Aviation Act


Published: 2010-05-31

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to contribute to the development of aviation and the promotion of public welfare by determining methods to assure safety in air navigation, promoting the efficient installation and management of aviation facilities, and establishing order in air transportation services, pursuant to the provisions of the Convention on International Civil Aviation and the standards and methods adopted by the Annex to the said Convention.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 2 (Definitions)   print
For the purposes of this Act, the definition of terms shall be as follows:
1. The term "aircraft" means airplanes, airships, gliders, rotorcraft and other apparatus to be used for aviation that are prescribed by Presidential Decree;
2. The term "aircraft for use by a State agency, etc" means aircraft owned or chartered by the State, a local government or any such public agency under the Act on the Management of Public Institutions as determined by Presidential Decree (hereinafter referred to as "State agency, etc"), which is used to carry out business activities falling under any of the following items: Provided, That this shall not include aircraft used in military, police and customs services:
(a) Search and rescue due to a calamity or disaster, etc.;
(b) Extinguishment and prevention of forest fires;
(c) Rescue and relief activities, such as transportation of emergency patients;
(d) Other business activities necessary to maintain the public peace and order;
3. The term "air service" means any of the following services:
(a) Operation of an aircraft by a person on board (excluding practice flights);
(b) Air traffic control;
(c) Operations management and operation of radio equipment;
(d) Safety validation of aircraft, engines, and propellers (hereinafter referred to as "aircraft, etc"), equipment, and parts in compliance with Article 22 after maintenance, repair, or alteration works (hereinafter referred to as "maintenance or similar") are completed;
4. The term "aircrew" means persons who have obtained a certificate of qualification as aircrew under the provisions of Article 25 (1);
5. The term "cabin crew" means crew who perform safety services, such as the progress of emergency escape aboard aircraft;
6. The term "airfield" means a specific area of land or water surface used for take-off (including take-off from the water; hereinafter the same shall apply) and landing (including landing on the water; hereinafter the same shall apply) of aircraft, which is determined by Presidential Decree;
7. The term "airport" means an airfield for public use which is provided with airport facilities and the name, location and area of which are designated and announced publicly by the Minister of Land, Transport and Maritime Affairs;
8. The term "airport facilities" means facilities for take-off and landing of aircraft and for the transport of passengers and freight, and incidental and support facilities thereof, which are inside and outside the airport zone and which are prescribed by Presidential Decree and designated by the Minister of Land, Transport and Maritime Affairs;
9. The term "airport zone" means an area used as an airport, and an area determined as the urban planning facilities as prescribed by Articles 30 and 43 of the National Land Planning and Utilization Act for the purpose of expanding an existing airport or constructing a new airport and publicly announced as a scheduled area for an airport development zone by the Minister of Land, Transport and Maritime Affairs;
10. The term "airport development projects" means projects related to new construction, enlargement, maintenance or improvement of airport facilities, implemented under this Act;
11. The term "landing zone" means a rectangular land or water surface centered on the centerline of a runway, the length and width of which are determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, which consists of the runway and a safety zone set up around the runway to reduce damage to aircraft and passengers if the aircraft deviate from the runway;
12. The term "flight information zone" means an airspace demarcated for the purpose of providing information necessary for the safe and efficient flight of aircraft and the search and rescue of aircraft in distress, the name and the vertical and horizontal division of which are designated and announced by the Minister of Land, Transport and Maritime Affairs pursuant to the provisions of the Convention on International Civil Aviation and the Annex thereto;
13. The term "aircraft accident" means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft for flight and the time all persons have disembarked, in which:
(a) A person suffers death or serious injury or is missing;
(b) The aircraft sustains substantial damage or breakdown or structural failure;
(c) The aircraft is missing or becomes completely inaccessible;
14. The term "aircraft incident" means an incident, other than an aircraft accident, involving circumstances indicating that an aircraft accident nearly occurs, which is prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
15. The term "aviation safety hindrance" means a hindrance, other than an aircraft accident and an aircraft incident, associated with the operation of aircraft and navigation safety facilities, which affected or might have affected aviation safety, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
16. The term "obstacle limitation surface" means a surface established around an airfield to be kept free of obstacles (referring to any geographical or natural feature, etc. that may interfere with the safe operation of aircraft) in order that aircraft operations may be conducted safely, which is prescribed by Presidential Decree;
17. The term "navigation safety facility" means a facility designed to assist the aircraft's navigation by means of cable communications, wireless communications, light, color or shape and prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
18. The term "aviation light" means a navigation safety facility designed to assist the aircraft's navigation by means of light and prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
19. The term "control area" means an aerial zone consisting of an airfield and its periphery, which is designated by the Minister of Land, Transport and Maritime Affairs for the safety of air traffic;
20. The term "control zone" means an aerial zone the height of which is not less than two hundred meters from the land or water surface and which is designated by the Minister of Land, Transport and Maritime Affairs for the safety of air traffic;
21. The term "airway" means a path through airspace displayed on the earth's surface designated by the Minister of Land, Transport and Maritime Affairs as suitable for navigation of aircraft;
22. The term "meteorological visible flight condition" means a good meteorological visibility for the navigation of aircraft, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, taking into consideration the range of visibility and the state of cloud;
23. The term "instrument flight meteorological condition" means any meteorological condition other than the meteorological visible flight condition;
24. The term "instrument flight" means a flight in which the measurement of the attitude, altitude, location and flight direction of aircraft depends only on the instrument mounted on the aircraft;
25. The term "instrument flight methods" means the following flight methods:
(a) Flight method of a take-off and ascending flight following it and a landing and descending flight preceding it, which are made within the control area, on an airway designated by the Minister of Land, Transport and Maritime Affairs under the provisions of Article 38 or on such flight way as directed by the Minister of Land, Transport and Maritime Affairs under the provisions of Article 70 (1), and with respect to other flight methods, those made in a manner directed by the Minister of Land, Transport and Maritime Affairs pursuant to the provisions of Article 70 (1);
(b) Method of performing any flight in the control zone, other than that referred to in item (a), in compliance with a direction of the Minister of Land, Transport and Maritime Affairs under the provisions of Article 70 (1);
26. The term "light aircraft" means those used for flying, other than aircraft, including fixed -wing planes, trike-wing planes, rotary-wing light planes, etc., as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
27. The term "light aircraft accident" means an occurrence associated with the flying of a light aircraft, in which:
(a) A person suffers death or serious injury or is missing;
(b) The light aircraft sustains a crash, collision or fire;
(c) The light aircraft is missing or completely inaccessible;
28. The term "ultra light flying equipment" means flying equipment, other than aircraft and light aircraft, which include motor flying equipment, gliders, balloons, unmanned flying equipment, etc. and are prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
29. The term "ultra light flying equipment accident" means an occurrence associated with the operation of an ultra light flying equipment, in which:
(a) A person suffers death or serious injury or is missing;
(b) The ultra light flying equipment sustains a crash, collision or fire;
(c) The ultra light flying equipment is missing or completely inaccessible;
30. The term "flight simulators" means equipments which simulate the cockpit of aircraft to revive the control functions of mechanical, electrical, and electronic apparatus, etc. and the performances, characteristics, etc. of flight in the same manner as aircraft do;
31. The term "air transportation business" means the commercial activity of transporting passengers or freight using aircraft in response to the demand of other persons;
32. The term "domestic air transportation business" means the air transportation business of operating the following flights using aircraft, the size of which is not less than that prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs:
(a) Regular domestic flights: Operation of aircraft pursuant to a regular flight schedule with a line fixed between airports in the Republic of Korea;
(b) Irregular domestic flights: Operation of aircraft in the Republic of Korea other than that provided for in item (a);
33. The term "international air transportation business" means the air transportation business of operating the following flights using aircraft, the size of which is not less than that prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs:
(a) Regular international flights: Operation of aircraft pursuant to a regular flight schedule with a line fixed between a domestic airport and a foreign airport or between foreign airports;
(b) Irregular international flights: Operation of aircraft, other than that provided for in item (a), between a domestic airport and a foreign airport or between foreign airports;
34. The term "small air transportation business" means any air transportation business, other than domestic air transportation business and international air transportation business;
35. The term "business using aircraft" means business that provides any commercial services by using aircraft, other than the air transportation business, as specified by Ordinance of the Ministry of Land, Transport and Maritime Affairs, which includes spraying agricultural chemicals, construction works, photographing or such, responding to other persons' demand;
36. The term "ground support service" means business that engages in refueling, loading and unloading of air cargoes or baggages, or any other ground services except maintenance or similar;
37. The term "aircraft maintenance service" means business that provides maintenance services or similar for aircraft, etc. or the equipment or parts thereof;
38. The term "commercial document delivery business" means the commercial business of delivering documents related to export and import, etc. falling under the proviso to Article 2 (2) of the Postal Service Act and accompanying samples by aircraft, to meet the demand of others;
39. The term "general sales agency" means the business of executing commercially and vicariously a conclusion of an international transportation contract of passengers or freight (excluding any vicarious execution of procedure to obtain a passport or visa) by aircraft on behalf of a person carrying on an air transportation business;
40. The term "city air terminal business" means the business of installing and operating facilities necessary for offering the convenience of transport and management of air passengers and freight in an area other than an airport zone.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 2-2 (Transfer of Authority and Liability for Chartered Aircraft)   print
In cases where an aircraft registered in a foreign country is chartered and operated or an aircraft registered in the Republic of Korea is chartered by a foreign country and operated, matters regarding the transfer of authority and liability related to the verification of decreased flights of the said chartered aircraft, management of qualifications of aircrew, aircraft operations, etc. shall be determined and announced by the Minister of Land, Transport and Maritime Affairs pursuant to the Convention on International Civil Aviation.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 2-3 (Special Cases of Application to Military Aircraft, etc.)   print
(1) With respect to military aircraft and persons engaged in air service concerned, this Act shall not apply.
(2) With respect to aircraft used for the customs or police services and persons engaged in air service concerned, this Act shall not apply: Provided, That the provisions of Articles 38-2, 40, 54 and 70 (1) shall apply thereto for the purpose of preventing mid-air collisions, except for cases of emergency mobilization stipulated by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) Provisions of paragraph (2) shall apply mutatis mutandis to the aircraft used by the United States of America pursuant to Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America, and to persons engaged in air service concerned.
(4) Articles 144 (1), 145, 146 and 151 shall not apply to the aircraft used by the United States of America pursuant to Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America, and to persons engaged in air service concerned.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 2-4 (Special Cases of Application to Aircraft for Use by State Agencies, etc.)   print
(1) The provisions of this Act (excluding the provisions of Articles 53, 56 and 153) shall apply to the aircraft for use by State agencies, etc. and persons engaged in air service concerned.
(2) Notwithstanding the provisions of paragraph (1), the provisions of Articles 38-2, 43 and 54, subparagraphs 1 through 3 of Article 55, Article 70 (1), and subparagraph 2 of Article 74-2 shall not apply to cases where the aircraft for use by State agencies, etc. are operated (including cases of operation for training) in an urgent need for the public use prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such as search and rescue due to a calamity or disaster, etc., extinguishment of a fire, transportation of emergency patients.
(3) In applying the provisions of Articles 49-3, 49-4, and 50 (5) and (6) to the aircraft for use by State agencies, etc., the "Minister of Land, Transport and Maritime Affairs" shall be deemed the "head of the competent administrative agency". In such cases, the head of the competent administrative agency shall notify the Minister of Land, Transport and Maritime Affairs of the contents of a report which he/she receives pursuant to the provisions of Articles 49-3, 49-4, and 50 (5) and (6).
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 2-5 (Establishment of Basic Plans for Aviation Policy)   print
(1) The Minister of Land, Transport and Maritime Affairs shall prepare a basic plan for national aviation policy (hereinafter referred to as "basic plan for aviation policy"; the matters concerning supporting and fostering of the aerospace industry under the Aerospace Industry Development Promotion Act shall be excluded herefrom; the same shall apply hereinafter) every five years.
(2) The basic plan for aviation policy shall include the following matters:
1. Changes and prospects of domestic and overseas environments of aviation policy;
2. Objectives, strategies and implementation plans by stage of the national aviation policy;
3. Matters concerning fostering and strengthening the competitiveness of domestic air transportation businesses or such;
4. Matters concerning efficient development and operation of airports;
5. Matters concerning protection of airport visitors and improvement of services;
6. Matters concerning training of aviation professionals and development of aviation safety technologies;
7. Matters concerning safety control for air traffic;
8. Other matters necessary for promotion of air transportation business, etc.
(3) The basic plan for aviation policy shall take precedence over the plan for development of aviation safety technologies under Article 37-2, the aviation safety program under Article 49 (1), and the medium and long term master plans for development of airports under Article 89, and shall serve as a basis for such plans and programs.
(4) The Minister of Land, Transport and Maritime Affairs shall, whenever he/she prepares the basic plan for aviation policy or revises any of such important matters thereof specified by Presidential Decree, consult with the heads of central administrative agencies concerned and the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Governor of a Special Self-Governing Province concerned (hereinafter referred to as "Mayor/ Do Governor").
(5) Whenever the Minister of Land, Transport and Maritime Affairs establishes or revises the basic plan for aviation policy pursuant to paragraph (4), he/she shall publicly announce it through the Official Gazette, and shall also notify the heads of central administrative agencies and the Mayor/ Do Governor concerned.
(6) The Minister of Land, Transport and Maritime Affairs shall establish an annual implementation plan necessary to implement the basic plan for aviation policy.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 2-6 (Establishment, etc. of Aviation Policy Committee)   print
(1) The Minister of Land, Transport and Maritime Affairs shall establish an aviation policy committee under his/her control for deliberation on the following matters related to aviation policy: <Amended by Act No. 8852, Feb. 29, 2008>
1. Establishment of, and revision to, the basic plan for aviation policy;
2. Establishment of, and revision to, the annual implementation plan under Article 2-5 (6);
3. Other important matters related to aviation policy, as brought up by the Minister of Land, Transport and Maritime Affairs for deliberation.
(2) Necessary matters concerning organization and operation of the aviation policy committee shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 8787, Dec. 21, 2007]
CHAPTER II AIRCRAFT
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 Article 3 (Registration of Aircraft)   print
Any person who owns or leases an aircraft, and has a right to use it (hereinafter referred to as "owner, etc."), shall register such aircraft with the Minister of Land, Transport and Maritime Affairs: Provided, That this shall not apply in cases of aircraft prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 4 (Acquisition of Nationality)   print
Aircraft registered under the provisions of Article 3 shall acquire the nationality of the Republic of Korea and have the rights and duties incidental thereto.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 5 (Registration of Ownership, etc.)   print
(1) Any acquisition, forfeiture or alteration of the ownership to an aircraft shall become effective only after such fact is registered.
(2) The right of lease to an aircraft shall become effective to a third person only after such fact is registered.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 6 (Restrictions on Registration of Aircraft)   print
(1) No aircraft owned or leased by a person falling under any of the following subparagraphs may be registered: Provided, That this shall not apply in cases where a national or legal entity of the Republic of Korea or any other person having the right to use has leased that aircraft:
1. A person who is not a national of the Republic of Korea;
2. A foreign government or foreign public organization;
3. A foreign legal entity or foreign organization;
4. A legal entity, not less than 50 percent of the shares of or a stake in which is owned by any person falling under any of subparagraphs 1 through 3 or which is virtually controlled by such person;
5. A legal entity in whose corporate register the representative is a foreigner, or in whose corporate register half or more of its officers are foreigners.
(2) No aircraft having foreign nationality may be registered.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 7 Deleted.<by Act No. 5963, Apr. 15, 1999>   print
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 Article 8 (Matters to be Registered)   print
(1) Where any owner, etc. files an application for registration of an aircraft, the Minister of Land, Transport and Maritime Affairs shall enter the following matters in the original aircraft register:
1. The type of aircraft;
2. Manufacturer of the aircraft;
3. Serial number of the aircraft;
4. Station of the aircraft;
5. Name or title, address and nationality of the owner or the lessee and lessor;
6. Date of registration;
7. Mark of registration.
(2) Matters other than those referred to in paragraph (1), which are necessary for the registration of aircraft, shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 9 (Issuance of Registration Certificate)   print
The Minister of Land, Transport and Maritime Affairs shall, upon making the registration of an aircraft under the provisions of Article 8, issue to the applicant an aircraft registration certificate.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 10 (Registration of Modification)   print
Where the station of an aircraft registered pursuant to Article 8 (1) 4 is modified, the owner, etc. shall apply for registration of such modification to the Minister of Land, Transport and Maritime Affairs within 15 days after the cause thereof occurs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 11 (Registration of Transfer)   print
In cases where the ownership or lease of a registered aircraft is transferred, the owner, transferee or lessee shall apply for registration of such transfer to the Minister of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 12 (Registration for Cancellation)   print
(1) Any owner, etc. shall apply for registration for cancellation to the Minister of Land, Transport and Maritime Affairs within 15 days after the cause occurs, when his/her registered aircraft falls under any of the following subparagraphs:
1. Where the aircraft is destroyed, ruined or dismantled (excluding any disassembly made for maintenance, rebuilding, transport or keeping);
2. Where it is unknown whether the aircraft exists or not, for two or more months;
3. Where he/she has transferred or leased the aircraft to a person who falls under any subparagraph of Article 6 (1) (limited to cases where the aircraft acquires foreign nationality);
4. Where he/she has lost the right to use the aircraft due to the expiration of the lease term and so on.
(2) In cases referred to in paragraph (1), if the owner, etc. fails to apply for the registration for cancellation, the Minister of Land, Transport and Maritime Affairs shall demand that he/she make an application therefor in a prescribed period of seven or more days.
(3) If the owner, etc. fails to apply for the registration for cancellation even after the demand is made under the provisions of paragraph (2), the Minister of Land, Transport and Maritime Affairs shall cancel the registration ex officio, and notify the fact to the owner, etc. and other interested persons.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 13 (Requests for Issuance, etc. of Copy, etc. of Registration)   print
Any person may request the Minister of Land, Transport and Maritime Affairs to issue a copy or abstract of the original aircraft register or to inspect such original aircraft register.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 14 (Attachment of Registration Symbol Mark)   print
(1) Any owner, etc. shall, upon registering the aircraft, attach the registration symbol mark to the aircraft according to such form, location, method, etc. determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 9780, Jun. 9, 2009>
(2) Deleted. <by Act No. 5794, Feb. 5, 1999>
(3) No person shall deface the registration symbol mark attached to the aircraft under the provisions of paragraph (1). <Amended by Act No. 9780, Jun. 9, 2009>
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 Article 15 (Certification of Airworthiness)   print
(1) Any person who desires to obtain certification (hereinafter referred to as "certification of airworthiness") stating that an aircraft is safe to fly (hereinafter referred to as "airworthiness") shall file an application therefor with the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) Certification of airworthiness may not be issued to any aircraft not having nationality of the Republic of Korea: Provided, That this shall not apply to cases of aircraft prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) Aircraft for which no certification of airworthiness is issued shall not be used for aviation: Provided, That this shall not apply in cases where the Minister of Land, Transport and Maritime Affairs permits it for a test flight, etc.
(4) The term of validity of certification of airworthiness shall be one year: Provided, That the term of validity thereof may be extended taking into account the type of the aircraft, the owner, etc.'s ability to maintain the aircraft (referring to the maintenance ability of any person who has obtained a maintenance organization certification in the event that the maintenance or similar is commissioned in accordance with Article 138 (2)), etc., as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(5) In issuing certification of airworthiness, the Minister of Land, Transport and Maritime Affairs shall inspect whether the aircraft conforms to technical standards to ensure the safety for aviation as proclaimed by the Minister of Land, Transport and Maritime Affairs (hereinafter referred to as "technical standards"), and then designate the operational limits of the aircraft. In such cases, the aircraft may, if it falls under any of the following subparagraphs, be exempted from some of the inspections, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs:
1. Aircraft which is certified as a type under the provisions of Article 17;
2. Aircraft which is issued approval for certification of type under the provisions of Article 17-2;
3. Aircraft manufactured by an aircraft maker who has obtained certification of manufacture under the provisions of Article 17-3;
4. Aircraft imported with airworthiness approval granted by the government of the exporting country.
(6) The Minister of Land, Transport and Maritime Affairs may, if he/she deems it difficult to ensure the safety of an aircraft due to failure to obtain approval provided for in Article 19 (1) or as a result of the inspection as prescribed in Article 153 (2), suspend the validity of certification of airworthiness as to the aircraft, or shorten the term of validity thereof.
(7) The owner, etc. shall, if he/she intends to operate an aircraft, keep the relevant aircraft in a state of airworthiness.
(8) The Minister of Land, Transport and Maritime Affairs shall frequently check whether the owner, etc. maintains aircraft he/she uses in a state of airworthiness pursuant to paragraph (7) and then may order the owner, etc. to maintain his/her aircraft, etc. or the equipment and parts thereof.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 15-2 (Airworthiness Approval for Exporting Aircraft, etc.)   print
(1) Any person who intends to export aircraft, etc. or the equipment or parts therefor, which are manufactured, operated or maintained in the Republic of Korea, may file an application for airworthiness approval for export with the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) The Minister of Land, Transport and Maritime Affairs shall, upon receiving an application under paragraph (1), inspect the aircraft, etc. or the equipment or parts therefor to grant approval on airworthiness for export if the Minister concludes that they conform to the relevant technical standards.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 16 (Certification of Conformity with Noise Standards)   print
(1) The owner, etc. of the aircraft prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs shall obtain certification of conformity with noise standards for the aircraft, when he/she obtains certification of airworthiness or the noise level of the aircraft is changed due to repair, modification and so on, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) No aircraft which fails to obtain certification of conformity with noise standards referred to in paragraph (1) or to meet the standards for such certification shall be operated: Provided, That this shall not apply to aircraft, the operation of which is permitted by the Minister of Land, Transport and Maritime Affairs.
(3) Matters necessary for certification of conformity with noise standards referred to in paragraph (1) and permission from operation as provided by the proviso to paragraph (2) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 17 (Certification of Type)   print
(1) Any person who intends to manufacture aircraft, etc. may have certification of type issued by the Minister of Land, Transport and Maritime Affairs with respect to the design of the aircraft, etc. as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. The same shall also apply in cases where he/she desires to modify it.
(2) In issuing certification of type under the provisions of paragraph (1), the Minister of Land, Transport and Maritime Affairs shall inspect whether the aircraft, etc. are in conformity with technical standards, and if it is deemed they conform to such technical standards, he/she shall issue certification of type.
(3) In cases where a domestic manufacturer of aircraft, etc. manufactures aircraft, etc. by introducing manufacturing technology for the aircraft, etc. holding certification of type issued by a foreign country, the Minister of Land, Transport and Maritime Affairs may omit part of the inspection referred to in paragraph (2), as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(4) Any person who intends to modify a design, in order to install the equipment or parts of other type in the aircraft, etc. for which certification of type referred to in paragraph (1) is granted or approval for certification of type provided for in Article 17-2 is issued, may obtain additional certification of type from the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 17-2 (Approval for Certification of Type for Imported Aircraft, etc.)   print
(1) Any aircraft maker who intends to export to the Republic of Korea aircraft, etc. with certification of type with respect to the design of aircraft, etc. issued by a foreign government may obtain approval (hereinafter referred to as "approval for certification of type") from the Minister of Land, Transport and Maritime Affairs as to whether certification of type issued by the foreign government for each classification of types of aircraft, etc. is in conformity with technical standards prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) In approving certification of type under the provisions of paragraph (1), the Minister of Land, Transport and Maritime Affairs shall inspect whether the aircraft, etc. in question are in conformity with technical standards: Provided, That such inspection may be exempted with respect to the aircraft, etc. which have been issued certification of type by any of foreign countries that have concluded an aviation safety accord with the Republic of Korea.
(3) The Minister of Land, Transport and Maritime Affairs shall, when he/she recognizes that, as a result of the inspection under the provisions of paragraph (2), the aircraft, etc. concerned are in conformity with technical standards, issue a written approval of certification of type, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 17-3 (Certification of Manufacture)   print
(1) Any person who intends to manufacture aircraft, etc. issued with certification of type under the provisions of Article 17 may obtain certification proving that he/she is in possession of technologies, facilities, manpower, inspection systems, etc. that make it possible for him/her to manufacture the aircraft, etc. in conformity with technical standards (hereinafter referred to as "certification of manufacture") from the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) Where any person who manufactures aircraft, etc. issued with certification of type under the provisions of Article 17 obtains certification of manufacture from a certificating institution which enjoys a high international credit and is prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, he/she shall be deemed to obtain certification of manufacture under paragraph (1).
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 18 (Change in Criteria for Inspection of Airworthiness Certification)   print
If technical standards are revised, and the type of aircraft for which certification of type is issued pursuant to Article 17 ceases to conform to the revised standards, the owner, etc. shall obtain approval for airworthiness from the Minister of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 19 (Approval for Repair and Modification)   print
(1) The owner, etc. of the aircraft for which certification of airworthiness is granted shall, if he/she intends to repair or modify the aircraft, etc. or the equipment and parts therefor within the scope prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, obtain approval for the conformity of such repair or modification with technical standards (hereinafter referred to as "approval for repair or modification") from the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) The owner, etc. shall be prohibited from using the aircraft, etc. or the equipment or parts therefor, for which approval for their repair or modification is not granted, for operation or other aircraft, etc.
(3) In cases falling under any of the following subparagraphs, notwithstanding the provisions of paragraph (1), if it is in conformity with technical standards, approval for repair or modification shall be deemed to have been granted:
1. Where any person who has obtained approval of type under Article 20 repairs or modifies technical-standard goods which have been manufactured by him/her;
2. Where any person who has obtained certification as a parts, etc. manufacturer under Article 20-2 repairs or modifies the equipment or parts manufactured by him/her;
3. Where any person who has obtained maintenance organization certification under Article 138 repairs or modifies aircraft, etc. or the equipment or parts therefor.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 20 (Approval of Type for Technical-Standard Goods)   print
(1) Any person who intends to design and manufacture equipment prescribed and published by the Minister of Land, Transport and Maritime Affairs in order to ensure the safety of aircraft, etc. (hereinafter referred to as "technical-standard goods") shall obtain approval of type with respect to the design and manufacture of the technical-standard goods from the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That the technical-standard goods that have been granted approval of type by any country that has concluded a pact on approval of type of the technical-standard goods with the Republic of Korea and are prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs shall be deemed to have been granted approval of type in accordance with the provisions of the main sentence.
(2) Any technical-standard goods that are not granted approval of type under paragraph (1) shall be prohibited from being used for aircraft, etc.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 20-2 (Certification as Parts, etc. Manufacturers)   print
(1) Any person who intends to manufacture equipment or parts to be used for aircraft, etc. shall obtain certification proving that he/she has the manpower, facilities, technology, test system, etc. that make it possible for him/her to manufacture the equipment or parts in conformity with technical standards (hereinafter referred to as "certification as a parts, etc. manufacturer") from the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That the same shall not apply to cases where he/she manufactures the equipment or parts falling under any of the following subparagraphs:
1. The equipment or parts of the same type manufactured by the manufacturer of the equipment or parts that are mounted on any imported aircraft, etc. at the time certification of type is granted under Article 17 or at the time approval for certification of type for the imported aircraft, etc. is granted under Article 17-2;
2. The technical-standard goods manufactured after obtaining approval of type under Article 20;
3. Other equipment or parts prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) Any owner, etc. shall be prohibited from using any equipment or parts, for which certification as a parts, etc. manufacturer is not granted, for any aircraft, etc. or any equipment.
(3) Any person obtained certification as a parts, etc. manufacturer from any country that has concluded a pact on certification as a parts, etc. manufacturer with the Republic of Korea shall be deemed to have been granted certification as a parts, etc. manufacturer under paragraph (1).
