Enforcement Decree Of The Aviation Act


Published: 2010-11-15

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 Article 1 (Purpose)   print
The purpose of this Decree is to prescribe matters delegated by the Aviation Act and other matters necessary for the enforcement thereof.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Articles 2 through 8 Deleted.<by Presidential Decree No. 16511, Aug. 6, 1999>   print
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 Article 9 (Scope of Aircraft)   print
"Other apparatus to be used for aviation that are prescribed by Presidential Decree" under subparagraph 1 of Article 2 of the Aviation Act (hereinafter referred to as the "Act") means the following:
1. Engine flying devices which exceed the range determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs with respect to the maximum take-off weight, speed, number of seats, etc.;
2. Air spacecraft which has the ability to fly in and out of the earth's atmosphere.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 9-2 (Scope of Public Agencies)   print
"Any such public agency as determined by Presidential Decree" under subparagraph 2 of Article 2 of the Act means the Korea National Park Service under Article 44 of the Natural Parks Act.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 9-3 (Classification of Airfields)   print
"Airfields determined by Presidential Decree" under subparagraph 6 of Article 2 of the Act means the following:
1. Land airfields;
2. Land heliports;
3. Water airfields;
4. Water heliports;
5. Rooftop heliports (including ship heliports);
6. Sea-floating heliports.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 10 (Classification of Airport Facilities)   print
"Failities which are prescribed by Presidential Decree" under subparagraph 8 of Article 2 of the Act means the following basic and support facilities:
1. Basic facilities prescribed as follows:
(a) Aircraft take-off and landing system, such as runway, taxiway, apron and landing zone;
(b) Passenger service facilities and cargo disposal facilities, such as passenger terminal and cargo terminal;
(c) Navigation safety facilities;
(d) Communication facilities, such as control office, transmitting and receiving stations and communication stations;
(e) Meteorological observation facilities;
(f) Parking facilities for airport users, and guard and security facilities;
(g) Public relations and information facilities for airport users;
2. Support facilities prescribed as follows:
(a) Facilities for checking, maintaining, etc. aircraft and ground operation equipment;
(b) Facilities for aviation management, medical care, education, training and fire-fighting, and facilities for manufacturing, supplying, etc. in-flight meals;
(c) Airport operation and management facilities for operating, maintaining and repairing airports;
(d) Accommodation facilities for airport users and welfare facilities for airport employees;
(e) Office, lodging, sale, recreation, sports, exhibition, entertainment and assembly facilities for airport users;
(f) Airport traffic facilities, and environment protection facilities, such as landscape gardening facilities, soundproof walls and pollutant discharge prevention facilities;
(g) Water supply and sewerage systems, and electricity, communications, air conditioning and heating facilities;
(h) Aircraft oil supply facilities and oil storage and management facilities;
(i) Warehouse facilities for storage of air cargo;
(j) Facilities annexed to structures, which are required to operate and administer airports and carry on air transportation business and other related business (hereinafter referred to as "air transportation business, etc");
3. City air terminal;
4. Passenger service facilities, cargo disposal facilities and aviation support facilities located in heliports;
5. Facilities to be installed in free trade zones which are located in airport areas and designated pursuant to Article 4 of the Act on Designation and Management of Free Trade Zones, which are designated and published by the Minister of Land, Transport and Maritime Affairs as necessary to smoothly operate the relevant airports;
6. Other facilities as deemed necessary by the Minister of Land, Transport and Maritime Affairs for the operation and management of airports.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 10-2 (Classification of Obstacle Limitation Surfaces)   print
(1) "Surface which is prescribed by Presidential Decree" under subparagraph 16 of Article 2 of the Act means any of the following:
1. Horizontal surface;
2. Conical surface;
3. Approach surface and inner approach surface;
4. Transition surface and inner transition surface;
5. Go-around surface.
(2) Necessary matters concerning the standards, etc. for obstacle limitation surfaces referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 11 (Changing Major Matters on Ground Plans for Aviation Policies)   print
The term "major matters as determined by Presidential Decree" as referred to in Article 2-5 (4) means any of the following matters:
1. The target and strategies of the State aviation policies;
2. Support for domestic transport by airplane;
3. Efficient development of airports;
4. Protection for airport users;
5. Development of aviation safety technology; or
6. Other matters determined by the Minister of Land, Transport and Maritime Affairs.
[This Article Newly Inserted by Presidential Decree No. 20778, May 6, 2008]
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 Article 11-2 (Organization of Aviation Policy Committee)   print
(1) The Aviation Policy Committee under Article 2-6 of the Act (hereinafter referred to as the "Aviation Policy Committee") shall be comprised of not more than 20 members, including one chairperson.
(2) The Minister of Land, Transport and Maritime Affairs shall be the chairperson of the Aviation Policy Committee, and the following persons shall be the members:
1. The Vice Minister of Strategy and Finance, the Vice Minister of Edu- cation, Science and Technology, the Vice Minister of Foreign Affairs and Trade, the Vice Minister of National Defense, the Vice Minister of Culture, Sports and Tourism and the Vice Minister of Knowledge Economy;
2. Not more than 13 persons commissioned by the Minister of Land, Transport and Maritime Affairs, from among those with extensive knowledge and experience in aviation.
