ACT ON THE MANAGEMENT OF INTERNATIONAL AVIATION CARBON EMISSIONS

Article 1(Purpose) #

The purpose of this Act is to contribute to the sound development and sustainable growth of the aviation industry by managing carbon emissions caused by international operation of aircraft in accordance with the standards and methods prescribed in the Convention on International Civil Aviation and Annex 16 to that Convention.

Article 2(Definitions) #

The terms used in this Act are defined as follows:

1. The term "aircraft" means aircraft defined in subparagraph 1 (a) of Article 2 of the Aviation Safety Act;

2. The term "international operation " means the operation of an aircraft taking off from the territory of one country and landing on the territory of another country;

3. The term "aviation fuel" means fuel that can be used in aircraft, and refers to the following fuels:

(a) Jet fuel defined in subparagraph 2 (a) of Article 2 of the Petroleum and Alternative Fuel Business Act;

(b) Fuels that may be used for aircraft, from among alternative fuels defined in subparagraph 11 of Article 2 of the Petroleum and Alternative Fuel Business Act;

(c) Fuels mixed with items (a) and (b).

4. The term "aircraft operator" means a person who operates an aircraft used for international operation;

5. The term "international aviation carbon" means carbon dioxide emitted by an aircraft from among greenhouse gases defined in subparagraph 5 of Article 2 of the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis, in the course of international operation; provided, carbon dioxide accrued from international operation prescribed by Decree of the Ministry of Land, Infrastructure and Transport, such as medical services and fire-fighting, shall be excluded herefrom;

6. The term "international aviation carbon credit" means a right concerning international aviation carbon emission listed in the registry recognized by the International Civil Aviation Organization (hereinafter referred to as "international aviation carbon credit registry") which meets the standards and methods prescribed in the Convention on International Civil Aviation and Annex 16 to that Convention;

7. The term "offset obligation amount" means the international aviation carbon emissions which a compliance entity under Article 6 (1) shall offset, which is calculated in consideration of the international aviation carbon emissions emitted by the compliance entity in the relevant year and the global rate of increase in the international aviation carbon emissions determined by the International Civil Aviation Organization in the relevant year.

Article 3(Responsibilities of the State) #

(1) The State shall formulate and implement comprehensive policies for the international aviation carbon emissions management.

(2) The Minister of Land, Infrastructure and Transport shall reasonably streamline and operate the relevant systems by enacting and amending the Convention on International Civil Aviation and Annex 16 to that Convention, investigating and analyzing international conventions or data from foreign governments, etc. related to the international aviation carbon emissions management.

(3) An aircraft operator shall endeavor to reduce the international aviation carbon emissions and to improve fuel efficiency of aircraft and shall actively cooperate with the State in policies for the international aviation carbon emissions management.

Article 4(Relationship to other statutes) #

This Act shall prevail over other Acts in applying to the international aviation carbon emissions management.

Article 5(Formulation of master plans) #

(1) The Minister of Land, Infrastructure and Transport shall formulate a plan for the international aviation carbon emissions management (hereinafter referred to as "master plan") every five years to systematically and efficiently manage international aviation carbon emissions.

(2) A master plan shall include the following:

1. Matters concerning domestic and international trends in international aviation carbon emissions management;

2. Matters concerning policy goals and strategies in international aviation carbon emissions management;

3. Matters concerning implementation plans by major means for the international aviation carbon emissions management and the reduction effect thereof;

4. Other matters prescribed by Decree of Ministry of Land, Infrastructure and Transport, which are necessary for offsetting and reducing the international aviation carbon emissions.

(3) The Minister of Land, Infrastructure and Transport shall formulate and implement a detailed implementation plan (hereinafter referred to as "implementation plan") every year in accordance with the master plan.

(4) Matters necessary for formulating a master plan and formulating and implementing an action plan pursuant to paragraphs (1) through (3) shall be prescribed by Presidential Decree.

Article 6(Designation and revocation of obligated entity) #

(1) The Minister of Land, Infrastructure and Transport shall designate and publicly notify any of the following aircraft operators as a person obligated to offset or reduce the international aviation carbon emissions (hereinafter referred to as an "obligated entity"):

1. An aircraft operator whose the international aviation carbon emissions generated from the operation of an aircraft with a maximum takeoff weight exceeding 5,700 kilograms are at least 10,000 tons per year;

2. An aircraft operator who files an application for designation as a person who does not fall under subparagraph 1 and who is not designated as an obligated entity.

(2) An aircraft operator designated and publicly notified as an obligated entity pursuant to paragraph (1) shall prepare a monitoring plan to measure the aviation fuel consumption, of the international aviation carbon emissions, etc. (hereinafter referred to as "monitoring plan") in accordance with the guidelines for the international aviation carbon emissions management prescribed and publicly notified by the Minister of Land, Infrastructure and Transport and shall obtain approval from the Minister of Land, Infrastructure and Transport. The same shall also apply to any modification thereof.

(3) Aircraft operator designated and publicly notified as an obligated entity pursuant to paragraph (1) shall file an application for approval of a monitoring plan with the Minister of Land, Infrastructure and Transport within 3 months from the date of designation and public notification.