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 21 Deleted.<by Act No. 7024, Dec. 30, 2003>   print
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 Article 22 (Validation of Maintenance Works of Aircraft, etc.)   print
In cases where aircraft, etc. or the equipment or parts therefor had undergone maintenance works (the minor maintenance works specified by Ordinance of the Ministry of Land, Transport and Maritime Affairs and the repair and modification under Article 19 (1) shall be excluded herefrom), the owner, etc. may not operate the aircraft, etc. in aviation, unless it is validated by a person who holds a certification of qualification for an aircraft mechanic under subparagraph 9 of Article 26 that the aircraft, etc. or the equipment or parts therefor conform to the relevant technical standards: Provided, That aircraft, etc. may be operated in aviation if the maintenance works on aircraft, etc. or the equipment or parts therefor are performed in a region outside of the Republic of Korea where such validation is difficult to be obtained and if the safety of the aircraft, etc. or the equipment or parts therefor is validated by a person who has the qualification specified by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 23 (Ultra Light Flying Equipment, etc.)   print
(1) Any person who owns any ultra light flying equipment shall file a report on the kind, use, name of the owner, etc. of such equipment with the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, and attach the filing number to such equipment after such number is issued by the Minister of Land, Transport and Maritime Affairs: Provided, That this shall not apply in cases of ultra light flying equipment prescribed by Presidential Decree.
(2) Any person who desires to make a flight using ultra light flying equipment stipulated by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such as power flying equipment, in the aerial zone published by the Minister of Land, Transport and Maritime Affairs wherein any flight by ultra light flying equipment is limited, shall make a flight plan in advance and obtain approval therefor from the said Minister.
(3) Any person who desires to make a flight using ultra light flying equipment stipulated by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such as power flying equipment, shall obtain a confirmation from the institution or organization designated by Ordinance of the Ministry of Land, Transport and Maritime Affairs, to the effect that such equipment is compatible with the qualification criteria set and published by the Minister of Land, Transport and Maritime Affairs.
(4) Any person who desires to make a flight using ultra light flying equipment stipulated by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such as power flying equipment, shall obtain safety certification from the institution or organization designated by Ordinance of the Ministry of Land, Transport and Maritime Affairs, to the effect that such equipment is compatible with the technological criteria for flight safety set and published by the Minister of Land, Transport and Maritime Affairs.
(5) Any person who desires to make a flight using ultra light flying equipment stipulated by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such as power flying equipment which flies for commercial purposes, shall take out an insurance policy designated by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(6) The Minister of Land, Transport and Maritime Affairs may designate as a specialized educational institution an institution which satisfies the standards for manpower, facilities, etc. designated by Ordinance of the Ministry of Land, Transport and Maritime Affairs for the purpose of education and training of operators of ultra light flying equipment.
(7) Where ultra light flying equipment has had an accident, the operator of the equipment shall, without delay, report it to the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That where the operator is unable to make such report, the owner of the ultra light flying equipment shall make a report thereon.
(8) The operator of ultra light flying equipment shall comply with the matters prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs in operating the ultra light flying equipment so as not to cause any damage to human lives or property.
(9) Any person who desires to make a flight using ultra light flying equipment in the aerial zone published by the Minister of Land, Transport and Maritime Affairs wherein any flight by ultra light flying equipment is limited shall install therein or carry the equipment prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs to ensure the safety of flight and a speedy rescue in cases of an accident: Provided, That this shall not apply with respect to the ultra light flying equipment prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such as unmanned flying equipment. <<Enforcement Date: Jun. 10, 2012>>
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 23-2 (Report of Modification, etc. on Ultra Light Flying Equipment)   print
(1) Any person who owns any ultra light flying equipment shall, when he/she intends to modify any such matters reported pursuant to Article 23 (1), file a report on such modification with the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) Any person who owns any ultra light flying equipment shall, when he/she transfers the ownership of a reported ultra light flying equipment, file a report on such transfer with the Minister of Land, Transport and Maritime Affairs.
(3) Any person who owns any ultra light flying equipment shall, when a reported ultra light flying equipment is destroyed, ruined or dismantled (excluding any dismantlement made for maintenance, rebuilding, transport or keeping), file a report of cancellation thereof with the Minister of Land, Transport and Maritime Affairs within 15 days after the cause occurs.
[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]
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 Article 24 (Light Aircraft, etc.)   print
(1) Any person who desires to make a flight using a light aircraft shall make a flight plan in advance and obtain approval therefor from the Minister of Land, Transport and Maritime Affairs.
(2) Any person who desires to make a flight using a light aircraft shall obtain safety certification from the institution or organization designated by Ordinance of the Ministry of Land, Transport and Maritime Affairs, to the effect that such aircraft is compatible with the technological criteria for flight safety set and published by the Minister of Land, Transport and Maritime Affairs.
(3) The owner of a light aircraft or the person who desires to make a flight using a light aircraft shall, when he/she has had the aircraft or the equipment or parts therefor maintained, obtain validation from a person who holds a certification of qualification for an aircraft mechanic under subparagraph 9 of Article 26 to the effect that they conform to technical standards referred to in paragraph (2): Provided, That this shall not apply with respect to any minor maintenance determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(4) The owner of a light aircraft or the person who desires to make a flight using a light aircraft shall take out an insurance policy designated by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(5) The operator of a light aircraft shall comply with the matters prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs in operating the light aircraft so as not to cause any harm to human lives or property.
(6) Any person who desires to make a flight using a light aircraft shall be prohibited from using such aircraft for commercial purposes: Provided, That this shall not apply with respect to any flight made as a part of training for the operation of such aircraft.
(7) Where a light aircraft has had an accident, the operator of the aircraft shall, without delay, report it to the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That where the operator is unable to make such report, the owner of the light aircraft shall make a report thereon.
(8) With respect to light aircraft, the provisions of Articles 3 through 6, 8 through 14, 33, 34, 35, 36, 38-2, 39, 47, 54 and 70 shall apply mutatis mutandis.
[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]
CHAPTER III AIRCREW
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 Article 25 (Certification of Qualifications, etc. for Aircrew)   print
(1) Any person who intends to engage in air service or to make a flight using a light aircraft shall obtain certification of qualification for aircrew (hereinafter referred to as "certification of qualification") from the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) No person in any of the following categories shall be eligible for certification of qualification:
1. A person who is younger than any of the following ages:
(a) 17 years old, as a private pilot or for the operator of a light aircraft (16 years old, as a pilot of a private glider);
(b) 18 years old, as a commercial pilot, assistant pilot, flight navigator, flight engineer, air traffic controller or aircraft mechanic;
(c) 21 years old, as an airline transport pilot or a flight dispatcher;
2. Any person for whom two years have not elapsed from the date on which his/her certification of qualification was revoked after being subjected to a disposition taken to revoke such certification under the provisions of Article 33 (1).
(3) Notwithstanding the provisions of paragraphs (1) and (2), any military air traffic controller who controls aircraft at any air operations base governed by the Protection of Military Bases and Installations Act may perform his/her duties by obtaining accreditation of an qualification from the Minister of National Defense.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 26 (Classification of Certification of Qualification)   print
Certification of qualification shall be classified as follows:
1. Airline transport pilot;
2. Commercial pilot;
3. Private pilot;
4. Assistant pilot;
5. Operator of a light aircraft;
6. Flight navigator;
7. Flight engineer;
8. Air traffic controller;
9. Aircraft mechanic;
10. Flight dispatcher.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 27 (Scope of Service)   print
(1) No person holding a certification of qualification shall be engaged in any air service other than that pertaining to certification of qualification which he/she holds. <Amended by Act No. 9780, Jun. 9, 2009>
(2) The scope of services by certification of qualification for aircrew under paragraph (1) shall be as shown in attached Table. <Amended by Act No. 9780, Jun. 9, 2009>
(3) Deleted. <by Act No. 6944, Jul. 25, 2003>
(4) The provisions of paragraphs (1) and (2) shall not apply in cases where a person boards and operates an aircraft prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs (including handling of fuselage and engines on board the aircraft; hereinafter the same shall apply), and where a person conducts a test flight, etc. on board the aircraft of a new category, class or type, with permission from the Minister of Land, Transport and Maritime Affairs. <Amended by Act No. 9780, Jun. 9, 2009>
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 Article 28 (Limitation on Certification of Qualification)   print
(1) The Minister of Land, Transport and Maritime Affairs may limit the certification of qualification as follows:
1. For qualification for an airline transport pilot, commercial pilot, private pilot, assistant pilot or flight engineer: The category, class or type of aircraft;
2. For the operator of a light aircraft: The category of light aircraft;
3. For qualification for an aircraft mechanic: The category of aircraft and the scope of maintenance service.
(2) No aircrew member whose certification of qualification is limited under paragraph (1) shall be engaged in the aircraft of the category, class or type other than that of the limited aircraft, or in any air service beyond the limited scope of service.
(3) Detailed matters necessary for limiting certification of qualification under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 29 (Conduct of and Exemption from Examination)   print
(1) Any person who desires to obtain certification of qualification, shall pass the examination on academic subjects and practical test conducted by the Minister of Land, Transport and Maritime Affairs with respect to the knowledge and capabilities necessary for engaging in air service, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 9780, Jun. 9, 2009>
(2) In cases where the Minister of Land, Transport and Maritime Affairs restricts certification of qualification by the category, class or type of aircraft (including certification of instrument flights and practice flights under Article 34) under Article 28, he/she shall examine the flight careers, maintenance careers, etc. In such cases, the restriction on the initial certification of qualification on category and class may be examined by the practical test. <Amended by Act No. 9780, Jun. 9, 2009>
(3) Deleted. <by Act No. 5794, Feb. 5, 1999>
(4) The Minister of Land, Transport and Maritime Affairs may exempt the following persons from the whole or part of the test and examination referred to in paragraphs (1) and (2), as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: <Amended by Act No. 9780, Jun. 9, 2009>
1. Person who has a certification of qualification issued by a foreign government;
2. Person who has completed a training course conducted by any specialized educational institution provided for in Article 29-3;
3. Person who has business experience;
4. Person who has a qualification in the aeronautical technology field under the National Technical Qualifications Act.
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 Article 29-2 (Practical Test for Certification of Qualification in Use of Flight Simulators)   print
(1) The Minister of Land, Transport and Maritime Affairs may conduct the practical test referred to in Article 29 (1) using flight simulators instead of actual aircraft.
(2) A flight career using a flight simulator designated by the Minister of Land, Transport and Maritime Affairs shall be deemed to a flight career in use of aircraft referred to in Article 29 (2).
(3) Necessary matters concerning standards for designating flight simulators, the recognition of flight career, etc. under the provisions of paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 29-3 (Designation and Support of Specialized Educational Institutions)   print
(1) The Minister of Land, Transport and Maritime Affairs may designate any specialized educational institution for aircrew (hereinafter referred to as "specialized educational institution") in order to train aircrew, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) The Minister of Land, Transport and Maritime Affairs may provide specialized educational institutions designated pursuant to paragraph (1) with necessary support, within budgetary limits, to cover the whole or part of expenses required for training aircrew to be engaged in air transportation business. <Newly Inserted by Act No. 10162, Mar. 22, 2010>
(3) The standards for designating any specialized educational institution shall be set by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(4) In the event that any person who has been designated as a specialized educational institution fails to meet the designation standards referred to in paragraph (3), the Minister of Land, Transport and Maritime Affairs may revoke his/her designation. <Amended by Act No. 10162, Mar. 22, 2010>
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 30 Deleted.<by Act No. 7691, Nov. 8, 2005>   print
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 Article 31 (Certification of Medical Examination for Aircrew)   print
(1) Any person who falls under any of the following subparagraphs among those holding certification of qualification under subparagraphs 1 through 8 of Article 26 shall obtain certification of a medical examination for aircrew by certification of qualification from the Minister of Land, Transport and Maritime Affairs:
1. Any person engaged in air service on board an aircraft holding certification of qualification under subparagraphs 1 through 4, 6 and 7 of Article 26 (hereinafter referred to as "flight crew");
2. Any person who boards and operates a light aircraft after obtaining certification of qualification under subparagraph 5 of Article 26;
3. Any person who desires to be engaged in air service in the capacity of an air traffic controller after obtaining certification of qualification under subparagraph 8 of Article 26.
(2) Necessary matters concerning the standards and methods for, and the term of valid, etc. of, certification of a medical examination for aircrew by certification of qualification under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) Where a person subject to certification of a medical examination for aircrew meets the standards for certification of a medical examination for aircrew under paragraph (2), the Minister of Land, Transport and Maritime Affairs shall issue to him/her a certificate of medical examination for aircrew.
(4) Even if a person subject to certification of a medical examination for aircrew fails in part to meet the standards for certification of a medical examination for aircrew by certification of qualification under paragraph (2), the Minister of Land, Transport and Maritime Affairs may issue to him/her a certificate of a medical examination for aircrew by limiting the scope of air service concerned, if deemed necessary in consideration of the experience and competence of the person subject to certification of a medical examination for aircrew, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(5) Any person who is dissatisfied with the results of certification of a medical examination for aircrew by certification of qualification under paragraph (1) may raise an objection, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(6) Where the Minister of Land, Transport and Maritime Affairs has made a decision on an objection under paragraph (5), he/she shall, without delay, inform the applicant of the details of such decision.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 31-2 (Designation, etc. of Specialized Aviation Doctors)   print
(1) The Minister of Land, Transport and Maritime Affairs may designate a specialized doctor who has specialized education in aeronautic medical science (hereinafter referred to as "specialized aviation doctor") to efficiently and professionally conduct certification of a medical examination for aircrew by certification of qualification under Article 31, and allow him/her to perform the business of certifying aviation medical examination under the said Article.
(2) Necessary matters concerning the standards, procedures, etc. for designating specialized aviation doctors shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) Specialized aviation doctors shall complete specialized education regularly conducted by the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 31-3 (Revocation, etc. of Designation of Specialized Aviation Doctors)   print
(1) Where any specialized aviation doctor falls under any of the following subparagraphs, the Minister of Land, Transport and Maritime Affairs may revoke the designation or order the validity of the designation suspended for a fixed period of not more than one year: in cases of falling under any of subparagraphs 1 through 4, the designation shall be revoked:
1. Where a specialized aviation doctor no longer meets the standards for designation referred to in Article 31-2 (2);
2. Where a specialized aviation doctor wrongly issues a certificate of medical examination for aircrew deliberately or by gross negligence;
3. Where a specialized aviation doctor is subjected to revocation or suspension of his/her qualification pursuant to Article 65 or 66 of the Medical Service Act;
4. Where a specialized aviation doctor requests revocation of his/her designation;
5. Where a specialized aviation doctor fails to complete specialized education under Article 31-2 (3);
6. Where a specialized aviation doctor neglects to perform the services prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs pursuant to Article 31 (2).
(2) Necessary matters regarding the details, etc. of procedures to revoke designation of specialized aviation doctors and the suspension of validity of such designation shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]
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 Article 32 (Orders for Medical Examination for Aircrew)   print
The Minister of Land, Transport and Maritime Affairs may, when he/she deems it especially necessary, order flight crew and air traffic controllers whose certificates of medical examination for aircrew are still valid period to undergo medical examination under the provisions of Article 31.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 33 (Revocation, etc. of Certification of Qualification and Medical Examination for Aircrew)   print
(1) The Minister of Land, Transport and Maritime Affairs may, when any aircrew member falls under any of the following subparagraphs, revoke his/her certification of qualification or his/her limited certification of qualification (hereafter referred to as "certification of qualification, etc" in this Article) or order to suspend the validity of his/her certification of qualification, etc. for a fixed period of not more than one year: Provided, That where any aircrew member falls under subparagraph 2 or 32, certification of qualification, etc. shall be revoked:
1. When an aircrew member is sentenced to a fine or heavier punishment for violating this Act;
2. When an aircrew member obtains certification of qualification, etc. in an illegal manner;
3. When an aircrew member causes an aircraft accident resulting in personal injury or property damage deliberately or by gross negligence in the course of performing his/her duties;
4. When an air traffic controller causes a danger of collision, which constitutes an aircraft incident, deliberately or by gross negligence in the course of performing his/her duties;
5. When an aircrew member who is engaged in the validation of maintenance works pursuant to Article 22 validates aircraft, etc. or the equipment or parts therefor as conforming to the relevant technical standards, even though they do not meet the standards;
6. When an aircrew member violates Article 27 (1) by engaging in any air service, other than one allowed by the class of his/her certification of qualification;
7. When an aircrew member who has a limitation on his/her certification of qualification violates Article 28 (2) by engaging in any air service, other than those in the category, class or type of an aircraft or engaging in any maintenance works, other than those to which his/her certification of qualification is limited;
8. When an aircrew member violates Article 31 (1) (including cases to which the said provision shall apply mutatis mutandis pursuant to Article 35 (4)) by engaging in any air service or practice flights who has no certification of a medical examination for aircrew;
9. When an aircrew member violates Article 34 (1) by making an instrument flight or operating an aircraft in instrument flight mode without an instrument flight certificate;
10. When an aircrew member violates Article 34 (2) by conducting a flight instruction without flight instruction certification;
11. When an aircrew member violates Article 34-2 (1) by engaging in an air service under any subparagraph of the said paragraph without a certification of proficiency of spoken English for aviation;
12. When an aircrew member violates Article 38-2 (1) by flying in a non-controlled airspace or an airspace requiring attention without following the flying manner and procedure prescribed and announced by the Minister of Land, Transport and Maritime Affairs;
13. When an aircrew member violates Article 38-2 (2) by flying in prohibited airspace without permission therefor or without following the flying manner and procedure prescribed by the Minister of Land, Transport and Maritime Affairs;
14. When an aircrew member violates Article 45 by operating an aircraft for air transportation business or business using aircraft, or engaging in instrument flights, nighttime flights, or the flight instruction under Article 34 (2), without flight experience specified by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
15. When an aircrew member violates Article 47 (1) by engaging in an air service (including practice flights) in a state that he/she is unable to perform the service normally under the influence of any alcoholic beverage, etc.;
16. When an aircrew member violates Article 47 (2) by consuming or using any alcoholic beverage, etc. under paragraph (1) of the said Article while engaging in an air service (including practice flights);
17. When an aircrew member violates Article 47 (3) by refusing to comply with a request to indicate whether he/she has consumed or used any alcoholic beverage, etc. under paragraph (1) of the said Article;
18. When a flight crew member or an air traffic controller, who fails to meet the standards for certification of a medical examination for aircrew under Article 31 (2), violates Article 48 by engaging in an air service (including practice flights);
19. When an aircrew member causes an aviation safety hindrance under Article 49-3 (1), or a minor aviation safety hindrance under Article 49-4 (1), deliberately or by gross negligence;
20. When an aircrew member fails to perform his/her duties as a plane captain under any provision of Article 50 (2) or (4) through (6);
21. When a pilot operates an aircraft without accreditation or examination on his/her qualification for flight under Article 51;
22. When a plane captain violates Article 52 (2) by starting his/her aircraft or altering his/her flight plan without approval of a flight dispatcher;
23. When a pilot violates Article 53 by taking off or landing at any place, other than those allowed for taking off and landing;
24. When a pilot violates Article 54 (1) by flying in defiance of flight rules;
25. When an aircrew member violates Article 55 by doing any prohibited act while flying;
26. When an aircrew member violates Article 59 (1) by transporting a hazardous substance by an aircraft without permission;
27. When an aircrew member violates Article 70 (1) by disobeying the order and time for moving, taking off, or landing or the flying mode, as instructed by the Minister of Land, Transport and Maritime Affairs;
28. When an aircrew member violates Article 74 (2) by providing an air service, without carrying his/her certificate of qualification and certificate of medical examination for aircrew or his/her certificate of qualification specified by Ordinance of the Ministry of Land, Transport and Maritime Affairs with him/her;
29. When an aircrew member violates Article 74-3 by flying, or providing his/her service, without complying with the flight technology criteria under Article 74-2;
30. When an aircrew member violates Article 115-2 (4) by flying or providing his/her service, without complying with the operational criteria under paragraph (2) of the said Article;
31. When an aircrew member violates Article 116 (3) by providing his/her service, without observing the flight manual or the maintenance control manual under paragraph (1) of the said Article;
32. When an aircrew member violates an order to suspend his/her certification of qualification, etc. under this Article by providing an air service during the suspension period.
(2) The Minister of Land, Transport and Maritime Affairs may, when any aircrew member falls under any of the following subparagraphs, revoke certification of a medical examination for aircrew or order to suspend the validity of such certification for a fixed period of not more than one year: Provided, That where any aircrew member falls under subparagraph 1, his/her certification of a medical examination for aircrew shall be revoked:
1. When an aircrew member obtains certification of a medical examination for aircrew in an illegal manner;
2. When an aircrew member is deemed to be unfit for air services because he/she no longer meets the standards for certification of a medical examination for aircrew under the provisions of Article 31 (2);
3. When an aircrew member violates the provisions of Article 32, 47, 48, or 74 (2) (excluding cases where he/she fails to carry his/her certificate of qualification).
(3) Where any person, who applies for the examination for certification of qualification, etc. or undergoes other examination, commits an illegal act in relation to such examination or other examination, or any other person, who undergoes the medical examination for aircrew, commits an illegal act in relation to such medical examination, he/she shall be prohibited from applying for the examination for certification of qualification, etc. or from undergoing other examination under this Act and from undergoing the medical examination under this Act for two years, respectively from the date on which he/she commits such illegal act.
(4) Standards and procedures for dispositions under the provisions of paragraphs (1) and (2) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 34 (Certification of Instrument Flight and Flight Instruction)   print
(1) Where a person who obtains certification of qualification as an airline transport pilot (limited to cases where he/she flies a rotor aircraft), commercial pilot, private pilot or assistant pilot intends to make any flight falling under each of the following subparagraphs using an aircraft which he/she is allowed to fly, he/she shall obtain certification of instrument flight from the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs:
1. Instrument flight;
2. Flight by instrument flight mode.
(2) Any person who desires to conduct flight instruction for a person making any of the following practice flights shall obtain certification of flight instruction by category of aircraft from the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs:
1. Practice flights performed by a person without certification of qualification as prescribed by subparagraphs 1 through 4 of Article 26 on board an aircraft (excluding the aircraft prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs under Article 27 (4));
2. Practice flights performed by a person with certification of qualification as prescribed by subparagraphs 1 through 4 of Article 26 on board an aircraft other than that of such category as limited on certification of qualification.
(3) Matters necessary for flight instruction referred to in paragraph (2) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(4) The provisions of Articles 29 and 33 (1) and (3) shall apply mutatis mutandis to the instrument flight certification referred to in paragraph (1) and the flight instruction certification referred to in paragraph (2).
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 34-2 (Certification of Proficiency of Spoken English for Aviation)   print
(1) Any person who desires to be engaged in business falling under any of the following subparagraphs shall obtain certification of proficiency of spoken English for aviation from the Minister of Land, Transport and Maritime Affairs:
1. Operation of aircraft flying through airspace of two or more countries;
2. Control of aircraft flying through airspace of two or more countries;
3. Wireless communication with aircraft flying through airspace of two or more countries among air communication services under Article 80-3.
(2) Necessary matters concerning conducting the examination for certification of proficiency of spoken English for aviation under paragraph (1), the grades of such certification, the standards for passing the examination by grade, the valid period of such certification by grade, etc. shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) Where a person who desires to obtain certification of proficiency of spoken English for aviation meets the standards for passing the examination by grade as stipulated in paragraph (2), the Minister of Land, Transport and Maritime Affairs shall issue to him/her a certificate of proficiency of spoken English for aviation, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(4) Notwithstanding the provisions of paragraph (3), where a person who desires to obtain certification of proficiency of spoken English for aviation, performing control duties by obtaining an accreditation of qualification therefor from the Minister of National Defense under Article 25 (3), meets the standards for passing the examination by grade as provided for in paragraph (2), the Minister of National Defense may issue to him/ her a certificate of proficiency of spoken English for aviation.
(5) Each person who holds a certificate of proficiency of spoken English for aviation issued by a foreign government shall be exempted from the examination for certification of proficiency of spoken English for aviation under paragraph (2) within the limit of the effective term for each grade.
(6) The provisions of Article 33 (1) 2 and (3) shall apply mutatis mutandis with respect to certification of proficiency of spoken English for aviation under paragraph (1). In such cases, the terms "certification of qualification" and "certification of a medical examination for aircrew" shall be deemed "certification of proficiency of spoken English for aviation", respectively.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 35 (Practice Flights by Aircraft)   print
(1) The provisions of Articles 27 (1) and (2) and 28 (3) shall not apply to any flight for any of the following practice flights:
1. Practice flights performed by a person holding certification of qualification under subparagraphs 1 through 4 of Article 26 and that of medical examination for aircrew under Article 31 on board aircraft (limited to aircraft of limited category) other than that of a limited class or type, under the supervision of a person holding certification of qualification and that of medical examination for aircrew by which he/she is allowed to pilot the aircraft (including those who are designated by the Minister of Land, Transport and Maritime Affairs, who deems that they have knowledge and capability to pilot the aircraft);
2. Practice flights as prescribed by Article 34 (2) 1, which are performed under the supervision of a person holding the flight instruction certification after obtaining permission from the Minister of Land, Transport and Maritime Affairs;
3. Practice flights as prescribed by Article 34 (2) 2, which are performed under the supervision of a person holding the flight instruction certification.
(2) In cases where an applicant, who has filed an application for permission for practice flights pursuant to paragraph (1) 2, is deemed to have the capability necessary for carrying out practice flights by aircraft, the Minister of Land, Transport and Maritime Affairs who has received such application shall permit practice flights, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) Permission referred to in paragraph (1) 2 shall be made by issuing written permission for practice flights to the applicant.
(4) The provisions of Articles 31, 32 and 33 shall apply mutatis mutandis to a person who obtains permission referred to in paragraph (1) 2.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 36 (Carrying Written Permission for Flight Practice, etc.)   print
Any person who has received written permission for practice flights by aircraft issued pursuant to Article 35 (3) shall, when he/she practices flight, carry such written permission and his/her certificate of medical examination for aircrew.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 37 Deleted.<by Act No. 7024, Dec. 30, 2003>   print
CHAPTER IV OPERATION OF AIRCRAFT
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 Article 37-2 (Establishment and Implementation of Plan for Developing Aviation Safety Technology)   print
The Minister of Land, Transport and Maritime Affairs shall establish and implement a plan for developing aviation safety technology, which contains the following matters, in order to facilitate the development of aviation safety technology:
1. Matters concerning the development of aviation operation technology;
2. Matters concerning the training of persons in charge of aviation safety;
3. Matters concerning the innovation of air traffic control technology;
4. Other matters necessary to develop the aviation safety technology.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 38 (Designation of Airspace, etc.)   print
(1) Deleted. <by Act No. 7691, Nov. 8, 2005>
(2) The Minister of Land, Transport and Maritime Affairs may, when he/she deems it necessary for the systematic and efficient adminstration of airspace, divide flight information zones into airspace falling under each of the following subparagraphs and then designate and publish the divided flight information zone: <Amended by Act No. 9780, Jun. 9, 2009>
1. Controlled airspace: Airspace where instructions from the Minister of Land, Transport and Maritime Affairs with respect to the order, time, method, etc. of the flight of aircraft are required for the safety of air traffic and such airspace includes the controlled zone and the controlled area;
2. Non-controlled airspace: Airspace, other than the controlled airspace where advice, flight information, etc. required for flight are offered to pilots on board aircraft;
3. Prohibited airspace: Airspace where the prohibition or restriction of the flight of aircraft is required for air traffic safety;
4. Airspace requiring attention: Airspace where pilots are required to remain especially attentive, alert and discernable while flying their aircraft.
(3) The Minister of Land, Transport and Maritime Affairs may, when he/she deems it necessary, further divide airspace defined under the provisions of paragraph (2) into smaller zones and publish them after separately designating them, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 9780, Jun. 9, 2009>
(4) Standards for establishing airspace referred to in paragraphs (2) and (3) and other necessary matters concerning the designation, etc. of such airspace shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 9780, Jun. 9, 2009>
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 Article 38-2 (Restrictions on Flights)   print
(1) Any aircraft flying in non-control airspace or airspace requiring attention under the provisions of Article 38 (2) shall abide by flight methods and procedures determined and published by the Minister of Land, Transport and Maritime Affairs with respect to such airspace.