(3) The terms of office of the members under paragraph (2) 2 shall be two years.
(4) The Aviation Policy Committee shall have one secretary to administer affairs of the Aviation Policy Committee, designated by the Minister of Land, Transport and Maritime Affairs from among public officials in general service belonging to the Senior Civil Service of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 11-3 (The Chairperson's Responsibilities)   print
(1) The chairperson of the Committee on Aviation Policy represents the Committee, and supervises affairs of the Committee.
(2) In cases where the chairperson cannot perform his/her responsibilities due to inevitable circumstances, a member who has been designated in advance by the chairperson shall perform such responsibilities as the acting chairperson.
[This Article Newly Inserted by Presidential Decree No. 20778, May 6, 2008]
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 Article 11-4 (Meetings)   print
(1) The chairperson of the Aviation Policy Committee shall call and preside over meetings of the Committee.
(2) Where the chairperson calls a meeting, he/she shall notify each member of the date and venue of the meeting and the matters to be deliberated upon, by no later than five days before the prearranged date of such meeting: Provided, That this shall not apply in cases where any urgent need or other inevitable reason exists.
(3) Meetings of the Aviation Policy Committee shall begin with a majority attendance of enrolled members, and pass a resolution by majority vote.
(4) If it is deemed necessary to deliberate on matters on the agenda and perform other business activities, the Aviation Policy Committee may request the relevant agencies to submit information, or have interested parties or specialists appear to present their opinions.
(5) The Aviation Policy Committee shall record the minutes and make them available for inspection.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 11-5 (Composition, etc. of Executive Committee)   print
(1) An Executive Committee shall be established in the Aviation Policy Committee to efficiently administer the Aviation Policy Committee and to perform duties entrusted by the Aviation Policy Committee.
(2) The Executive Committee shall consist of not more than 20 members, including one chairperson.
(3) The chairperson of the Executive Committee shall be appointed by the Minister of Land, Transport and Maritime Affairs, from among public officials in general service who belong to the Senior Civil Service of the Ministry of Land, Transport and Maritime Affairs.
(4) The following persons shall be the members of the Executive Committee:
1. One person, each of whom is appointed by the head of each relevant agency, from among public officials in general service, who are in Grade IV or higher (including public officials in general service who belong to the Senior Civil Service), of the Ministry of Strategy and Finance, the Ministry of Education, Science and Technology, the Ministry of Foreign Affairs and Trade, the Ministry of National Defense, the Ministry of Culture, Sports and Tourism and the Ministry of Knowledge Economy;
2. One person appointed by the president of the Incheon International Airport Corporation, from among executives and employees of the Incheon International Airport Corporation established under the Incheon International Airport Corporation Act;
3. One person appointed by the president of the Korea Airports Corporation, from among executives and employees of the Korea Airports Corporation established under the Korea Airports Corporation Act;
4. A person commissioned by the chairperson of the Executive Committee, from among those with extensive knowledge and experience in aviation.
(5) The term of office of a member under paragraph (4) 4 shall be two years.
(6) The Executive Committee shall have one secretary appointed by the Minister of Land, Transport and Maritime Affairs from among public officials of the Ministry of Land, Transport and Maritime Affairs.
(7) Article 11-4 shall apply mutatis mutandis to the meetings of the Executive Committee.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 11-6 (Allowances, etc.)   print
Allowances and travel expenses may be paid, within budgetary limits, to the members, and interested parties or specialists pursuant to Articles 11-4 (4) and 11-5 (7), who appear at the meetings of the Aviation Policy Committee and the Executive Committee: Provided, That this shall not apply in cases where the members who are public officials appear at those meetings directly related to their official duties.
[This Article Newly Inserted by Presidential Decree No. 20778, May 6, 2008]
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 Article 11-7 (Detailed Rules for Administration)   print
Necessary matters, other than those stipulated by this Decree, for administration of the Committee on Aviation Policy and the Executive Committee shall be decided by the chairperson of the Committee on Aviation Policy, upon undergoing the resolution of the Committee on Aviation Policy.
[This Article Newly Inserted by Presidential Decree No. 20778, May 6, 2008]
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 Article 12 (Scope of Aircraft not Required to be Registered)   print
"Aircraft prescribed by Presidential Decree" under the proviso to Article 3 of the Act means the following:
1. Aircraft used by armed forces or customs houses or for police services;
2. Aircraft introduced for the purpose of leasing to a foreign country, which is to obtain a foreign nationality;
3. Aircraft manufactured in Korea, whose owner other than the manufacturer is not decided;
4. Where an aircraft registered in a foreign country is leased and operated under Article 2-2 of the Act, the relevant aircraft.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 13 (Inspection, etc. of Aircraft, etc.)   print
(1) With respect to the certification or approval under Articles 15, 15-2, 16, 17, 17-2, 17-3, 18 through 20 and 20-2 of the Act or the certification under Article 138 of the Act, the Minister of Land, Transport and Maritime Affairs shall inspect in advance the aircraft, engine, propeller (hereinafter referred to as "aircraft, etc") and equipment concerned, or the organizations, facilities, human resources, etc. to produce or maintain the aircraft, etc. and equipment, as prescribed by the Minister of Land, Transport and Maritime Affairs.
