Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Aviation Business Act and those necessary for enforcing said Act.
Article 2(Modification of important matters in master plans for aviation policy) #
"Important matters prescribed by Presidential Decree" in Article 3(4) of the Aviation Business Act (hereinafter referred to as the "Act") means:
1. Objectives of, and a strategical plan for, the national aviation policy;
2. Promotion of domestic air transport services;
3. Efficient development of airports;
4. Protection of air transport users;
5. Development of aviation safety technologies;
6. Other matters determined by the Minister of Land, Infrastructure and Transport.
Article 3(Size of development of airport or aerodrome subject to deliberation by Aviation Policy Committee) #
"Development of an airport or aerodrome exceeding a certain size prescribed by Presidential Decree" in Article 4(1)4 of the Act, among the matters subject to deliberation by the Aviation Policy Committee under Article 4(1) of the Act (hereinafter referred to as the "Aviation Policy Committee"), means the following:
1. Development of a new airport or development of a new aerodrome where the total project cost is at least 100 billion won and the amount funded by the State is at least 30 billion won;
2. Development of an airport or a land aerodrome by increasing the area of the airport or aerodrome to be developed in the original plan by a minimum of 200,000 square meters;
3. Development of an airport or a land aerodrome by constructing a new runway with a minimum length of 500 meters or extending a runway by a minimum of 500 meters.
Article 4(Members of Aviation Policy Committee) #
"Vice Minister of each Ministry prescribed by Presidential Decree" in Article 4(3)1 of the Act means the following: <Amended on Jul. 26, 2017; Sep. 4, 2017; Nov. 8, 2022; Mar. 29, 2024; Oct. 1, 2025; Dec. 30, 2025>
1. The Second Vice Minister of Finance and Economy;
2. Deleted. <Mar. 29, 2024>
3. Second Vice Minister of Foreign Affairs;
4. Vice Minister of National Defense;
5. Second Vice Minister of Culture, Sports and Tourism;
6. The Vice Minister of Trade, Industry and Resources;
6-2. The Vice Minister of Planning and Budget;
7. Administrator of the Korea Aerospace Administration.
Article 5(Dismissal of members) #
In any of the following cases, the Minister of Land, Infrastructure and Transport may dismiss a member appointed to the Aviation Policy Committee pursuant to Article 4(3)2 of the Act from office:
1. If the member is unable to continue to perform his or her duties due to a mental or physical disability;
2. If the member is found to have committed misconduct in connection with his or her duties;
3. If the member is found incompetent for the office due to neglect of duty or indecent conduct or on any other ground;
4. If the member does not voluntarily refrain from participating in relevant proceedings, although he or she falls under Article 4(7) or (8) of the Act;
5. If the member voluntarily discloses that he or has difficulty in performing duties.
Article 6(Duties of chairperson of Aviation Policy Committee) #
(1) The chairperson of the Aviation Policy Committee shall represent the Aviation Policy Committee and shall administer all affairs of the Aviation Policy Committee.
(2) If the chairperson is unable to perform his or her duties due to any unavoidable cause, the member appointed by the Chairperson in advance shall act on behalf of the chairperson.
Article 7(Meetings of Aviation Policy Committee) #
(1) The Chairperson of the Aviation Policy Committee shall convene and preside over meetings of the Aviation Policy Committee.
(2) When the chairperson intends to convene a meeting, he or she shall notify each member of the date, time, place, and agenda items of the meeting no later than five days before the scheduled date of the meeting; provided, this shall not apply in an emergency or unavoidable circumstances.
(3) A majority of the members of the Aviation Policy Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present.
(4) If deemed necessary to deliberate on any agenda item or perform any other function, the Aviation Policy Committee may request relevant agencies to provide information or may require interested persons or experts to attend a meeting to hear their opinions.
Article 8(Executive secretary) #
(1) The Aviation Policy Committee shall have an executive secretary responsible for clerical work of the Aviation Policy Committee.
(2) The executive secretary shall be appointed by the Minister of Land, Infrastructure and Transport, from among members in general service of of the Senior Executive Service of the Ministry of Land, Infrastructure and Transport.