(2) Any aircraft shall be prohibited from flying in the prohibited airspace as provided for in Article 38 (2): Provided, That the same shall not apply to cases where any aircraft flies in the prohibited airspace in such methods and procedures as prescribed by the Minister of Land, Transport and Maritime Affairs after obtaining permission from the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 38-3 (Establishment of Airspace Committee)   print
(1) To deliberate on matters necessary for designating and administering airspace pursuant to the provisions of Article 38, an Airspace Committee shall be established under the control of the Minister of Land, Transport and Maritime Affairs.
(2) Matters necessary for the composition, operation, functions, etc. of the Airspace Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 38-4 (Cooperation by Head of Relevant Administrative Agency in Air Traffic Safety)   print
The Minister of Land, Transport and Maritime Affairs shall make mutual cooperation with the head of relevant administrative agency in the matters falling under each of the following subparagraphs for the purpose of securing the air traffic safety. In such cases, he/she shall take the national security into consideration:
1. Matters concerning air traffic control;
2. Matters concerning the efficient management of airspace;
3. Other matters necessary for the air traffic safety.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 38-5 (Airspace Management in Wartime, etc.)   print
Airspace management at the time of war, or of a declaration of united defense situations under the United Defense Act, shall be in accordance with relevant Acts in wartime and with the United Defense Act.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 39 (Indication of Nationality, etc.)   print
(1) No aircraft without the indication of nationality, the mark of registration and the name or title of ownership, etc. shall be used for aviation: Provided, That this shall not apply to cases where the test flight, etc. is permitted under the proviso to Article 15 (3).
(2) Matters necessary for indication of nationality, etc. under paragraph (1) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 40 (Duty to Install and Operate Wireless Apparatus)   print
Any person who desires to use an aircraft for aviation or the owner, etc. of the aircraft shall have the aircraft equipped with, and operate, wireless apparatus, including radio beacon apparatus for emergency position information, secondary monitoring radar transponder, etc., as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 40-2 (Duty to Install and Operate Wireless Apparatus in Light Aircraft)   print
Any person who desires to use a light aircraft for aviation or the owner, etc. of such aircraft shall have the aircraft equipped with, and operate, wireless apparatus, including a wireless communication telephone, aircraft identity transponder, etc., as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]
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 Article 41 (Installation, Loading, Operation, etc. of Aeronautical Instruments, etc.)   print
(1) Any person who desires to use an aircraft for aviation or the owner, etc. of the aircraft shall have the aircraft equipped with, and operate, aeronautical instruments, equipment and documents, emergency and firstaid equipment, etc. (hereinafter referred to as "aeronautical instruments, etc.") necessary for the safe flight of the aircraft.
(2) Matters necessary for aircraft to be provided with such aeronautical instruments, etc. referred to in paragraph (1), the kinds of such aeronautical instruments, etc., the standards for installing and loading such aeronautical instruments, etc., the methods for operating such aeronautical instruments, etc. shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Articles 42 and 42-2 Deleted.<by Act No. 7691, Nov. 8, 2005>   print
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 Article 43 (Fuel, etc. for Aircraft)   print
No owner, etc. shall operate an aircraft without loading the quantity of fuel and oil prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 44 (Aircraft Lighting)   print
Where any aircraft flies, or stops or rests at an airport during the night (referring to the interval between the sunset and sunrise; hereinafter the same shall apply), the location of the aircraft shall be shown by signal lights, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 45 (Requirements for Flight Crew)   print
If a flight crew member intends to operate an aircraft used for air transportation business or business using aircraft, to operate an aircraft used for flights outside of the Republic of Korea which meets the standards set by Ordinance of the Ministry of Land, Transport and Maritime Affairs with respect to the weight of aircraft, the number of passengers seats, etc., or to be engaged in instrument flights, night flights or the flight instruction as prescribed in Article 34 (2), he/she shall have such flight experience (including any flight experience gained from flight simulators) as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009] <<Enforcement Date: Nov. 18, 2010>>
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 Article 46 (Standards, etc. of Time on Board)   print
(1) The Minister of Land, Transport and Maritime Affairs may restrict the working hours, etc. on board the aircraft for flight crew and cabin crew (hereinafter referred to as "crew") engaged in an air transportation business or business using aircraft taking into consideration the safety of flight.
(2) Necessary matters regarding the standards of working hours, etc. on board referred to in paragraph (1) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 47 (Alcoholic Beverages)   print
(1) All aircrew (including any person engaged in practice flights; hereafter in this Article the same shall apply) and all cabin crew shall be prohibited from rendering their services in a state under which they are unable to render normal air services (including practice flights; hereafter in this Article the same shall apply) and cabin services due to the influence of alcoholic beverages or the narcotics, etc. provided for in subparagraph 1 of Article 2 of the Act on the Control of Narcotics, etc. (hereinafter referred to as "alcoholic beverages, etc.").
(2) All aircrew and all cabin crew shall be prohibited from drinking or using alcoholic beverages, etc. while rendering air services and cabin services.
(3) The Minister of Land, Transport and Maritime Affairs may, if he/she deems it necessary to ensure the safety of aviation and prevent any danger or finds the justifiable grounds that any aircrew member or any cabin crew member is found to render his/her services in violation of the provisions of paragraph (1) or (2), measure by using a breath analyzer, etc. as to whether he/she drinks or consumes any alcoholic beverage, etc., and such aircrew member or such cabin crew member shall comply with any request for such measurement.
(4) With respect to any aircrew member or any cabin crew member who is dissatisfied with the results of the measurement performed in accordance with paragraph (3), the Minister of Land, Transport and Maritime Affairs may repeat such measurement by means of blood collecting, urine analysis, etc. after obtaining his/her consent thereto.
(5) The state in which any aircrew member or any cabin crew member is unable to render his/her normal air services or cabin services due to the influence of alcoholic beverages, etc. shall be as follows:
1. When he/she is found to have a blood alcohol concentration of not less than 0.04 percent due to drinking any alcoholic beverage;
2. When he/she uses narcotics, etc. provided for in subparagraph 1 of Article 2 of the Act on the Control of Narcotics, etc.
(6) Necessary matters concerning kinds of alcoholic beverages, etc., detailed procedures for measuring them, keeping the record of such measurement, etc. under paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 48 (Physical Disability)   print
No flight crew nor air traffic controller who is in breach of the standards for certification of a medical examination for aircrew under Article 31 (2) shall be engaged in any air service (including practice flight) even in the valid period of the previous certification of a medical examination for aircrew.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 49 (Aviation Safety Program)   print
(1) The Minister of Land, Transport and Maritime Affairs shall establish and publish an aviation safety program that shall include the following matters:
1. Objectives of national aviation safety;
2. Matters concerning activities of each sector in detail for attaining the objectives for aviation safety under subparagraph 1, including operation of aircraft, affairs related to air traffic, operation of navigation facilities, operation of airports, and maintenance of aircraft;
3. Matters concerning the reporting system on aircraft accidents, aircraft incidents, aviation safety hindrances, etc.;
4. Matters concerning activities related to self-inspection and self-supervision for aviation safety;
5. Matters concerning identity of potential risks to aviation safety and performance of countermeasures therefor;
6. Matters concerning continuing self-monitoring and regular self-assessment on safety.
(2) Any of the following persons shall establish an aviation safety management system to prevent aircraft accidents, etc. and ensure safety in aviation in accordance with the aviation safety program under paragraph (1) prior to the commencement of his/her service and shall operate the system with approval of the Minister of Land, Transport and Maritime Affairs. The foregoing shall also apply to any revision to an important matter therein as specified by Ordinance of the Ministry of Land, Transport and Maritime Affairs:
1. An installer of a navigation safety facility under Article 75 (2) or a manager of a navigation safety facility under Article 80 (1);
2. An airport operator under Article 111-2 (1);
3. A holder of license for a domestic air transportation business or an international air transportation business under Article 112 (1) or a person whose small air transportation business is registered under Article 132 (1) (hereinafter referred to as "air transportation business operator");
4. A person whose aircraft maintenance service is registered under Article 137-2 (1).
(3) The Minister of Land, Transport and Maritime Affairs shall establish and operate a safety management system for affairs related to air traffic in accordance with the aviation safety program under paragraph (1) so that such affairs can be carried out systematically.
(4) The matters listed in the following subparagraphs shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs:
1. Matters necessary for establishment of the aviation safety program under paragraph (1);
2. Matters to be included in the aviation safety management system under paragraph (2), and matters necessary for the criteria for approval on such system and for the establishment and management thereof;
3. Matters necessary for establishment and management of the safety management system for affairs related to air traffic under paragraph (3).
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 49-2 (Assistance Plans for Aircraft Accidents)   print
(1) As stipulated by Ordinance of the Ministry of Land, Transport and Maritime Affairs, each air transportation business operator shall submit an assistance plan for passengers involved in aircraft accidents and their families (hereinafter referred to as "assistance plan for aircraft accidents") to the Minister of Land, Transport and Maritime Affairs: Provided, That a person who intends to obtain a license to operate air transportation business shall submit such plan when he/she files an initial application for such license.
(2) The assistance plan for aircraft accidents shall include matters listed in the following subparagraphs:
1. Matters regarding establishment and operation of the aircraft accident management center;
2. Matters regarding relief and procedures for compensation to passengers;
3. Matters regarding identity, confirmation, management and delivery of remains and keepsakes of deceased passengers;
4. Matters regarding notification and assistance to the families of passengers;
5. Other matters stipulated by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) Where the Minister of Land, Transport and Maritime Affairs recognizes that the contents of an assistance plan for aircraft accidents are not appropriate for swift settlement of aircraft accidents, he/she may make an order for supplementing or changing the contents thereof.
(4) Where an aircraft accident has occurred, the air transportation business operator concerned shall, without delay, conduct the matters included in the assistance plan for aircraft accidents.
(5) The Minister of Land, Transport and Maritime Affairs shall not grant a business license to any person who has failed to submit an assistance plan for aircraft accidents pursuant to the proviso to paragraph (1), or has failed to fulfill the order for complement or change pursuant to the provisions of paragraph (3).
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 49-3 (Compulsory Report on Aircraft Safety)   print
(1) If any aircrew member or other person concerned who causes, or discovers that there occurred, any aircraft accident, aircraft incident or aviation safety hindrance shall report it to the Minister of Land, Transport and Maritime Affairs.
(2) The scope of such aircrew members and other persons concerned as provided for in paragraph (1), the matters to be included in the report, the time, methods and procedures for reporting, etc. shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]
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 Article 49-4 (Voluntary Report on Aviation Safety)   print
(1) Any person who caused a state prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, which impairs or is feared to impair safety in air navigation (hereinafter referred to as "minor aviation safety hindrance"), other than an aircraft accident, aircraft incident and aviation safety hindrance, or any person who discovers that a minor aviation safety hindrance or who anticipates that such hindrance will occur, may file a report on the fact (hereinafter referred to as "voluntary report on aviation safety") with the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) The Minister of Land, Transport and Maritime Affairs shall not disclose the identity of any person against his/her will, who files a voluntary report on aviation safety pursuant to the provisions of paragraph (1).
(3) A person who caused any minor aviation safety hindrance in violation of any provision of Article 33 (1) 5 through 19 or 21 through 30 may be excused from the disposition under Article 33 (1), if he/she files a report under paragraph (1) within ten days after such hindrance is brought about: Provided, That this shall not apply in cases where such hindrance is caused deliberately or by gross negligence.
(4) The matters to be included in the voluntary report on aviation safety, the methods and procedures for reporting, etc. shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]
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 Article 50 (Power, etc. of Plane Captain)   print
(1) Any person who is responsible for the flight safety of an aircraft (hereinafter referred to as "plane captain") shall direct and supervise the crew of the aircraft.
(2) No plane captain shall take off an aircraft without confirming whether the preparation of the aircraft for operation is complete, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) If an aircraft or its passengers encounter or are anticipated to encounter any danger, the plane captain may order passengers on board the aircraft to evacuate from the aircraft as directed or take other necessary safety measures.
(4) If an aircraft encounters any danger during aviation, the plane captain shall take measures necessary for the rescue of passengers and prevention of danger to persons or things on land or water, and shall not leave the aircraft unless he/she has taken measures to ensure the passengers and other persons on board leave the aircraft.
(5) If an aircraft accident, aircraft incident or aviation safety hindrance occurs, the plane captain shall report it to the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That if the plane captain is unable to make the report, the owner, etc. of the aircraft shall report it.
(6) If the plane captain discovers that another aircraft has had an aircraft accident, aircraft incident or aviation safety hindrance, he/she shall report it to the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That this shall not apply to cases where the fact is found through wireless apparatus.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 50-2 Deleted.<by Act No. 9780, Jun. 9, 2009>   print
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 Article 51 (Operational Qualifications for Pilots)   print
(1) The plane captain of the aircraft used for an air transportation business shall be accredited by the Minister of Land, Transport and Maritime Affairs as to knowledge and skill, and other pilots than the plane captain as to the skill. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 6513, Sep. 12, 2001; Act No. 7691, Nov. 8, 2005; Act No. 8852, Feb. 29, 2008>
(1) The plane captain of an aircraft used for an air transportation business or the plane captain of an aircraft used for flights outside of the Republic of Korea which meets the standards set by Ordinance of the Ministry of Land, Transport and Maritime Affairs with respect to the weight of aircraft, the number of passengers seats, etc. shall be accredited by the Minister of Land, Transport and Maritime Affairs as to his/her knowledge and skill, and other pilots than the plane captain as to their skill. <<Enforcement Date: Nov. 18, 2010>>
(2) The Minister of Land, Transport and Maritime Affairs shall periodically examine whether the person accredited under paragraph (1) has such knowledge and skill, and, if deemed particularly necessary, may examine it as occasion arises.
(3) If a person who is accredited under paragraph (1) fails to undergo the examination referred to in paragraph (2) or to pass it, the Minister of Land, Transport and Maritime Affairs shall cancel the accreditation.
(4) The Minister of Land, Transport and Maritime Affairs may, if deemed necessary, have a person holding a license for the air transportation business operator designated by him/her (hereinafter referred to as "designated air transportation business operator") accredit the pilots under his/her control pursuant to paragraph (1) or examine them pursuant to paragraph (2).
(5) Any pilot who has been accredited or has passed the examination thereof under paragraph (4) shall be deemed to have been accredited under paragraph (1) or to have passed the examination under paragraph (2). In such cases, the provisions of paragraph (3) shall be applicable mutatis mutandis.
(6) Notwithstanding the provisions of paragraph (4), if it is deemed necessary, the Minister of Land, Transport and Maritime Affairs may conduct the examination referred to in paragraph (2) with respect to the pilots prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(7) Each plane captain of aircraft engaged in any air transportation business shall meet the experience requirements specified for areas, air routes and airports (limited to those related to such areas, air routes and airports specified by Ordinance of the Ministry of Land, Transport and Maritime Affairs) which they wish to cover.
(8) Matters necessary for the accreditation, examination, experience requirements, etc. referred to in paragraphs (1) through (7) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 51-2 (Examination of Pilot's Operational Qualifications by Use of Flight Simulators)   print
The Minister of Land, Transport and Maritime Affairs may, with respect to the matters for which it is difficult to perform the accreditation and examination under Article 51 by using an actual aircraft, such as the measures in emergency, accredit and examine a pilot's qualification for operation pursuant to Article 51 by using a flight simulator designated by the Minister of Land, Transport and Maritime Affairs under Article 29-2 (3).
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 52 (Flight Dispatchers)   print
(1) Any air transportation business operator shall have flight dispatchers employed on his/her payroll, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 7024, Dec. 30, 2003; Act No. 8852, Feb. 29, 2008>
(2) In cases where the plane captain of the aircraft used for the air transportation business desires to take off the aircraft or alter his/her flight plan, he/she shall obtain the approval of the flight dispatcher. <Amended by Act No. 7024, Dec. 30, 2003>
(3) An air transportation business operator who has flight dispatchers under paragraph (1) shall conduct necessary education and training for such flight dispatchers to gain knowledge and experience required for smoothly performing their duties, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Newly Inserted by Act No. 7691, Nov. 8, 2005; Act No. 8852, Feb. 29, 2008>
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 Article 52 (Flight Dispatchers)   print
(1) Any air transportation business operator and any person who desires to operate outside of the Republic of Korea an aircraft which meets the standards set by Ordinance of the Ministry of Land, Transport and Maritime Affairs with respect to the weight of aircraft, the number of passengers seats, etc. shall have flight dispatchers employed on their payrolls, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) In cases where the plane captain of an aircraft operated by any person required to have a flight dispatcher under paragraph (1) desires to take off the aircraft or alter his/her flight plan, he/she shall obtain approval of the flight dispatcher.
(3) Any person who is required to have a flight dispatcher under paragraph (1) shall conduct necessary education and training for such flight dispatcher to gain knowledge and experience required for smoothly performing his/her duties, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009] <<Enforcement Date: Nov. 18, 2010>>
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 Article 53 (Taking-off and Landing Places)   print
No aircraft (excluding gliders) shall take off or land on any place other than airport on the land, nor any place other than places on the water as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That this shall not apply in cases where there is any inevitable reason, subject to permission from the Minister of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 54 (Flight Rules)   print
(1) Any person who desires to operate an aircraft shall do so in accordance with the standards, procedures, practices, etc. related to flight prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs (hereinafter referred to as "flight rules") pursuant to the provisions of the Convention on International Civil Aviation and the Annex to the said Convention.
(2) The flight rules shall be classified as follows:
1. Rules related to flight procedures, etc. for protecting persons and property and to other general matters;
2. Rules related to visual flight;
3. Rules related to instrument flight;
4. Rules related to the preparation, submission, receipt, notification, etc. of flight plans;
5. Other rules related to the matters necessary for the safety of flight.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 55 (Acts Prohibited during Flight)   print
Any person who desires to operate an aircraft shall be prohibited from engaging in any flight or activity falling under any of the following subparagraphs so as to protect persons and property: Provided, That this shall not apply in cases where the Minister of Land, Transport and Maritime Affairs permits it as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs:
1. Flight below the minimum flight altitude prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
2. Dropping or scattering items;
3. Parachute descent;
4. Aerobatics, such as rolls and loops, in any zone prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
5. Flight with any aircraft equipped with the equipment to fly without pilots and other crew;
6. Unmanned free-balloon flight;
7. Other flights or acts prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs which inflict or are apprehended to inflict any danger or injury on a person or property.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 56 (Designation, etc. of Emergency Aircraft)   print
(1) Any owner, etc. of an aircraft who desires to operate the aircraft for the purposes of performing urgent affairs prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such as transportation of emergency patients, shall obtain designation from the Minister of Land, Transport and Maritime Affairs with respect to the aircraft.
(2) In cases of operating an aircraft designated by the Minister of Land, Transport and Maritime Affairs pursuant to paragraph (1) (hereinafter referred to as "emergency aircraft") for the purpose of carrying out urgent affairs under paragraph (1), the provisions of the restriction on taking-off and landing places referred to in Article 53 and the prohibition of flight below the minimum flight altitude referred to in subparagraph 1 of Article 55 shall not apply.
(3) Necessary matters concerning procedures, etc. for the designation and operation of emergency aircraft shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(4) When the operator of an emergency aircraft fails to comply with the operating procedures referred to in paragraph (3), the Minister of Land, Transport and Maritime Affairs may cancel the designation of the emergency aircraft.
(5) No person who is subjected to a disposition of cancellation of designation under paragraph (4) may be entitled to designation of his/her aircraft as an emergency aircraft within two years after the disposition of cancellation is taken.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Articles 57 and 58 Deleted.<by Act No. 7691, Nov. 8, 2005>   print
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 Article 59 (Transportation, etc. of Dangerous Goods)   print
(1) Any person who desires to transport high explosive or combustible material or other dangerous goods prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs (hereinafter referred to as "dangerous goods") by aircraft shall obtain permission therefor from the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) Any person who packs, loads, stores, transports or processes dangerous goods (hereinafter referred to as "handling of dangerous goods") to be transported by aircraft (hereinafter referred to as "handler of dangerous goods") shall comply with the procedures and methods for the handling of dangerous goods which are determined and published by the Minister of Land, Transport and Maritime Affairs to prevent any danger during aviation and ensure the safety of human lives.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 60 (Packing of Dangerous Goods, Inspection of Containers, etc.)   print
(1) Any person who desires to manufacture or import and sell packages and containers used to transport dangerous goods shall undergo inspection conducted by the Minister of Land, Transport and Maritime Affairs with respect to the safety of the packages and containers.
(2) Necessary matters concerning the inspection methods, passing standards, etc. for the packages and containers referred to in paragraph (1) shall be determined and published by the Minister of Land, Transport and Maritime Affairs.
(3) The Minister of Land, Transport and Maritime Affairs may designate specialized institutions to conduct the business affairs concerning the inspection of packages and containers for dangerous goods (hereinafter referred to as "package and container inspection institutions") and have such institutions conduct an inspection provided for in paragraph (1).
(4) Necessary matters concerning the standards for designation of package and container inspection institutions, the operation thereof, etc. shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(5) If a package and container inspection institution falls under any of the following subparagraphs, the Minister of Land, Transport and Maritime Affairs may either revoke its designation or entirely or partially suspend its business for a fixed period of not more than six months: Provided, That the designation of a package and container inspection institution shall be revoked, if it falls under subparagraph 1:
1. If it has obtained the designation of such package and container inspection institution in any false or other unjust manner;
2. If it no longer meets the standards for designation under paragraph (4).
(6) The detailed criteria and procedures for dispositions under paragraph (5) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 61 (Education, etc. for Handling of Dangerous Goods)   print
(1) Every handler of dangerous goods shall complete education conducted by the Minister of Land, Transport and Maritime Affairs with respect to the handling of dangerous goods: Provided, That this shall not apply in cases where the handler of dangerous goods has completed education concerning the handling of dangerous goods at an educational institution recognized by an international organization, such as the International Civil Aviation Organization and the International Air Transport Association.
(2) Necessary matters concerning the concrete scope of the handlers of dangerous goods who are required to complete education pursuant to paragraph (1), the contents of education, etc. shall be determined and published by the Minister of Land, Transport and Maritime Affairs.
(3) The Minister of Land, Transport and Maritime Affairs may designate specialized educational institutions to be engaged in education concerning the handling of dangerous goods to efficiently conduct the education provided for in paragraph (1) and have such institutions conduct the education of handlers of dangerous goods.
(4) Necessary matters concerning the standards for designation of the specialized educational institutions provided for in paragraph (3), the operation thereof, etc. shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(5) If a specialized educational institution under paragraph (3) falls under any of the following subparagraphs, the Minister of Land, Transport and Maritime Affairs may either revoke its designation or entirely or partially suspend its business for a period not exceeding six months: Provided, That the designation of a specialized educational institution shall be revoked, if it falls under subparagraph 1:
1. If it has obtained the designation of the specialized educational institution in any false or other unjust manner;
2. If it no longer meets the standards for designation under paragraph (4).
(6) The detailed criteria and procedures for dispositions under paragraph (5) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 61-2 (Restrictions on Use of Electro-Magnetic Devices)   print
The Minister of Land, Transport and Maritime Affairs may restrict the use of electro-magnetic devices carried by passengers, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, to prevent any impact of electro-magnetic interference, etc. on the navigation or telecommunications equipment of aircraft in flight.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Articles 62 through 64 Deleted.<by Act No. 7691, Nov. 8, 2005>   print
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 Article 65 Deleted.<by Act No. 5963, Apr. 15, 1999>   print
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 Article 66 Deleted.<by Act No. 7691, Nov. 8, 2005>   print
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 Article 67 Deleted.<by Act No. 5963, Apr. 15, 1999>   print
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 Articles 68 and 69 Deleted.<by Act No. 7691, Nov. 8, 2005>   print
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 Article 69-2 (Approval for Operation of Twin-Engine Aircraft)   print
(1) In the event that any air transportation business operator intends to operate any aircraft with two engines (hereinafter referred to as "twin engine aircraft"), as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, for an air route including a spot where the time required to land at the nearest airport by making a flight at a cruising speed when either of the engines fails to operate exceeds the time stipulated by Ordinance of the Ministry of Land, Transport and Maritime Affairs, he/she shall obtain approval therefor from the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) The Minister of Land, Transport and Maritime Affairs shall, if he/she intends to grant approval referred to in paragraph (1), confirm whether the twin-engine aircraft is in conformity with the operational technology criteria published in accordance with Article 74-2.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 69-3 (Flight of Aircraft in Reduced Vertical Separation Minimum Airspace, etc.)   print
(1) The owner, etc. who intends to fly his/her aircraft in any airspace prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs such as airspace in which the aircraft are required to fly at a reduced vertical separation altitude (hereinafter referred to as "reduced vertical separation minimum airspace") or only after meeting required navigation performance (hereinafter referred to as "required performance based navigation airspace") in order to efficiently operate airspace shall obtain approval therefor from the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That this shall not include cases, including the case of flying aircraft in the reduced vertical separation minimum airspace for the purpose of search and rescue, which are prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) The Minister of Land, Transport and Maritime Affairs shall, if he/she intends to grant approval referred to in paragraph (1), confirm whether the owner's intention of flying his/her aircraft is in conformity with the operational technology criteria published in accordance with the provisions of Article 74-2.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 70 (Air Traffic Services, etc.)   print
(1) Any person who intends to taxi, take off, land or operate an aircraft in an airfield, a control area or a control zone shall do so according to such order and time of taxing, taking off and landing, and such method of flight, as instructed by the Minister of Land, Transport and Maritime Affairs.
(2) The Minister of Land, Transport and Maritime Affairs may provide pilots and other related institutions with advice and information useful for the operation of aircraft, such as the operational conditions, etc. of airports and navigation safety facilities, for the safe and efficient operation of aircraft which fly within the flight information zone.
(3) The Minister of Land, Transport and Maritime Affairs may provide pilots and other related institutions with information on aircraft in distress within the flight information zone for the purpose of searching for and rescuing such an aircraft.
(4) Necessary matters concerning the coverage, contents, procedures, etc. of services performed by the Minister of Land, Transport and Maritime Affairs pursuant to paragraphs (1) through (3) (hereinafter referred to as "air traffic services") shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(5) Any person engaged in the operation of vehicles, the maintenance and repair of an airfield and other services in a movement area of the airfield shall comply with instructions given by the Minister of Land, Transport and Maritime Affairs for the safety of air traffic.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 70-2 Deleted.<by Act No. 8787, Dec. 21, 2007>   print
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 Article 71 Deleted.<by Act No. 7691, Nov. 8, 2005>   print
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 Article 72 (Establishment and Implementation of Supporting Plan for Search or Rescue)   print
The Minister of Land, Transport and Maritime Affairs shall establish and implement a plan for supporting the search for and rescue of aircraft, which determine the roles of related administrative agencies, etc. as prescribed by Presidential Decree for the purpose of search for aircraft and rescue of human lives, in cases where the aircraft are in distress.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 73 (Provision, etc. of Aeronautical Information)   print
(1) The Minister of Land, Transport and Maritime Affairs shall provide the operators, etc. of aircraft which fly within the flight information zone with the information necessary to ensure the safety, regularity and efficiency in the operation of aircraft (hereinafter referred to as "aeronautical information").
(2) The Minister of Land, Transport and Maritime Affairs shall publish a chart specifying information necessary for the operation of aircraft, including air routes, navigation safety facilities, airfields, control areas, etc. (hereinafter referred to as "aeronautical chart").