(2) In order to conduct the inspection under paragraph (1), the Minister of Land, Transport and Maritime Affairs shall appoint or commission a person conducting the inspection of aircraft (hereinafter referred to as "inspector") from among the following persons:
1. A person certified as an aircraft mechanic under subparagraph 9 of Article 26 of the Act;
2. A person certified as an aeronautical engineer or higher under the National Technical Qualifications Act;
3. A person who has a minimum of three-year experience in the design, manufacture, maintenance or quality assurance service of aircraft after obtaining a bachelor's degree or higher related to the aeronautical technology;
4. A person who has a minimum of five-year experience in the design, manu- facture, maintenance or quality assurance service of the aircraft for use at a State agency, etc.
(3) If an inspector under paragraph (2), who is not a public official of the Ministry of Land, Transport and Maritime Affairs, conducts an inspection, the inspector may be paid allowances within budget.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 14 (Scope of Ultra Light Flying Equipment Not Required to Report)   print
"Ultra light flying equipment as prescribed by Presidential Decree" under the proviso to Article 23 (1) of the Act means the following:
1. Flying equipment not using power;
2. Captive balloons (excluding those people board) and moored unmanned flying equipment;
3. Parachutes;
4. Ultra light flying equipment used for military purposes;
5. Unmanned aircraft or unmanned rotor flying devices which weigh 12 kilograms or less, excluding the weight of fuel, and the total engine displacement of which does not exceed 50 cubic centimeters;
6. Unmanned airships which weigh 12 kilograms or less, excluding the weight of fuel, and the length of which does not exceed 7 meters with a total engine displacement not exceeding 50 cubic centimeters;
7. Ultra light flying equipment manufactured by research institutes, etc. for the purposes of test, examination, research or development;
8. Ultra light flying equipment manufactured by manufacturers, etc. for sale, which are neither sold nor used for flight.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 14-2 Deleted.<by Presidential Decree No. 19607, Jul. 4, 2006>   print
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 Article 15 (Composition of Airspace Committee)   print
(1) The Airspace Committee (hereinafter referred to as the "Committee") established under Article 38-3 of the Act shall consist of not more than 15 members including one chairperson and one vice chairperson.
(2) The chairperson of the Committee (hereafter referred to as "chairperson" in this Article through Article 15-3) shall be either a public official in general service or a public official in special service in the Senior Civil Service in charge of aviation affairs for the Ministry of Land, Transport and Maritime Affairs, and the vice chairperson shall be a person nominated by the chairperson from among the members referred to in paragraph (3) 1.
(3) The members shall be any of the following persons:
1. One person, each of whom is nominated by the heads of relevant agencies from among state public officials with the ranks of Grade III at the Ministry of Foreign Affairs and Trade, the Ministry of National Defense, the Ministry of Knowledge Economy and the Ministry of Land, Transport and Maritime Affairs, among public officials in general service who belong to the Senior Civil Service thereof (in cases of the Ministry of Foreign Affairs and Trade, public officials in foreign service under Article 3 (2) 2 and 3 of the Decree on the Appointment of Foreign Service Officials), or among military officers with ranks corresponding thereto;
2. One person nominated by the Commander of the U.S. Armed Forces in Korea from among military officers with the corresponding ranks referred to in subparagraph 1 of the military forces of the United States of America who are stationed in the Republic of Korea under Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America;
3. Persons commissioned by the Minister of Land, Transport and Maritime Affairs from among persons of profound learning and experience with respect to aviation.
(4) The chairperson shall represent the Committee and take overall control of the duties thereof.
(5) The vice chairperson shall assist the chairperson and act for the chairperson if the chairperson is unable to perform his/her duties for unavoidable causes.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 15-2 (Functions of Committee)   print
The Committee shall deliberate on any of the following matters:
1. Matters concerning the establishment, coordination and administration of the controlled airspace, non-controlled airspace, prohibited airspace and airspace requiring attention under Article 38 (2) of the Act;
2. Matters concerning the establishment and amendment of important procedures and regulations with respect to the flight of aircraft and aviation traffic control;
3. Matters concerning the installation, alteration or closure of airport facilities, air traffic control facilities and navigation safety facilities which may seriously affect the structure or management of airspace;
4. Other matters concerning ways for aircraft to safely and efficiently utilize airspace and aviation facilities.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 15-3 (Meeting)   print
(1) The chairperson shall convene the meetings of the Committee and preside over such meetings.
(2) The meeting of the Committee shall open with the attendance of a majority of the total members and resolve with the concurrent vote of a majority of those present.
[This Article Newly Inserted by Presidential Decree No. 16511, Aug. 6, 1999]
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 Article 15-4 (Secretary)   print
(1) The Committee shall have a secretary assigned to handle administrative affairs.
