), (5), (7), and (8) shall apply mutatis mutandis to the duty to report and keep the stipulations of transportation, etc. of a foreign provider of international air transportation services, to provide information on the total amount of airfares, etc., to check the actual status of the provision of information, and to disclose the results thereof.?<Amended on Aug. 9, 2017; Nov. 26, 2019; Jan. 31, 2025>

(13) Article 63 shall apply mutatis mutandis to the evaluation of air transportation services provided by a foreigner providing international air transport services. <Amended on Nov. 26, 2019>

(14) Article 64 shall apply mutatis mutandis to the provision of information by a foreigner providing international air transport services. <Amended on Nov. 26, 2019>

Article 61(Protection of air transport users) #

(1) An aviation operator shall formulate procedures and plan to handle relief from damage (hereinafter referred to as "damage relief plan") so as to protect air transport users from any of the following damage by no later than 30 days prior to the commencement of business, and he or she shall implement such procedures and plan, as prescribed by Ministerial Decree of Land, Infrastructure and Transport; provided, the foregoing shall not apply where the aviation operator proves that damage caused by any of the reasons provided for in Article 12 (1) is damage beyond control of the aviation operator and has complied with the criteria for protection of air transport users under paragraph (8): <Amended on Jan. 31, 2025>

1. Failure to provide air transportation and delay therein by the aviation operator;

2. Loss or damage of luggage;

3. Oversale of airline tickets;

4. Delay in the refund of the price of an airline ticket canceled;

5. Unable to board aircraft because related information, such as a boarding gate and flight, has not been provided;

6. Other matters prescribed by Decree of the Ministry of Land, Infrastructure and Transport to protect air transport users.

(2) A damage relief plan shall include the following:

1. Matters concerning the establishment and operation of an office to receive requests for relief from damage;

2. Functions and duties of a department to be in charge of affairs concerning relief from damage and persons in charge of such affairs;

3. Procedures for handling relief from damage;

4. Methods for providing information that may guide the outcomes of handling relief from damage to applicants for relief from damage;

5. Other matters concerning relief from damage to air transport users prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(3) An aviation operator shall handle the application for relief from damage filed by a user of air transportation in a prompt and fair manner, and notify the applicant of the result thereof within 14 days from the date on which he or she receives such application.

(4) Notwithstanding paragraph (3), where there are special reasons, such as cases where translation for inspection of damage suffered by an applicant is required, an aviation operator shall notify the applicant of the result thereof within 60 days from the date on which he or she receives an application for relief from damage to a user of air transportation. In such cases, the aviation operator shall specify such special reasons in a notice.

(5) Where it is difficult to handle an application for relief from damage within the handling period referred to in paragraphs (3) and (4) or a user of air transportation makes a request, an aviation operator shall transfer such application for relief from damage to the Korea Consumer Agency under the Framework Act on Consumers.

(6) An aviation operator shall report matters concerning relief from damage to air transport users, such as the current status of applications for relief from damage filed by air transport users and the outcomes of handling relief from damage, to the Minister of Land, Infrastructure and Transport on a regular basis, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(7) The Minister of Land, Infrastructure and Transport may request the heads of related central administrative agencies, and the president of the Korea Consumer Agency under Article 33 of the Framework Act on Consumers to provide data concerning relief from damage to air transport users, such as the current status of applications for relief from damage filed by air transport users and the outcomes of handling relief from damage. In such cases, those requested to provide data shall comply with such request unless there is any extenuating circumstance.

(8) The Minister of Land, Infrastructure and Transport shall publicly notify the criteria for protection of air transport users in relation to any of the following matters so that an aviation operator may prevent damage to air transport users and provide relief from damage in a prompt and fair manner: <Amended on Jan. 31, 2025>

1. Matters falling under the subparagraphs of paragraph (1);

2. Matter that may cause damage to consumers in relation to the cancellation, refund and changes of airline tickets;

3. Matters concerning the provision of information related to booking, purchase, cancellation, refund and changes of airline tickets, and boarding.

(9) Where the Minister of Land, Infrastructure and Transport publicly notify the criteria for protecting air transport users pursuant to paragraph (8), he or she shall have a prior consultation with the heads of related central administrative agencies, and hear opinions of aviation operators, consumer organizations registered pursuant to Article 29 of the Framework Act on Consumers, aviation-related experts, and other interested persons.