Article 9(Working committees) #
(1) Each working committee that shall be established within the Committee pursuant to Article 4(5) of the Act (hereinafter referred to as "working committee") shall be composed of approximately 20 members, including one chairperson, considering gender equality. <Amended on Dec. 31, 2018>
(2) The chairperson of each working committee shall be appointed by the Minister of Land, Infrastructure and Transport, from among members in general service of the Senior Executive Service of the Ministry of Land, Infrastructure and Transport.
(3) A working committee shall be composed of the following persons: <Amended on Jul. 26, 2017; Mar. 29, 2024; Oct. 1, 2025; Dec. 30, 2025>
1. 1 person each appointed by the heads of relevant agencies respectively, from among Grade IV or higher-raking public officials in general service (including members in general service of the Senior Executive Service) of the Ministry of Finance and Economy, the Ministry of Foreign Affairs, the Ministry of National Defense, the Ministry of Culture, Sports and Tourism, the Ministry of Trade, Industry and Resources, the Ministry of Planning and Budget, and the Ministry of Science and Information and Communications Technology (ICT), and Korea Aerospace Administration;
2. One person appointed by the President of the Incheon International Airport Corporation, from among executive officers and employees of the Incheon International Airport Corporation established pursuant to the Incheon International Airport Corporation Act;
3. One person appointed by the President of the Korea Airports Corporation, from among executive officers and employees of the Korea Airports Corporation established pursuant to the Korea Airports Corporation Act;
4. Persons commissioned by the chairperson of the working committee, from among persons with considerable knowledge and experience in aviation.
(4) The term of office of the members under paragraph (3)4 shall be two years.
(5) Each working committee shall have one executive secretary who shall be appointed by the Minister of Land, Infrastructure and Transport, from among public officials of the Ministry of Land, Infrastructure and Transport.
(6) A person who appointed a member pursuant to paragraph (3)2 or 3 may withdraw the appointment if the member falls under any subparagraph of Article 5.
(7) If a member commissioned to a working committee pursuant to paragraph (3)4 falls under any subparagraph of Article 5, the chairperson of the working committee may dismiss such member.
Article 10(Detailed operating rules) #
Except as provided in this Decree, matters necessary for the operation of the Aviation Policy Committee and its working committees shall be determined by the chairperson, through resolution by the Aviation Policy Committee.
Article 11(Entrustment of aviation-related informatization projects) #
Pursuant to Article 6(3) of the Act, the Minister of Land, Infrastructure and Transport shall entrust the following services to a relevant institution specified in each of the following subparagraphs: <Amended on Feb. 8, 2019; Jan. 5, 2021>
1. Establishment and operation of an air logistics information system: The Incheon International Airport Corporation under the Incheon International Airport Corporation Act;
2. Establishment and operation of an aviation information portal system: The Korea Aviation Association under Article 68 of the Act;
3. Establishment and operation of a permanent system for distance written examinations: The Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act;
4. Establishment and operation of a system for informatizing projects for training human resources for aviation: A institution designated and publicly notified by the Minister of Land, Infrastructure and Transport as deemed to have human resources and equipment to conduct the establishment and operation of a system for informatizing projects for training human resources for aviation from among non-profit corporations established with permission from the Minister of Land, Infrastructure and Transport under Article 32 of the Civil Act.
Article 12(Criteria for license to operate domestic or international air transport services) #
The criteria for license to operate domestic or international air transport services under Article 8(1)3 and 4a and b of the Act shall be as specified in Appendix 1.
Article 13(Requirements for registration of small-scale air transport services) #
The requirements for the registration of small-scale air transport services under Article 10(2)1 and 2 of the Act shall be as specified in Appendix 2.