(3) Necessary matters concerning the details of aeronautical information and aeronautical charts, the methods of providing such information, the measurement units used in such aeronautical charts, etc. shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 74 (Boarding of Crew, etc.)   print
(1) Any person who intends to use an aircraft for aviation shall take on board crew therein who are required for the safety of navigation, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) When any flight crew or air traffic controller is engaged in air service, he/she shall carry his/her qualification certificate and medical examination certificate for aircrew, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, and when any aircrew, other than such flight crew and air traffic controller, is engaged in air service, he/she shall carry his/her qualification certificate, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) Air transportation business operators and business using aircraft operators shall provide crew working on board aircraft with education and training necessary to perform their services, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 74-2 (Technological Criteria for Safe Operation of Aircraft)   print
The Minister of Land, Transport and Maritime Affairs may set forth and publish the operational technology criteria containing the matters of the following subparagraphs in order to ensure the safe operation of aircraft, within the limits prescribed by this Act, the Convention on International Civil Aviation and the Annex to the said Convention:
1. Instruments and equipment of aircraft;
2. Operation of aircraft;
3. Certification of operations of the air transportation business;
4. Certification of qualifications of aircrew;
5. Maintenance of aircraft;
6. Other matters necessary for safe operation, prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 74-3 (Compliance with Operational Technology Criteria)   print
Every owner, etc. and every aircrew shall comply with the operational technology criteria as provided for in Article 74-2.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
CHAPTER V AVIATION FACILITIES
SECTION 1 Airfield and Navigation Safety Facilities
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 Article 75 (Installation of Airfield and Navigation Safety Facilities)   print
(1) The Minister of Land, Transport and Maritime Affairs shall install airfield facilities or navigation safety facilities (referring to airfield facilities or navigation safety facilities, other than those installed under Articles 89 through 91, 94 through 105, 105-2 through 105-5, 106, 106-2, 108-2, 110 and 111; hereinafter the same shall apply). <Amended by Act No. 10161, Mar. 22, 2010>
(2) Any person other than the Minister of Land, Transport and Maritime Affairs, who intends to install airfield facilities or navigation safety facilities, shall obtain permission from the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. In such cases, the Minister of Land, Transport and Maritime Affairs may, in granting permission, attach necessary conditions to the installation of such facilities.
(3) Standards for installing airfield facilities and navigation safety facilities under paragraphs (1) and (2) and other necessary matters regarding such installation shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 76 (Publication)   print
(1) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to install airfield facilities or navigation safety facilities or grant permission for installing such facilities under the provisions of Article 75, publish the names of the airfield facilities or navigation safety facilities, the location of such facilities, landing strip, obstacle limitation surface, the expected date on which such facilities commence to be used and other matters prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) The Minister of Land, Transport and Maritime Affairs shall make public notification of the matters published under the provisions of paragraph (1) in places easily visible to the public inside areas where such airfield facilities and navigation safety facilities are scheduled to be installed, for a specified period or longer.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 77 (Inspection of Installation Completion of Airfield and Navigation Safety Facilities)   print
(1) Any person who has obtained permission for installing airfield facilities (hereinafter referred to as "airfield facilities installer") or permission for installing navigation safety facilities (hereinafter referred to as "navigation safety facilities installer") under Article 75 (2) shall promptly undergo an inspection of completion of the construction works by the Minister of Land, Transport and Maritime Affairs when such construction works are completed.
(2) The Minister of Land, Transport and Maritime Affairs shall, when he/she carries out inspections of the completion of the construction works of the airfield facilities or the navigation safety facilities under paragraph (1), designate and publish the names, the kinds, the locations of such facilities and the scheduled date on which such facilities commence to be used.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 78 (Alteration of Airfield or Navigation Safety Facilities)   print
(1) Each airfield facilities installer and each navigation safety facilities installer shall, when he/she intends to alter any matters prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs with respect to the airfield facilities or the navigation safety facilities, notify the Minister of Land, Transport and Maritime Affairs of the details of such alteration, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) The Minister of Land, Transport and Maritime Affairs shall, when he/she is notified of the alteration of the airfield facilities or the navigation safety facilities under the provisions of paragraph (1), publish such alteration: Provided, That publication with respect to the alteration of airfield facilities shall be limited to cases where obstacle limitation surface is altered.
(3) The provisions of Article 76 (2) shall apply mutatis mutandis to the publication of paragraph (2).
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 79 (Suspension, Closure or Resumption of Use of Airfield and Navigation Safety Facilities)   print
(1) Each airfield facilities installer or each navigation safety facilities installer shall, when he/she intends to suspend or discontinue the use of the airfield facilities or navigation safety facilities concerned, or resume the use thereof, notify the Minister of Land, Transport and Maritime Affairs thereof.
(2) The Minister of Land, Transport and Maritime Affairs shall, when he/she receives a notification under the provisions of paragraph (1), publish the details of such notification.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 80 (Management of Airfield and Navigation Safety Facilities)   print
(1) The Minister of Land, Transport and Maritime Affairs or the manager of airfield facilities or navigation safety facilities shall manage such facilities according to facilities management standards (hereinafter referred to as "facilities management standards") prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) The Minister of Land, Transport and Maritime Affairs shall conduct inspections necessary to confirm whether any airfield facilities or any navigation safety facilities have been managed according to facilities management standards prescribed by Presidential Decree.
(3) The navigation safety facilities installer or navigation safety facilities manager shall undergo inspection conducted by the Minister of Land, Transport and Maritime Affairs with respect to the performance, etc. of the navigation safety facilities (hereinafter referred to as "flight inspection"), which is performed by using an aircraft equipped with equipment necessary to analyze the performance of such facilities.
(4) Necessary matters concerning the kinds of flight inspection, the facilities subject to such inspection, the procedures and methods for such inspection, etc. shall be determined and published by the Minister of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 80-2 (Performance Compatibility Certification of Navigation Safety Facilities)   print
Any person who manufactures wireless navigation safety facilities or aeronautical information and communications facilities may have his/her facilities certified that they are manufactured in conformity with the technological criteria for navigation safety facilities, which are set and published by the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 80-3 (Air Communication Services)   print
(1) The Minister of Land, Transport and Maritime Affairs shall perform services related to air communication (hereinafter referred to as "air communication services") necessary to efficiently render air traffic services and to provide, exchange and manage necessary information and data for securing the safety of aviation in a convenient and speedy manner through air communication network, pursuant to the provisions of the Convention on International Civil Aviation and the Annex to the said Convention.
(2) Necessary matters concerning the kinds, contents, operational procedures, etc. of air communication services shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 81 (Revocation of Permission)   print
In any case falling under each of the following subparagraphs, the Minister of Land, Transport and Maritime Affairs may revoke permission for installing airfield facilities or navigation safety facilities: Provided, That in any case falling under subparagraph 2 or 3, he/she may order the airfield facilities installer or the navigation safety facilities installer to take measures according to the installation plans included in the application for permission for installing facilities concerned or to manage the facilities concerned according to the facilities management standards within fixed period, and revoke permission only when the airfield facilities installer or the navigation safety facilities installer fails to follow such order:
1. Where the airfield facilities installer or the navigation safety facilities installer fails to commence the construction works within one year from the scheduled date of commencement of the construction works which is included in his/her permission application, or to complete the construction works by the scheduled date of the completion of such construction works, without any justifiable reasons;
2. Where the facilities concerned are found not to conform with the installation plans included in permission application as a result of the inspection of the completion of the construction works under Article 77 (1);
3. Where the airfield facilities or navigation safety facilities are found not to be managed according to the facilities management standards;
4. Where the location, structure, etc. of the airfield facilities or navigation safety facilities are found to different from what is included in permission application;
5. Where the airfield facilities installer or the navigation safety facilities installer violates conditions attached to permission.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 82 (Restrictions on Obstacles)   print
(1) No person shall, after the installation or alteration of airfield facilities is published under Article 76 or 78, install or abandon any building, structure (excluding those under construction at the time of such publication) or other obstacles or cultivate any plants over the height of the obstacle limitation surface so published: Provided, That this shall not apply with respect to any temporary establishments or other obstacles as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, which are permitted by the head of the administrative agency concerned to be installed or left after consultation with the airfield facilities installer as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs or are to be removed before the predetermined day on which the use of the airfield facilities begins.
(2) The airfield facilities installer may demand that a person holding the ownership or other right to any obstacle installed, cultivated or left in contravention of the provisions of paragraph (1) (including cases where plant grows and projects over the obstacle limitation surface) remove the obstacle.
(3) The airfield facilities installer may demand that a person holding the ownership or other right to any obstacle over the height of the obstacle limitation surface at the time of publication referred to in paragraph (1) remove such obstacle. In such cases, the airfield facilities installer shall compensate for any loss caused by the removal of such obstacle to the person having the ownership or other right to the obstacle, as prescribed by Presidential Decree.
(4) Any owner of the obstacle referred to in paragraph (3) or the land on which an obstacle is installed, may, if it is difficult to use or make any profit from such obstacle or land due to the removal thereof, demand that the airfield facilities installer purchase the obstacle or land, as prescribed by Presidential Decree.
(5) In cases where it is impossible to remove an obstacle in question because parties fail to reach agreement about the compensation for loss under the latter part of paragraph (3) and where it is deemed especially necessary for reasonable management and operation of the airfield facilities, the Minister of Land, Transport and Maritime Affairs may order the airfield facilities installer to remove the obstacle.
(6) In cases of paragraph (5), the Minister of Land, Transport and Maritime Affairs or the airfield facilities installer shall compensate for any loss caused by the removal of the obstacle to the person holding the ownership or other right thereto. In such cases, the amount of compensation for loss shall be determined by agreement between the parties, and if they fail to reach agreement, or it is impossible to make agreement, the Minister of Land, Transport and Maritime Affairs shall decide it.
(7) The airfield facilities installer shall manage obstacles so as not to interfere with the safe operation of aircraft, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 83 (Installation of Aviation Obstacle Beacon Lights, etc.)   print
(1) Any airfield facilities installer shall install aviation obstacle beacon lights (hereinafter referred to as "beacon lights") and daytime aviation obstacle beacons (hereinafter referred to as "beacons") on the structures located within the area projected vertically downwards to the ground surface from the obstacle limitation surface, which are prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That with respect to the structures installed after publication therefor is made pursuant to Article 76 or 78 (2), the beacon lights and beacons thereon shall be installed by the owners of such structures, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) The Minister of Land, Transport and Maritime Affairs shall install beacon lights and beacons on any structures other than those referred to in paragraphs (1) and (4), which might remarkably impede the safety of aviation of aircraft, as prescribed by Presidential Decree.
(3) No owner or possessor of any structure referred to in any provision of paragraphs (1) and (2) may refuse the installation of beacon lights and beacons executed by the airfield facilities installer concerned or the Minister of Land, Transport and Maritime Affairs. In such cases, the airfield facilities installer or the Minister of Land, Transport and Maritime Affairs shall, if the owner or possessor of the structure sustains any loss due to the installation of such beacon lights and beacons, compensate it, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(4) Any person who installs a structure with a height of sixty meters or more above the land or water surface shall install beacon lights and beacons, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That this shall not apply in cases of structures prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(5) The owner of any structure on which beacon lights and beacons are installed under paragraphs (1), (2) and (4) shall manage such beacon lights and beacons, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 84 (Restriction on Similar Lights)   print
(1) No person shall install any lights which might interfere with the identification of aviation lights or be mistaken for aviation lights (hereinafter referred to as "similar lights").
(2) In the event that any similar lights are already installed at the time aviation lights are installed, the Minister of Land, Transport and Maritime Affairs may order the owner or superintendent of such similar lights to take necessary measures so as not to interfere with the identification of aviation lights or to be taken for aviation lights in a manner shading such similar lights. In such cases, expenses needed for such measures shall be borne by the installer of the aviation lights.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 85 (Forbidden Act)   print
(1) No person shall perform any act which is feared to damage or impair the functions of a runway, taxiway or other important airfield facilities or navigation safety facilities prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) No person shall throw any articles at an aircraft or perform any act which may cause danger to navigation.
(3) No person shall, without any special reasons, enter any landing zone, taxiway, apron, hangar, or area where navigation safety facilities are installed.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 86 (Rent)   print
(1) The Minister of Land, Transport and Maritime Affairs may collect rent from those who use or utilize airfield or navigation safety facilities, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) Any installers or managers of airfield and navigation safety facilities used for public purposes may collect rent from those who use or utilize the facilities that they have installed or managed.
(3) Any person who intends to collect rent under paragraph (2) shall determine the amount of rent and file a report on such amount with the Minister of Land, Transport and Maritime Affairs. The same shall also apply to cases where he/she intends to alter the amount of rent.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 87 (Succession of Status of Airfield Facilities Installer, etc.)   print
Any person who intends to succeed the status of an airfield facilities installer or a navigation safety facilities installer shall notify the Minister of Land, Transport and Maritime Affairs thereof.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 88 (Delegation to Order)   print
(1) Except as provided for in Articles 75 through 80, 80-2, 80-3, and 81 through 87, necessary matters concerning the installation of airfield and navigation safety facilities, the inspection of completion of the construction works with respect to such facilities, etc. shall be prescribed by Presidential Decree.
(2) Necessary matters concerning the management, operation, use, etc. of airfield facilities or navigation safety facilities shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
SECTION 2 Airports
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 Article 89 (Establishment of Mid and Long-Term Master Plan for Airport Development)   print
(1) The Minister of Land, Transport and Maritime Affairs shall establish a mid and long-term master plan for airport development (hereinafter referred to as "master plan") every 5 years, which contains the matters of the following subparagraphs, in order to undertake airport development projects systematically and efficiently:
1. Prospects of aviation demand;
2. Mid and long-term basic plan for airport development by region;
3. The amount of investment required and means to ensure financial resources;
4. Other matters concerning the mid and long-term airport development.
(2) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to undertake any airport development project, establish and implement a basic plan for airport development (hereinafter referred to as "basic plan") according to the master plan, which contains the matters of the following subparagraphs:
1. Area scheduled to be developed;
2. The size and position of the airport;
3. The operational program;
4. Means to ensure financial resources;
5. The environment control program;
6. Other matters necessary for the airport development.
(3) In cases where the Minister of Land, Transport and Maritime Affairs desires to make the master plan or the basic plan, he/she shall consult with the head of the central administrative agency concerned after hearing the opinion of the competent local government.
(4) The Minister of Land, Transport and Maritime Affairs may request the head of the related administrative agency for materials necessary for making or modifying the master plan or the basic plan. In such cases, the head of the related administrative agency so requested shall comply with such request unless there is any special reason to the contrary.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 90 (Alteration to Master Plan, etc.)   print
(1) The Minister of Land, Transport and Maritime Affairs may, if necessary, alter the master plan that is already established and published.
(2) The Minister of Land, Transport and Maritime Affairs shall alter the basic plan when he/she intends to alter any important matters prescribed by Presidential Decree, including the length of a runway, etc. after establishing and publishing such basic plan.
(3) The provisions of Article 89 (3) shall apply mutatis mutandis to any alteration in the master plan or the basic plan referred to in paragraphs (1) and (2): Provided, That this shall not apply in cases where he/she alters minor matter prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 91 (Public Announcement of Master Plan, etc.)   print
When the Minister of Land, Transport and Maritime Affairs has made or modified the master plan or the basic plan, he/she shall announce it publicly, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 92 Deleted.<by Act No. 7024, Dec. 30, 2003>   print
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 Article 93 Deleted.<by Act No. 7715, Dec. 7, 2005>   print
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 Article 94 (Operator of Airport Development Projects)   print
(1) Airport development projects shall be carried out by the Minister of Land, Transport and Maritime Affairs: Provided, That this shall not apply to cases where this Act or any other Acts and subordinate statutes provide that an airport development project be performed by any person other than the Minister of Land, Transport and Maritime Affairs.
(2) Any person, other than the Minister of Land, Transport and Maritime Affairs, who intends to operate an airport development project, shall obtain permission therefor from the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree: Provided, That a minor project for renovation of airport facilities prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs may be implemented without permission from the Minister of Land, Transport and Maritime Affairs.
(3) The criteria for permission under paragraph (2) are as follows:
1. The conformity of purposes and details of the intended airport development project to the master plan and basic plan;
2. Financial and technical capability necessary to properly perform the airport development project.
(4) In granting permission referred to in paragraph (2), the Minister of Land, Transport and Maritime Affairs may do so under the condition that the land and airport facilities (excluding those prescribed by Presidential Decree) related to the airport development project revert to the State, or the operator of the airport development project bears the incidental expenses required for installation of basic facilities, such as roads, waterworks, drainage, needed in the airport development project.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 95 (Establishment, Approval, etc. of Implementation Plans)   print
(1) The operator of an airport development project (hereinafter referred to as "project operator") under the provisions of Article 94 shall draw up an implementation plan therefor before he/she commences such project, as prescribed by Presidential Decree.
(2) The implementation plan referred to in paragraph (1) shall attach or expressly indicate the design drawings, financing plan, project implementation period necessary for the implementation of such project and other matters prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) Any project operator other than the Minister of Land, Transport and Maritime Affairs shall, when he/she formulates an implementation plan, obtain approval for such plan from the Minister of Land, Transport and Maritime Affairs. The same shall also apply to cases where he/she intends to alter approved matters.
(4) Notwithstanding the provisions of the latter part of paragraph (3), any project operator, other than the Minister of Land, Transport and Maritime Affairs may file a report on the alteration of minor matters when he/she files an application for confirming the completion of the construction works under the provisions of Article 104 as a package as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(5) The Minister of Land, Transport and Maritime Affairs shall, when he/she draws up an implementation plan pursuant to paragraph (1) or approves such implementation plan pursuant to paragraph (3), announce such fact as prescribed by Presidential Decree and send copies of relevant documents to the Governor of a Special Self-Governing Province concerned or the head of the competent Si, Gun or autonomous Gu (hereinafter referred to as "head of Si/Gun/Gu").
(6) Where the head of Si/Gun/Gu, upon receiving copies of relevant documents under paragraph (5), discovers that the relevant documents include matters of decision with respect to urban management planning, he/she shall take necessary measures including an application for approval of topographic map pursuant to Article 32 of the National Land Planning and Utilization Act. In such cases, the project operator shall furnish documents necessary for the announcement of topographic map, etc. to the head of Si/Gun/Gu.
(7) The Minister of Land, Transport and Maritime Affairs shall, when he/she establishes or approves an implementation plan which requires the expropriation of land, etc., under the provisions of Article 98 (1), announce the name of the project operator, the type of project and the details of the land, etc. to be expropriated, and notify such fact to the owner of the land, etc. and other persons who hold any right to such land, etc.: Provided, That the same shall not apply to cases where the project operator consults in advance with the owner of land, etc. and other persons who hold any right to such land, etc. by the time when he/she files an application for establishing or approving his/her implementation plan.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 96 (Relation to other Acts)   print
(1) When the Minister of Land, Transport and Maritime Affairs establishes or approves an implementation plan under Article 95 (1) and (3), approval, permission, authorization, decision, designation, license, consultation, agreement or deliberation under each of the following subparagraphs shall be deemed to have gone through: <Amended by Act No. 10272, Apr. 15, 2010; Act No. 10331, May 31, 2010>
1. Determination of an urban management planning under Article 30 of the National Land Planning and Utilization Act (limited to the infrastructure under subparagraph 6 of Article 2 of the same Act), permission for the development acts under Article 56 of the same Act, designation of the implementor of urban planning facility project under Article 86 of the same Act, and authorization of the implementation plan under Article 88 of the same Act;
2. Permission for the occupation and use of public water surface under Article 8 of the Public Waters Management and Reclamation Act, approval of or report on an implementation plan for occupation and use under Article 17 of the same Act, license for reclamation of public water surface under Article 28 of the same Act, consultation about or approval of reclamation carried out by the State, etc. under Article 35 of the same Act, and approval of an implementation plan for reclamation of public water surface under Article 38 of the same Act;
3. Deleted; <by Act No. 10272, Apr. 15, 2010>
4. Consultation with a river management agency or approval pursuant to Article 6 of the River Act (limited to permission for implementation of river works pursuant to Article 30 of the same Act, permission to occupy and use a river pursuant to Article 33 of the same Act and permission for the use of river water pursuant to Article 50 of the same Act);
5. Consultation with the road management agency or approval under Article 5 of the Road Act (limited to permission for execution of road works in favor of the person other than the management agency under Article 34 of the same Act, and to permission to occupy roads under Article 38 of the same Act);
6. License for urban railway services under Article 4 (1) of the Urban Railroad Act, and approval for the urban railway business plan under Article 4-3 (1) of the same Act;
7. Consultation with the park management agency under Article 71 (1) of the Natural Parks Act (limited to permission for acts in the park zone of Article 23 of the same Act);
8. Permission for, or consultation about, diversion of farmland under Article 34 of the Farmland Act;
9. Permission for logging, etc. in an erosion control area under Article 14 of the Work against Land Erosion or Collapse Act;
10. Permission for forest diversion under Article 14 of the Management of Mountainous Districts Act, report on the forest diversion under Article 15 of the same Act, permission for or report on the temporary use of forest under Article 15-2 of the same Act, permission for and report on the cutting, etc. of standing timber under Article 36 (1) and (4) of the Creation and Management of Forest Resources Act, and permission for and report on acts within a protective forest under Article 45 (1) and (2) of the same Act;
11. Authorization on installing private-use waterworks under Articles 52 and 54 of the Water Supply and Waterworks Installation Act;
12. Permission for construction works for public sewerage or for the maintenance of public sewerage under Article 16 of the Sewerage Act;
13. Permission for execution of harbor works under Article 9 (2) of the Harbor Act;
14. Consultation concerning permission, etc. of an administrative agency under Article 13 of the Protection of Military Bases and Installations Act;
15. Examination of traffic impact analysis and improvement measures under Article 16 of the Urban Traffic Improvement Promotion Act;
16. Permission for or consultation on the conversion of any grassland under Article 23 of the Grassland Act.
(2) When the Minister of Land, Transport and Maritime Affairs has announced the establishment or approval of an implementation plan under Article 95 (5), the following public announcement or notice shall be deemed to have been made: <Amended by Act No. 10272, Apr. 15, 2010>
1. Public announcement of an implementation plan under Article 91 of the National Land Planning and Utilization Act;
2. Public announcement of permission for occupation or use under Article 8 of the Public Waters Management and Reclamation Act and public announcement of license for reclamation under Article 33 of the same Act;
3. Deleted; <by Act No. 10272, Apr. 15, 2010>
4. Public announcement of permission for occupancy pursuant to Article 33 (6) of the River Act.
(3) If the Minister of Land, Transport and Maritime Affairs intends to establish or approve an implementation plan under Article 95 (1) and (3), he/she shall consult in advance with the head of the competent administrative agency about whether the implementation plan conforms to the related Acts referred to in subparagraphs of paragraph (1). In such cases, the head of the competent administrative agency shall present his/her opinion within the period determined by Presidential Decree after he/she receives the request for consultation.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 97 (Access to and Use of Land)   print
(1) If it is necessary for executing a project, the project operator may do any act provided for in any of the following subparagraphs:
1. Making access to another's land;
2. Temporarily using another's land as a materials yard, passage or tem porary road;
3. Altering or removing trees, earth, stones or other obstacles if it is particulary necessary.
(2) The provisions of Articles 130 (2) through (9) and 131 of the National Land Planning and Utilization Act shall apply mutatis mutandis to cases of performing any act referred to in para graph (1). In such cases, "im plementor of urban planning facility project" shall be construed as "project operator" under this Act.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 98 (Expropriation of Land, etc.)   print
(1) If it is necessary for the implementation of an airport development project, the project operator may expropriate or use the land, things or rights (hereinafter referred to as "land, etc") as prescribed by Article 3 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor.
(2) When an implementation plan is established or approved and announced pursuant to the provisions of Article 95, it shall be deemed that the project concerned is approved under the provisions of Article 20 (1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor and such approval for project is announced under the provisions of Article 22 of the same Act, and an application for a ruling may be made within the implementation period of the airport development project as determined by the implementation plan, regardless of the provisions of Articles 23 (1) and 28 (1) of the same Act.
(3) The land expropriation committee competent to a ruling on expropriation or use of land, etc. referred to in paragraph (1) shall be the Central Land Expropriation Committee.
(4) Except as otherwise provided by this Act, the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor shall apply mutatis mutandis to the expropriation or use of land, etc. referred to in paragraph (1).
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 99 (Restriction, etc. on Disposal of State-Owned Land)   print
(1) No State-owned land located in an area which is to be developed as an airport, and required for an airport development project, may be sold or transferred for any purpose other than the airport development project.
(2) Notwithstanding the provisions of the State Property Act, the State owned property located in an area to be developed as an airport may be sold or transferred by a private contract to the project operator concerned. In such cases, with respect to the abolition of use (applicable only for the administrative property), sale and transfer of such property, the Minister of Land, Transport and Maritime Affairs shall consult in advance with the head of the administrative agency concerned.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 100 (Entrustment with Affairs concerning Land Purchase, etc.)   print
(1) Any project operator who is not a local government may entrust the head of the competent local government with affairs concerning the purchase of land, compensation for loss, projects for removal, etc. for the airport development project concerned, as prescribed by Presidential Decree.
(2) In cases where affairs concerning the purchase of land, compensation for loss, projects for removal, etc. are entrusted under the provisions of paragraph (1), the entrustment fee, etc. shall be subject to the terms and conditions as prescribed by the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor.
(3) In cases where any loss is compensated under the provisions of paragraph (2), the State shall, if it is attributable to any disposition or restriction taken by the Minister of Land, Transport and Maritime Affairs, or the project operator shall, if it is attributable to the implementation of a project by a person other than the Minister of Land, Transport and Maritime Affairs, compensate such loss or install facilities to prevent such loss.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 101 (Execution of Incidental Works)   print
(1) In implementing an airport development project, the project operator may execute incidental works directly related to the airport development project together with the main works as if the incidental work were the airport development project.
(2) The scope of incidental work referred to in paragraph (1) shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 102 (Vicarious Execution of Airport Development Projects)   print
If it is necessary for effectively carrying out an airport development project, the Minister of Land, Transport and Maritime Affairs may have the permitted airport development project vicariously executed at the cost of the project operator as prescribed by Article 94 (2) after consulting with him/her.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 103 (Charge to Offenders Causing Damage)   print
(1) If a person does any construction works or act which causes damage to the airport facilities under the control of the Minister of Land, Transport and Maritime Affairs, the said Minister may have the person carrying out such construction works or act bear all or part of the expenses incurred in repair or maintenance of the airport facilities which is caused by him/her, or of those required for preventing such damage.
(2) Matters necessary for imposition and collection of charges referred to in paragraph (1) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 104 (Confirmation of Completion of Construction Works)   print
(1) A project operator under the provisions of Article 94 (2) shall, when he/she completes his/her construction works, promptly file a report on the completion of such construction works with the Minister of Land, Transport and Maritime Affairs and obtain the confirmation of such construction completion: Provided, That any structures, the use of which has been permitted by the Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of Si/Gun/Gu concerned, pursuant to Article 22 of the Building Act, shall be deemed to have gone through such confirmation.
(2) The project operator under the provisions of Article 94 (2) shall, upon obtaining approval to use his/her structures under the provisions of the proviso to paragraph (1), report the fact to the Minister of Land, Transport and Maritime Affairs.
(3) The Minister of Land, Transport and Maritime Affairs shall, upon receiving an application for the confirmation of construction completion under paragraph (1), conduct such confirmation and where such con struction works are deemed to have been carried out according to the contents of permission, shall issue to the applicant a certificate of the confirmation of construction completion.
(4) When a certificate of the confirmation of construction completion is issued under the provisions of paragraph (3), the confirmation, autho rization, etc. of completion on the work according to approval, permission, license, etc. under subparagraphs of Article 96 (1) shall be deemed to have been obtained.
(5) The land and airport facilities which are developed or installed by the airport development project shall not be used before the certificate of the confirmation of construction completion referred to in paragraph (3) is issued: Provided, That this shall not apply in cases where permission for use prior to the confirmation of construction completion is granted by the Minister of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 105 (Reversion of Airport Facilities and Exemption from Rent)   print
(1) Any person who desires to invest in an airport development project executed by the Minister of Land, Transport and Maritime Affairs under the provisions of Article 94 (1) shall obtain permission from the Minister of Land, Transport and Maritime Affairs. In such cases, the Minister of Land, Transport and Maritime Affairs may permit it on the condition that the land and airport facilities (excluding those prescribed by Presidential Decree) associated with the airport development project revert to the State.