(10) An aviation operator, a general sales agent, and a person who has registered a travel and tourism business (hereinafter referred to as "travel agency") pursuant to Article 4 of the Tourism Promotion Act shall adhere to criteria for protecting air transport users under paragraph (8).

(11) The Minister of Land, Infrastructure and Transport may prescribe the standards of convenience for mobility disadvantaged persons in using air transportation with respect to any of the following matters in Decree of the Ministry of Land, Infrastructure and Transport in order to protect mobility disadvantaged persons defined in subparagraph 1 of Article 2 of the Act on Promotion of the Transportation Convenience of Mobility Disadvantaged Persons and to ensure their right to mobility: <Added on Aug. 27, 2019>

1. Matters concerning the information required to be provided by the aviation operator for mobility disadvantaged persons and the means of providing such information;

2. Matters concerning services provided by aviation operators for mobility disadvantaged persons in using an airport and in boarding and alighting an aircraft;

3. Matters concerning services that an air operator shall provide onboard for mobility disadvantaged persons;

4. Matters concerning training and educating employees, which shall be conducted by aviation operators to provide services related to mobility disadvantaged persons;

5. Matters concerning handling of complaints received concerning services related to mobility disadvantaged persons.

(12) Every aviation operator shall comply with the standards of convenience for mobility disadvantaged persons in using air transportation under paragraph (11). <Added on Aug. 27, 2019>

Article 61-2(Prohibition of delay in movement areas) #

(1) An air operator shall not allow an aircraft with air transport users onboard to be in the movement area (referring to an area used for the takeoff, landing, and surface maneuvering of aircraft , such as runways, taxiways, and aprons; hereinafter the same shall apply) in excess of the following time; provided, the same shall not apply where the head of a related agency opines that the alighting of passengers may cause a serious disruption in the operation of an airport, or where the head of a relevant agency or captain determines that it is unavoidable to hold passengers on the aircraft due to safety or security reasons such as weather, disaster, accidents, and terrorism:

1. Domestic air transport: Three hours;

2. International air transport: Four hours.

(2) Where an air operator allows an aircraft to be in the movement area with air transport users onboard, he or she shall communicate the reasons and the progress to the air transport users onboard every 30 minutes.

(3) Where the time to allow an aircraft to be in the movement area with air transport users onboard exceeds two hours, the air operator shall provide the air transport users with appropriate food and beverages and report to the Minister of Land, Infrastructure and Transport without delay, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(4) The Minister of Land, Infrastructure and Transport in receipt of a report by an air operator under paragraph (3) may request the heads of related agencies and airport operators to provide cooperation necessary to promptly settle the relevant delay situation. In such cases, a person who receives such request shall comply therewith unless there is a compelling reason not to do so.

(5) Other matters concerning procedures and details of prohibition of delay in a movement area, and request for cooperation to the heads of related agencies, etc. shall be prescribed by Presidential Decree.

[This Article Added on Nov. 26, 2019]

Article 62(Keeping of stipulations of air transportation) #

(1) An air operator shall determine and report the stipulations of air transportation to the Minister of Land, Infrastructure and Transport. The foregoing shall also apply where he or she intends to modify the stipulations of air transportation.

(2) If a report or an amended report filed pursuant to paragraph (1) has no defect in its content or in any of documents attached thereto and meets the formal requirements prescribed by statutes and regulations, the obligation to file such report shall be deemed to be fulfilled at the time the report arrives at the recipient institution. <Added on Aug. 9, 2017>

(3) Matters necessary to report the stipulations of air transportation under paragraph (1) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Aug. 9, 2017>

(4) An aviation operator shall keep the following documents at his or her place of business, on the website or at any conspicuous place where air transport users may easily read them, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, and make them available to air transport users for perusal; provided, documents under subparagraphs 1 through 3 shall be applicable to air operators among aviation operators: <Amended on Aug. 9, 2017>

1. Table of airfares;

2. Table of airfreight fees;

3. Stipulations of air transportation;

4. Damage relief plan and related documents to file an application for relief from damage.

(5) An air operator, general sale agent, and travel agency shall provide information to air transport users so that they may easily understand the total amount they should actually bear, including airfares and airfreight fees (hereinafter referred to as "total amount of airfare, etc.") under Article 14 (1) and (2), as prescribed by Presidential Decree. <Amended on Aug. 9, 2017>

