Article 1(Purpose) #
The purpose of this Act is to establish the Korea Aerospace Administration and prescribe matters necessary for its organization and operation in order to effectively promote policies and projects to acquire innovative technologies through the development of aerospace technology, promote the aerospace industry, and protect the public from dangers from outer space.
Article 2(Definitions) #
The terms used in this Act are defined as follows:
1. "Space" means the outer space referred to in subparagraph 1b of Article 2 of the Space Development Promotion Act;
2. "Aviation" means the activity of flying in the air using an aircraft (referring to an aircraft as defined in subparagraph 2 of Article 2 of the Aerospace Industry Development Promotion Act); provided, the following activities are excluded:
a. Activities related to aviation services under subparagraph 5 Article 2 of the Aviation Safety Act;
b. Flight practice under Article 46 of the Aviation Safety Act;
c. Air traffic control practice under Article 47 of the Aviation Safety Act;
3. "Aerospace industry" means the aerospace industry as defined in subparagraph 1 of Article 2 of the Aerospace Industry Development Promotion Act;
4. "Aerospace technology" means aerospace science and technology as defined in subparagraph 6 of Article 2 of the Aerospace Industry Development Promotion Act;
5. "Dangers from outer space" means space dangers as defined in subparagraph 6 of Article 2 of the Space Development Promotion Act.
Article 3(Operating principles) #
The Administrator of the Korea Aerospace Administration shall endeavor to embrace a flexible organizational structure and operation based on expertise.
Article 4(Responsibilities of the State and local governments) #
The State and local governments shall prepare and implement necessary policy measures to develop aerospace technology, create a foundation for the aerospace industry, and strengthen competitiveness.
Article 5(Relationship to other statutes or regulations) #
This Act shall apply in preference to other statutes with respect to the organization of the Korea Aerospace Administration and the appointment, dismissal, public service ethics, etc. of public officials thereof.
Article 6(Establishment of Aerospace Administration) #
(1) The Korea Aerospace Administration is established under the jurisdiction of the Minister of Science and ICT to perform duties related to acquiring aerospace technology, promoting the aerospace industry, and preparing for dangers from outer space.
(2) the Korea Aerospace Administration shall perform its duties as a central administrative agency under Article 2 of the Government Organization Act.
(3) the Korea Aerospace Administration shall have 1 Chungjang (Administrator) and 1 Chajang (Vice Administrator); and the Administrator shall be a public official in political service, and the Vice Administrator shall be appointed from among members in general service of the Senior Executive Service [including a public official in a fixed term position under Article 26-5 of the State Public Officials Act (hereinafter referred to as "public official in a fixed term position")].
(4) the Korea Aerospace Administration shall have a mission directorate in charge of research and development of aerospace technology and projects related to the development and promotion of the aerospace industry as prescribed by Presidential Decree.
Article 7(Business affairs of Korea Aerospace Administration) #
The business affairs of the Korea Aerospace Administration shall be as follows:
1. Matters related to the establishment and coordination of aerospace-related policies;
2. Matters related to research and development and acquiring core technologies in the field of aerospace;
3. Matters related to the development and utilization of space resources;
4. Matters related to the development and promotion of the aerospace industry;
5. Matters related to civil-military cooperation and international cooperation related to aerospace;
6. Matters related to the development of human resources and expansion of the base in the field of aerospace;
7. Matters related to the observation and research of astronomical phenomena and space environment;
8. Matters related to preparedness for disasters caused by changes in the space environment such as sunspots and the Earth's magnetic field, and risks due to the fall, collision, etc. of space objects in outer space;
9. Matters related to the operation of and support for the National Space Committee under Article 6(1) of the Space Development Promotion Act;
10. Matters related to the management of space assets and space security that are determined by the Administrator of the Korea Aerospace Administration in consultation with the heads of relevant central administrative agencies (excluding diplomatic matters related to national security and matters related to purely national defense purposes);
11. Other matters designated as the business affairs of the Korea Aerospace Administration under this Act or other statutes.
Article 8(Special cases concerning composition of organization) #
(1) Notwithstanding Article 2(4) and (5) of the Government Organization Act, if necessary for the rapid and efficient development of aerospace technology, the Administrator of the Korea Aerospace Administration may determine the establishment of a Gwa (Division) or any staff agency equivalent to such Gwa and the allocation of business affairs thereto to the extent prescribed by Presidential Decree.