(2) The land and airport facilities which are developed or installed by permission to which any condition is attached under the latter part of paragraph (1) and Article 94 (4) shall revert to the State at the same time as the work concerned is completed: Provided, That when permission is granted with no conditions attached, the land and airport facilities shall belong to the project operator concerned.
(3) The Minister of Land, Transport and Maritime Affairs may allow investors in, and the project operator of, facilities reverted to the State under the provisions of paragraph (2) to gratuitously use and receive benefits from the airport facilities and other airport facilities under the control of the Minister of Land, Transport and Maritime Affairs within the limits of the total project costs they have invested, as prescribed by Presidential Decree.
(4) The calculation method of the total project cost referred to in para graph (3) and the period in which they may use and receive benefits gratuitously shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 105-2 (Right to Manage Airport Facilities)   print
(1) The Minister of Land, Transport and Maritime Affairs may establish the right to maintain and manage airport facilities and collect rents from those who use or utilize such airport facilities (hereinafter referred to as "right to manage airport facilities").
(2) Any person who has been granted the right to manage airport facilities under the provisions of paragraph (1) shall file a registration with the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree. The same shall also apply in cases where he/she intends to alter registered matters.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 105-3 (Character of Rights to Manage Airport Facilities)   print
The right to manage airport facilities shall be deemed a real right and the provisions concerning real estate in the Civil Act shall apply mutatis mutandis to such right, except as otherwise provided for in this Act.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 105-4 (Special Case for Establishment of Mortgages)   print
(1) No right to manage airport facilities on which a mortgage has been placed may be disposed of without the consent of the mortgagee.
(2) No mortgage may be placed on a right to manage such important airport facilities, including runways, etc., as prescribed by Presidential Decree from among airport facilities for which the right to manage them has been established under the provisions of Article 105-2.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 105-5 (Change in Rights)   print
(1) The establishment, alteration or extinguishment of the right to manage airport facilities or of a mortgage thereon, or restrictions on the disposal thereof, shall take effect only after they are registered with an airport facilities right register kept by the Ministry of Land, Transport and Maritime Affairs.
(2) Necessary matters concerning registration of rights to manage airport facilities, etc. referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 106 (Airport Facilities Management Ledger)   print
(1) Any person who manages airport facilities shall prepare and keep a management ledger of the airport facilities under his/her management.
(2) Matters necessary for preparation and keeping of and matters to be included in airport facilities management ledgers shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 106-2 (Acts Prohibited in Airport Facilities)   print
(1) No one shall perform any of the following activities in an airport facility without approval from a person who manages the airport facility: <Amended by Act No. 10162, Mar. 22, 2010>
1. Conducting commercial business;
2. Occupying the airport facility without permission;
3. Compelling the public to buy goods and service, or touting for customers for a business purpose;
4. Other activities prescribed by Presidential Decree as equivalent to those in subparagraphs 1 through 3, which are deemed to considerably impede the airport users' access to the airport facility or the operation of the airport facility.
(2) Any person who manages an airport facility may order a person who violates paragraph (1) to refrain himself/herself or to leave the place.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Articles 107 and 108 Deleted.<by Act No. 10161, Mar. 22, 2010>   print
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 Article 108-2 (Operating Procedures, etc. for Abatement of Noise)   print
(1) Every aircraft taking off or landing in any airport located within an area for which the measures for preventing noise damage are to be taken pursuant to the Airport Noise Prevention and Areas Assistance Act shall operate the aircraft according to the operating procedures prescribed and published by the Minister of Land, Transport and Maritime Affairs (hereinafter referred to as "operating procedures for abatement of noise") in order to reduce its noise. <Amended by Act No. 10161, Mar. 22, 2010>
(2) The Minister of Land, Transport and Maritime Affairs may, when an aircraft is likely to cause any damage by generating noise over the noise levels set by the International Civil Aviation Organization, restrict the operation of such aircraft.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Articles 109 and 109-2 Deleted.<by Act No. 10161, Mar. 22, 2010>   print
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 Article 110 (Supervision)   print
(1) In executing an airport development project or managing airport facilities, the Minister of Land, Transport and Maritime Affairs may revoke permission, approval or designation on the execution and management of such project, or take any measure necessary for the suspension of the effects of such permission, approval or designation, discontinuance of works, or remodeling, alteration, transfer, removal, restitution, etc. of works or things, in any of the following cases: Provided, That permission or approval for execution and management of such project shall be revoked, if it falls under subparagraph 1 or 3:
1. Where permission is granted in deceitful or unlawful manner;
2. Where a project operator, other than the Minister of Land, Transport and Maritime Affairs, establishes an implementation plan, or makes a revision to such plan already approved, without approval in violation of Article 95 (3);
3. Where the implementation plan or the revision thereto approved pursuant to Article 95 (3) is violated;
4. Where it is deemed impossible to continue executing the airport development project due to changes in circumstances.
(2) The detailed criteria and procedures for the disposition under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 111 (Provisions Applicable Mutatis Mutandis)   print
(1) The provisions of Articles 75 (3), 76, 77 (2), 80, 82 through 86, and 88 shall apply mutatis mutandis to any airport installed and administered by the Minister of Land, Transport and Maritime Affairs (including any airport administered by a person who is granted the right to manage airport facilities from the Minister of Land, Transport and Maritime Affairs under the provisions of Article 105-2). In such cases, "airfield facilities installer" in Articles 82 and 83 shall be construed as "Minister of Land, Transport and Maritime Affairs or person granted the right to manage airport facilities".
(2) The provisions of Articles 75 (3), 76, 77 (2), 78 through 80, 80-2, 80-3 and 81 through 88 shall apply mutatis mutandis to any airport installed and administered by any person other than the Minister of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
SECTION 3 Airport Operating Certificate
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 Article 111-2 (Airport Operating Certificate, etc.)   print
(1) Any airport operator who intends to operate an airport prescribed by Presidential Decree, such as an airport, etc. having international air routes, shall obtain a certificate to the effect that he/she is equipped with the systems capable of operating the airport safely (hereinafter referred to as "airport operating certificate") from the Minister of Land, Transport and Maritime Affairs, as stipulated by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) The Minister of Land, Transport and Maritime Affairs shall determine and publish the technological criteria for manpower, facilities and equipment required for a safe operation system of airport, operational procedures, etc. (hereinafter referred to as "criteria for safe operation of airport").
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 111-3 (Airport Operation Rules)   print
(1) Any airport operator who intends to obtain an airport operating certificate under Article 111-2 (1) shall establish the rules for operation of the relevant airport (hereinafter referred to as "airport operation rules") pursuant to the criteria for safe operation of airport and obtain authorization therefor from the Minister of Land, Transport and Maritime Affairs, and the same shall also apply to cases where intending to alter the said rules: Provided, That any alteration to minor matters stipulated by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such as an airport operator's own detailed operational rules, shall be reported to the said Minister.
(2) Where the criteria for safe operation of an airport are altered, or the Minister of Land, Transport and Maritime Affairs orders them to be altered for airport safety or of prevention of dangers, an airport operator who has obtained an airport operating certificate shall alter the airport operation rules, as stipulated by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 111-4 (Inspection, etc. of Airport Operations)   print
(1) An airport operator who has obtained an airport operating certificate shall continuously maintain a safe airport operation system pursuant to the criteria for safe operation of airport and the airport operation rules, and the Minister of Land, Transport and Maritime Affairs shall inspect regularly or occasionally whether he/she complies with them.
(2) Where an airport operator has, as a result of inspections under paragraph (1), operated the airport in contravention of the criteria for safe operation of an airport and the airport operation rules, the Minister of Land, Transport and Maritime Affairs may order a corrective measure, as stipulated by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 111-5 (Revocation of Airport Operating Certificates, etc.)   print
(1) When an airport operator who has obtained an airport operating certificate falls under any of the following subparagraphs, the Minister of Land, Transport and Maritime Affairs may either revoke the airport operating certificate or order a suspension of airport operation with fixing a period of not more than six months: Provided, That when he/she falls under subparagraph 1, the said Minister shall revoke the airport operating certificate:
1. When he/she has obtained the airport operating certificate by false or other illegal means;
2. When he/she has violated Article 49 (2) by committing any of the following acts:
(a) When he/she has failed to establish an aviation safety management system by the commencement of his/her business;
(b) When he/she has operated an aviation safety management system without approval;
(c) When he/she has operated an aviation safety management system in a manner different from the approved one;
(d) When he/she has changed any important matters specified by Ordinance of the Ministry of Land, Transport and Maritime Affairs without approval;
3. When he/she has failed to take a corrective measure under Article 111-4 (2);
4. When he/she has caused any danger to the airport safety in contravention of the criteria for safe operation of an airport without any justifiable reason such as a natural disaster;
5. When he/she has been responsible for any aircraft accident on the grounds of his/her intention or gross negligence, or his/her negligence in fulfilling the duty of due care to control and supervise his/her airport employees.
(2) Matters necessary for the standards, procedures, etc. for dispositions under paragraph (1) shall be stipulated by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 111-6 (Imposition of Penalty Surcharges)   print
(1) Where an airport operator who has obtained an airport operating certificate falls under any of Article 111-5 (1) 2 through 5 and thus a suspension of airport operation is to be ordered, if any concerns exist over causing serious inconveniences to the airport users, etc. or damaging the public interests by the said suspension of airport operation, the Minister of Land, Transport and Maritime Affairs may impose a penalty surcharge not exceeding one billion won, in lieu of a disposition of suspending airport operation.
(2) Amounts of penalty surcharge in accordance with the type and levels of offense on which the penalty surcharge is imposed under paragraph (1), and other necessary matters, shall be prescribed by Presidential Decree.
(3) When a person liable to pay a penalty surcharge under paragraph (1) has failed to pay the said surcharge by the payment deadline, the Minister of Land, Transport and Maritime Affairs shall collect it by referring to the practices of dispositions on default of national taxes, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
CHAPTER VI AIR TRANSPORTATION BUSINESS, ETC.
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 Article 112 (Domestic Air Transportation Business and International Air Transportation Business)   print
(1) Any person who desires to run a domestic air transportation business or international air transportation business shall obtain a license therefor from the Minister of Land, Transport and Maritime Affairs: Provided, That when he/she has obtained a license for an international air transportation business, a license for a domestic air transportation business shall be deemed to have been granted.
(2) Where any person granted a license pursuant to paragraph (1) desires to operate regular flights, he/she shall obtain, by route, permission from the Minister of Land, Transport and Maritime Affairs.
(3) Any person who desires to obtain a license referred to in paragraph (1) or permission referred to in paragraph (2) shall submit to the Minister of Land, Transport and Maritime Affairs an application therefor together with a business plan.
(4) Where any person granted a license pursuant to paragraph (1) desires to operate irregular flights, he/she shall obtain permission therefor from the Minister of Land, Transport and Maritime Affairs.
(5) Any person granted a license referred to in paragraph (1) or permission referred to in paragraph (2) or (4) shall, when intending to alter any of licensed or permitted matters, obtain a license or permission therefor.
(6) Necessary matters regarding procedures, etc. for license, permission, or license or permission for altering licensed or permitted matters under paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 112-2 (Supply of Information on Safety of Air Transportation Business Operator)   print
In order to plan safe use of air transport by people, the Minister of Land, Transport and Maritime Affairs may, as stipulated by Ordinance of the Ministry of Land, Transport and Maritime Affairs, supply people with information on the air transportation business operators (including foreign air transportation business operators pursuant to the provisions of Article 144) who have higher risk of air accidents as they have caused air accidents or have failed to satisfy the safety standards of the International Civil Aviation Organization, by putting such information in information communications networks, etc.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 113 (License Standards)   print
(1) Standards for license for a domestic air transportation business or an international air transportation business shall be as follows:
1. The commencement of such business shall not be feared to impair the safety of air traffic;
2. The flight schedule included in the business plan shall be fit for the convenience of users;
3. The number of aircraft to be used for such business, the seating capacity of each of such aircraft, the capital, etc. shall conform with the standards prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) A domestic air transportation business operator or an international air transportation business operator shall meet the standards for license referred to in paragraph (1) prior to commencement of the operation after such license is granted.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 114 (Disqualifications for License)   print
The Minister of Land, Transport and Maritime Affairs shall not grant a license for a domestic air transportation business or an international air transportation business to any person who falls under any of the following subparagraphs:
1. Any person who falls under any subparagraph of Article 6 (1);
2. Any person who is incompetent, quasi-incompetent, or declared bankrupt and is not yet reinstated;
3. Any person who was sentenced to imprisonment without prison labor or a heavier punishment in violation of this Act, and for whom two years have not passed since the execution of sentence was terminated or non-execution thereof became definite or who is subject to a suspended sentence;
4. Any person who was subjected to a disposition of revocation of license for or registration of a domestic air transportation business, an international air transportation business, a small air transportation business or a business using aircraft, and for whom two years have not passed from the day of revocation;
5. Any legal entity, any of the executives of which fall under any of subparagraphs 1 through 4.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
law view
 Article 115 (Duty to Commence Operations)   print
A person who holds a license for a domestic air transportation business or an international air transportation business pursuant to Article 112 shall commence the operations on the date as specified in an application for license: Provided, That this shall not apply in cases where the date is postponed with approval of the Minister of Land, Transport and Maritime Affairs due to any natural disaster or other inevitable cause.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 115-2 (Certification of Operation for Air Transportation Business)   print
(1) A domestic air transportation business operator or an international air transportation business operator shall commence the operation by obtaining certification of operation after undergoing examination by the Minister of Land, Transport and Maritime Affairs on the systems of safe operation, such as the manpower, equipment, facilities, and supports for operational control and maintenance control, under the criteria prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) In granting certification of operation under paragraph (1), the Minister of Land, Transport and Maritime Affairs shall set the operational criteria clarifying the conditions for operation and restricted matters prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs concerning the air routes, airports, methods of aircraft maintenance, etc., and deliver them concurrently.
(3) The Minister of Land, Transport and Maritime Affairs may, where deemed necessary for securing the safe operation of aircraft, alter the operational criteria under paragraph (2) ex officio or upon an application of the domestic air transportation business operator or international air transportation business operator.
(4) The domestic air transportation business operator, international air transportation business operator or aircrew concerned shall comply with the operational criteria under paragraph (2).
(5) The domestic air transportation business operator or international air transportation business operator in receipt of certification of operation under paragraph (1) shall keep the initial safe flight system at the time of receiving certification of operation, and where any alteration is made in the safe flight system due to the establishment of a new route, etc., undergo the examination by the Minister of Land, Transport and Maritime Affairs.
(6) The Minister of Land, Transport and Maritime Affairs shall, in order to ensure the safe operation of aircraft, periodically or occasionally check whether the domestic air transportation business operator or international air transportation business operator in receipt of certification of operation under paragraph (1) keeps the safe flight system.
(7) Where the Minister of Land, Transport and Maritime Affairs discovers any matters that may pose serious dangers to the safe operation of aircraft unless emergency measures are taken against them while performing periodical and occasional checks referred to in paragraph (6), he/she may have the operation of aircraft suspended and the services of aircrew suspended, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(8) The Minister of Land, Transport and Maritime Affairs shall, when the ground for the disposition of suspension taken under paragraph (7) ceases to exist, revoke or change such disposition without delay.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 115-3 (Revocation, etc. of Certification of Operation for Air Transportation Business)   print
(1) If an air transportation business operator who has obtained certification of operation in accordance with Article 115-2 (including cases to which the said Article shall apply mutatis mutandis pursuant to Article 132 (3)) falls under any of the following subparagraphs, the Minister of Land, Transport and Maritime Affairs may either revoke certification of operation or order him/her to suspend the operation of aircraft for a fixed period of not more than six months: Provided, That certification of operation shall be revoked, if he/she falls any of subparagraph 1, 37 or 46: <Amended by Act No. 10162, Mar. 22, 2010>
1. If he/she obtains certification of operation in any false or other unjust manner;
2. If he/she violates Article 15 (3) by using an aircraft for aviation without certification of airworthiness;
3. If he/she violates Article 15 (8) by using an aircraft, etc. or the equipment or parts thereof for aviation in defiance of an order to perform maintenance or any other works appropriate for maintaining the airworthiness of the aircraft;
4. If he/she violates Article 16 (2) by operating an aircraft without certification of conformity with noise standards or an aircraft not conforming to the standards for such certification;
5. If he/she violates Article 18 by using an aircraft for aviation without approval on airworthiness, even though the aircraft, for which certification of type is issued, no longer conform to the relevant technical standards because of subsequent revision to technical standards;
6. If he/she violates Article 19 (2) by operating an aircraft, etc., or using equipment or parts in an aircraft, etc., without approval on repair or alteration;
7. If he/she violates Article 20 (2) by using any technical-standard goods in an aircraft, etc. without certification of type;
8. If he/she violates Article 20-2 (2) by using equipment or parts in an aircraft, etc. or the equipment thereof without certification of the manufacturer of parts, etc.;
9. If he/she violates Article 22 by operating an aircraft, etc., or using equipment or parts in an aircraft, etc., after maintenance or similar works without validation of conformity of the aircraft, etc., equipment or parts to the relevant technical standards;
10. If he/she violates Article 39 (1) by using an aircraft in aviation without indication of the nationality, the mark of registration and the name or title of owner, etc.;
11. If he/she violates Article 40 by using an aircraft in aviation without the radio equipment installed, which is required by Ordinance of the Ministry of Land, Transport and Maritime Affairs, or using an aircraft in aviation in which installed radio equipment is not operable;
12. If he/she violates Article 41 by using an aircraft in aviation without any aeronautical instrument, etc. installed or placed or by not following prescribed methods, etc. in operating such instrument, etc.;
13. If he/she violates Article 43 by operating an aircraft without fuel and oil enough to meet the quantity prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
14. If he/she violates Article 44 by operating an aircraft at night or stopping or parking it in an airfield without indicating its location by signal lights, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
15. If he/she violates Article 45 by allowing a flight crew member without flight experience required by Ordinance of the Ministry of Land, Transport and Maritime Affairs to use an aircraft for an air transportation business or a business using aircraft in aviation or assigning such crew member to engage in an instrument flight, nighttime flight, or flight instruction;
16. If he/she violates Article 46 by requiring a crew member to perform his/her job in excess of the standard working hours, etc. on board prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
17. If he/she violates Article 47 (1) by having an aircrew member or a cabin crew member engaged in aviation or cabin attendance, even though the air crew member cannot normally perform his/her job under the influence of an alcoholic beverage, etc.;
18. If he/she violates Article 48 by allowing a flight crew member who fails to meet the standards for certification of a medical examination for aircrew referred to in Article 31 (2) to engage in aviation;
19. If he/she falls under any of the following items in violation of Article 49 (2):
(a) If he/she fails to establish an aviation safety management system until the commencement of his/her business;
(b) If he/she operates an aviation safety management system without approval;
(c) If he/she operates an aviation safety management system in a manner different from the approved system;
(d) If he/she changes any important matters specified by Ordinance of the Ministry of Land, Transport and Maritime Affairs without approval;
20. If he/she violates the proviso to Article 50 (5) by omitting a report on an aircraft accident, aircraft incident or aviation safety hindrance, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, when it occurs;
21. If he/she violates Article 51 (4) by treating a pilot under his/her control unfairly in accrediting or examining the qualification of the pilot or violates Article 51 (7) by allowing a plane captain, who fails to meet the experience requirements in relation to the assigned area, route or airport, to operate an aircraft;
22. If he/she fails to employ a flight dispatcher in violation of Article 52 (1);
23. If he/she violates Article 52 (3) by having a flight dispatcher engaged in his/her duty without providing the flight dispatcher with training programs necessary for his/her job, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
24. If he/she violates Article 53 by allowing an aircraft to take off or land on a place other than those designated for taking off and landing;
25. If he/she allows any act prohibited during flight in violation of Article 55;
26. If he/she carries any dangerous goods by an aircraft without permission in violation of Article 59 (1);
27. If he/she fails to follow the procedures and manner for handling dangerous goods published by the Minister of Land, Transport and Maritime Affairs in violation of Article 59 (2);
28. If he/she violates Article 61 (1) by allowing a person, who has failed to be trained to handle dangerous goods, to handle such dangerous goods;
29. If he/she operates a twin-engine aircraft without approval in violation of Article 69-2;
30. If he/she violates Article 69-3 (1) by operating an aircraft at any airspace prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such as a reduced vertical separation minimum airspace or a required performance-based navigation airspace, without approval;
31. If he/she violates Article 74 (1) by operating an aircraft without crew members necessary for the safety of navigation, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
32. If he/she violates Article 74 (3) by not providing crew members on board with training and education necessary for performing their duties;
33. If he/she violates Article 74-3 by flying or carrying out his/her business without complying with the operational technology criteria under Article 74-2;
34. If he/she commences an operation without certification of operation in violation of Article 115-2 (1);
35. If he/she fails to comply with the operational criteria in violation of Article 115-2 (4);
36. If he/she violates Article 115-2 (5) by operating an aircraft without continuously maintaining a safe operation system or without having an altered safe operation system inspected;
37. If he/she violates Article 115-2 (7) by operating an aircraft in defiance of the disposition to suspend operation of the aircraft;
38. If he/she violates Article 116 (1) by establishing or amending the flight manual or maintenance control manual without filing a report or obtaining authorization;
39. If he/she fails to distribute the flight manual or maintenance control manual, on which a report has been filed or authorization has been obtained pursuant to Article 116 (1), to those engaged in the business concerned, in violation of Article 116 (3);
40. If he/she fails to follow the flight manual or maintenance control manual reported or authorized pursuant to Article 116 (1) in operating or maintaining an aircraft, in violation of Article 116 (3);
41. If he/she fails to comply with an order to improve his/her business in relation to the matter under subparagraph 3, 5, or 6 of Article 122 for the safety in air transportation;
42. If he/she fails to submit a report or document related to his/her business (limited to business activities to ensure the safety of aviation) under Article 153 (1) or submits a false report or document;
43. If he/she rejects, interferes with, or evades access to an aircraft, etc. under Article 153 (2) or an inspection (limited to those conducted to ensure the safety of aviation) of account books, documents, etc. under the same provision;
44. If he/she fails to respond to an inquiry (limited to those made to ensure the safety of aviation) made of the person concerned under Article 153 (2) or gives a false answer;
45. If he/she causes an aircraft accident or aircraft incident deliberately or by gross negligence or by neglecting his/her duty to pay reasonable attention in appointment and supervision of aircrew;
46. If he/she operates an aircraft during the suspension period, in violation of an order of suspension pursuant to this Article.
(2) If any person who has had his/her business using aircraft registered pursuant to Article 134 (hereinafter referred to as "aircraft-using business operator") falls under any of paragraph (1) 2 through 18, 20, 21, 24 through 28, 30 through 33 and 38 through 45, the Minister of Land, Transport and Maritime Affairs may order the person to suspend the operation of aircraft for a fixed period not exceeding six months, and if the person falls under subparagraph 46 of the same paragraph, the Minister shall revoke the registration of the person's business using aircraft under Article 134 (1). <Newly Inserted by Act No. 10162, Mar. 22, 2010>
(3) The detailed criteria and procedures for dispositions under paragraphs (1) and (2) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 10162, Mar. 22, 2010>
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 115-4 (Imposition of Penalty Surcharges)   print
(1) The Minister of Land, Transport and Maritime Affairs may impose a penalty surcharge not exceeding five billion won in lieu of a disposition to suspend operation of aircraft, where the Minister shall issue an order to suspend the operation of aircraft on the ground that an air transportation business operator, who holds certification of operation under Article 115-2 (1) (including cases to which the said provision shall apply mutatis mutandis pursuant to Article 132 (3)), falls under any of Article 115-3 (1) 2 through 36 and 38 through 45 but it is anticipated that the suspension of operation is likely to cause severe inconvenience to users, etc. of the aircraft or undermine public interests. <Amended by Act No. 10162, Mar. 22, 2010>
(2) The Minister of Land, Transport and Maritime Affairs may impose a penalty surcharge not exceeding 300 million won in lieu of a disposition to suspend operation of aircraft, where the Minister shall order an aircraft-using business operator to suspend the operation of aircraft on the grounds of Article 115-3 (2) but it is anticipated that the suspension of operation is likely to cause severe inconvenience to users, etc. of the aircraft or undermine public interests. <Newly Inserted by Act No. 10162, Mar. 22, 2010>
(3) The amount of penalty surcharge imposed pursuant to paragraphs (1) and (2) depending upon the category and degree of each specific offense and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 10162, Mar. 22, 2010>
(4) If a person liable to pay a penalty surcharge pursuant to paragraphs (1) and (2) fails to pay it by the payment deadline, the Minister of Land, Transport and Maritime Affairs shall collect it in the same manner as delinquent national taxes are collected, as prescribed by Presidential Decree. <Amended by Act No. 10162, Mar. 22, 2010>
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 116 (Flight Manual and Maintenance Control Manual)   print
(1) Each domestic air transportation business operator or each international air transportation business operator shall file a report with the Minister of Land, Transport and Maritime Affairs in cases where he/she intends to establish or modify a flight manual for operation of aircraft or a maintenance control manual for maintenance of aircraft within the limit prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That for matters prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such as the catalogue of minimum equipment and training programs for crew, he/she shall obtain authorization therefor from the Minister of Land, Transport and Maritime Affairs.
(2) The Minister of Land, Transport and Maritime Affairs shall, when he/she authorizes a catalogue of minimum equipment, training programs for crew, etc. pursuant to the proviso to paragraph (1), ensure that they meet the operational technology criteria under Article 74-2.
(3) Each domestic air transportation business operator or each international air transportation business operator shall distribute the flight manual and maintenance control manual reported to or authorized by the Minister of Land, Transport and Maritime Affairs under paragraph (1) to the persons engaged in the business of operating and maintaining aircraft, and the domestic air transportation business operator, international air transportation business operator, and persons engaged in the business of operating and maintaining aircraft shall comply with such manuals.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 117 (Authorization, etc. for Fares or Rates)   print
(1) Each international air transportation business operator shall determine fares or rates for passengers or freight (excluding mails; hereinafter the same shall apply) of the international air routes concerned as prescribed by aviation accords with respect to such international air routes and shall either obtain authorization therefor from the Minister of Land, Transport and Maritime Affairs, or file a report thereof with the Minister of Land, Transport and Maritime Affairs. The same shall also apply to cases where he/she intends to alter such fares or rates.
(2) Each domestic air transportation business operator shall, when he/she intends to determine or alter fares or rates for passengers or freight of the domestic air routes concerned, publish such determination or alteration in advance for not less than 20 days.
(3) The guidelines for authorization for fares and rates under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 118 (Allocation, etc. of Traffic Rights)   print
(1) The Minister of Land, Transport and Maritime Affairs may set the frequency of aviation through aviation conference with foreign governments and allocate rights to the operation of aircraft (hereinafter referred to as "traffic rights") to international air transportation business operators within the limits of the frequency so established, upon the request of such business operators.
(2) The Minister of Land, Transport and Maritime Affairs shall, in allocating the traffic rights under paragraph (1), take into consideration the standards for license referred to in subparagraphs of Article 113 (1), the matters agreed upon at aviation conference with foreign governments and so on.
(3) The Minister of Land, Transport and Maritime Affairs may withdraw any allocated traffic right in whole or in part to promote the practical use of such right, in cases falling under any of the following subparagraphs:
1. Where the business or air route concerned is shut down pursuant to Article 128;
2. Where the relevant air route is not put into operation within one year after the traffic right is allocated;
3. Where the traffic right is not used in whole or in part after the relevant air route is put into operation.
(4) The standards and methods for the allocation and withdrawal of the traffic rights under paragraphs (1) and (3) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, taking into account the potential of air transportation business operators to render related services, the convenience of users, etc.