(6) An aircraft rental service provider, aircraft maintenance service provider, aircraft ground handling service provider, air charter operator, ultra-light aircraft rental service provider, and sport and leisure aviation service provider shall keep a list of charges and the terms and conditions at a conspicuous place where air transport users may easily read in his or her place of business or other business office, and make them available to air transport users for perusal, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Aug. 9, 2017>

(7) The Minister of Land, Infrastructure and Transport shall regularly or occasionally inspect the status of providing information on the total amount of airfare, etc. under paragraph (5). <Added on Jan. 31, 2025>

(8) Where the Minister of Land, Infrastructure and Transport conducts an inspection under paragraph (7), he or she shall disclose the results of the inspection on the website, as prescribed by Presidential Decree. <Added on Jan. 31, 2025>

(9) Article 28 (limited to paragraph (1) 19 of the same Article) shall apply mutatis mutandis to the travel and tourism business. In such cases, "Minister of Land, Infrastructure and Transport" provided for in the main clause, with the exception of the subparagraphs, of Article 28 (1) shall be construed as "a Special Self-governing City Mayor, a Special Self-governing Province Governor, or head of a Si/Gun/Gu (referring to the head of an autonomous Gu)". <Amended on Aug. 9, 2017; Nov. 26, 2019; Jan. 31, 2025>

Article 70(Duty to purchase aviation insurance) #

(1) The following aviation business operators shall not operate aircraft unless they purchase aviation insurance, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport:

1. An air operator;

2. An aircraft rental service provider;

3. An air charter operator.

(2) Neither an aircraft owner other than those under the subparagraphs of paragraph (1) nor a person who intends to fly with an aircraft shall operate flights unless he or she has purchased aviation insurance, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

(3) A light sport aircraft owner, etc. referred to in Article 108 of the Aviation Safety Act shall purchase insurance or join a mutual aid organization prescribed by Decree of the Ministry of Land, Infrastructure and Transport before he or she obtains safety certification under paragraph (1) of the same Article to provide compensation to a victim (where the victim dies, referring to a person who is entitled to receive damages) where another person dies or is injured during the flight of the light sport aircraft. <Amended on Jan. 17, 2017>

(4) A person who intends to use ultra-light aircraft for ultra-light aircraft rental service, air charter, and sport and leisure aviation service, and the State, a local government or a public institution referred to in Article 4 of the Act on the Management of Public Institutions that owns ultra-light aircraft prescribed by Decree of the Ministry of Land, Infrastructure and Transport shall purchase insurance or join a mutual aid organization prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Jun. 9, 2020>

(5) A person who purchases aviation insurance, etc. pursuant to paragraphs (1) through (4) shall submit data that may confirm the purchase of insurance, etc., such as a report on the purchase of insurance, to the Minister of Land, Infrastructure and Transport, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. The foregoing shall also apply where he or she modifies or renews insurance, etc. <Added on Jan. 17, 2017>

Article 73(Reporting, access, and inspection) #

(1) The Minister of Land, Infrastructure and Transport may require any of the following persons to report their services or submit documents to the extent necessary for the enforcement of this Act, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport:

1. Aviation business operators;

2. Airport operators;

3. Persons engaged in aviation;

4. Persons who continuously use aircraft or aviation facilities, other than those under subparagraphs 1 through 3.

(2) Where specially necessary for the enforcement of this Act, the Minister of Land, Infrastructure and Transport may require public officials under his or her supervision to gain access to offices of persons falling under any of the subparagraphs of paragraph (1), their places of business, airport facilities, aerodromes, or aircraft, inspect related documents, facilities, equipment, and other articles, or ask questions to relevant persons.

(3) Where the Minister of Science and ICT makes a request because he or she deems that a courier service provider is highly to violate the Postal Service Act, the Minister of Land, Infrastructure and Transport may require public officials belonging to the Ministry of Science and ICT to gain access to offices or places of business of such courier service provider, conduct inspections concerning matters related to the Postal Service Act, or ask questions. <Amended on Jul. 26, 2017>

(4) Where a public official intends to conduct an inspection or ask questions referred to in paragraphs (2) and (3), he or she shall notify persons who will be inspected or who will be asked questions of a plan including the date and time of inspection and question, reasons for, details thereof, etc. by no later than seven days before he or she conducts the inspection or asks questions; provided, the foregoing may not apply in cases of an emergency or where he or she is deemed unable to achieve the purpose of inspection or question due to destruction of the evidence, etc., if he or she notifies them in advance.