(2) Notwithstanding Article 2(8) of the Government Organization Act, the positions prescribed by Presidential Decree that are deemed to require special expertise among positions appointed as public officials in general positions of the Korea Aerospace Administration may be appointed as public officials in fixed term positions in excess of 20/100.
Article 9(Special cases concerning appointment) #
(1) In the case of the appointment of a public official in a fixed term position as a member in general service of the Senior Executive Service of the Korea Aerospace Administration, the evaluation under Article 2-2(3) of the State Public Officials Act and the examination under Article 28-6(3) of that Act shall be omitted.
(2) Notwithstanding Article 4 of the State Public Officials Act, the classification of ranks, or categorization of functional group and functional category, of public officials in fixed term positions of the Korea Aerospace Administration may be otherwise prescribed by Presidential Decree.
(3) Notwithstanding Article 26-3 of the State Public Officials Act, foreigners or persons with multiple nationalities (referring to persons with multiple nationalities under Article 11-2(1) of the Nationality Act) may be appointed as public officials in fixed term positions in any fields except for the following:
1. Fields of establishment and coordination of aerospace policies related to space security;
2. Other fields that may have significant impact on the security and interests of the State, which are determined by the Administrator of the Korea Aerospace Administration as unsuitable for foreigners or persons with multiple nationalities.
(4) Notwithstanding Article 26-5 and Article 28(1) and (2) of the State Public Officials Act, the following matters related to the appointment of public officials in fixed term positions of the Korea Aerospace Administration may be otherwise prescribed by Presidential Decree:
1. Requirements for appointment;
2. Procedures for appointment;
3. Eligibility requirements for examinations;
4. Methods of examination.
(5) Article 28-4 of the State Public Officials Act shall not apply to public officials in fixed term positions of the Korea Aerospace Administration.
(6) Notwithstanding Article 32(1) of the State Public Officials Act, public officials in fixed term positions of the Korea Aerospace Administration shall be appointed by the Administrator of the Korea Aerospace Administration.
(7) When appointing a public official in fixed term position, the Administrator of the Korea Aerospace Administration shall enter into an agreement on the following matters:
Article 10(Special cases concerning determination of remuneration) #
Notwithstanding Article 46(4) and Article 47(1) and (2) of the State Public Officials Act, the Administrator of the Korea Aerospace Administration may set different remuneration standards for public officials in fixed term positions of the Korea Aerospace Administration within the budget, taking into account the detailed duties of the positions and the degree of responsibilities thereof.
Article 11(Special cases concerning dispatched service and concurrent office-holding) #
(1) Notwithstanding Article 3(4) of the State Public Officials Act, the Administrator of the Korea Aerospace Administration may, if necessary for the efficient performance of its functions under Article 32-4(1) of that Act, dispatch a public official in a fixed term position of the Korea Aerospace Administration to work for a specified period at other State agency, public organization, public institution under Article 4 of the Act on the Management of Public Institutions, or domestic or foreign institution for education, research, or any other purpose; provided, the foregoing shall not apply if such period exceeds 6 months for education and training under the Act on the Capacity Development of Public Officials.
(2) Notwithstanding Article 64 of the State Public Officials Act, the Administrator of the Korea Aerospace may permit a public official in a fixed term position of the Korea Aerospace Administration to concurrently hold another position for profit within the period prescribed by Presidential Decree if all of the following requirements are met:
1. At the time of appointment, the public official in the fixed term position is participating in a research and development project under subparagraph 2 of Article 2 of the National Research and Development Innovation Act, and his or her concurrent office-holding is necessary to continue to perform the relevant research and development project;
2. There is no possibility that the performance of the research and development project under subparagraph 1 will impede the efficiency of the job or cause a conflict of interest (referring to a conflict of interest as defined in subparagraph 4 of Article 2 of the Act on the Prevention of Conflict of Interest Related to Duties of Public Servants).
(3) Matters necessary for eligibility, criteria, period with regard to dispatch under paragraph (1) and specific methods and procedures for concurrent office-holding permission under paragraph (2) shall be prescribed by Presidential Decree.