(2) The secretary shall be appointed by the chairperson from among public officials of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 17706, Aug. 12, 2002; Presidential Decree No. 21473, May 6, 2009>
[This Article Newly Inserted by Presidential Decree No. 16511, Aug. 6, 1999]
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 Article 15-5 (Allowances, etc.)   print
Allowances and travel expenses may be paid, within budgetary limits, to the members for attending any meeting of the Committee: Provided, That this shall not apply in cases where public officials attend any meeting of the Committee as members directly in relation to matters in which they are in charge.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 15-6 (Detailed Rules for Administration)   print
Necessary matters, other than those stipulated by this Decree, for administration of the Committee shall be determined by the chairperson, subject to resolution by the Committee.
[This Article Newly Inserted by Presidential Decree No. 16511, Aug. 6, 1999]
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 Article 15-7 (Details, etc. of Supporting Plans for Search and Rescue of Aircraft)   print
(1) Supporting plans for search and rescue of aircraft under Article 72 of the Act shall contain the following matters:
1. Composition and operation of the systems of search and rescue of aircraft;
2. Roles of the Minister of National Defense, the Minister of Land, Transport and Maritime Affairs and the Commander of the United States Armed Forces in Korea in their competent airspace;
3. Other matters necessary for search of aircraft and lifesaving.
(2) Detailed matters necessary for establishing and implementing sup- porting plans for the search and rescue of aircraft under paragraph (1) shall be determined by the Minister of Land, Transport and Maritime Affairs in consultation with the heads of related administrative agencies.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 16 (Standards for Construction of Airfields)   print
(1) Any airfield constructed with permission of the Minister of Land, Transport and Maritime Affairs under Article 75 (2) of the Act shall be as described in the subparagraphs of Article 9-3.
(2) The standards for construction of airfields pursuant to paragraph (1) shall be as follows:
1. No obstacle shall impede the take-off and landing of aircraft in the periphery of an airfield: Provided, That this shall not apply in cases where it is deemed possible to remove the obstacle without failure by the scheduled date of completion of construction works for the airfield;
2. The holding pattern airspace area of an airfield (referring to specified airspace in the sky over the airfield which is deemed necessary for the holding of aircraft seeking to land on the airfield; hereinafter the same shall apply) shall not overlap that of an adjacent airfield;
3. The length and width of the runway, landing zone and taxiway of an airfield and the gradient of each surface thereof, airfield beacons, etc. shall conform to the standards prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) The standards for constructing any land airfield referred to in sub- paragraph 1 of Article 9-3 shall be governed by the standards set by Ordinance of the Ministry of Land, Transport and Maritime Affairs according to the combination of the classification numbers that are set taking into account the minimum take-off distance of aircraft that uses the runway of the relevant land airfield as shown in attached Table 1 and the classification letters that are set taking into account the width of the main wings and the outside width of the main landing gears of the aircraft that use the runway of the relevant land airfield.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 17 (Examination on Construction of Airfield, etc.)   print
When an application for permission on installation of an airfield or navigation safety facilities is filed under Article 75 (2) of the Act, the Minister of Land, Transport and Maritime Affairs shall examine as to whether the application conforms to the following standards:
1. The construction plan of the location, structure, etc. of the airfield or navigation safety facilities shall conform to the standards for installation as prescribed in Article 16 or 18;
2. The management plan of the airfield or navigation safety facilities shall conform to the facilities management standards as prescribed in Article 80 (1) of the Act;
3. The builder of the airfield or navigation safety facilities shall be capable of managing them;
4. The construction of the airfield or navigation safety facilities shall not substantially infringe on any interest of other persons;
5. In regards to the airfield, the applicant shall have the ownership of the site or other right to use it, or he/she shall be deemed to acquire such right without failure by the time when the work is scheduled to complete.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 18 (Standards for Installation of Navigation Safety Facilities)   print
The standards for installation of navigation safety facilities under Article 75 (3) of the Act shall be as follows:
1. The aeronautical lighting aids (referring to lighting equipment to aid the navigation of aircraft; hereinafter the same shall apply) shall be installed in conformity with the following standards:
(a) The aeronautical lighting aids shall be installed so as not to dazzle pilots and air traffic controllers, and exposed light equipment shall be installed as a light structure so as not to inflict any damage on aircraft, but so as to make the light equipment itself break, when the aircraft come in contact with any exposed light equipment (referring to runway edge lights, stopway lights, taxiway edge lights, etc.; hereafter the same shall apply in this item), and buried light equipment shall be manufactured and installed so as not to inflict any damage on aircraft and light equipment due to any contact with the wheels of the aircraft;
(b) The luminous intensity ratio of the aeronautical lighting aids against the runway edge lights shall meet the criteria under attached Table 2;
(c) Other luminous intensity, color tone, etc. of the aeronautical lighting aids shall meet the criteria prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
2. The navigation safety radio facilities (referring to the equipment to aid the navigation of aircraft by radio waves; hereinafter the same shall apply) shall be installed in conformity with the following standards:
(a) In cases of new installation, they shall have no effect on other navigation safety facilities already installed as far as they could;
(b) They shall be installed at locations to emit radio waves effectively;
(c) The monitoring devices, standby power system, etc. shall be provided;
(d) Where principal and reserve equipments are installed, the principal equipment shall be replaced automatically with reserve equipment, if the former is abnormal, and the conditions of such equipment shall be displayed;
(e) The personnel, test and measuring devices, spare parts, etc. required for maintenance, repair, etc. shall be provided;
(f) Other standards for installation, technical levels, etc. of navigation safety radio facilities shall meet the criteria prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
3. The aeronautical information and communications facilities shall be installed according to the following standards:
(a) They are required to be installed in locations that make it possible to communicate smoothly;
(b) They are required to have control devices, standby power system, etc.;
(c) They are required to have personnel, test and measuring devices, spare parts, etc. necessary to maintain and repair the facilities;
(d) Other standards for installation, technical level, etc. of aeronautical information and communications facilities are required to conform with the criteria prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 19 (Inspection of Management of Airfields and Navigation Safety Facilities)   print
(1) The Minister of Land, Transport and Maritime Affairs shall conduct annual inspection of airfields or navigation safety facilities pursuant to Article 80 (2) of the Act, but if it is deemed necessary, he/she may conduct an inspection at any time: Provided, That if those facilities are not in use, no inspection is required.