(5) A public official who conducts an inspection or asks questions pursuant to paragraphs (2) and (3) shall carry an identification indicating his or her authority and present it to relevant persons.

(6) Where a public official has conducted an inspection or asked questions pursuant to paragraphs (2) and (3), he or she shall notify the person who was inspected or asked questions of the result thereof in writing.

(7) Necessary matters concerning an identification referred to in paragraph (5) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

Article 75(Delegation and entrustment of authority) #

(1) The Minister of Land, Infrastructure and Transport may partially delegate his or her authority under this Act to the Mayor/Do Governor or the head of an agency under his or her management, as prescribed by Presidential Decree.

(2) The Minister of Land, Infrastructure and Transport may entrust the Incheon International Airport Corporation under the Incheon International Airport Corporation Act or the Korea Airport Corporation under the Korea Airports Corporation Act with the affairs of allocating slots, etc. referred to in Article 18, as prescribed by Presidential Decree. <Added on Nov. 26, 2019>

(3) The Minister of Land, Infrastructure and Transport may entrust the following affairs 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, as prescribed by Presidential Decree: <Added on Dec. 7, 2021>

1. Registering ultra-light aircraft rental services and reporting the modification thereof under Article 48 (1);

2. Authorizing and reporting the modification of a business plan for ultra-light aircraft rental services under Article 49 (1);

3. Reporting the transfer or takeover of ultra-light aircraft rental services under Article 49 (3);

4. Reporting a merger of ultra-light aircraft rental services under Article 49 (4);

5. Reporting the succession of ultra-light aircraft rental services under Article 49 (5);

6. Reporting the suspension or discontinuation of operation of ultra-light aircraft rental services under Article 49 (6);

7. Issuing an order to improve the operation of ultra-light aircraft rental services under Article 49 (7) of the Act.

(4) The Minister of Land, Infrastructure and Transport may entrust the following affairs to the Korea Transport Institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes or an institution or organization related to aviation, as prescribed by Presidential Decree: <Amended on Nov. 26, 2019; Dec. 7, 2021>

1. Affairs concerning the assessment of aviation services under Article 63;

2. Affairs concerning the publication of a report on aviation services for air transport users under Article 64.

(5) The Minister of Land, Infrastructure and Transport may entrust the affairs provided for in Article 69-2 to the Korea Institute of Aviation Safety Technology (hereinafter referred to as the "KIAST") established pursuant to the Korea Institute of Aviation Safety Technology Act or other institutions and organizations related to aviation, as prescribed by Presidential Decree. <Added on Aug. 9, 2017; Nov. 26, 2019; Dec. 7, 2021>

(6) The Minister of Land, Infrastructure and Transport may entrust the affairs referred to in Article 69-3 to an institution or organization related to aviation, as prescribed by Presidential Decree. <Added on Aug. 16, 2023>

Article 78(Crime concerning affairs of aviation business operators) #

(1) Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:

1. A person who operates domestic air transport services or international air transport services without obtaining a license referred to in Article 7;

2. A person who operates small-scale air transport services without obtaining registration referred to in Article 10 (1);

3. A person who operates aircraft rental services without obtaining registration referred to in Article 30 (1);

4. An aviation business operator who uses a subsidy or loan for the purpose other than that of the grant, in violation of Article 67 (1);

5. An aviation business operator who operates flights without purchasing aviation insurance, in violation of Article 70 (1);

6. A person who operates flights without purchasing aviation insurance, in violation of Article 70 (2).

(2) Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won:

1. An air operator who violates prohibition against lending a license, etc., referred to in Article 20;

2. An aircraft rental service provider who violates prohibition against lending a name, etc., referred to in Article 33;

3. A person who provides aircraft maintenance services without obtaining registration referred to in Article 42;

4. An aircraft maintenance service provider who violates prohibition against lending a name, etc., referred to in Article 33 that is applied mutatis mutandis in Article 43 (1);

5. A person who operates a business of aircraft ground handling services without obtaining registration referred to in Article 44;

6. An aircraft ground handling service provider who violates prohibition against lending a name, etc., referred to in Article 33 that is applied mutatis mutandis in Article 45 (1);