Article 12(Special cases concerning dismissal of public officials in fixed term positions) #
(1) Notwithstanding Articles 68 and 70(1) of the State Public Officials Act, the Administrator of the Korea Aerospace Administration may ex officio dismiss a public official in a fixed term of the Korea Aerospace Administration after deliberation and resolution of the deliberation committee under Article 70(4) of that Act if the public official falls within any of the following categories:
1. Where any of Article 70(1)3 through 5 and 7 through 9 of the State Public Officials Act is applicable to the public official;
2. Where the duties subject to Article 9(7)1 have ceased;
3. When it is determined that the performance goals under Article 9(7)3 have not been met due to poor work performance, etc.;
4. Where it is deemed difficult to continue performing the duties of the public official in the fixed term position due to reasons prescribed by Presidential Decree, such as lack of the specialized knowledge and skills required for the position;
5. Where the public official is engaged in serious misconduct prescribed by Presidential Decree in relation to the research and development projects promoted by the Korea Aerospace Administration, such as fabricating, falsifying, or plagiarizing data related to research and development projects (referring to research and development projects under subparagraph 2 of Article 2 of the National Research and Development Innovation Act) or research and development outcomes (referring research and development outcomes under subparagraph 5 of Article 2 of the National Research and Development Innovation Act).
(2) Notwithstanding Article 70(2) of the State Public Officials Act, where the Administrator of the Korea Aerospace Administration is required to obtain the opinion or consent of the disciplinary committee pursuant to Article 70(2) of State Public Officials Act for dismissal under paragraph (1)1 (only applicable to the cases under Article 70(1)3 through 5,7, and 8 of the State Public Officials Act), the competent disciplinary committee shall be the disciplinary committee established in the Korea Aerospace Administration.
Article 13(Aerospace Administration ethics committee) #
(1) the Korea Aerospace Administration ethics committee (hereinafter referred to as the "ethics committee") is established in the Korea Aerospace Administration to deliberate on the following matters:
1. Determination of whether it is necessary to hold stocks and whether the necessity of holding the stocks constitutes a reason for difficulty in selling the stocks under Article 14(1);
2. Confirmation of employment restriction or employment approval under Article 15(1);
3. Approval for handling under Article 15(2).
(2) The ethics committee shall consist of up to 13 members, including 1 chairperson and 1 vice chairperson; and 9 members, including the chairperson, shall be appointed from among judges, prosecutors, lawyers, educators, or other persons of learning and virtue.
(3) The qualifications, term of office, and appointment of members of the ethics committee and other matters necessary for the operation of the ethics committee shall be prescribed by Presidential Decree.
Article 14(Special cases concerning sale or trust of stocks) #
(1) The Administrator of the Korea Aerospace Administration chooses not to apply Articles 14-4 to 14-14 of the Public Service Ethics Act if the necessity of holding stocks and the difficulty of selling the stocks are proved in the case of a public official subject to disclosure of property.
(2) Where Articles 14-4 through 14-14 of the Public Service Ethics Act are not intended to be applied pursuant to paragraph (1), deliberation by the ethics committee shall be conducted.
(3) A public official in a fixed term position subject to disclosure of property shall be prohibited from engaging in any duties that may affect the management or property rights of the company that issued stocks held by the public official or any of his or her interested parties (referring to persons falling within the category of Article 4(1)2 or 3 of the Public Service Ethics Act, but excluding any of the persons falling within the category of Article 4(1)3 of that Act who refuses to report the matters related to his or her property pursuant to Article 12(4) of that Act) by means of approval, instruction, or expression of opinions or by any other means during his or her term of office; provided, the foregoing shall not apply to cases where it is impractical to refrain him or herself from engaging in such duties, such as where statutes or regulations prescribe that such duties shall be performed directly.
(4) In order to avoid engaging in such duties under the main clause of paragraph (3), if necessary, the public official in the fixed term position subject to disclosure of property shall take measures, such as having another person handle the relevant duties.
(5) If a public official in a fixed term position subject to disclosure of property is engaged in any duties related to stocks held by him or her or any of his or her interested parties as described in the proviso of paragraph (3), he or she shall file a report on the details of his or her direct or indirect engagement in the duties with the Administrator of the Korea Aerospace Administration on a quarterly basis by no later than tenth day after the end of the relevant quarter.
(6) The Administrator of the Korea Aerospace Administration shall publish the details of the report under paragraph (5) in the Official Gazette.
(7) If a public official in a fixed term position subject to disclosure of property, in violation of paragraph (3), engages in any duties related to such stocks, or in violation of paragraph (5), fails to file a report thereon, the Administrator of the Korea Aerospace Administration shall request the competent disciplinary committee under Article 81 of the State Public Officials Act to take disciplinary action.