(2) Where the Minister of Land, Transport and Maritime Affairs conducts an inspection under paragraph (1) on the airport that has obtained an airport operating certificate under Article 111-2 (1) of the Act, he/she may omit conducting an inspection on the airfield or on the facilities of aeronautical lighting aids among the navigation safety facilities.
(3) Necessary matters concerning the procedures for and the methods, items, etc. of the inspection referred to in paragraph (1) shall be prescribed and published by the Minister of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 20 (Request for Purchase of Obstacle, etc.)   print
Any person who intends to demand the purchase of any obstacle or land on which the obstacle is installed under Article 82 (4) of the Act shall do so by submitting an application specifying the following matters to the airfield facilities installer referred to in Article 77 (1) of the Act (hereinafter referred to as "airfield facilities installer") along with documents certifying that he/she has ownership of the obstacle or land and the drawings indicating the obstacle or land:
1. The names and addresses of the owner and other interested persons;
2. The location, kind, area and quantity of the obstacle or land;
3. Particulars of compensation for loss.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 21 (Compensation, etc. for Loss Resulting from Removal of Obstacle)   print
Where an airfield facilities installer or a person holding ownership or other rights to an obstacle applies to the Minister of Land, Transport and Maritime Affairs for a decision on the amount of compensation for loss resulting from the removal of an obstacle pursuant to the latter part of Article 82 (6) of the Act, he/she shall submit an application specifying the following matters, along with documents certifying that he/she has ownership or other rights to such obstacle, and an explanatory statement on consultation, implementation plan of the airfield facilities installer and drawings indicating the obstacle, etc.:
1. The names and addresses of the owner and other interested persons;
2. The locations, kind, area and quantity of the obstacle and other related articles;
3. The method and time of alteration, movement and removal of the obstacle;
4. Particulars of compensation for loss.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 22 (Installation of Aviation Obstacle Beacon Lights and Daytime Aviation Obstacle Beacons)   print
Structures on which aviation obstacle beacon lights and daytime aviation obstacle beacons are to be installed under Article 83 (2) of the Act shall be those in the vicinity of an area projected vertically downwards to the ground surface from the obstacle limitation surface, which might be prejudicial to safety in the aviation of aircraft.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 23 (Public Access of Draft of Mid- and Long-Term Master Plan for Airport Development, etc.)   print
A Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") who receives a draft proposal of mid- and long-term master plan for airport development or of basic plan for airport development from the Minister of Land, Transport and Maritime Affairs under Article 89 (3) of the Act shall offer it for public access for not less than one month.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 24 (Alteration to Basic Plan for Airport Development)   print
"Important matters prescribed by Presidential Decree, including the length of a runway, etc" under Article 90 (2) of the Act means any of the following:
1. Airport zone;
2. Length and width of a runway.
[This Article Newly Inserted by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 24-2 (Alteration to Minor Matters)   print
"Where he/she alters minor matter prescribed by Presidential Decree" under the proviso to Article 90 (3) of the Act means any of the following:
1. Where he/she alters the basic plan for airport development (hereinafter referred to as "basic plan") under Article 89 (2) of the Act carried out within the limits of less than 10/100 of the scale and area of an airport development project;
2. Where he/she shortens or extends the period of project set within the limits of two years.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 25 (Development and Publication of Master Plan, etc.)   print
(1) The Minister of Land, Transport and Maritime Affairs shall, upon development of a mid- and long-term master plan for airport development (hereinafter referred to as "master plan") or of a basic plan under Article 89 (1) of the Act pursuant to Article 91 of the Act, publish the relevant matters in the Official Gazette according to each of the following classifications. In the event that the developed master plan or basic plan is amended, the amended matters shall also be published:
1. For the master plan: Matters under each of Article 89 (1) of the Act;
2. For the basic plan: Matters under each of Article 89 (2) of the Act.
(2) A basic plan published in accordance with paragraph (1) shall cease to have effect if an implementation plan for the airport development project under Article 95 (1) of the Act (hereinafter referred to as "implementation plan") is not drawn up and published within the period described in Article 29 (1).