7. A person who operates air charter services without obtaining registration referred to in Article 46;

8. An air charter operator who violates prohibition against lending a name, etc., referred to in Article 33 that is applied mutatis mutandis in Article 47 (2);

9. A person who operates ultra-light aircraft rental services without obtaining registration referred to in Article 48 (1);

10. An ultra-light aircraft rental service provider who violates prohibition against lending a name, etc., referred to in Article 33 that is applied mutatis mutandis in Article 49 (2);

11. A person who operates sport and leisure aviation services without obtaining registration referred to in Article 50 (1);

12. A sport and leisure aviation service provider who violates prohibition against lending a name, etc., referred to in Article 33 that is applied mutatis mutandis in Article 51 (1);

13. A person who operates courier services, etc., without reporting under Article 52 (1).

(3) Any of the following persons shall be punished by a fine not exceeding 10 million won:<Amended on Nov. 26, 2019>

1. A person who fails to authorize or report modification of a business plan, in violation of Article 12 (1) or (2);

2. A person who modifies a business plan without obtaining authorization referred to in Article 12 (3);

3. A person who receives airfares or airfreight fees without obtaining authorization or reporting thereof under Article 14;

4. A person who implements an air transport agreement or a cooperation agreement which has not been authorized or who implements an agreement that contains modifications which have not been authorized, or fails to report modification thereof, in violation of Article 15;

4-2. A person who exchanges slots without authorization under Article 18 (7);

5. A person who suspends operation or flights on routes, in violation of Article 24 or 37;

6. A person who violates an order to improve operations referred to in Article 27 (excluding subparagraph 6 of the same Article) or 39;

7. A person who violates an order to suspend operations referred to in Article 28 or 40;

8. A person who fails to perform services in accordance with a business plan he or she has submitted when he or she obtained registration, in violation of Article 32 (1);

9. A person who modifies a business plan without obtaining authorization referred to in Article 32 (2);

10. An aircraft maintenance service provider who violates an order referred to in Article 39 (excluding subparagraph 3 of the same Article) that is applied mutatis mutandis in Article 43 (6);

11. An aircraft ground handling service provider who violates an order referred to in Article 39 (excluding subparagraph 3 of the same Article) that is applied mutatis mutandis in Article 45 (6);

12. An air charter operator who violates an order referred to in Article 39 that is applied mutatis mutandis in Article 47 (7);

13. An ultra-light aircraft rental service provider who violates an order referred to in Article 39 that is applied mutatis mutandis in Article 49 (7);

14. A sport and leisure aviation service provider who violates an order referred to in Article 39 that is applied mutatis mutandis in Article 51 (6);

15. A courier service provider, general sales agent, or provider of city airport terminal service who violates subparagraph 1 of Article 39 that is applied mutatis mutandis in Article 53 (7).

Article 79(Crime concerning affairs of foreigner providing international air transport services) #

(1) A person who operates international air transport services provided by a foreigner without obtaining permission referred to in Article 54 (1) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won.

(2) Any of the following persons shall be punished by a fine not exceeding 30 million won:

1. A foreigner providing international air transport services who violates the frequency of flights or restrictions on types of aircraft referred to in the latter part of Article 54 (1);

2. A person who provides air transport services for remuneration referred to in Article 55 without obtaining permission referred to in paragraph (1) of the same Article, or who provides air transport services for remuneration, in violation of Article 56.

(3) Any of the following foreigner providing international air transport services shall be punished by a fine not exceeding 10 million won: <Amended on Nov. 26, 2019>

1. A person who violates an order to suspend operations referred to in Article 59;

2. A person who modifies a business plan without authorization or report pursuant to Article 12 (3) that is applied mutatis mutandis in Article 60 (2);

3. A person who receives airfares or airfreight fees without authorization or report pursuant to Article 14 (1) that is applied mutatis mutandis in Article 60 (4);

4. A person who implements an air transport agreement or a cooperation agreement without obtaining authorization or authorization for modification thereof referred to in Article 15 that is applied mutatis mutandis in Article 60 (5) or fails to report the modification;

4-2. A person who exchange slots without authorization under Article 18 (7) applied mutatis mutandis in Article 60 (6);

5. A person who fails to comply with an order to improve operations referred to in Article 27 (excluding subparagraph 6 of the same Article) that is applied mutatis mutandis in Article 60 (9).