[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]
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 Article 118-2 (Allocation, etc. of Rights to Passage through Foreign Airspace)   print
(1) The Minister of Land, Transport and Maritime Affairs may set the frequency of passage through foreign airspace through aviation conference with foreign governments and allocate rights to the operation of aircraft (hereinafter referred to as "rights to passage through foreign airspace") to international air transportation business operators within the limits of the frequency so established, upon the request of such business operators.
(2) The Minister of Land, Transport and Maritime Affairs shall, in allocating the rights to passage through foreign airspace under paragraph (1), take into consideration the standards for license referred to in subparagraphs of Article 113 (1), the matters agreed upon at aviation conference with the foreign governments and so on.
(3) The Minister of Land, Transport and Maritime Affairs may withdraw the whole or part of the rights to passage through foreign airspace allocated pursuant to paragraph (1) when they are not in use.
(4) The standards and methods for the allocation and withdrawal of the rights to passage through foreign airspace under paragraphs (1) and (3) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, taking into account the potential of air transportation business operators to render related services, the convenience of users, etc.
[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]
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 Article 119 (Keeping of Transport Clause, etc.)   print
Each domestic air transportation business operator or each international air transportation business operator shall keep the fare and rate lists and the transport clause at such places in his/her business office readily visible to users so that they may inspect them, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 120 (Business Plans)   print
(1) Each domestic air transportation business operator or each international air transportation business operator shall perform his/her business as specified in the business plan, except in cases where it is difficult to operate due to worsening of weather or there is any inevitable reason.
(2) In cases where a person desires to develop the business plan referred to in paragraph (1), or to modify it, he/she shall obtain the authorization of the Minister of Land, Transport and Maritime Affairs: Provided, That if he/she desires to modify any minor matters determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, he/she shall report it to the Minister of Land, Transport and Maritime Affairs.
(3) The provisions of Article 113 (1) shall apply mutatis mutandis to authorization referred to in paragraph (2).
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 121 (Agreement pertaining to Transportation, etc.)   print
(1) Where a domestic air transportation business operator or an international air transportation business operator intends to conclude an agreement on air transport (hereinafter referred to as "transportation agreement"), including any joint operation agreement, with any other air transportation business operator (including any foreign air transportation business operator) or to conclude an agreement on business cooperation or other alliance in regard to flight schedules, fares, public information or sales (hereinafter referred to as "alliance agreement"), he/she shall obtain the authorization of the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. The same shall also apply in cases of altering authorized matters: Provided, That where the business operator intends to alter any minor matters prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, he/she shall file a report thereof with the Minister of Land, Transport and Maritime Affairs without delay, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) No transportation agreement nor alliance agreement shall include any of the following matters in its contents:
1. Matters related to practical restrictions on competition among air transportation business operators;
2. Matters related to unjust infringement on customers' benefit or discrimination against a particular customer;
3. Matters related to unjust restrictions on obtaining new membership in such agreement or of withdrawal from such membership.
(3) In authorizing any alliance agreement referred to in paragraph (1) or any change in such alliance agreement, the Minister of Land, Transport and Maritime Affairs shall do so after prior consultation with the Fair Trade Commission.
(4) Any conclusion or alteration of the transportation agreement or alliance agreement shall take effect upon authorization of the Minister of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 122 (Order of Business Improvement)   print
If it is deemed necessary for the improvement of air transport services and the safety of air transport, the Minister of Land, Transport and Maritime Affairs may order a domestic air transportation business operator or an international air transportation business operator to complete the following matters:
1. Alteration of the business plan;
2. Alteration of fares and rates;
3. Improvement of aircraft and other facilities;
4. Conclusion of insurance contract for damages to be paid due to aircraft accidents;
5. Matters necessary for the implementation of international conventions for aviation;
6. Other matters necessary for eliminating factors that may hamper the safe operation of aircraft.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 123 (Prohibition of Lending of License, etc.)   print
Neither domestic air transportation business operator nor international air transportation business operator shall have another person manage the domestic air transportation business or international air transportation business using his/her name or trade name, or lend his/her license to another person.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 124 (Handing or Taking over Business)   print
(1) Where a domestic air transportation business operator or an international air transportation business operator desires to hand or take over the domestic air transportation business or international air transportation business, he/she shall obtain authorization from the Minister of Land, Transport and Maritime Affairs.
(2) The Minister of Land, Transport and Maritime Affairs shall, upon receiving an application for the authorization for hand-over or take-over under the provisions of paragraph (1), not authorize it, where the transferor or transferee falls under any of the following subparagraphs:
1. Where the transferee falls under any subparagraph of Article 114;
2. Where the transferor is subjected to a disposition of business suspension under the provisions of Article 129, and is in the period of such suspension;
3. Where the transferor is subjected to a revocation disposition of license under the provisions of Article 129, but such disposition of revocation is in suspension of execution under the Administrative Appeals Act or the Administrative Litigation Act.
(3) The Minister of Land, Transport and Maritime Affairs shall, upon receiving an application for authorization under the provisions of paragraph (1), publicly announce it, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. In such cases, expenses incurred in making public announcements shall be borne by the transferor.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 125 (Merger of Businesses)   print
(1) Where a domestic air transportation business operator or an international air transportation business operator desires to merge with another air transportation business operator or a person managing a business other than air transportation business, he/she shall obtain the authorization of the Minister of Land, Transport and Maritime Affairs.
(2) The provisions of Article 113 (1) shall apply mutatis mutandis to authorization referred to in paragraph (1).
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 126 (Inheritance)   print
(1) In cases where a domestic air transportation business operator or an international air transportation business operator is dead, his/her heir or heiress shall succeed to the status of the domestic air transportation business operator or international air transportation business operator. Where there are two or more successors, one of them shall, by agreement, succeed to the status.
(2) Each successor to the status of a domestic air transportation business operator or international air transportation business operator pursuant to paragraph (1) shall file a report thereon with the Minister of Land, Transport and Maritime Affairs within 30 days after the cause occurs.
(3) Where a successor to the status of the domestic air transportation business operator or international air transportation business operator pursuant to paragraph (1) falls under any subparagraph of Article 114, he/she may transfer the domestic air transportation business or international air transportation business to another person within three months.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 127 (Suspension of Business or Air Route)   print
(1) An international air transportation business operator who intends to temporarily shut down his/her business (including any international air route) shall obtain permission from the Minister of Land, Transport and Maritime Affairs: Provided, That where an international air transportation business operator covering domestic air routes desires to suspend his/her domestic air transportation business (including any domestic air route), he/she shall file a report thereon with the Minister of Land, Transport and Maritime Affairs.
(2) A domestic air transportation business operator who intends to temporarily shut down his/her business (including any domestic air route) shall file a report thereon with the Minister of Land, Transport and Maritime Affairs.
(3) The period of temporary closure of the business or air route under paragraph (1) or (2) shall not exceed six months: Provided, That the period of temporary closure of an air route allowed to be operated irrespective of serviced areas, transportation capacity, etc. by an aviation agreement concluded with a foreign country shall not exceed 12 months. <Amended by Act No. 10162, Mar. 22, 2010>
(4) Permission for the temporary closure of the business or air route under the main sentence of paragraph (1) shall be granted in accordance with the following guidelines:
1. No reservation shall already have been made for originally scheduled flights during the intended temporary closure period or all countermeasures including arrangement of alternative flights shall be fully taken, if any reservation is made;
2. There shall be no likelihood of causing substantial inconvenience to users, etc. or undermining public interests due to the temporary closure.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 128 (Discontinuation of Business or Air Route)   print
(1) An international air transportation business operator who intends to permanently close down his/her business (including any international air route) shall obtain approval of the Minister of Land, Transport and Maritime Affairs: Provided, That if an international air transportation business operator covering domestic air routes intends to permanently close down his/her domestic air transportation business (including any domestic air route), he/she shall file a report thereon with the Minister of Land, Transport and Maritime Affairs.
(2) A domestic air transportation business operator who intends to permanently close down his/her business (including any domestic air route) shall file a report thereon with the Minister of Land, Transport and Maritime Affairs.
(3) Approval for permanent closedown of the business or air route under the main sentence of paragraph (1) shall be given in accordance with the following guidelines:
1. No reservation shall already have been made for originally scheduled flights after the date of such closedown or all countermeasures including arrangement of alternative flights shall be fully taken, if any reservation is made;
2. The closedown of business or air route shall not disturb good system of the aviation market.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 129 (Revocation, etc. of License)   print
(1) If a domestic air transportation business operator or an international air transportation business operator falls under any of the following subparagraphs, the Minister of Land, Transport and Maritime Affairs may revoke license, or order the whole or part of the business suspended for a fixed period of not more than six months: Provided, That if he/she falls under subparagraph 1, 2 or 16, the Minister shall revoke license:
1. If he/she has obtained license in any false or other unjust manner;
2. If he/she has failed to perform the business as licensed under Article 112;
3. If a domestic air transportation business operator or an international air transportation business operator falls under any subparagraph of Article 114: Provided, That this shall not apply in cases where a legal entity falling under subparagraph 5 of Article 114 replaces the relevant executive with a qualified one within three months or an heir/heiress to a domestic air transportation business or international air transportation business transfers his/her business to someone else within sixty days after the predecessor dies;
4. If he/she has failed to obtain authorization for fares or rates or for a change in such fares or rates, has failed to file a report on fares or rates or a change in such fares or rates, or has failed to perform any affair as authorized or reported, in violation of Article 117 (1);
5. If he/she has failed to keep a transport clause, etc., or failed to make it available to users for inspection, in violation of Article 119;
6. If he/she has failed to conduct a business in accordance with the business plan under Article 120 (1) or has established or revised such business plan without obtaining authorization or filing a report under paragraph (2) of the said Article;
7. If he/she has failed to obtain authorization for or failed to file a report on a transportation agreement or an alliance agreement in violation of Article 121, or failed to perform the terms and conditions as authorized or reported;
8. If he/she has failed to comply with an order to improve any business affair under subparagraph 1, 2, or 4 of Article 122;
9. If he/she has violated Article 123 by allowing any other person to run the business concerned under his/her name or trade name or lending his/her license to someone else;
10. If he/she has violated Article 124 (1) by transferring or acquiring the business concerned without authorization of the Minister of Land, Transport and Maritime Affairs;
11. If he/she has merged his/her business with any other business without authorization of the Minister of Land, Transport and Maritime Affairs in violation Article 125 (1);
12. If he/she has failed to file a report on inheritance in violation of Article 126 (2);
13. If he/she has shut down his/her business temporarily without permission or reporting in violation of Article 127 (1) or (2) or has failed to resume his/her business after the end of the permitted or reported closure period;
14. If he/she has failed to perform any conditions or such attached to a license, etc. pursuant to Article 135 (1);
15. If there is any significant sign of risk that is likely to undermine national or social security and orders;
16. If he/she continues operation of his/her business during the business suspension period in violation of an order issued pursuant to this Article to suspend the business.
(2) Standards and procedures for dispositions under the provisions of paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 130 Deleted.<by Act No. 5794, Feb. 5, 1999>   print
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 Article 131 (Imposition of Penalty Surcharges)   print
(1) In cases where a domestic air transportation business operator or an international air transportation business operator falls under any provision of Article 129 (1) 2 and 4 through 15 and is to be ordered to suspend the business, but the suspension of the business would give serious inconvenience to its users, etc. or would be detrimental to the public interest, the Minister of Land, Transport and Maritime Affairs may impose on him/her a penalty surcharge not exceeding five billion won in lieu of the disposition of business suspension.
(2) The amounts of penalty surcharge imposed pursuant to paragraph (1) depending upon the category and degree of each specific offense and other necessary matters shall be prescribed by Presidential Decree.
(3) When a person liable to pay a penalty surcharge under paragraph (1) has failed to pay the said surcharge within the payment deadline, the Minister of Land, Transport and Maritime Affairs shall collect it by referring to the practices of dispositions on default of national taxes, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 132 (Small Air Transportation Business)   print
(1) Any person who intends to manage a small air transportation business shall register his/her business with the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) Standards for registration of small air transportation businesses under the provisions of paragraph (1), such as the manpower, capital, number of aircraft and passenger seating capacity of each aircraft, and other necessary matters regarding registration thereof shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) The provisions of Articles 49-2 through 49-4, 112 (2) through (5), 114, 115, 115-2 through 115-4, 116, 117 (limited to the provisions concerning domestic regular flights and international regular flights), 119 through 129 and 131 shall apply mutatis mutandis to small air transportation businesses. In such cases, in applying mutatis mutandis the provisions of Articles 112 (4), 124 and 125, "permission" or "authorization" shall be deemed "report", respectively.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 133 Deleted.<by Act No. 5794, Feb. 5, 1999>   print
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 Article 134 (Business Using Aircraft)   print
(1) Any person who intends to manage business using aircraft shall register it with the Minister of Land, Transport and Maritime Affairs.
(2) The guidelines for registration of business using aircraft under paragraph (1) with respect to its capital, technical manpower, specifications of facilities and other matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) Articles 115, 116, 120, 122 (excluding those referred to in subparagraph 2 of the said Article) through 124 (excluding those referred to in paragraph (2) 1 of the said Article), 125, 126, 128, 129 and 131 shall apply mutatis mutandis to the business using aircraft. In such cases, in applying mutatis mutandisArticles 124 and 125, "authorization" shall be construed as "report" respectively. <Amended by Act No. 10162, Mar. 22, 2010>
(4) If an aircraft-using business operator suspends his/her business, he/she shall report it without delay to the Minister of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 135 (Conditions to License, etc.)   print
(1) It shall be allowed to attach any condition or term to a license, registration, authorization or permission as prescribed by Article 112, 116, 117, 120, 121, 124, 127 or 132 or to change any condition or term so attached.
(2) Such condition or term referred to in paragraph (1) shall be the minimum necessary for promoting the public interest or executing license, registration, authorization or permission, and shall not be impose any unreasonable obligation on the air transportation business operator or aircraft-using business operator.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 136 Deleted.<by Act No. 9780, Jun. 9, 2009>   print
CHAPTER VII GROUND SUPPORT SERVICES, ETC.
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 Article 137 (Ground Support Services)   print
(1) Any person who intends to manage a ground support service shall register it with the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) The guidelines for the registration of a ground support service under paragraph (1), including its specifications of facilities, and other matters necessary for registration thereof shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) No person, who falls under any of the following subparagraphs, shall be eligible for registration of a ground support service:
1. A person who falls under any of subparagraphs 2 through 5 (excluding a legal entity that has an executive who is not a national of the Republic of Korea) of Article 114;
2. A person in whose case two years have not passed since the registration of his/her ground support service was revoked.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 137-2 (Aircraft Maintenance Services)   print
(1) Any person who intends to run an aircraft maintenance service shall register it with the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) The guidelines for the registration of an aircraft maintenance service under paragraph (1) with respect to its capital, specifications of facilities and other matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) No person, who falls under any of the following subparagraphs, shall be eligible for registration of an aircraft maintenance service:
1. A person who falls under any of subparagraphs 2 through 5 (excluding a legal entity that has an executive who is not a national of the Republic of Korea) of Article 114;
2. A person in whose case two years have not passed since the registration of his/her aircraft maintenance service was revoked.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 138 (Maintenance Organization Certification, etc.)   print
(1) Any person who intends to maintain aircraft, etc. or equipment or parts thereof as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs shall have the manpower, etc. in conformity with the standards for the manpower, facilities, test system, etc. (hereinafter referred to as "standards for maintenance organization certification") prescribed and published by the Minister of Land, Transport and Maritime Affairs and then obtain certification thereof from the Minister of Land, Transport and Maritime Affairs.
(2) Any owner, etc. shall, if he/she intends to have his/her aircraft, etc. or the equipment or parts thereof maintained as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, commission the maintenance services to any person who has obtained certification referred to in paragraph (1) (hereinafter referred to as "maintenance organization certification") or obtain the maintenance organization certification from the Minister of Land, Transport and Maritime Affairs after securing the manpower, etc. in conformity with the standards for maintenance organization certification: Provided, That this shall not apply to any domestic air transportation business operator or any international air transportation business operator who has obtained certification of operation under the provisions of Article 115-2 (including the small air transportation business operators and aircraft-using business operators to whom the provisions are applicable mutatis mutandis under the provisions of Articles 132 (3) and 134 (3)).
(3) The Minister of Land, Transport and Maritime Affairs shall, when he/she grants the maintenance organization certification referred to in paragraphs (1) and (2), issue a certificate of such maintenance organization along with the detailed operational standards that prescribe the scope of maintenance, methods of performing the maintenance, procedures for the control of quality, etc.
(4) In the event that aircraft, etc., or the equipment or parts thereof are maintained, their maintenance shall be made in conformity with the methods and procedures for maintenance, etc. that are prescribed by any person who has manufactured the aircraft, etc., equipment or parts or that are recognized by the Minister of Land, Transport and Maritime Affairs.
(5) Any person who has been granted the maintenance organization certification by any country that has concluded a treaty with the Republic of Korea with respect to maintenance organization certification shall be deemed to have been granted maintenance organization certification by the Minister of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 138-2 (Revocation, etc. of Maintenance Organization Certification)   print
(1) Where any person who has been granted the maintenance organization certification falls under any of the following subparagraphs, the Minister of Land, Transport and Maritime Affairs may revoke his/her maintenance organization certification or order him/her to suspend his/her business of rendering maintenance services or similar with fixing a period of not more than 6 months: Provided, That in cases where he/she falls under subparagraph 1, his/her maintenance organization certification shall be revoked:
1. Where he/she has obtained the maintenance organization certification by false or other unlawful means;
2. Where he/she has violated Article 49 (2) by committing or omitting any of the following acts:
(a) If he/she has failed to establish an aviation safety management system until the commencement of his/her business;
(b) If he/she has operated an aviation safety management system without approval;
(c) If he/she has operated an aviation safety management system in any manner different from the approved one;
(d) If he/she has changed any important matters specified by Ordinance of the Ministry of Land, Transport and Maritime Affairs without approval;
3. Where he/she has violated the standards for maintenance organization certification provided for in Article 138 (1) without any justifiable grounds;
4. Where he/she has been responsible for any aircraft accident on the grounds of his/her intention or gross negligence, or his/her negligence in fulfilling the duty of due care to control and supervise his/her aircrew.
(2) The standards and procedures for dispositions pursuant to paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 138-3 (Imposition of Penalty Surcharges)   print
(1) Where any person who has been granted the maintenance organization certification falls under any subparagraph of Article 138-2 (1) and thus his/her business of rendering maintenance services or similar is to be suspended, if the said suspension is likely to cause serious inconvenience to the customers, etc. of his/her services or undermine the public interest, the Minister of Land, Transport and Maritime Affairs may levy a penalty surcharge of not more than 500 million won in lieu of a disposition taken to suspend his/her business.
(2) The amounts of penalty surcharges imposed pursuant to paragraph (1) depending upon the category and degree of each specific offense and other necessary matters shall be prescribed by Presidential Decree.
(3) When a person liable to pay a penalty surcharge under paragraph (1) has failed to pay the said surcharge by the deadline for payment, the Minister of Land, Transport and Maritime Affairs shall collect it by referring to the practices of dispositions on default of national taxes, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 139 (Commercial Document Delivery Business, etc.)   print
(1) Any person who desires to carry on a commercial document delivery business, general sales agency or city air terminal business shall report it to the Minister of Land, Transport and Maritime Affairs, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. The same shall also apply in cases where he/she desires to modify the reported matters.
(2) Any person who desires to make a report referred to in paragraph (1) shall submit the written report to the Minister of Land, Transport and Maritime Affairs together with the business plan.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Articles 140 and 141 Deleted.<by Act No. 4647, Dec. 27, 1993>   print
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 Article 142 (Provisions Applicable Mutatis Mutandis)   print
(1) Regarding ground support services, Articles 119, 122 through 129, 131 and 136 shall apply mutatis mutandis. In such cases, in applying mutatis mutandis the provisions of Articles 124, 125, 127 and 128, "authorization", "permission" or "approval" shall be deemed "report", respectively.
(2) Regarding aircraft maintenance services, Articles 119, 122 through 129, 131 and 136 shall apply mutatis mutandis. In such cases, in applying mutatis mutandis the provisions of Articles 124, 125, 127 and 128, "authorization", "permission" or "approval" shall be construed as "report", respectively.
(3) The provisions of Articles 122, 123, 127 through 129, 131 and 136 shall apply mutatis mutandis to commercial document delivery businesses, general sales agencies, city air terminal businesses. In such cases, in applying mutatis mutandis the provisions of Articles 127 through 129, "permission" or "approval" shall be deemed "report", and "revocation of a license" shall be deemed "closure of a place of business", respectively.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 143 (Establishment of Korea Civil Aviation Development Association)   print
(1) In order to efficiently develop air transportation businesses, protection of rights and interests of air transportation business operators, operational improvement of airports, study on the safety of aviation and other affairs entrusted by the Government, the Korea Civil Aviation Development Association (hereinafter referred to as the "Association") may be established.
(2) The Association shall be comprised of those listed in the following subparagraphs:
1. Domestic air transportation business operators or international air transportation business operators;
2. Incheon International Airport Corporation established under the Incheon International Airport Corporation Act ;
3. Korea Airports Corporation established under the Korea Airports Corporation Act;
4. Other business operators and organizations related to aviation.
(3) The Association shall be a legal entity.
(4) The Association shall come into existence by making an establishment registration at the seat of its principal office.
(5) Matters necessary for the articles of association, functions, supervision, etc. of the Association shall be determined by Presidential Decree.
(6) The Minister of Land, Transport and Maritime Affairs may, where deemed necessary, provide financial support to the Association within the scope of budget to facilitate the operation of business which falls under any of the following subparagraphs:
1. Business to study the advancement and safety of aviation;
2. Business to collect and manage aviation-related information;
3. Business to advance international cooperation with foreign aviation agencies;
4. Other business to develop the air transportation business, which the Minister of Land, Transport and Maritime Affairs deems necessary.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
CHAPTER VIII FOREIGN AIRCRAFT
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 Article 144 (Navigation of Foreign Aircraft)   print
(1) When any person (including a foreign state, a foreign public organization, and a person similar to the afore-mentioned) who uses an aircraft with a foreign nationality [excluding an aircraft used for the relevant business by a grantee of permission under Article 147 (1) (hereinafter referred to as "foreign international air transportation business operator") and an aircraft used for the relevant transportation by a grantee of permission under Article 148] intends to engage in any of the following operations, he/she shall obtain permission from the Minister of Land, Transport and Maritime Affairs: <Amended by Act No. 9780, Jun. 9, 2009>
1. Taking off outside and landing inside the Republic of Korea;
2. Taking off inside and landing outside the Republic of Korea;
3. Taking off and landing outside the Republic of Korea, after transit through the Republic of Korea without landing.
(2) Deleted. <by Act No. 8787, Dec. 21, 2007>
(3) Aircraft used for the military, customshouse or police services in a foreign country shall be deemed the aircraft used by the State in application of paragraph (1). <Amended by Act No. 9780, Jun. 9, 2009>
(4) While an aircraft under paragraph (1) engages in the operation under any subparagraph of the said paragraph, it shall, upon receiving a demand from the Minister of Land, Transport and Maritime Affairs, land on an airfield designated by the Minister of Land, Transport and Maritime Affairs without delay. <Amended by Act No. 9780, Jun. 9, 2009>
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 Article 145 (Domestic Use of Foreign Aircraft)   print
No aircraft with a foreign nationality (excluding the aircraft used for a business by a foreign international air transportation business operator and that used for a transportation by a person who is permitted under the provisions of Article 148) shall be used for aviation between areas in the Republic of Korea: Provided, That this shall not apply in cases where it is permitted by the Minister of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 146 (Prohibition of Munitions Transport)   print
No aircraft with a foreign nationality shall transport any munitions prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs by making a navigation that falls under any subparagraph of Article 144 (1): Provided, That this shall not apply in cases where it is permitted by the Minister of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 147 (Foreign International Air Transportation Business)   print
(1) Notwithstanding the provisions of Articles 112 (1) and 132 (1), a person who falls under any subparagraph of Article 6 (1) may carry on business to transport passengers or freight commercially in compliance with the demand of others with permission from the Minister of Land, Transport and Maritime Affairs, by making a navigation falling under any subparagraph of Article 144 (1) (including any navigation between areas in the Republic of Korea, which is made in conjunction with such navigation). In such cases, the Minister of Land, Transport and Maritime Affairs may permit such business by restricting the frequency of navigation and the type of aircraft to be used to the extent that it fails to cause any impediment in the development of the international aviation of domestic air transportation business operators.
(2) Permission under paragraph (1) shall be granted in accordance with the following guidelines:
1. The person shall be designated as an international air transportation business operator by the pertinent state which entered into an aviation agreement with the Republic of Korea;
2. The safety in operation shall conform to the standards and methods stipulated in the Convention on International Civil Aviation and its Annexes;
3. The substance of the air transportation business shall be relevant to the aviation agreement made between the Republic of Korea and the pertinent state;
4. Its purpose shall be to promote smooth international transportation of passengers and cargo.
(3) Any person who desires to obtain permission referred to in paragraph (1) shall submit an application therefor to the Minister of Land, Transport and Maritime Affairs which consists of a specific business plan, predetermined date at which the navigation begins, and other matters determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 147-2 (Foreign International Air Transportation Business Operators' Duties to Comply with for Safe Operations)   print
(1) Any foreign international air transportation business operator shall carry the following documents in his/her aircraft while in operation, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs:
1. A copy of each certificate of operation and operational standards issued by the pertinent state in accordance with the standards and recommended methods stipulated in the Annexes to the Convention on International Civil Aviation;
2. Other documents, etc. that shall be carried in each aircraft while in operation in accordance with the Convention on International Civil Aviation and its Annexes.
(2) Any foreign international air transportation business operator and aircrew shall comply with the operational standards under paragraph (1) 1.
(3) The Minister of Land, Transport and Maritime Affairs may conduct an inspection on a regular basis, or at any time, to ensure that foreign international air transportation business operators and aircrew comply with the operational standards under paragraph (1) 1, for ensuring safety in operations of aircraft.
(4) If the Minister of Land, Transport and Maritime Affairs discovers that there is a potential cause that may lead to a serious risk in safe operations of aircraft without taking urgent countermeasures, while conducting a regular or occasional inspection under paragraph (3), he/she may direct the operation of the aircraft or the service of the aircrew involved to be suspended, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(5) Once the cause for the disposition of suspension under paragraph (4) terminates, the Minister of Land, Transport and Maritime Affairs shall revoke or alter the disposition without delay.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 148 (Onerous Transport by Foreign Aircraft)   print
(1) If a user of the aircraft holding the nationality of a foreign country (excluding the aircraft used for a business by a foreign international transportation business operator) carries on a commercial transport of passengers or freight arriving at, or departing from, the Republic of Korea in the course of navigation as prescribed by Article 144 (1) 1 or 2 (including any navigation between areas in the Republic of Korea, which is made in conjunction with such navigation), he/she shall obtain permission from the Minister of Land, Transport and Maritime Affairs.