Article 14(Grounds for revocation of license) #
(1) "Where damage to safety or users prescribed by Presidential Decree is likely to occur" in Article 28(1)16 of the Act means the following: <Amended on Feb. 25, 2020>
1. Where insufficient investment in training air personnel defined in subparagraph 14 of Article 2 of the Aviation Safety Act or in the maintenance, etc. of aircraft is likely to cause an aircraft accident or a serious incident defined in subparagraph 6 or 9 of the same Article;
2. Where transportation is unlikely to be performed or a refund for canceled flights is likely to be delayed;
3. Where any event similar to that described in subparagraph 1 or 2 is likely to cause damage to safety or users.
(2) "Serious defects prescribed by Presidential Decree" in Article 28(1)22 of the Act means the following defects that seriously affect flight operations: <Added on Feb. 25, 2020; May 26, 2020>
1. Defects in the qualifications, number, and training of cabin crew defined in subparagraph 17 of Article 2 of the Aviation Safety Act and pilots, aircraft maintenance technicians, flight dispatchers, etc. who hold the certification of qualification of air personnel under Article 34(1) of that Act;
2. Defects in facilities or equipment necessary for flight operations for which it is intended to obtain authorization, such as flight control systems, maintenance areas, training facilities, spare engines and spare parts.
Article 15(Violations subject to, and amounts of, penalty surcharges) #
The amount of a penalty surcharge that shall be imposed according to the type, degree, etc. of violation under Article 29(1) of the Act (including cases applied mutatis mutandis in Article 53(1) and 59(2) of the Act) shall be as specified in Appendix 3.
Article 16(Imposition and payment of penalty surcharges) #
(1) When the Minister of Land, Infrastructure and Transport intends to impose a penalty surcharge pursuant to Article 29 of the Act, he or she shall give written notice thereof, stating the type of the relevant violation and the amount of the penalty surcharge in detail.
(2) Any person in receipt of notice under paragraph (1) shall pay a penalty surcharge to a receiving agency designated by the Minister of Land, Infrastructure and Transport within 20 days from the date of receipt of such notification. <Amended on Dec. 12, 2023>
(3) Upon receiving a penalty surcharge under paragraph (2), the receiving agency shall issue a receipt to the payer.
(4) Upon receiving a penalty surcharge under paragraph (2), the receiving agency for penalty surcharges shall give notice thereof to the Minister of Land, Infrastructure and Transport, without delay.
(5) Deleted. <Sep. 24, 2021>
Article 17(Payment reminder notice and collection of penalty surcharges) #
(1) If a person to whom a payment notice of a penalty surcharge has been given pursuant to Article 16(1) fails to pay the penalty surcharge by the payment deadline, the Minister of Land, Infrastructure and Transport shall issue a payment reminder notice within seven days from the date immediately after the payment deadline. In such cases, the extended payment deadline shall not exceed 10 days from the issue date of the payment reminder notice.
(2) If a person to whom a payment reminder notice has been delivered pursuant to paragraph (1) fails to pay the penalty surcharge by the payment deadline, the Minister of Land, Infrastructure and Transport may instruct public officials of the Ministry to forcibly collect the penalty surcharge in the same manner as delinquent national taxes are collected.
Article 18(Requirements for registration of aircraft rental services) #
The requirements for the registration of aircraft rental service under Article 30(2)1 and 2 of the Act shall be as specified in Appendix 4.
Article 18-2(Exemption from obligation to carry guarantee insurance or make security deposits) #
(1) "Cases prescribed by Presidential Decree" in the proviso of Article 30-2(1) of the Act means the following: <Amended on Jan. 5, 2021>
1. Where all the following requirements are met:
a. The average turnover for the immediately preceding three years of the person who conducts a business of providing flight training using aircraft (hereinafter referred to as "flight training provider"), among aircraft rental service providers, shall be at least 30 billion won, and the average net income for each year during the immediately preceding three business years shall be at least three billion won (The turnover and net income for each year means the turnover and net income for each year stated in the relevant profit and loss statements, but if the flight training provider concurrently operates another business, the terms mean the turnover and net income for each year from the business of providing flight training using aircraft);
b. The flight training provider has not suspended operations or closed down the relevant business during the last three years;
2. Where the Administrator of the relevant Regional Aviation Administration determines that trainees are unlikely to sustain damage due to a flight training provider's failure to return tuition fees because of deferred payment arrangement for tuition fees or any other arrangement.
[This Article Added on Jul. 17, 2017]
Article 19(Violations subject to, and amounts of, penalty surcharges) #
(1) The amount of a penalty surcharge to be imposed according to the type, severity, etc. of violation under Article 41(1) of the Act (including cases applied mutatis mutandis in Article 43(8), 45(8), 47(9), 49(9), 51(8), and 53(9) of the Act) shall be as specified in Appendix 5.