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 26 Deleted.<by Presidential Decree No. 19503, Jun. 7, 2006>   print
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 Article 27 (Permission on Implementation of Airport Development Projects)   print
(1) Any person who intends to implement an airport development project pursuant to Article 94 (2) of the Act shall submit to the Minister of Land, Transport and Maritime Affairs an application for permission specifying the following matters:
1. The name and address of the project operator (in cases of a legal entity, the title and address of the legal entity and the name and address of the representative);
2. The Name of the airport and category of the project;
3. Objectives and details of the project;
4. Period and method of implementation of the project;
5. Other matters necessary for implementing the project.
(2) An application for permission under paragraph (1) shall be accompanied with the following documents and drawings:
1. An implementation plan for the project, the location and boundaries of the area in which the project is to be carried out, and a facility plot plan;
2. The details of estimated working expenses in each business category of the project (including construction work expenses);
3. A procurement plan for funds to be used for the project;
4. A topographical map and a cadastral plan or other similar plan, drawn on a scale of not less than 1 to 5,000, including the adjacent land.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 28 (Application for Implementation Plan)   print
Any operator of an airport development project under Article 94 of the Act (hereinafter referred to as "project operator"), other than the Minister of Land, Transport and Maritime Affairs, shall develop an implementation plan according to the basic plan publicly announced pursuant to Article 91 of the Act, and file an application for approval thereof with the Minister of Land, Transport and Maritime Affairs, within one year after the operator obtains permission to operate the project pursuant to the main sentence of Article 94 (2) of the Act: Provided, That where it is deemed inevitable, the Minister of Land, Transport and Maritime Affairs may extend the period of application by up to three months.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 29 (Publication of Implementation Plan)   print
(1) An implementation plan shall be formulated and published within three years from the date the basic plan is publicly announced pursuant to Article 91 of the Act (where the relevant basic plan is formulated for a phased implementation, the date on which the phased implementation concerned commences).
(2) Matters which the Minister of Land, Transport and Maritime Affairs has to publish pursuant to Article 95 (5) of the Act shall be as follows:
1. Matters referred to in Article 27 (1) 1 through 4;
2. Details of the land and obstacles to be expropriated and used, and the particulars of the ownership and other rights thereto.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 30 (Consultation on Implementation Plan)   print
The head of the competent administrative agency who receives a request for consultation under Article 96 (3) of the Act shall present his/her opinion within 30 days after he/she receives it, and if he/she fails to present his/her opinion in this period, he/she shall be deemed to have agreed with the implementation plan.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 31 (Entrustment with Land Purchase Affairs, etc.)   print
If a project operator intends to entrust the head of the competent local government with affairs concerning the purchase of land and compensation for loss, projects for relocation, etc. pursuant to Article 100 (1) of the Act, the project operator shall make a request in writing specifying the details of the affairs to be entrusted and the conditions of entrustment, and the head of the competent local government shall, upon receipt of such request, comply with it unless any special ground to the contrary exists.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 32 (Scope of Incidental Work)   print
"Incidental work" under Article 101 (2) of the Act means the construction work of facilities necessary for the execution and control of the airport development project work and other work incidental to the airport development project.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 33 (Vicarious Execution of Airport Development Projects)   print
(1) The airport development projects that the Minister of Land, Transport and Maritime Affairs allows to be vicariously executed under Article 102 of the Act shall be limited to those under which the land and airport facilities related to the airport development projects are reverted to the State under Article 94 (4) of the Act.
(2) If the Minister of Land, Transport and Maritime Affairs has an airport development project vicariously executed pursuant to paragraph (1), he/she shall agree with the project operator concerned on the following matters:
1. Category, scale and cost of the project;
2. Implementation period of the project;
3. Matters concerning the payment method and liquidation of investment expenses.
(3) Where the Minister of Land, Transport and Maritime Affairs undertakes or completes the project under paragraph (2), he/she shall notify it to the project operator concerned.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 34 (Permission on Investment in Airport Development Projects)   print
(1) Any person who intends to invest in an airport development project executed by the Minister of Land, Transport and Maritime Affairs under Article 105 (1) of the Act shall submit to the Minister of Land, Transport and Maritime Affairs an application for specifying the following matters together with the project implementation plan and design drawings:
1. The title of the project;
2. The address, name and trade name of the investor;
3. A plan of investment.
(2) If the Minister of Land, Transport and Maritime Affairs intends to grant permission under Article 105 (1) of the Act, he/she shall consult in advance with the head of the administrative agency concerned.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 35 (Execution of Projects in which Investments are made)   print
(1) A person who has obtained permission for investment under Article 105 (1) of the Act (hereinafter referred to as "investor"), or a constructor executing the construction work of the project in which the investment is made, shall submit to the Minister of Land, Transport and Maritime Affairs a report on the commencement of the construction work, together with a predetermined progress schedule, by no later than seven days before the work commences.
(2) The investor and the constructor under paragraph (1) shall be subject to the control of the Minister of Land, Transport and Maritime Affairs in executing the work of the project in which the investment is made.