(2) Permission under paragraph (1) shall be granted in accordance with the following guidelines:
1. Such operation shall be the one supplemental to regular flights under an aviation agreement made between the Republic of Korea and the pertinent state;
2. The safety of such operation shall conform to the standards and methods stipulated in the Convention on International Civil Aviation and its Annexes;
3. Such operation shall not undermine good market system;
4. The purpose of such operation shall be to promote smooth international transportation of passengers and cargo.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 149 (Prohibition of Domestic Transport by Foreign Aircraft)   print
No aircraft which have obtained permission under the provisions of the proviso to Article 145 or Article 147 or 148 shall onerously transport any passengers or freight between areas in the Republic of Korea.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 150 (Revocation, etc. of Permission)   print
(1) If a foreign international air transportation business operator falls under any of the following subparagraphs, the Minister of Land, Transport and Maritime Affairs may revoke permission, or order him/her to suspend the business with a period not exceeding six months fixed: Provided, That if he/she falls under subparagraph 1 or 21, the Minister of Land, Transport and Maritime Affairs shall revoke permission:
1. Where he/she has obtained permission in any false or other illegal way;
2. Where he/she has violated Article 40 by using an aircraft in aviation without the radio equipment installed, which is required by Ordinance of the Ministry of Land, Transport and Maritime Affairs, or by using an aircraft in aviation in which installed radio equipment is not operable;
3. Where he/she has violated Article 41 by using an aircraft in aviation without any aeronautical instrument, etc. installed or placed or by not following methods or such in operating such instrument;
4. Where he/she has violated Article 44 by operating an aircraft at night or stopping or parking it in an airport without indicating its location by signal lights, as prescribed by Ordinance of Land, Transport and Maritime Affairs;
5. Where he/she has violated Article 53 by allowing an aircraft to take off or land on a place other than those designated for taking off or landing;
6. Where he/she has violated Article 55 by allowing any act, etc. prohibited during flight;
7. Where he/she has carried any dangerous goods by an aircraft without permission in violation of Article 59 (1), or has failed to follow the procedures and manner for handling dangerous goods published by the Minister of Land, Transport and Maritime Affairs in violation of paragraph (2) of the same Article;
8. Where he/she has failed to comply with the criteria for permission under Article 147 (2) in conducting his/her operations or running his/her business;
9. Where he/she has failed to carry the documents under subparagraphs of Article 147-2 (1) in an aircraft in operation in violation of the said provision;
10. Where he/she has failed to observe the operational standards under Article 147-2 (1) 1 in violation of paragraph (2) of the said Article;
11. Where he/she has failed to obtain authorization for fares or rates or for a change in such fares or rates, has failed to file a report on fares or rates or a change in such fares or rates, or has failed to perform any affair as authorized or reported, in violation of Article 117 (1) which shall apply mutatis mutandis under Article 152;
12. Where he/she has failed to conduct his/her business in accordance with a business plan, or has established or revised such business plan without obtaining authorization or filing a report, in violation of Article 120 (1) or (2) which shall apply mutatis mutandis under Article 152;
13. Where he/she has failed to obtain authorization for or failed to file a report on a transportation agreement or an alliance agreement in violation of Article 121 which shall apply mutatis mutandis under Article 152, or has failed to perform the terms and conditions as authorized or reported;
14. Where he/she has failed to comply with an order to improve any business affair pursuant to Article 122 which shall apply mutatis mutandis under Article 152;
15. Where he/she has shut down his/her business temporarily without reporting in violation of Article 127 which shall apply mutatis mutandis under Article 152, has continued his/her business during the period of closure, or has failed to resume his/her business after the end of the period of closure;
16. Where he/she has failed to perform any conditions or such attached to a license, etc. pursuant to Article 135 which shall apply mutatis mutandis under Article 152;
17. Where he/she has failed to fulfill any permitted or authorized matters without any justifiable reason;
18. Where the ownership of, or substantial control over, a majority of stocks or quotas no longer belongs to the country which designated the international air transportation business operator pursuant to Article 147 (2) 1, or to the national of such country: Provided, That as provided otherwise by an aviation agreement included into between the Republic of Korea and the pertinent country (including a union of states or an economic community), such agreement shall prevail;
19. Where a convention related to the aviation exists between the Republic of Korea and the country which designated the international air transportation business operator pursuant to Article 147 (2) 1, but the convention has lost its effect, or the country or the foreign international air transportation business operator has violated the convention;
20. Where there is any remarkable cause to bring any danger or injury to the security of the Republic of Korea or the public peace of society;
21. Where he/she has continued his/her business during the business suspension period in violation of an order issued pursuant to this Article to suspend the business.
(2) The provisions of Article 131 shall apply mutatis mutandis with respect to the imposition of a penalty surcharge in lieu of a disposition of business suspension under paragraph (1).
(3) The detailed criteria and procedure for dispositions under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 151 (Recognition of Certificate, etc.)   print
Any certification, license or other act made or performed by a foreign government to which the nationality of the aircraft falling under any of the following subparagraphs belongs, on the airworthiness of the aircraft and qualification of its crew, shall be deemed to have been made or performed under this Act:
1. Aircraft of foreign nationality which makes an operation falling under any subparagraph of Article 144 (1);
2. Aircraft of foreign nationality which is used for foreign international air transport business under the provisions of Article 147;
3. Aircraft of foreign nationality which carries on commercial transport under the provisions of Article 148.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 152 (Application Mutatis Mutandis to Foreign International Air Transportation Business Operators)   print
The provisions of Articles 49-2 through 49-4, 117 (1), 120 (1) and (2), 121, 122, 127, 128 and 135 shall apply mutatis mutandis to any foreign international air transportation business operator. In such cases, in applying mutatis mutandis the provisions of Articles 127 and 128, "permission" or "approval" shall be deemed "report", respectively.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
CHAPTER VIII-2 Deleted.
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 Articles 152-2 through 152-17 Deleted.<by Act No. 7691, Nov. 8, 2005>   print
CHAPTER IX SUPPLEMENTARY PROVISIONS
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 Article 153 (Activities for Safety of Aviation)   print
(1) The Minister of Land, Transport and Maritime Affairs may have any person falling under each of the following subparagraphs file a report or furnish documents with respect to his/her business:
1. A person who makes, modifies, repairs, or maintains aircraft or equipment;
2. An installer or a manager of airport facilities, airfields or navigation safety facilities;
3. An aircrew member;
4. A domestic air transportation business operator, an international air transportation business operator (including any foreign international air transportation business operator; hereafter the same shall apply in this Article), a small air transportation business operator, an aircraft using business operator, a ground support service provider, an aircraft maintenance service provider, a general sales agent, a commercial document delivery business operator, or a city air terminal business operator;
5. A person, other than those referred to in subparagraphs 1 through 4, who continuously uses aircraft or aviation facilities.
(2) If it is especially required for securing the enforcement of this Act, the Minister of Land, Transport and Maritime Affairs may have a public official under his/her control enter the office, factory or other place of business of the person falling under any subparagraph of paragraph (1) or other related airport facilities, airfield, navigation safety facilities or construction field of such facilities, stationing place of aircraft or aircraft to inspect aircraft, navigation safety facilities, books, documents and other things, or to ask any questions to the persons concerned. In such cases, the Minister of Land, Transport and Maritime Affairs may, when he/she deems it especially necessary to efficiently carry out the business of inspection, etc., commission aviation safety experts with qualifications prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs and have them give counsel on the business of inspection, etc.
(3) The Minister of Land, Transport and Maritime Affairs shall conduct a regular safety inspection on the airport in which a domestic air transportation business operator or an international air transportation business operator places the aircraft in service, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(4) The Minister of Land, Transport and Maritime Affairs may, upon receiving a request from the Minister of Knowledge Economy who deems that a commercial document delivery business operator is highly likely to violate the Postal Service Act, have any public official who belongs to the Ministry of Knowledge Economy inspect or ask questions to the commercial document delivery business operator on the matters related to the Postal Service Act.
(5) In conducting any inspection or question pursuant to paragraphs (2) through (4), the scheduled date and time, reasons, details, etc. of the inspection or question shall be notified to the persons subject to such inspection or question by not later than seven days before the inspection or question: Provided, That in cases of an emergency or in cases where deemed that any prior notification might cause the destruction of any evidence to make it impossible to attain the purposes of such inspection or question, such notification shall not be required.
(6) In conducting any such inspection or question referred to in paragraphs (2) through (4), the public official concerned shall carry with him/ her a certificate indicating his/her competence, and show it to the interested persons.
(7) Matters necessary for the certificate referred to in paragraph (6) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(8) Where any inspection or question is conducted pursuant to paragraphs (2) through (4), the results shall be notified in writing to the persons so inspected or questioned.
(9) Where the Minister of Land, Transport and Maritime Affairs discovers that there is a potential cause that may lead to a serious risk to safe operations of aircraft without taking urgent countermeasures, while conducting any inspection under paragraph (2) or (3), he/she may direct the operation of the aircraft or navigation safety facilities or the service of the aircrew or the manager of the navigation safety facilities involved to be temporarily suspended, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 153-2 (Financial Support)   print
Where the head of a local government undertakes an airport development project after obtaining permission from the Minister of Land, Transport and Maritime Affairs under the provisions of Article 94 (2), the Government may subsidize or loan part of costs undertaking such project, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 154 (Delegation and Entrustment of Authority)   print
(1) Part of the authority of the Minister of Land, Transport and Maritime Affairs under this Act may be delegated to the Mayor/ Do Governor or the heads of agencies under supervision of the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree, and the heads of agencies under the supervision of the Minister of Land, Transport and Maritime Affairs may again delegate part of their delegated authority, as prescribed by Presidential Decree.
(2) The Minister of Land, Transport and Maritime Affairs may entrust his/her business of certification or inspection which is prescribed in Articles 15, 15-2, 16, 17, 17-2, 17-3, 18 through 20, and 20-2 to a specialized inspection institution, as prescribed by Presidential Decree.
(3) The Minister of Land, Transport and Maritime Affairs may entrust his/her authority of approval for repair and modification of aircraft for use by a State agency, etc. among the powers of approval for repair and modification prescribed in Article 19 to the head of a central administrative agency concerned, as prescribed by Presidential Decree.
(4) The Minister of Land, Transport and Maritime Affairs may entrust his/her business prescribed in the proviso to Article 120 (2) (including cases where it is applicable mutatis mutandis under Articles 132 (3) and 134 (3)) and Article 134 (4) to the Association, as prescribed by Presidential Decree.
(5) The Minister of Land, Transport and Maritime Affairs may entrust his/her business falling under each of the following subparagraphs to the Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act (hereinafter referred to as the "Korea Transportation Safety Authority") or other agencies or organizations related to aviation, as prescribed by Presidential Decree:
1. The business concerning the examination for certification of qualification, the examination of limitation on certification of qualification, and the issuance of certificates of qualification under the provisions of Article 29;
2. The business concerning certification of instrument flight, certification of pilot training and the issuance of certificates involved under the provisions of Article 34;
3. The business concerning the issuance of certificates of proficiency of spoken English for aviation under the provisions of Article 34-2 (3);
4. The business concerning the receipt, analysis and dissemination of a voluntary report on aviation safety under the provisions of Article 49-4.
(6) The Minister of Land, Transport and Maritime Affairs may entrust his/her business falling under each of the following subparagraphs to an agency or organization specialized in aeronautic medical science, as prescribed by Presidential Decree:
1. The business concerning certification of a medical examination for aircrew under the provisions of Article 31;
2. The business concerning the education of specialized aviation doctors under the provisions of Article 31-2 (3).
(7) The Minister of Land, Transport and Maritime Affairs may entrust his/her business concerning conducting examination for certification of proficiency of spoken English for aviation under the provisions of Article 34-2 (2) to an agency or organization specialized in the appraisal of English proficiency, as prescribed by Presidential Decree.
(8) In applying the provisions of Articles 129 through 132 of the Criminal Act, the executives and employees of a specialized inspection institution, the Association, the Korea Transportation Safety Authority, or other specialized agency or organization, who are engaged in the business entrusted by the Minister of Land, Transport and Maritime Affairs under the provisions of paragraphs (2) and (4) through (7), shall be deemed public officials.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 154-2 (Hearings)   print
The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to take any of the following dispositions, hold a hearing: <Amended by Act No. 10162, Mar. 22, 2010>
1. Revocation of designation of a specialized educational institution under Article 29-3 (4);
2. Revocation of designation of a specialized aviation doctor under Article 31-3 (1);
3. Revocation of certification of qualification, etc. or certification of a medical examination for aircrew under Article 33 (1) or (2);
4. Revocation of certification of instrument flights or flight instruction pursuant to Article 33 (1), which shall apply mutatis mutandis under Article 34 (4);
5. Revocation of certification of proficiency of spoken English for aviation pursuant to Article 33 (1), which shall apply mutatis mutandis under Article 34-2 (6);
6. Revocation of accreditation of qualification under Article 51 (3);
7. Revocation of designation of a package and container inspection institution under Article 60 (5);
8. Revocation of designation of a specialized educational institution under Article 61 (5);
9. Revocation of permission for installing airfield facilities or navigation safety facilities under Article 81;
10. Revocation of permission, approval, or designation for execution and management of an airport development project under Article 110 (1);
11. Revocation of an airport operating certificate under Article 111-5 (1);
12. Revocation of certification of operation under Article 115-3 (1);
12-2. Revocation of registration of a business using aircraft under Article 115-3 (2);
13. Revocation of license for domestic air transportation business or international air transportation business under Article 129 (1);
14. Revocation of registration of small air transportation business pursuant to Article 129 (1), which shall apply mutatis mutandis under Article 132 (3);
15. Revocation of registration of business using aircraft pursuant to Article 129 (1), which shall apply mutatis mutandis under Article 134 (3);
16. Revocation of the maintenance organization certification under Article 138-2 (1);
17. Revocation of registration of a ground support service pursuant to Article 129 (1), which shall apply mutatis mutandis under Article 142 (1);
18. Revocation of registration of an aircraft maintenance service pursuant to Article 129 (1), which shall apply mutatis mutandis under Article 142 (2);
19. Closure of the business office of commercial document delivery business, general sales agency, or city airport terminal business pursuant to Article 129 (1), which shall apply mutatis mutandis under Article 142 (3);
20. Revocation of permission for foreign international air transportation business under Article 150 (1).
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 155 (Fees, etc.)   print
(1) Any person who falls under any of the following subparagraphs shall pay fees prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs:
1. A person who intends to obtain a license, permission, certification, authorization, approval or accreditation, to make a registration, or to receive an inspection (hereinafter referred to as "inspection, etc.") under this Act;
2. A person who intends to file a report under this Act;
3. A person who intends to make an application for issuance or re-issuance of a certificate, license or permit under this Act.
(2) If travel is required to conduct an inspection, etc. in the field, travel expenses shall be paid by the applicant. In such cases, the guidelines for such travel expenses shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
CHAPTER X PENAL PROVISIONS
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 Article 156 (Offense of Causing Danger in Aviation)   print
Any person who damages an airfield, airport facilities or navigation safety facilities or causes any danger in aviation in any other way shall be punished by imprisonment for a limited term of not less than two years.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 157 (Offense of Causing Danger in Flight)   print
(1) Any person who crashes, overturns or destroys an aircraft in flight shall be punished by the death penalty, or imprisonment for life or for not less than five years.
(2) Any person who crashes, overturns or destroys an aircraft in flight in committing the offense as prescribed in Article 156 shall be punished by the death penalty, or imprisonment for life or for not less than five years.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 158 (Crime against Death or Injury by Causing Danger to Aircraft in Flight)   print
Any person who causes death of or injury to another person by committing a crime prescribed in Article 157 shall be punished by the death penalty, or imprisonment for life or for not less than seven years.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 159 (Attempted Criminal)   print
Any person who attempts any such offense as prescribed in Article 156 or 157 (1) shall be punished.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 160 (Offense of Causing Danger by Negligence in Aviation)   print
(1) Any person who, by negligence, damages an aircraft, airfield, airport facilities or navigation safety facilities, or causes any danger in aviation in any other way, or crashes, overturns or destroys an aircraft in flight, shall be punished by imprisonment with or without prison labor for not more than one year, or by a fine not exceeding 20 million won.
(2) If a person commits an offense referred to in paragraph (1) by any malpractice or gross negligence, he/she shall be punished by imprisonment with or without prison labor for not more than three years, or by a fine not exceeding fifty million won.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 161 (Offense of Using Aircraft without Certification of Airworthiness)   print
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding fifty million won:
1. A person who uses an aircraft without obtaining certification of airworthiness or certification of conformity with noise standards, or who uses the aircraft which has failed to pass an inspection for such certification, for aviation in violation of Article 15 or 16;
2. A person who uses aircraft, etc., equipment or parts, which have failed to obtain approval for their repair or modification, for aviation or aircraft, etc. in violation of Article 19;
3. A person who uses technical-standard goods, which have failed to obtain approval of type, for aircraft, etc. in violation of Article 20 (2);
4. A person who manufactures equipment or parts without obtaining certification as a parts, etc. manufacturer in violation of Article 20-2 (1);
5. A person who uses equipment or parts which have failed to obtain certification as a parts, etc. manufacturer, for aircraft, etc. or equipment in violation of Article 20-2 (2);
6. A person who uses aircraft, etc., equipment or parts which have failed to obtain the validation that they conform to technical standards, for aviation in violation of Article 22.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 161-2 (Offense concerning Airport Operating Certificate)   print
Any person who operates an airport without obtaining an airport operating certificate in violation of Article 111-2 shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 162 (Offense of Non-Indication, etc.)   print
Any owner, etc. who uses an aircraft for aviation without any indication as prescribed in Article 39 or with any false indication shall be punished by imprisonment for not more than one year or by a fine not exceeding 20 million won.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 163 (Offense of Failure to Keep Crew, etc. on Board)   print
(1) Any owner, etc. who has allowed a person disqualified as an aircrew member to board on an aircraft to render air service, or fails to have a crew member who is liable to be on board the aircraft under this Act get on it, shall be punished by imprisonment for not more than one year or by a fine not exceeding 20 million won.
(2) Any person who violates the provisions of Article 40, 41, 43, 44, 59 (1) or 146 shall be punished by a fine not exceeding 20 million won.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 164 (Offense concerning Unqualified Air Service Renderers, etc.)   print
A person falling under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding ten million won:
1. A person who has rendered air services without obtaining certification of qualification therefor in violation of Article 25;
2. A person who has rendered air services as an aircrew member (including any person who practices flights) in violation of an order issued to suspend rendering his/her services provided for in Article 33 or in violation of the scope of the services as shown in the attached Table;
3. A person who has engaged in business falling under any subparagraph of Article 34-2 (1) without obtaining certification of proficiency of spoken English for aviation in violation of Article 34-2;
4. An aircrew member (including any person who practices flights) or a cabin crew member who drinks or consumes alcoholic beverages, etc. in violation of Article 47 (2);
5. A person who has refused to take the measurement that is required by the Minister of Land, Transport and Maritime Affairs in violation of Article 47 (3).
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 165 (Offense of Making Disqualified Instrument Flight, etc.)   print
Any person who violates the provisions of Article 34 (1) or (2), 45, 82 (1) (including cases where it is applicable mutatis mutandis under Article 111) or 85 (including cases where it is applicable mutatis mutandis under Article 111) shall be punished by a fine not exceeding 20 million won.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 165-2 (Offense of Operating in Reduced Vertical Separation Minimum Airspace, etc. without Approval)   print
Any owner, etc. who has had his/her aircraft operated in any reduced vertical separation minimum airspace, required performance-based navigation airspace or other airspace prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs without obtaining approval therefor from the Minister of Land, Transport and Maritime Affairs in violation of Article 69-3 shall be punished by a fine not exceeding ten million won.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 166 (Offense of Interference with Exercise of Passenger Rights by Plane Captain, etc.)   print
(1) Any plane captain or pilot who compels any person on board the aircraft render any un-obligatory service, or interferes with the exercise of right by such person, abusing his/her official authority, shall be punished by imprisonment for not less than one year but not more than ten years.
(2) Any plane captain or pilot who commits, by violence, an offense referred to in paragraph (1) shall be punished by imprisonment for a limited term of not less than three years.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 167 (Offense of Desertion of Aircraft by Plane Captain)   print
Any plane captain (including any person who acts for the plane captain) who deserts the aircraft in violation of Article 50 (4) shall be punished by imprisonment for not more than five years.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 168 (Offense of Violation of Plane Captain's Duty to Report)   print
A person falling under any of the following subparagraphs shall be punished by a fine not exceeding five million won:
1. A person who fails to make a report on an aircraft accident, aircraft incident or aviation safety hindrance in violation of Article 50 (5) or (6);
2. A person who files a false report on an aircraft accident, aircraft incident or aviation safety hindrance in violation of Article 50 (5) or (6);
3. A person who allows any aircraft to take off or alters any flight schedule without obtaining approval pursuant to the provisions of Article 52 (2).
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 169 (Offense Pertaining to Duties of Flight Crew, etc.)   print
(1) A flight crew member falling under any of the following subparagraphs shall be punished by a fine not exceeding five million won:
1. A person who violates the provisions of Article 38-2, 53 through 55, or 144 (1);
2. A person who fails to follow instructions under the provisions of Article 70;
3. A person who fails to follow a request for landing under the provisions of Article 144 (4).
(2) If any flight crew other than the plane captain commits any offense referred to in paragraph (1), the plane captain shall also be punished by a fine not exceeding five million won, in addition to the offender.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 170 (Offense of Illegal Use, etc. of Airfield)   print
A person falling under any of the following subparagraphs shall be punished by a fine not exceeding 20 million won:
1. A person who installs any airfield facilities without obtaining permission in violation of Article 75 (2);
2. A person who uses any airfield facilities without undergoing any inspection under the provisions of Article 77 (1);
3. A person who uses any airfield facilities permission from which has been revoked under the provisions of Article 81.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 171 (Offense of Installing of Navigation Safety Facilities without Permission)   print
Any person who installs navigation safety facilities without obtaining permission therefor in violation of Article 75 (2) shall be punished by a fine not exceeding ten million won.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 172 (Offense of Illegal Use, etc. of Ultra Light Flying Equipment)   print
(1) Any person who makes a flight using an ultra light flying equipment without filing a report thereon or a report on the alteration or transfer thereof in violation of Article 23 (1) or 23-2 shall be punished by imprisonment for not more than six months or by a fine not exceeding five million won.
(2) Any person who makes a flight using an ultra light flying equipment stipulated by Ordinance of the Ministry of Land, Transport and Maritime Affairs in an aerial zone published by the Minister of Land, Transport and Maritime Affairs wherein any flight by an ultra light flying equipment is limited, without obtaining approval therefor in violation of Article 23 (2), shall be punished by a fine not exceeding two million won.
(3) Any person who makes, without obtaining a confirmation to the effect that he/she meets the qualification criteria under Article 23 (3), a flight for profit-making by allowing others to ride on an ultra light flying equipment which has failed to obtain safety certification to the effect that it is compatible with the technological criteria for flight safety under paragraph (4) of the said Article, shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 172-2 (Offense of Illegal Use, etc. of Light Aircraft)   print
(1) Any person who makes a flight using a light aircraft without obtaining safety certification under Article 24 (2) or has such flight made shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won.
(2) Any person who uses a light aircraft for commercial purposes in violation of Article 24 (6) shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won.
(3) Any person who operates an aircraft in a prohibited airspace in violation of Article 38-2 (2) which applies mutatis mutandis under Article 24 (8) shall be punished by a fine not exceeding three million won.
(4) Any person who uses a light aircraft for aviation without indicating its registration or with such mark falsely indicated in violation of Article 39 (1) which applies mutatis mutandis under Article 24 (8), or the owner of such light aircraft, shall be punished by imprisonment for not more than six months or by a fine not exceeding five million won.
(5) Any person who makes a flight using a light aircraft without obtaining certification of qualification for the pilot of the light aircraft pursuant to Article 26 in violation of Article 25 (1) shall be punished by imprisonment for not more than six months or by a fine not exceeding five million won.
(6) Any person who uses a light aircraft for aviation without the radio equipment installed or operated pursuant to Article 40-2, or the owner of such light aircraft, shall be punished by a fine not exceeding five million won.
[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]
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 Article 173 (Offense of Violation of Order, etc.)   print
A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won:
1. A person who interferes with or refuses any act of the project operator as prescribed in Article 97 (1) without any justifiable reason;
2. A person who violates any order or disposition of the Minister of Land, Transport and Maritime Affairs under the provisions of Article 110 (1).
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 174 (Offense regarding Activities of Air Transportation Business Operator, etc.)   print
(1) Any person who runs an air transportation business or business using aircraft without any license, permission or registration prescribed in Article 112, 132 (1), 134 (1) or 147 (1) shall be punished by imprisonment for not more than three years or by a fine not exceeding one hundred million won.
(2) Any person who carries on a ground support service, aircraft maintenance service, general sales agency, commercial document delivery business or city air terminal business without making any registration or report under Article 137, 137-2 or 139 shall be punished by imprisonment for not more than one year or by a fine not exceeding 30 million won.
(3) Any air transportation business operator, aircraft-using business operator, ground support service provider, or aircraft maintenance service provider who violates the prohibition of lending a license, etc. under the provisions of Article 123 (including cases where it is applicable mutatis mutandis under Article 132 (3), 134 (3) or 142 (1) or (2)) shall be punished by imprisonment for not more than one year or by a fine not exceeding 30 million won.
(4) Any foreign international air transportation business operator who violates any restriction on the frequency of operation or the type of aircraft as prescribed in the latter part of Article 147 (1) shall be punished by a fine not exceeding 30 million won.
(5) Any person who conducts a commercial transport as prescribed in Article 148 without obtaining permission as prescribed in the same Article, or any person who conducts an onerous transport in violation of Article 149, shall be punished by a fine not exceeding 30 million won.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 175 (Offense regarding Certification of Operation, etc. for Air Transportation Business Operator)   print
A person falling under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 10162, Mar. 22, 2010>
1. A domestic air transportation business operator, international air transportation business operator or small air transportation business operator who has begun an operation without obtaining certification of operation under Article 115-2 (1) (including cases where it is applicable mutatis mutandis under Article 132 (3));
2. A person who has maintained aircraft, etc., equipment or parts without obtaining the maintenance organization certification in violation of Article 138.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 176 (Offense regarding Activities, etc. of Foreign International Air Transportation Business Operator)   print
If a foreign international air transportation business operator falls under any of the following subparagraphs, he/she shall be punished by a fine not exceeding ten million won:
1. Where he/she operates an aircraft without carrying the documents under subparagraphs of Article 147-2 (1), in violation of the said provision;
2. Where he/she violates an order issued pursuant to Article 150 to suspend the business;
3. Where he/she receives a fare or rate without obtaining authorization or making a report pursuant to Article 117 (1), which shall apply mutatis mutandis under Article 152;
4. Where he/she revises a business plan without obtaining authorization or making a report pursuant to Article 120 (2), which shall apply mutatis mutandis under Article 152;
5. Where he/she performs a transportation agreement or an alliance agreement, the conclusion or alteration of which has failed to be authorized in violation of Article 121, which shall apply mutatis mutandis under Article 152, or fails to file a report on the alteration of such agreement;
6. Where he/she fails to perform an order issued pursuant to Article 122, which shall apply mutatis mutandis under Article 152, to improve his/her business.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 177 (Offense regarding Activities of Air Transportation Business Operator, etc.)   print
(1) If a domestic air transportation business operator, international air transportation business operator, small air transportation business operator or aircraft-using business operator falls under any of the following subparagraphs, he/she shall be punished by a fine not exceeding ten million won:
1. Where he/she operates or maintains an aircraft without observing the flight manual or the maintenance control manual as prescribed in Article 116 (including cases where it is applicable mutatis mutandis under Article 132 (4) or 134 (3));
2. Where he/she receives a fare or rate without obtaining authorization or making a report under the provisions of Article 117;
3. Where he/she violates the provisions of Article 120 (1), or determines or alters a business plan without obtaining authorization as prescribed in paragraph (2) of the same Article (including cases where it is applicable mutatis mutandis under Article 132 (3) or 134 (3));
4. Where he/she performs a transportation agreement or an alliance agreement the conclusion or alteration of which has failed to be authorized in violation of Article 121 (including cases where it is applicable mutatis mutandis under Article 132 (3)), or fails to file a report on the alteration of such agreement;
5. Where he/she violates an order to improve the business as prescribed in Article 122 (including cases where it is applicable mutatis mutandis under Article 132 (3) or 134 (3));
6. Where he/she suspends or discontinues the business or air route in violation of Article 127 (including cases where it is applicable mutatis mutandis under Article 132 (3)) or 128;
7. Where he/she violates an order to suspend the business as prescribed in Article 129 (including cases where it is applicable mutatis mutandis under Article 132 (3) or 134 (3));
8. Where he/she operates a twin-engine aircraft without obtaining approval therefor in violation of Article 69-2.
(2) If a ground support service provider or an aircraft maintenance service provider violates an order issued pursuant to Article 122, which shall apply mutatis mutandis under Article 142 (1) or (2), he/she shall be punished by a fine not exceeding ten million won.