(2) Article 16 and 17 shall apply mutatis mutandis to the imposition, payment, payment reminder notice, and collection of penalty surcharges.
Article 20(Requirements for registration of aircraft maintenance services) #
The requirements for the registration of aircraft maintenance services under Article 42(2)1 and 2 of the Act shall be as specified in Appendix 6.
Article 21(Requirements for registration of aircraft ground handling services) #
The requirements for the registration of aircraft ground handling services under Article 44(2)1 and 2 of the Act shall be as specified in Appendix 7.
Article 22(Requirements for registration of air charter services) #
The requirements for the registration of air charter services under Article 46(2)1 and 2 of the Act shall be as specified in Appendix 8.
Article 23(Requirements for registration of ultra-light aircraft rental services) #
The requirements for the registration of ultra-light aircraft rental services under the main clause of Article 48(2)1 of the Act and subparagraph 2 of that paragraph shall be as specified in Appendix 9.
Article 24(Requirements for registration of sport and leisure aviation services) #
The requirements for the registration of sport and leisure aviation services under Article 50(2)1 and 2 of the Act shall be as specified in Appendix 10.
Article 24-2(Request for cooperation in case of on-board flight delays in movement areas) #
(1) Matters for which the Minister of Land, Infrastructure and Transport may request cooperation pursuant to Article 61-2(4) of the Act shall be as follows:
1. Request for cooperation to the heads of related agencies:
a. Preferential handling of general declaration and passenger manifests;
b. Preferential handling of procedures for permission related to the bringing in outside food;
c. Preferential handling of declaration of health of a crew and reports on alteration due to replacement of a crew;
d. Other matters requiring cooperation to settle the delay 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);
2. Request for cooperation to airport operators:
a. Receipt, dissemination and monitoring of situations where an aircraft is in the movement area for more than two hours;
b. Reallocation of aprons, support for traffic control and control of aircraft;
c. Support for procedures for the alighting of passengers;
d. Other matters requiring cooperation to settle the delay in the movement areas.
(2) Where the Minister of Land, Infrastructure and Transport requests the cooperation under paragraph (1), he or she shall do so in writing and specify the details of and reasons for the cooperation.
[This Article Added on May 26, 2020]
Article 25(Provision of Information on Total Amount of Airfare) #
(1) The total amount of airfare, etc. on which an air operator shall provide users of air transportation with information pursuant to Article 62(5) of the Act (hereinafter referred to as "total amount of airfare, etc.") shall be the aggregate of the following amounts: <Amended on Nov. 10, 2017>
1. Usage fees under Article 32(1) of the Airport Facilities Act;
2. Airfare and airfreight fees under Article 14(1) or (2) of the Act;
3. Usage fees for facilities of overseas airports;
4. Departure payments under Article 2(3) of the Tourism Promotion and Development Fund Act;
5. Deleted; <May 7, 2025>
6. Other amounts that users of air transportation shall pay to use air transportation services provided by the air operator.
(2) An air operator shall provide air transport users with information about the total amount of airfare, etc. pursuant to Article 62(5) of the Act, when representing, advertising, or introducing air tickets to air transport users. <Amended on Nov. 10, 2017>
(3) When a general sales agent or a travel agency under Article 61(10) of the Act (hereafter referred to as a "travel agency") represents, advertises or introduces an air ticket or any travel package with an air ticket included to an air transport user pursuant to Article 62(5) of the Act, he or she shall provide the air transport user with information about the total amount of airfare, etc.; provided, if the total amount of airfare, etc. is included in the price for the travel package, the information about the total amount of airfare, etc. shall be deemed to have been provided. <Amended on Nov. 10, 2017; Jul. 22, 2025>
(4) The following guidelines shall be observed in providing information about the total amount of airfare, etc. in representing, advertising, or introducing an air ticket or a travel package with an air ticket included pursuant to paragraph (2) or (3):
1. It shall be clearly stated whether the total amount of airfare, etc. is for a one way trip or for a round trip;
2. It shall be clearly stated whether items, such as fuel surcharges included in the total amount of airfare, etc. and fees for using overseas airport facilities, may vary according to the issue date of the ticket, exchange rates, etc.;
3. The "total amount of airfare, etc." shall be highlighted with a font size, shape, colors, etc. distinct from those of the matters specified in each subparagraph of paragraph (1), in representing or advertising an air ticket or a travel package with an air ticket included so that air transport users can easily notice the total amount of airfare, etc.;
Article 26(Publication of results of assessment of aviation services) #
When the Minister of Land, Infrastructure and Transport publishes the results of an assessment of aviation services pursuant to Article 63(5) of the Act, he or she shall publish such results in the website of the Ministry of Land, Infrastructure and Transport within 10 days from the date on which the assessment is completed.