(4) Where an aircraft operator designated and publicly notified as an obligated entity pursuant to paragraph (1) falls under any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the designation; provided, the Minister shall revoke the designation when the operator falls under subparagraph 1:

1. Where it ceases to exist due to business closure, dissolution, etc.;

2. Where the Minister of Land, Infrastructure and Transport orders an aircraft operator to suspend the effect of aircraft operator certification pursuant to Article 90 (9) of the Aviation Safety Act;

3. Where the Minister of Land, Infrastructure and Transport revokes aircraft operator certification of an aircraft operator pursuant to Article 91 (1) of the Aviation Safety Act;

4. Where an aircraft operator falling under paragraph (1) 2 requests the revocation of the designation as an obligated entity;

Article 7(Verification body) #

(1) The Minister of Climate, Energy and Environment may receive an application from a person who meets the standards prescribed by Presidential Decree, such as human resources, facilities, etc., designate an international aviation carbon emission verification body (hereinafter referred to as "verification body") that meets the standards and methods prescribed in the Convention on International Civil Aviation and Annex 16 to that Convention to objectively and professionally verify the emissions report under Article 8 (2) and the offset obligation report under Article 10 (2). <Amended on Oct. 1, 2025>

(2) The verification body shall comply with the business standards prescribed by Presidential Decree, such as not entrusting verification affairs to another institution.

(3) Where the verification body falls under any of the following cases, the Minister of Climate, Energy and Environment may revoke the designation of such agency or order it to suspend or correct its business operations for a specified period of up to a year; provided, in cases falling under subparagraph 1 through 3, the designation shall be revoked: <Amended on Oct. 1, 2025>

1. Where it has obtained the designation by fraud or other improper means;

2. Where it ceases to exist due to business closure, dissolution, etc.;

3. Where it has poorly performed verification services by intention or gross negligence;

4. Where it violates this Act or any other Act;

5. Where it ceases to meet the standards for designation under paragraph (1).

(4) A verification body shall regularly submit the results of performing verification services to the Minister of Climate, Energy and Environment, as prescribed by Presidential Decree. In such cases, the Minister of Climate, Energy and Environment may evaluate the results of performance submitted and disclose the results thereof on the Ministry’s website, etc. <Amended on Oct. 1, 2025>

(5) Matters necessary for the designation of verification bodies, the revocation of the designation thereof, the suspension of business operations and corrective orders, the disclosure of the results of evaluations, etc. under paragraphs (1) through (4) shall be prescribed by Presidential Decree.

Article 8(Measurement of and report on emissions) #

(1) An obligated entity shall measure annual international aviation carbon emissions, etc. in accordance with the monitoring plan approved pursuant to Article 6 (2).

(2) An obligated entity shall prepare an emissions report containing the following matters concerning the annual international aviation carbon emissions measured pursuant to paragraph (1) and request verification to a verification body:

1. Matters concerning aviation information, such as aircraft and routes;

2. Matters concerning the consumption and types of aviation fuel;

3. Other matters necessary for the measurement, reporting, etc. of the international aviation carbon emissions, which are prescribed and publicly notified by the Minister of Land, Infrastructure and Transport.

(3) A verification body requested by an obligated entity to verify emissions report pursuant to paragraph (2) shall prepare a verification report as to whether the emissions report is compliant and provide the report to the obligated entity.

(4) An obligated entity and a verification body shall submit (including submission in electronic form) an emissions report under paragraph (2) and a verification report under paragraph (3) to the Minister of Land, Infrastructure and Transport by the deadline prescribed by Decree of the Ministry of Land, Infrastructure and Transport, respectively. If the Minister of Land, Infrastructure and Transport deems it necessary after examining the appropriateness of the report, he or she may request an obligated entity or verification body to revise the report.

(5) Matters necessary for the preparation, submission, etc. of emission reports and verification reports under paragraphs (1) through (4) shall be prescribed by Presidential Decree.

Article 9(Calculation and notification of offset obligation amount) #

(1) The Minister of Land, Infrastructure and Transport shall calculate the offset obligation amount of an obligated entity in the relevant year based on an emissions report under Article 8 (2), a verification report under paragraph (3) of that Article, data publicly notified by the International Civil Aviation Organization, etc. and notify the obligated entity thereof.

(2) Where an obligated entity fails to submit an emissions report by the deadline under Article 8 (4), the Minister of Land, Infrastructure and Transport may calculate the annual international aviation carbon emissions and the offset obligation amount of the obligated entity ex officio after conducting a fact-finding survey under Article 14. In such cases, the Minister of Land, Infrastructure and Transport shall notify the obligated entity of the results thereof.

(3) Matters necessary for the calculation and notification of the offset obligation amount referred to in paragraphs (1) and (2) shall be prescribed by Ministerial Decree of the Land, Infrastructure and Transport.

Article 10(Performance and reporting of offset obligation) #

(1) An obligated entity shall purchase international aviation carbon credit equivalent to the offset obligation amount notified by the Minister of Land, Infrastructure and Transport and permanently delete them from the international aviation carbon credit registry by the deadline prescribed by Decree of the Ministry of Land, Infrastructure and Transport to fulfill its offsetting obligations; provided, this shall not apply to cases prescribed by Presidential Decree, such as where the offset obligation amount falls below a certain threshold, etc.