(3) An investor shall, upon completion of the work of the project in which his/her investment is made under paragraph (1), undergo an inspection of completion by the Minister of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 36 (Airport Facilities not Reverted to State)   print
"Those prescribed by Presidential Decree" under Article 94 (4) of the Act and the latter part of Article 105 (1) of the Act mean any of the following facilities, which are recognized by the Minister of Land, Transport and Maritime Affairs:
1. Airport facilities described in subparagraph 2 or 5 of Article 10, which are located in the airport zone under subparagraph 9 of Article 2 of the Act;
2. City air terminals and other airport facilities outside the airport zone.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 37 (Permission, etc. on Gratuitous Use and Benefit)   print
(1) Any investor or project operator (hereinafter referred to as "investor, etc") who intends to obtain permission to gratuitously use and benefit from airport facilities under Article 105 (3) of the Act shall submit to the Minister of Land, Transport and Maritime Affairs an application specifying the airport facilities which they intend to use and benefit from, and the purpose and period of such use and benefit.
(2) The scope of airport facilities which the Minister of Land, Transport and Maritime Affairs may allow investors, etc. to gratuitously use and benefit from shall be limited to those deemed not to impede the management and operation of the airport facilities even though the investors, etc. use and benefit from such facilities without compensation.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 38 (Calculation of Total Cost of Project and Period of Gratuitous Use and Benefit)   print
(1) The total project cost under Article 105 (3) of the Act shall be the sum of the following expenses involved in an airport development project on the basis of the date on which the completion inspection of the airport development project is conducted: Provided, That in cases of airport facilities reverted to the State under Article 94 (4) of the Act, the amount appraised by a certified appraisal corporation under the Public Notice of Values and Appraisal of Real Estate Act on the basis of the date on which the inspection of completion is made, shall be considered as the total project cost: <Amended by Presidential Decree No. 22493, Nov. 15, 2010>
1. Survey expense means the survey expenses and other research expenses for executing the airport development project, which are not included in the net construction cost;
2. Design expense means the expenses needed for the design to execute the airport development project;
3. Construction cost means the sum of material costs, labor costs and other expenses which are all required to undertake the airport development project, and such cost and expenses shall be based on standards for determining estimated prices, standard labor cost and unit prices (referring to government-published prices if such prices exist) under Article 9 of the Enforcement Decree of the Act on Contracts to Which the State is a Party;
4. Compensation expense means the expenses for purchasing land (including those for purchasing buildings, standing trees, etc.), those for taking measures for relocation, and those for compensation for rights, such as business rights, fishing rights and mining rights, which are disbursed for executing the airport development project;
5. Incidental expense means general management expenses calculated by the rate of general management expenses based on standards for determining estimated prices under Article 9 of the Enforcement Decree of the Act on Contracts to which the State is a Party, expenses incurred in assessment of environmental impact, expenses required for the inspection of construction work and all other expenses needed for the fulfillment of conditions imposed when the airport development project is permitted, charges for farmland conservation under Article 40 of the Farmland Act, etc.;
6. Construction interest means any construction interest on the project cost as referred to in subparagraphs 1 through 5 (the interest rate shall be the interest rate on loans which is applied by banks under the Banking Act and which is designated by the Minister of Land, Transport and Maritime Affairs).
(2) The period for which an investor, etc. may be allowed to use and benefit from the airport facilities concerned without compensation under Article 105 (3) of the Act shall be until the total of the rents in cases of paid-use of the airport facilities, reaches the total project cost calculated pursuant to paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 39 (Change of Gratuitous Use and Benefit)   print
If it is inevitable for operating an airport, the Minister of Land, Transport and Maritime Affairs may revoke permission to gratuitously use and benefit from the airport facilities an investor, etc. uses and benefits from without compensation pursuant to Article 105 (3) of the Act. In such cases, if the total rent of airport facilities in cases where the investor, etc. uses and benefits from the airport facilities reverted to the State with compensation is short of the total project cost, the Minister of Land, Transport and Maritime Affairs may allow the investor, etc. to use and benefit from other airport facilities without compensation until the total rent reaches the total project cost.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 39-2 (Report on Violators of Order of Restraint, etc.)   print
With respect to any person who has violated an order of restraint or an order to leave under Article 106-2 (2) of the Act, the person who has been granted the right to manage the airport facilities pursuant to Article 105-2 (2) of the Act (hereinafter referred to as "airport facilities manager") may report the details, etc. of such violation to the person entitled to impose a fine for negligence under subparagraph 10 of Article 182 of the Act, as stipulated by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 39-3 (Activities Prohibited in Airport Facilities)   print
"Activities prescribed by Presidential Decree" under Article 106-2 (1) 4 of the Act means each of the following:
1. Sleeping in airport facilities;
2. Causing disturbances, such as talking abusively or singing noisily, in airport facilities;
3. Posting or distributing bills (including placards and other standing advertising signs) in airport facilities without permission;