Article 84(Administrative fines) #

(1) An administrative fine not exceeding 20 million won shall be imposed on an air operator (including a foreign provider of international air transport services) among aviation operators who fail to comply with an order to improve operations under subparagraphs 6 and 7 of Article 27.

(2) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Jan. 17, 2017; Aug. 9, 2017; Aug. 27, 2019; Nov. 26, 2019; Jan. 18, 2022; Aug. 16, 2023>

1. A person who fails to submit data referred to in Article 8 (3) or submits false data;

2. A person who fails to perform his or her duty to give notification referred to in Article 8 (4);

3. A person who discontinues operations or flights, fails to report discontinuation of operation or flights, or makes a false report, in violation of Article 25;

4. An airport operator who fails to comply with an order to improve operations under subparagraph 6 of Article 27;

4-2. A person who fails to take measures to protect students, such as refund of flight training fees, in violation of Article 30-2 (2);

5. A person who discontinues operation, fails to report discontinuation of operation, or makes a false report, in violation of Article 38;

6. A person who discontinues operation, fails to report discontinuation of operation, or makes a false report, in violation of Article 38 that is applied mutatis mutandis in Article 43 (5);

7. A person who discontinues operations, fails to report discontinuation of operations, or makes a false report, in violation of Article 38 that is applied mutatis mutandis in Article 45 (5);

8. A person who discontinues operations, fails to report discontinuation of operations, or makes a false report, in violation of Article 38 that is applied mutatis mutandis in Article 47 (6);

9. A person who discontinues operations, fails to report discontinuation of operations, or makes a false report, in violation of Article 38 that is applied mutatis mutandis in Article 49 (6);

10. A person who discontinues operations, fails to report discontinuation of operations, or makes a false report, in violation of Article 38 that is applied mutatis mutandis in Article 51 (5);

11. A person who discontinues operations, fails to report discontinuation of operations, or makes a false report, in violation of Article 38 that is applied mutatis mutandis in Article 53 (6);

12. A person who fails to make a report pursuant to Article 61 (6) (including cases where the same paragraph is applied mutatis mutandis in Article 60 (10)) or makes a false report;

13. A person who violates duty under Article 61 (10) (including cases where the same paragraph is applied mutatis mutandis in Article 60 (10));

14. A person who violates duty under Article 61 (12) (including cases where the same paragraph is applied mutatis mutandis in Article 60 (10));

15. Any person who fails to communicate the reasons of delay and the progress in violation of Article 61-2 (2) (including where the same paragraph is applied mutatis mutandis in Article 60 (11));

16. A person who fails to provide food and beverages or to make a report, in violation of Article 61-2 (3) (including cases applied mutatis mutandis in Article 60 (11));

17. A person who fails to report the stipulations of air transportation or report modification thereof, in violation of Article 62 (1) (including cases where the same paragraph is applied mutatis mutandis in Article 60 (12));

18. A person who fails to keep a table of airfreight fees, etc. under Article 62 (4) (including cases where the same paragraph is applied mutatis mutandis in Article 60 (12)) or (6) of the same Article, or keeps a table of airfreight fees, etc. containing fictitious rates;

19. A person who fails to provide the total amount of an airfare, etc. or provides false information, in violation of Article 62 (5) (including cases where the same paragraph is applied mutatis mutandis in Article 60 (12));

20. A person who fails to submit data, or submits false data, in violation of Article 63 (4) (including cases where the same paragraph is applied mutatis mutandis in Article 60 (13));

20-2. A person who refuses, obstructs, or evades any investigation or inspection under Article 69-10 (1);

20-3. A person who fails to comply with an order to submit an implementation plan pursuant to Article 69-11 (3);

21. A person who fly with a light sport aircraft or ultra-light aircraft without purchasing insurance or joining a mutual aid organization, in violation of Article 70 (3) or (4);

22. A person who fails to submit data under Article 70 (5) or submits false data;

23. A person who fails to report, etc. under Article 73 (1), or makes a false report, etc.;

24. A person who makes a false statement to a question referred to in Article 73 (2) or (3).

(3) The Minister of Land, Infrastructure and Transport shall impose and collect administrative fines under paragraphs (1) and (2), as prescribed by Presidential Decree.

(4) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu) shall impose and collect administrative fines on travel agencies falling under paragraph (2) 13 and 16, as prescribed by Presidential Decree.