Article 15(Special cases concerning restrictions on employment of retired public officials and restrictions on their handling of business affairs) #
(1) Notwithstanding the proviso, with the exception of the subparagraphs, of Article 17(1) of the Public Service Ethics Act and Article 18 of that Act, the confirmation or approval of employment under the proviso, with the exception of the subparagraphs, of Article 17(1) of that Act for a public official in a fixed term position of the Korea Aerospace Administration who is subject to employment screening under the main clause, with the exception of the subparagraphs, of Article 17(1) shall be made by the Administrator of the Korea Aerospace Administration after deliberation by the ethics committee.
(2) Notwithstanding Article 18-2(3) of the Public Service Ethics Act, in any of the following cases, approval for handling the relevant duties shall be granted by the Administrator of the Korea Aerospace Administration after deliberation by the ethics committee:
1. Where a public official in a fixed term position of the Korea Aerospace Administration intends to handle the duties specified in the subparagraphs of Article 17(2) of the Public Service Ethics Act that he or she performed directly while in office after retirement;
2. Where a public official in a fixed term position of the Korea Aerospace Administration, who is subject to employment screening based on the duties of an agency as referred to in Article 17(3) of the Public Service Ethics Act, is employed after retirement and intends to handle the duties described in the subparagraphs of Article 17(2) of that Act before 2 years have elapsed from the date of retirement.
(3) Where the Administrator of the Korea Aerospace Administration confirms or approves employment under paragraph (1) or approves handling under paragraph (2), he or she shall notify the competent public service ethics committee under Article 9 of the Public Service Ethics Act thereof without delay.
Article 16(Re-appropriation of budget) #
(1) Notwithstanding Article 46 of the National Finance Act, the Administrator of the Korea AeroSpace Administration may, if necessary for the performance of the business affairs under the subparagraphs of Article 7, re-appropriate the amounts in headings or items of the budget each fiscal year without obtaining the approval of the Minister of Economy and Finance, to the extent determined in advance in consultation with the Minister of Economy and Finance.
(2) Where the Administrator of the Korea AeroSpace Administration re-appropriates the budget under paragraph (1), he or she shall send a statement clearly describing the amount of each account and the reason for re-appropriation, to the Minister of Economy and Finance and the Board of Audit and Inspection, respectively.
(3) Article 46(3), (5), and (6) of the National Finance Act shall apply mutatis mutandis to restrictions, procedures, etc. for re-appropriation under paragraph (1).
Article 17(Establishment of Aerospace Promotion Fund) #
(1) The Administrator of the Korea Aerospace Administration may establish the Aerospace Promotion Fund (hereinafter referred to as the "Fund") to secure the financial resources necessary to promote the development of aerospace technology and efficiently support the promotion of the aerospace industry.
(2) The Fund shall be funded from the following sources:
1. Contributions and loans by the Government;
2. Contributions from non-governmental sources;
3. Proceeds generated from the operation of the Fund;
4. Royalty arising from national research and development projects supported by the Fund (referring to royalty under subparagraph 9 of Article 2 of the National Research and Development Innovation Act; hereinafter the same shall apply);
5. Donations from individuals, corporations, or organizations;
6. Deposits received from the Public Capital Management Fund under the Public Capital Fund Management Fund Act;
7. Transfers in from other accounts and other funds;
8. Other revenues prescribed by Presidential Decree.
(3) The Fund shall be used for any of the following purposes:
1. Support for projects to promote aerospace technology, such as research and academic activities on aerospace technology, human resource training, and international exchange;
2. Contributions, investments, or loans prescribed by Presidential Decree to support companies, educational institutions, research institutes, and aerospace-related institutions and organizations that conduct aerospace technology research and development or commercialize the results of such research and development;
3. Projects promoted by the Korea Aerospace Administration in accordance with subparagraphs 2 through 8 of Article 7;
4. Repayment of principal and interest on government loans;
5. Repayment of principal and interest on deposits received from the Public Capital Management Fund under the Public Capital Management Fund Act;
6. Expenditures for the creation, operation, and management of the Fund.
(4) The Fund shall be operated and managed by the Administrator of the Korea Aerospace Administration, but the Administrator may entrust all or part of the business affairs related to the operation and management of the Fund to a legal entity, etc. that performs aerospace-related duties as prescribed by Presidential Decree.