Article 27(Promotion of aviation business) #
(1) The maximum amount of funds that the State may provide to an aviation business operator in the form of a subsidy or loan for part of required funds pursuant to Article 65(1) of the Act shall be:
1. In the case of Article 65(1)1 of the Act: A subsidy not exceeding 20/100, or a loan not exceeding 70/100, of the amount of losses caused by a war, civil war, terrorism or any similar event;
2. In the case of Article 65(1)2 of the Act: The amount determined by the Minister of Land, Infrastructure and Transport.
(2) A person who intends to receive a subsidy or a loan pursuant to Article 65(1) of the Act shall submit an application stating the following to the Minister of Land, Infrastructure and Transport:
1. The applicant's address and name (if the applicant is a corporation, its name and its representative's name);
2. The category, date, and number of license, permit, authorization, registration or reporting;
3. Reasons why the applicant intends to receive the subsidy or loan;
4. The amount of the subsidy or loan that the applicant intends to receive.
(3) The application under paragraph (2) shall be accompanied by the following documents. In such cases, the Minister of Land, Infrastructure and Transport shall verify the certificate of entries in the relevant corporate register (limited to cases where the applicant is a corporation) through administrative data matching under Article 36(1) of the Electronic Government Act:
1. A copy of the business operation plan or business plan pertaining to the license, permit, authorization or reporting;
2. A business plan for the business to be operated with the subsidy or loan;
3. If losses have been incurred by a war, civil war, terrorism or any similar event, the details of the amount of such losses and evidential documents.
Article 28(Establishment of Korea Aviation Association) #
In order to establish the Korea Aviation Association under Article 68 of the Act (hereinafter referred to as the "Association"), at least 1/10 of the persons qualified for membership of the Association shall prepare articles of association as promoters and shall obtain a resolution on the establishment at the inaugural general meeting held with the attendance of a majority of the persons qualified for membership of the Association.
Article 29(Article of association of Korea aviation association) #
(1) The articles of association of the Association shall include:
1. Objectives;
2. Name;
3. Seat of office;
4. Matters regarding members and general meetings;
5. Matters regarding executive officers;
6. Matters regarding business activities;
7. Matters regarding accounting;
8. Matters regarding dissolution;
9. Matters regarding amendment of the articles of association;
10. Matters concerning the methods of public notice by the Association.
(2) The articles of association under paragraph (1) shall be subject to approval by the Minister of Land, Infrastructure and Transport. This shall also apply where it is intended to amend any approved article.
Article 30(Business activities of Association) #
The Association shall:
1. Perform business activities for developing air transport services, the operation and management of airports and related services (hereinafter referred to as "air transport services, etc.);
2. Survey and research on and promote air transport services, etc.;
3. Perform business activities for improving the operation of airport facilities;
4. Train and support personnel engaged in air transport services, etc.;
5. Publish statistics and data related to aviation;
6. Collect and manage information related to aviation;
7. Perform business activities for improving and guiding the management of air transport services, etc.;
8. Survey and research on aviation systems of foreign countries;
9. Perform research service projects for promoting aviation;
10. Survey and research on aviation safety;
11. Perform business activities for facilitating international cooperation with foreign aviation agencies;
12. Perform business activities entrusted by the Minister of Land, Infrastructure and Transport;
13. Perform Services incidental to the business activities specified in subparagraphs 1 through 12.
Article 31(Supervision) #
The Minister of Land, Infrastructure and Transport shall supervise business activities of the Association and may issue orders necessary for robust development of the Association.