(2) An obligated entity shall prepare an offset obligation report containing the following matters concerning the fulfillment under paragraph (1) and request verification from a verification body:

1. Matters concerning the total quantity of international aviation carbon credit deleted from the international aviation carbon credit registry to fulfill the offset obligation;

2. Matters concerning the information on identification of international aviation carbon credit deleted from the international aviation carbon credit registry;

3. Other matters necessary for verifying the offset obligation, which are prescribed and publicly notified by the Minister of Land, Infrastructure and Transport.

(3) A verification body requested by an obligated entity to verify the offset obligation report pursuant to paragraph (2) shall prepare a verification report as to whether the offset obligation report is compliant and provide the report to the obligated entity.

(4) An obligated entity and a verification body shall submit (including submission in electronic form) an offset obligation report under paragraph (2) and a verification report under paragraph (3) to the Minister of Land, Infrastructure and Transport by the deadline prescribed by Decree of the Ministry of Land, Infrastructure and Transport, respectively. If the Minister of Land, Infrastructure and Transport deems it necessary after examining the appropriateness of the report, the Minister may request the obligated entity or verification body to revise the report.

(5) Matters necessary for the performance of the offset obligation, the preparation, submission, etc. of reports thereon, and verification reports under paragraphs (1) through (4) shall be prescribed by Presidential Decree.

Article 11(Keeping of data) #

(1) An obligated entity shall keep materials related to the offset or reduction of the international aviation carbon emissions for at least 10 years.

(2) Keeping and management of data under paragraph (1) and other necessary matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

Article 12(Support for obligated entity) #

The Minister of Land, Infrastructure and Transport may formulate supportive measures to prevent obligated entities from becoming less competitive as a result of reducing the international aviation carbon emissions.

Article 13(Cooperation with related agencies) #

The Minister of Land, Infrastructure and Transport shall provide the Minister of Climate, Energy and Environment with a monitoring plan, an emissions report, a verification report, or an offset obligation report performance under Articles 6 (2), 8 (4), and 10 (4) for the State to systematically respond to the climate crisis. <Amended on Oct. 1, 2025>

Article 14(Fact-finding survey) #

The Minister of Land, Infrastructure and Transport or the Minister of Climate, Energy and Environment (limited to matters concerning verification under subparagraphs 2 and 3) may conduct a fact-finding survey on the following matters by means of requesting an aircraft operator or verification body to report or submit data, or conducting an on-site survey to the extent necessary, etc. In such cases, the person subject to the fact-finding survey shall comply with such request, in the absence of good cause: <Amended on Oct. 1, 2025>

1. Matters concerning the designation of obligated entities under Article 6;

2. Measurement, reporting, or verification of international flight carbon emissions under Article 8;

3. Matters concerning the fulfillment, reporting, or verification of offset obligations under Article 10;

4. Matters concerning the keeping and management of data under Article 11.

Article 15(Delegation and entrustment of authority or affairs) #

(1) The Minister of Land, Infrastructure and Transport or the Minister of Climate, Energy and Environment may delegate part of his or her authority granted under this Act to the head of an affiliated agency, as prescribed by Presidential Decree. <Amended on Oct. 1, 2025>

(2) The Minister of Land, Infrastructure and Transport may entrust part of his or her duties imposed under this Act to a specialized institution or organization related to aviation, as prescribed by Presidential Decree.

Article 16(Fines) #

Any of the following persons shall be punished by a fine not exceeding 100 million won; provided, where the amount equivalent to 3 times the profit gained from the violation or the loss avoided exceeds 100 million won, the person shall be punished by a fine not exceeding the amount equivalent to 3 times the profit gained or the loss avoided:

1. A person who submits an emissions report on or verification report by fraud or other improper means, in violation of Article 8 (4);

2. A person who submits the offset obligation report on or verification report by fraud or other improper means, in violation of Article 10 (4).

Article 17(Joint penalty provisions) #

If the representative of a corporation (including an organization; hereafter the same shall apply in this Article), or an agent or employee of, or any other person employed, by a corporation or an individual commits a violation described in Article 16 in connection with the business affairs of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine prescribed in the relevant provisions; provided, this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision with respect to the relevant duties to prevent such offense.

Article 18(Administrative fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won:

1. A person who fails to file an application for approval of a monitoring plan within a deadline without good cause, in violation of Article 6 (3);

2. A person who fails to file an application for approval of modification of a monitoring plan within a deadline without good cause, in violation of Article 6 (6);

3. A person who fails to submit an emissions report or verification report within the deadline without good cause, in violation of Article 8 (4);

4. A person who fails to submit an offset obligation report or verification report within the deadline without good cause, in violation of Article 10 (4);

5. A person who refuses to submit a report or data or to undergo an on-site inspection, etc. without good cause, in violation of Article 14.

(2) Any person who fails to keep data in violation of Article 11 (1) shall be subject to an administrative fine not exceeding 5 million won.

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