Article 18(Security and disaster measures) #
The Administrator of the Korea Aerospace Administration shall establish and implement security and disaster measures to prevent the leakage of technology related to the business affairs specified in subparagraphs of Article 7 and to protect facilities and employees, as prescribed by Presidential Decree.
Article 19(Establishment of Korea Aerospace Research Institute) #
(1) The Administrator of the Korea Aerospace Administration establishes the Korea Aerospace Research Institute (hereinafter referred to as the "Aerospace Research Institute") for research and development of aerospace science and technology.
(2) The Aerospace Research Institute shall be a corporation.
(3) The Aerospace Research Institute is established by registering its establishment at the location of its principal office.
(4) If the principal office of the Aerospace Research Institute is to be relocated, the consent of the competent standing committee of the National Assembly must be obtained.
(5) Except as provided in this Act and the Act on the Management of Public Institutions, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the Aerospace Research Institute.
(6) No person other than the Aerospace Research Institute under this Act shall use the name Korea Aerospace Research Institute or a similar name.
Article 20(Establishment of Korea Astronomy and Space Science Institute) #
(1) The Administrator of the Korea Aerospace Administration shall establish the Korea Astronomy and Space Science Institute (hereinafter referred to as the "Astronomy and Space Science Institute") for research and development of astronomical and space science and technology.
(2) The Astronomy and Space Science Institute shall be a corporation.
(3) The Astronomy and Space Science Institute shall be established by registering its establishment at the location of its principal office.
(4) If the principal office of the Astronomy and Space Science Institute is to be relocated, the consent of the competent standing committee of the National Assembly shall be obtained.
(5) Except as provided in this Act and the Act on the Management of Public Institutions, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the Astronomy and Space Science Institute.
(6) No person other than the Astronomy and Space Science Institute under this Act shall use the name Korea Astronomy and Space Science Institute or a similar name.
Article 21(Operating funds of Aerospace Research Institute and Astronomical Research Institute) #
(1) The Aerospace Research Institute and the Astronomy and Space Science Institute are operated with government contributions and other proceeds.
(2) The Government may pay contributions to the Aerospace Research Institute and the Astronomy and Space Science Institute within the budget to cover the expenses incurred in establishing and operating the Aerospace Research Institute and the Astronomy and Space Science Institute. In this case, the Government shall endeavor to ensure that the necessary financial resources are available for the continuous and stable operation of the Aerospace Research Institute and the Astronomy and Space Science Institute.
(3) If the Aerospace Research Institute and the Astronomy and Space Science Institute establish and operate a local organization in a local government at the request of the local government, the local government may pay contributions to the Aerospace Research Institute and the Astronomy and Space Science Institute within the budget to cover the necessary expenses.
Article 22(Delegation of authority or entrustment of business affairs) #
(1) The authority of the Administrator of the Korea Aerospace Administration under this Act may be delegated in part to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor, as prescribed by Presidential Decree.
(2) If necessary for the development of aerospace technology and promotion of the aerospace industry, the Administrator of the Korea Aerospace Administration may, as prescribed by Presidential Decree, entrust part of the business affairs under this Act to the Aerospace Research Institute, the Astronomy and Space Science Institute, and an institution established under the Act on the Establishment, Operation and Development of Government-funded Science and Technology Research Institutes, or any other corporation or organization:
Article 23(Legal fiction as public officials for purposes of applying penalty provisions) #
The following persons shall be deemed to be public officials for purposes of applying Articles 127 and 129 through 132 of the Criminal Act:
1. Employees who are not public officials of the Korea Aerospace Administration (limited to those who perform the business affairs under the subparagraphs of Article 7);
2. Members who are not public officials of the ethics committee;
3. Executive officers and employees of the Aerospace Research Institute and the Astronomy and Space Science Institute;
4. Executive officers and employees of an institution or any other corporation or organization engaged in the business affairs entrusted by the Administrator of the Korea Aerospace Administration (limited to cases related to the entrusted business affairs).
Article 24(Administrative fines) #
(1) A person who violates Article 19(6) or Article 20(6) shall be punished by a fine not exceeding 3 million won.
(2) The fines under paragraph (1) shall be imposed and collected by the Administrator of the Korea Aerospace Administration as prescribed by Presidential Decree.