Article 32(Fostering of aviation-related institutions and organizations) #
(1) Aviation-related institution or organization that intends to be subsidized pursuant to Article 69(2) of the Act shall submit an application stating the following to the Minister of Land, Infrastructure and Transport:
1. The applicant's address and name (if the applicant is a corporation, its name and its representative's name);
2. Outline of the applicant‘s business;
3. Reasons why the applicant intends to be subsidized;
4. Amount the applicant intends to be subsidized.
(2) The application under paragraph (1) shall be accompanied by the following documents. In such cases, the Minister of Land, Infrastructure and Transport shall verify the certificate of entries in the relevant corporate register (limited to cases where the applicant is a corporation) through administrative data matching under Article 36(1) of the Electronic Government Act:
1. A business plan for the business to be operated with subsidization;
2. Articles of incorporation of a corporation or organization.
Article 33(Delegation and entrustment of authority) #
(1) Pursuant to Article 75(1) of the Act, the Minister of Land, Infrastructure and Transport shall delegate his or her authority for the following to the Administrator of each Regional Aviation Administration; provided, the authority for the affairs specified in subparagraph 1 shall be delegated only to the Administrator of Seoul Regional Aviation Administration: <Amended on Dec. 31, 2018; May 26, 2020; Nov. 8, 2022; Jul. 22, 2025>
1. Establishing and operating a flight information system under Article 6(1)1 of the Act;
2. Issuing permits (limited to cases where the period of operation is less than two weeks) or amended permits (limited to cases where the amended period of operation is less than two weeks) to domestic air operators to operate non-scheduled flights under Article 7(3) and (6) of the Act;
3. Issuing permits or amended permits to international air operators to operate non-scheduled flights under Article 7(3) and (6) of the Act (limited to permits or amended permits to operate non-scheduled flights to airports to which such flights are operable under an air services agreement with a foreign country without any restriction on capacity entitlements);
4. The following affairs for small-scale air transport services:
a. Registration under Article 10(1) of the Act;
b. Authorization of airfares and airfreight fees for international routes, acceptance of reports thereon, authorization for modification, and acceptance of reports on modification under Article 14(1) of the Act;
c. Receiving reports on the status of applications filed by air transport users for remedies for damage under Article 61(6) of the Act, results of processing such applications, etc.;
d. Receiving reports on stipulations of air transportation and reports on an amendment of such stipulations under Article 62(1) of the Act;
e. Inspection of the actual state of provision of information on the total amount of airfares, etc. under Article 62(7) of the Act.
5. Issuing permits for a route of scheduled flights and accepting reports on the operation of non-scheduled flights under Article 10(3) of the Act;
6. Registering alteration, accepting reports on alteration, and issuing permits for alteration under Article 10(5) of the Act;
7. Accepting emergency response plans for aviation accidents under Article 11 of the Act (limited to emergency response plans for aviation accidents of persons who intend to have their small-scale air transport services registered) and issuing orders to alter or modify the content of such plans;
Article 34(Re-examination of regulation) #
The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the following matters every three years starting from January 1, 2022 (referring to the period that ends on the day before January 1st of every third year) and shall take measures, such as making improvements: <Amended on Mar. 8, 2022>
1. The criteria for licensing operate domestic or international air transport services under Article 12 and Appendix 1;
2. The requirements for the registration of small-scale air transport services under Article 13 and Appendix 2;
3. Deleted; <Mar. 3, 2020>
4. The requirements for the registration of an aircraft use business under Article 18 and Appendix 4;
5. Deleted; <Mar. 8, 2022>
6. Deleted; <Mar. 8, 2022>
7. The requirements for the registration of a business of operating air charter services under Article 22 and Appendix 8;
8. Deleted; <Mar. 8, 2022>
9. The requirements for the registration of a business of operating sport and leisure aviation services under Article 24 and Appendix 10.
Article 35(Criteria for imposition of administrative fines) #
The criteria for imposing administrative fines under Article 84 of the Act shall be as specified in Appendix 11.