AVIATION BUSINESS ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Formulation of master plans for aviation policy) #

Article 4(Establishment and operation of Aviation Policy Committee) #

Article 5(Formulation of aviation technology development plans) #

Article 6(Informatization of aviation business) #

Article 7(Domestic air transport services and international air transport services) #

Article 8(Criteria for granting license to operate domestic air transport services and international air transport services) #

Article 9(Grounds for disqualification for granting license to operate domestic air transport services and international air transport services) #

Article 10(Small-scale air transport services) #

Article 11(Emergency response plan for aviation accident) #

Article 12(Modification of business plan) #

Article 13(Inspection of whether business plan is adhered to) #

Article 14(Authorization of airfare and airfreight fees for air transport services) #

Article 15(Agreement concerning air transport) #

Article 16(Allocation of traffic rights) #

Article 17(Allocation of transit rights) #

Article 18(Allocation of slots) #

Article 19(Duty of air operators to commence flights) #

Article 20(Prohibition of lending of license to operate air transport services) #

Article 21(Transfer and takeover of air transport services) #

Article 22(Merger of corporations) #

Article 23(Succession) #

Article 24(Suspension of air transport services and suspension of flights on routes) #

Article 25(Discontinuation of air transport services and discontinuation of flights on routes) #

Article 26(Conditions for granting license to operate air transport services) #

Article 27(Orders to improve operations) #

Article 28(Revocation of license to operate air transport services) #

Article 29(Imposition of penalty surcharges) #

Article 30(Registration of business of operating aircraft rental services) #

Article 30-2(Purchase of guarantee insurance) #

Article 31(Duty of aircraft rental service providers to commence flights) #

Article 32(Modification of business plan) #

Article 33(Prohibition of lending of name) #

Article 34(Transfer and takeover of aircraft rental services) #

Article 35(Merger of corporations) #

Article 36(Inheritance) #

Article 37(Suspension of aircraft rental services) #

Article 38(Discontinuation of aircraft rental services) #

Article 39(Orders to improve services) #

Article 40(Revocation of registration of aircraft rental services) #

Article 41(Imposition of penalty surcharge) #

Article 42(Registration of aircraft maintenance services) #

Article 43(Provisions applied mutatis mutandis to aircraft maintenance services) #

Article 44(Registration of aircraft ground handling services) #

Article 45(Provisions applied mutatis mutandis to aircraft ground handling services) #

Article 46(Registration of air charter services) #

Article 47(Provisions applied mutatis mutandis to air charter services) #

Article 48(Registration for ultra-light aircraft rental services) #

Article 49(Provisions applied mutatis mutandis to ultra-light aircraft rental services) #

Article 50(Registration of business of operating sport and leisure aviation services) #

Article 51(Provisions applied mutatis mutandis to sport and leisure aviation services) #

Article 52(Reporting of courier services) #

Article 53(Provisions applied mutatis mutandis to courier services) #

Article 54(Permission to operate international air transport services provided by foreigners) #

Article 55(Air transportation by foreign aircraft for remuneration) #

Article 56(Prohibition of air transportation by foreign aircraft in Republic of Korea for remuneration) #

Article 57(Suspension of operation of international air transport services provided by foreigners) #

Article 58(Prohibition of transportation of munitions) #

Article 59(Revocation of permission to operate international air transport services provided by foreigners) #

Article 60(Provisions applied mutatis mutandis to international air transport services provided by foreigners) #

Article 61(Protection of air transport users) #

Article 61-2(Prohibition of delay in movement areas) #

Article 62(Keeping of stipulations of air transportation) #

Article 63(Assessment of aviation services) #

Article 64(Provision of information for air transport users) #

Article 65(Financial assistance to aviation business operators) #

Article 66(Exceptions to security of aircraft) #

Article 67(Prohibition and supervision of use of subsidies or loans for purpose other than intended purposes) #

Article 68(Establishment of Korea Aviation Association) #

Article 69(Nurturing of institutions and organizations related to aviation and aviation industry) #

Article 69-2(Enhancement of safety, and promotion of, aviation industry for unmanned aviation sector) #

Article 69-3(Revitalization of aircraft maintenance industry) #

Article 69-4(Establishment of aviation industry development cooperative) #

Article 69-5(Projects of cooperative) #

Article 69-6(Operating committee) #

Article 69-7(Creation of basic property) #

Article 69-8(Subsidization of expenses) #

Article 69-9(Accumulation of liability reserve) #