(3) If a general sales agent, a commercial document delivery business operator or a city air terminal business operator violates the provisions of subparagraph 1 of Article 122 which shall apply mutatis mutandis under Article 142 (3), he/she shall be punished by a fine not exceeding ten million won.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 178 (Offense of Refusing Inspection, etc.)   print
Any person who refuses, interferes with, or evades the inspection or entry as prescribed in Article 80 (2) and (3), 111-4 (1), or 153 (2) through (4) shall be punished by a fine not exceeding five million won.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 178-2 Deleted.<by Act No. 7691, Nov. 8, 2005>   print
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 Article 179 (Joint Penal Provisions)   print
If a representative of a legal entity or an agent, employee or other employed person of a legal entity or individual violates any of Articles 162, 163, 165, 170 through 172, 172-2, and 173 through 178 in connection with activities of the legal entity or individual, the fine as prescribed in each of such Articles shall also be imposed on the legal entity or individual in addition to the punishment of the offender: Provided, That this shall not apply in cases where the legal entity or individual fails to neglect to supervise the business concerned with due care to prevent such violation.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 180 Deleted.<by Act No. 5794, Feb. 5, 1999>   print
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 Article 181 (Special Cases in Application of Penal Provisions)   print
In application of the penal provisions of Articles 174 (excluding paragraphs (1) and (3) thereof) through 178, the public action may be instituted only upon an accusation of the Minister of Land, Transport and Maritime Affairs with respect to any act on which a penalty surcharge may be imposed pursuant to Article 115-4 or 131 (including cases where it is applicable mutatis mutandis under Articles 132 (3), 134 (3), 142, or 150 (2)), and no fine for negligence may be imposed on any act on which the penalty surcharge has already been imposed.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 182 (Fines for Negligence)   print
A person who falls under any of the following subparagraphs shall be subject to a fine for negligence not exceeding five million won:
1. A person who makes a flight without obtaining safety certification to the effect that he/she is compatible with the technological criteria for flight safety of an ultra light flying equipment, in violation of Article 23 (4);
2. A person who makes a flight using an ultra light flying equipment without taking out an insurance policy, in violation of Article 23 (5);
3. A person who makes a flight using a light aircraft without taking out an insurance policy, in violation of Article 24 (4);
4. A person, other than an air transportation business operator, who has an aircraft operated without employing a flight dispatcher, in violation of Article 52 (1);
5. A person, other than an air transportation business operator, who has a flight dispatcher conduct his/her duties without completing necessary education and training for performing such duties, in violation of Article 52 (3);
6. A person who handles dangerous goods without complying with the procedures and methods for the handling of dangerous goods under the provisions of Article 59 (2);
7. A person who sells any package or container which has failed to undergo inspection under the provisions of Article 60 (1);
8. A person who handles dangerous goods without completing education required for the handling of dangerous goods, in violation of Article 61 (1);
9. A person who fails to file a report on a rent for any airfield or navigation safety facilities under the provisions of Article 86 (3), or who collects rent different from reported one;
10. A person who fails to obey an order of the person who manages airport facilities pursuant to the provisions of Article 106-2 (2);
11. An airport operator who alters the airport operation rules without obtaining authorization, in violation of the main sentence of Article 111-3 (1);
12. An airport operator who fails to alter the airport operation rules, in violation of Article 111-3 (2);
13. An airport operator who fails to continuously maintain a safe airport operation system pursuant to the criteria for safe operation of airport and the airport operation rules, in violation of Article 111-4 (1);
14. A person who fails to keep a fare list, etc. as prescribed in Article 119 (including cases where it is applicable mutatis mutandis under Article 132 (3) or 142), or who keeps a fare list, etc. stating false matters;
15. A person who discontinues the business or air route without obtaining approval for the discontinuance thereof as prescribed in the main sentence of Article 128 (1) (including cases where it is applicable mutatis mutandis under Article 132 (3), 134 (3) or 142), or who fails to make a report as prescribed in Article 127 (1) (proviso) and (2) which is applicable mutatis mutandis under Article 142 or makes a false report;
16. A person who fails to make a report, etc. as prescribed in Article 153 (1), or makes a false report, etc.;
17. A person who produces a false statement in response to a question as prescribed in Article 153 (2) or (4);
18. A person who fails to comply with an order for the suspension of operation or service as prescribed in Article 153 (9).
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
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 Article 182-2 (Fines for Negligence)   print
A person who falls under any of the following subparagraphs shall be subject to a fine for negligence not exceeding three million won:
1. A person who makes a flight using an ultra light flying equipment without obtaining a confirmation to the effect that it is compatible with the qualification criteria, in violation of Article 23 (3);
2. A person who makes a flight using a light aircraft without obtaining approval therefor under Article 24 (1);
3. A person who uses a light aircraft for aviation without obtaining the validation of the maintenance thereof under Article 24 (3);
4. A person who makes a flight using a light aircraft without complying with the matters to be observed under Article 24 (5).
[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]
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 Article 183 (Fines for Negligence)   print
A person who falls under any of the following subparagraphs shall be subject to a fine for negligence not exceeding two million won:
1. A person who fails to file an application for the registration of modification or cancellation, in violation of Article 10 or 12 (1);
2. A person who uses an aircraft without attaching the registration symbol mark, in violation of Article 14 (1);
3. A person who fails to obtain approval for airworthiness under the provisions of Article 18;
4. A person who fails to file a report on an ultra light flying equipment under the provisions of Article 23 (1);
5. A person who makes a flight using an ultra light flying equipment without complying with the matters to be observed in operating such equipment under the provisions of Article 23 (8);
6. A person, other than an aircrew member, who causes a minor aviation safety hindrance under Article 49-4 (1) deliberately or by gross negligence;
7. A person who fails to comply with an instruction given by the Minister of Land, Transport and Maritime Affairs for safety in air traffic, in violation of Article 70 (5);
8. A person who fails to install or manage beacon lights and beacons under the provisions of Article 83 (1), (4) and (5) (including cases where it is applicable mutatis mutandis under Article 111);
9. A person who violates an order issued under the provisions of Article 84 (2) (including cases where it is applicable mutatis mutandis under Article 111);
10. An airport operator who alters the airport operation rules without filing a report, in violation of the proviso to Article 111-3 (1);
11. A cabin crew member who fails to observe the flight manual concerning emergency escape or other safety, in violation of Article 116 (3) (including cases where it is applicable mutatis mutandis under Article 132 (3));
12. A person who performs a job related to transportation of passengers or cargo but fails to observe the flight manual concerning safety in controlling the load of cargo and luggages in an aircraft or controlling the weight or balance of an aircraft, in violation of Article 116 (3) (including cases where it is applicable mutatis mutandis under Article 132 (3)).
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
law view
 Article 183-2 (Fines for Negligence)   print
A person who falls under any of the following subparagraphs shall be subject to a fine for negligence not exceeding one million won:
1. A person who fails to attach a filing number under Article 23 (1) or indicates such number falsely;
2. A person who makes a flight using an ultra light flying equipment without installing or carrying the equipment prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs under Article 23 (9);
3. A person who makes a flight using an aircraft without attaching a registration symbol mark pursuant to Article 14 which applies mutatis mutandis under Article 24 (8).
[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]
law view
 Article 183-3 (Fines for Negligence)   print
Any person who fails to file an application for the registration of modification or cancellation pursuant to Article 10 or 12 which applies mutatis mutandis under Article 24 (8) shall be subject to a fine for negligence not exceeding five hundred thousand won.
[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]
law view
 Article 183-4 (Fines for Negligence)   print
Any person who fails to make a report on the modification or cancellation of registration with respect to an ultra light flying equipment or on the transfer thereof under Article 23-2 shall be subject to a fine for negligence not exceeding three hundred thousand won.
[This Article Newly Inserted by Act No. 9780, Jun. 9, 2009]
law view
 Article 184 (Procedures for Imposition and Collection of Fines for Negligence)   print
Fines for negligence prescribed in Articles 182, 182-2, 183, and 183-2 through 183-4 shall be imposed and collected by the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9780, Jun. 9, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1992.
Article 2 (Transitional Measures)
(1) Any person who has been licensed for a business using aircraft pursuant to the previous provisions at the time this Act enters into force shall be deemed to have registered the business using aircraft under the amended provisions of Article 134, and a person who has been licensed for an air transport brokerage business shall be deemed to have registered the air transport brokerage business under the amended provisions of Article 139 (1).
(2) The skill certification which is issued to any aircrew member pursuant to the previous provisions at the time this Act enters into force shall be deemed such certification of qualification as issued under the amended provisions of Article 25.
(3) The fare and rate of a passenger or freight on the domestic air route authorized pursuant to the previous provisions at the time this Act enters into force shall be deemed such fare and rate as reported under the amended provisions of Article 117 (2).
(4) The fare and rate of the irregular air transportation business authorized pursuant to the previous provisions at the time this Act enters into force shall be deemed such fare and rate as reported under the amended provisions of Article 133.
(5) Any administrative measures, such as license, approval, permission, report, and authorization, taken pursuant to the previous provisions at the time this Act enters into force shall be deemed to have been taken under this Act.
Article 3 Omitted.
ADDENDA<Act No. 4533, Dec. 8, 1992>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA<Act No. 4647, Dec. 27, 1993>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Commercial Document Delivery Businesses) Any person who has a commercial document delivery business registered pursuant to the previous provisions at the time this Act enters into force shall be deemed a person who reports a commercial document delivery business according to the amended provisions of Article 139.
ADDENDA<Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA<Act No. 5794, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 132 shall enter into force on January 1, 2001.
Article 2 (Transitional Measures concerning Conversion of Licensing System to Registration System)
In cases where a license, permission, authorization or registration is obtained subject to the previous provisions at the time this Act enters into force and where the enforcement of this Act converts the licensing system into the registration system or converts the licensing, authorization or registration system into the reporting system, a registration or a report which is required by the new system subject to the amended provisions of this Act shall be deemed to be made.
Article 3 (Transitional Measures concerning Cockpit Crew's Medical Examination Certification)
In cases where a cockpit crew's medical examination certification is obtained subject to the previous provisions at the time this Act enters into force, a cockpit crew's medical examination certification subject to the amended provisions of Article 31 shall be deemed to have been obtained.
Article 4 (Transitional Measures concerning Instrument Flight Certification)
In cases where a qualification certification for an airline transport pilot of a rotorcraft is obtained subject to the previous provisions at the time this Act enters into force, an instrument flight certification subject to the amended provisions of Article 34 (1) shall be deemed to have been obtained.
Article 5 (Transitional Measures concerning Work Scope of Aircrew)
In cases where a qualification certification for a commercial pilot is obtained subject to the previous provisions at the time this Act enters into force, the commercial pilot, notwithstanding the amended provisions of the attached Table, may perform the activities defined in subparagraph 4 of the former attached Table.
Article 6 (Transitional Measures concerning Penalties and Fines for Negligence)
The penalties and fines for negligence with respect to any acts committed prior to this Act entering into force shall be determined by an application of the previous provisions.
Article 7 Omitted.
ADDENDA<Act No. 5893, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 5911, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA<Act No. 5914, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 5963, Apr. 15, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 59 (1), 72, subparagraph 3 of Article 81, subparagraph 2 of Article 168, and Article 169 (1) 1 shall enter into force on August 6, 1999.
(2) (Transitional Measures concerning Penalties, etc.) The application of the penalties and fines for negligence to any acts performed prior to this Act entering into force shall be dealt with according to the previous provisions.
ADDENDA<Act No. 6095, Dec. 31, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2001.
Articles 2 through 10 Omitted.
ADDENDA<Act No. 6263, Feb. 3, 2000>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures concerning Penalty Surcharges) The imposition and collection of penalty surcharges against any acts performed prior to this Act entering into force shall be dealt with according to the previous provisions.
ADDENDA<Act No. 6467, Apr. 7, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 6513, Sep. 12, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 152-2 through 152-17, 175, 178-2 and 182 shall enter into force two months after the date of its promulgation.
Article 2 (Transitional Measures concerning Pilots' Operational Qualifications)
A person engaged as a pilot of an aircraft used for air transportation business at the time this Act enters into force shall be deemed to have obtained an accreditation under the amended provisions of Article 51.
Article 3 (Transitional Measures concerning Certification of Operation for Air Transportation Business and Approval for Maintenance Organization)
An air transportation business operator at the time this Act enters into force shall obtain certification of operation for air transportation business and approval for maintenance organization under the amended provisions of Articles 115-2 and 115-3 within two months from the date when this Act enters into force.
Article 4 (Transitional Measures concerning Penal Provisions)
In applying the penal provisions to any acts committed before the date when this Act enters into force, the previous provisions shall govern.
Article 5 (Transitional Measures concerning Accident Investigations, etc.)
With regard to the matters for which an accident investigation is in progress under the previous provisions at the time this Act enters into force, the previous provisions shall govern.
ADDENDA<Act No. 6655, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 25 Omitted.
ADDENDA<Act No. 6656, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 12 Omitted.
ADDENDA<Act No. 6734, Aug. 26, 2002>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
(2) and (3) Omitted.
ADDENDA<Act No. 6841, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA<Act No. 6944, Jul. 25, 2003>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 23 (2) through (7), 172 and subparagraphs 1 through 1-3 of Article 182 shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Airport Operating Certificate) An airport operator who is operating an airport at the time this Act enters into force shall obtain an airport operating certificate under the amended provisions of Article 111-2 within one month from the date when this Act enters into force.
ADDENDA<Act No. 7024, Dec. 30, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Certification of Manufacture)
Any person who obtains certification of quality warranty system under the previous provisions at the time this Act enters into force shall be deemed to have obtained certification of manufacture pursuant to the amended provisions of Article 17-3.
Article 3 (Transitional Measures concerning Approval for Repair and Modification)
Any aircraft, etc. that pass the repair and modification test under the previous provisions at the time this Act enters into force shall be deemed to have obtained approval for repair and modification pursuant to the amended provisions of Article 19.
Article 4 (Transitional Measures concerning Approval of Type for Technical-Standard Goods)
(1) Technical-standard goods granted spare parts certificate under the previous provisions at the time this Act enters into force shall be deemed to have been granted approval of type pursuant to the amended provisions of Article 20.
(2) The technical-standard goods installed in the aircraft, etc. that are granted certification of type pursuant to the previous provisions of Article 17 or approval for certification of type pursuant to the previous provisions of Article 17-2 at the time this Act enters into force shall be deemed to have been granted approval of type pursuant to the amended provisions of Article 20.
Article 5 (Transitional Measures concerning Designation of Specialized Educational Institution)
Any specialized educational institution designated by the Minister of Construction and Transportation at the time this Act enters into force shall be deemed to have been designated pursuant to the amended provisions of Article 29-3.
Article 6 (Transitional Measures concerning Maintenance Organization Certification)
(1) Any person who maintains aircraft after having his/her aircraft handling business registered pursuant to the previous provisions at the time this Act enters into force shall obtain a maintenance organization certification provided for in the amended provisions of Article 138 (1) within 3 months from the date this Act enters into force.
(2) Any air transportation business operator who obtains the maintenance organization certification pursuant to the previous provisions at the time this Act enters into force shall be deemed to have obtained a maintenance organization certification provided for in the amended provisions of Article 138 (2).
ADDENDA<Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 7678, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA<Act No. 7691, Nov. 8, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force eight months after the date of its promulgation: Provided, That the amended provisions of Article 153 (6) through (9) shall take effect immediately after the promulgation thereof, and the amended provisions of Article 2-4 on January 1, 2008.
Article 2 (Applicability to Certification of Airworthiness of Aircraft for Use by State Agency, etc.)
The provisions of Article 15 applicable to the aircraft for use by a State agency, etc. pursuant to the amended provisions of Article 2-4 shall apply commencing from January 1, 2010, notwithstanding the proviso to Article 1 of the Addenda.
Article 3 (Transitional Measures concerning Aircrew Engaged in Business of Operating Aircraft for Use by State Agency, etc.)
(1) Any aircrew who are engaged in the business of operating or maintaining the aircraft for use by a State agency, etc. as of January 1, 2008 shall be subject to the limitation on certification of qualification under Article 28 by not later than December 31, 2008.
(2) Any aircrew who are subject to the limitation on certification of qualification under paragraph (1) shall be exempted from the examination or test referred to in Article 29 (2).
Article 4 (Transitional Measures concerning Certification of Aircrew's Medical Examination)
Any person who has obtained a certification of aircrew's medical examination pursuant to the previous provisons at the time this Act enters into force shall be deemed to have obtained a certification of a medical examination for aircrew under the amended provisions of Article 31.
Article 5 (Transitional Measures concerning Specialized Doctors for Aircrew Medical Examination)
Any person who is designated as a specialized doctor for aircrew medical examination pursuant to the previous provisions at the time this Act enters into force shall be deemed to have been designated as a specialized aviation doctor under the amended provisions of Article 31-2.
Article 6 (Transitional Measures concerning Certification of Proficiency of Spoken English for Aviation)
(1) Any person who meets the requirements set by Ordinance of the Ministry of Construction and Transportation at the time this Act enters into force shall be deemed to have passed the examination for certification of proficiency of spoken English for aviation under the amended provisions of Article 34-2.
(2) Any person who obtains certification of qualification under subparagraphs 1 through 3 and 6 of Article 26 or meets the qualification necessary for engaging in the business stipulated in the amended provisions of Article 34-2 (1) 3 pursuant to the National Technical Qualifications Act and other related Acts and subordinate statutes, at the time this Act enters into force, shall be entitled to engage in the business falling under any subparagraph of Article 34-2 (1) until March 4, 2008, even without certification of proficiency of spoken English for aviation.
Article 7 (Transitional Measures concerning Establishment and Implementation of Safety Management Plan for Air Traffic Business)
The Minister of Construction and Transportation shall establish the safety management plan for air traffic business under the amended provisions of Article 70-2 within two years after this Act enters into force.
Article 8 (Transitional Measures concerning Permission for Installation of Airfields, etc. for Take-Off and Landing of Aircraft for Use by State Agency, etc.)
The airfield and navigation safety facilities installed for take-off and landing of aircraft for use by a State agency, etc. as of January 1, 2008 shall be deemed to have been installed with permission referred to in Article 75 (2) as of January 1, 2008.
Article 9 (Transitional Measures concerning Penalties, etc.)
In applying the penalties and fines for negligence to any acts committed before this Act enters into force, the previous provisions shall govern.
Article 10 Omitted.
ADDENDA<Act No. 7715, Dec. 7, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 7773, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Article 2 Omitted.
ADDENDA<Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 8014, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA<Act No. 8128, Dec. 28, 2006>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Submission of Assistance Plans for Air Accidents by Existing Air Transportation Business Operators) Every regular air transportation business operator, irregular air transportation business operator and foreign international air transportation business operator at the time this Act enters into force shall submit the assistance plans for air accidents pursuant to the amended provisions of Article 49-2, 132 (4) or 152 to the Minister of Construction and Transportation within six months from the date this Act enters into force.
ADDENDA<Act No. 8338, Apr. 6, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 17 Omitted.
ADDENDA<Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA<Act No. 8370, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA<Act No. 8733, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA<Act No. 8787, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 150 (1) 18 shall enter into force on the date of its promulgation.
Article 2 (Applicability to Partial Exemption from Inspection for Certification of Airworthiness)
The amended provisions of Article 15 (5) 5 shall apply to those with approval granted by a foreign government on airworthiness for exportation after this Act enters into force.
Article 3 (Applicability to Validation of Maintenance or Similar Works for Equipment or Parts)
The amended provisions of Article 22 shall apply to those used for aviation after this Act enters into force.
Article 4 (Applicability to Administrative Disposition against Those who Cause Aviation Safety Hindrance Deliberately or by Gross Negligence)
The amended provisions of Articles 33 (1) 20 and 50-2 (4) shall apply to those who cause any aviation safety hindrance deliberately or by gross negligence after this Act enters into force.
Article 5 (Applicability to Certification of Proficiency of Spoken English for Aviation)
The amended provisions of Article 34-2 (5) shall apply to certification of proficiency of spoken English for aviation issued by a foreign government on or after July 9, 2006.
Article 6 (Applicability to Revocation of Designation of Package and Container Inspection Institutions, etc.)
The amended provisions of the proviso to and subparagraph 1 of Article 60 (5) and the proviso to and subparagraph 1 of Article 61 (5) shall apply to those that obtain designation in any false or other unjust manner after this Act enters into force.
Article 7 (Applicability to Revocation of Permission for Airport Development Projects)
The amended provisions of the proviso to Article 110 (1) shall apply to those that fall under such provisions after this Act enters into force.
Article 8 (Applicability to Revocation of Certification of Operation)
The amended provisions of Articles 115-3, 115-4, 129 (1), and 131 (1), subparagraph 11 of Article 154-2, and Article 181 shall apply to offenses committed after this Act enters into force.
Article 9 (Transitional Measures concerning Basic Plan for Aviation Policy)
The first basic plan for aviation policy after this Act enters into force shall be established by December 31, 2009, notwithstanding the amended provisions of Article 2-5 and Article 1 of the Addenda.
Article 10 (Transitional Measures concerning Aviation Safety Program, etc.)
(1) The Minister of Land, Transport and Maritime Affairs shall establish and publish an aviation safety program under the amended provisions of Article 49 (1) by no later than three months before this Act enters into force. <Amended by Act No. 8852, Feb. 29, 2008>
(2) A person who falls under any subparagraph of Article 49 (2) shall, if he/she has already commenced a business at the time this Act enters into force (including those who commence the business within six months from the date when this Act enters into force), establish an aviation safety management system under the amended provisions of Article 49 (2) and file an application for approval thereof with the Minister of Land, Transport and Maritime Affairs within six months from the date when this Act enters into force, notwithstanding the previous provisions of Article 49 (2). <Amended by Act No. 8852, Feb. 29, 2008>
Article 11 (Transitional Measures concerning Aircraft Maintenance Service)
It shall be deemed that a person who registered an aircraft maintenance service, which was classified as a kind of ground support service under the previous provisions, before this Act enters into force has completed the registration of the aircraft maintenance service under the amended provisions of Article 137-2.
Article 12 (Transitional Measures concerning Penalties, etc.)
Offenses committed before this Act enters into force shall be governed by the previous provisions in applying penalties or fines for negligence thereto.
Article 13 Omitted.
ADDENDA<Act No. 8819, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA<Act No. 8820, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA<Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA<Act No. 9071, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA<Act No. 9313, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA<Act No. 9780, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 23 (9) shall take effect three years after the date of its promulgation, and the amended provisions of Articles 45, 51 (1) and 52 on November 18, 2010.
Article 2 (Transitional Measures concerning Ultra Light Flying Equipment)
Where any ultra light flying equipment that is reported as such pursuant to the previous provisions at the time this Act enters into force is classified as a light aircraft in accordance with the amended provisions of subparagraph 26 of Article 2, such light aircraft may be operated as a kind of ultra light flying equipment pursuant to the previous provisions until three years elapse after this Act enters into force.
Article 3 (Transitional Measures concerning Certification of Qualification for Flight Operation of Ultra Light Flying Equipment)
Any person who has obtained a certification of qualification for the operation of ultra light flying equipment pursuant to the previous provisions of Article 23 (3) at the time this Act enters into force shall be deemed to have obtained a certification of qualification for a pilot of light aircraft in accordance with the amended provisions of subparagraph 5 of Article 26, and any person who has been registered as the instructor operator of ultra light flying equipment with the Korea Transportation Safety Authority shall be deemed to have obtained a certification of flight instruction pursuant to the amended provisions of Article 34 (2) which shall apply mutatis mutandis under the amended provisions of Article 24 (8).
Article 4 (Transitional Measures concerning Certification of Qualification for Aircraft Shop Mechanics)
(1) Any person who has obtained a certification of qualification for an aircraft shop mechanic pursuant to the previous provisions at the time this Act enters into force shall be deemed to have obtained a certification of qualification for an aircraft mechanic under the amended provisions of subparagraph 9 of Article 26.
(2) Any person who has passed the examination on academic subjects or practical test for certification of qualification for aircraft shop mechanics pursuant to the previous provisions at the time this Act enters into force shall be deemed to have passed the examination on academic subjects or practical test for certification of qualification for aircraft mechanics under the amended provisions of subparagraph 9 of Article 26.
Article 5 (Transitional Measures concerning Regular Air Transportation Business Operators)
Any person who has obtained a license by route for regular air transportation business pursuant to the previous provisions of Article 112 (1) and effected a registration for irregular air transportation business pursuant to the previous provisions of Article 132 at the time this Act enters into force shall be deemed to have obtained a license for a domestic air transportation business and an international air transportation business under the amended provisions of Article 112 (1), permission by route under the amended provisions of paragraph (2) of the said Article, and permission for irregular flights under the amended provisions of paragraph (4) of the said Article.
Article 6 (Transitional Measures concerning Irregular Air Transportation Business Operators)
(1) Among those who have effected registration for irregular air transportation business pursuant to the previous provisions at the time this Act enters into force, any person who holds both a capital of not less than five billion won and an airplane and a rotorcraft, each of which has a seating capacity of not less than 20 passengers, shall be deemed to have obtained a license for a domestic air transportation business under the amended provisions of Article 112 (1).
(2) Among those who have effected registration for irregular air transportation business pursuant to the previous provisions at the time this Act enters into force, any person who holds an airplane and a rotorcraft, each of which has a seating capacity of less than 20 passengers, shall be deemed to have made a registration for a small air transportation business under the amended provisions of Article 132.
(3) Where any person who has effected a registration for irregular air transportation business pursuant to the previous provisions at the time this Act enters into force carries on the business of operating aircraft on a fixed route between one spot and another, the route shall be deemed to be permitted under the amended provisions of Article 112 (2).
Article 7 (Transitional Measures concerning Certification of Operation for Air Transportation Business)
Any certification of operation which has been obtained by any regular air transportation business operator or irregular air transportation business operator pursuant to the previous provisions at the time this Act enters into force shall be deemed to have been granted for a domestic air transportation business, international air transportation business or small air transportation business under the amended provisions of Articles 115-2 and 132 (3).
Article 8 (Transitional Measures concerning Traffic Rights)
Any traffic rights allocated by the Minister of Land, Transport and Maritime Affairs to air transportation business operators at the time this Act enters into force shall be deemed to have been allocated under the amended provisions of Article 118.
Article 9 (Transitional Measures concerning Rights to Passage through Foreign Airspaces)
Any rights to passage through foreign airspace used by air transportation business operators at the time this Act enters into force shall be deemed to have been allocated under the amended provisions of Article 118-2.
Article 10 (Transitional Measures concerning Penalties and Fines for Negligence)
Offenses committed before the enforcement of this Act shall be governed by the previous provisions in applying penalties and fines for negligence thereto.
Article 11 Omitted.
Article 12 (Relationship to other Acts and Subordinate Statutes)
At the time when this Act enters into force, references in other Acts and subordinate statutes to the provisions of the former Aviation Act, if this Act includes any provisions corresponding thereto, shall be deemed references to the corresponding provisions of this Act in lieu of the previous provisions.
ADDENDA<Act No. 10161, Mar. 22, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA<Act No. 10162, Mar. 22, 2010>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 29-3 and the proviso to Article 127 (3) shall take effect on the date of its promulgation.
(2) (Special Cases concerning Period of Temporary Closure) The amended provisions of the proviso to Article 127 (3) shall be only applicable to applications for temporary closure of air routes which are filed not later than September 30, 2010.
(3) (Transitional Measures concerning Penalty Surcharges, Penalties and Fines for Negligence) Offenses committed before this Act enters into force shall be governed by the previous provisions in applying penalty surcharges, penalties and fines for negligence thereto.
ADDENDA<Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA<Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.