4. Collecting donations or selling, distributing or recommending goods in airport facilities without permission.
[This Article Newly Inserted by Presidential Decree No. 22214, Jun. 22, 2010]
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 Articles 40 through 42 Deleted.<by Presidential Decree No. 22387, Sep. 7, 2010>   print
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 Article 42-2 Deleted.<by Presidential Decree No. 22387, Sep. 7, 2010>   print
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 Article 43 and 44 Deleted.<by Presidential Decree No. 22387, Sep. 7, 2010>   print
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 Article 44-2 (Airports, etc. Required to Obtain Airport Operating Certificates)   print
(1) "Airport prescribed by Presidential Decree, such as an airport, etc. having international air routes" in Article 111- 2 (1) of the Act means the Incheon, Gimpo, Gimhae, Jeju, Cheongju, Muan, Yangyang, Daegu or Gwangju Airport or any other airport designated and published by the Minister of Land, Transport and Maritime Affairs as deemed necessary. <Amended by Presidential Decree No. 22214, Jun. 22, 2010>
(2) Where a person seeking to operate an airport intends to obtain an airport operating certificate under Article 111-2 (1) of the Act (hereinafter referred to as "airport operating certificate") for an airport which uses an airfield under the Protection of Military Bases and Installations Act among airports under paragraph (1), the person shall not cause any impact on the military operations and shall furnish the personnel, equipment, expenses, etc. necessary for the airport operating certificate and the maintenance of the safe airport operation system under Article 111-4 (1) of the Act. <Amended by Presidential Decree No. 22214, Jun. 22, 2010>
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 44-3 (Classification of Airport Operating Certificates)   print
(1) Airport operating certificates may be granted according to the following classifications:
1. Class 1: Airport operating certificate for an airport used for domestic air transportation business and international air transportation business and in which the number of flights averages not less than 30,000 per year for the last five years (excluding airports dedicated to irregular flights);
2. Class 2: Airport operating certificate for an airport used for domestic air transportation business and international air transportation business and in which the number of flights averages less than 30,000 per year for the last five years (excluding airports dedicated to irregular flights);
3. Class 3: Airport operating certificate for an airport which is used for domestic air transportation business (excluding airports dedicated to irregular flights);
4. Class 4: Airport operating certificate for an airport, not falling under any of subparagraphs 1 through 3, which is used for air transportation business.
(2) When an airport operator intends to change the class of his/her airport operating certificate granted pursuant to paragraph (1), he/she shall file an application to change the airport operating certificate as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Newly Inserted by Presidential Decree No. 22214, Jun. 22, 2010]
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 Article 44-4 (Violations Subject to Penalty Surcharges, and Amounts Thereof)   print
(1) Types of violations on which penalty surcharges are to be imposed pursuant to Article 111-6 of the Act and the amounts of such penalty surcharges shall be as shown in attached Table 3.
(2) The Minister of Land, Transport and Maritime Affairs may increase or reduce the amount of penalty surcharge under paragraph (1) within the extent of half the amount thereof, by taking into account the peculiarity of airport, the degree and frequency of violations, etc. In such cases, even if the penalty surcharge is increased, its total sum shall not exceed one billion won.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 44-5 (Imposition and Payment of Penalty Surcharges)   print
(1) When the Minister of Land, Transport and Maritime Affairs intends to impose a penalty surcharge under Article 111-6 of the Act, he/she shall issue a notice of the payment of the penalty surcharge, by specifying in writing the type of the violation in question and the amount of penalty surcharge.
(2) Any person in receipt of a notice under paragraph (1) shall pay the penalty surcharge to the receiving agency designated by the Minister of Land, Transport and Maritime Affairs within 20 days from the date of receiving the notice: Provided, That when he/she is unable to pay the penalty surcharge by the said deadline due to any natural disaster or other inevitable cause, the person shall pay it within seven days from the date on which the said cause has ceased to exist.
(3) The receiving agency which has received the payment of penalty surcharge under paragraph (2) shall issue a receipt to the payer.
(4) When a receiving agency of penalty surcharge has received any penalty surcharge under paragraph (2), it shall promptly notify the Minister of Land, Transport and Maritime Affairs of such fact.
(5) No penalty surcharge shall be paid in installments.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 44-6 (Demanding and Collecting Penalty Surcharges)   print
(1) Where any person who received a payment notice of penalty surcharge pursuant to Article 44-5 (1) fails to pay it by the deadline for payment, the Minister of Land, Transport and Maritime Affairs shall send a demand note within seven days from the expiration date of such deadline. In such cases, a deadline for payment shall be within ten days from the date of sending the demand note. <Amended by Presidential Decree No. 22214, Jun. 22, 2010>
(2) Where any receiver of a demand note pursuant to paragraph (1) fails to pay the penalty surcharge by the deadline for payment, the Minister of Land, Transport and Maritime Affairs may have the public officials under his/her control compulsorily collect the penalty surcharge in the same manner as delinquent national taxes are collected. In such cases, the public officials under his/her control shall carry a certificate indicating their authority and present it to the interested parties.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 44-7 (Violations Subject to Penalty Surcharges, and Amounts, etc. thereof)   print
(1) The types of violations subject to penalty surcharges and the amounts thereof pursuant to Article 115-4 (3) of the Act are provided for in attached Table 4. <Amended by Presidential Decree No. 22214, Jun. 22, 2010>
(2) The Minister of Land, Transport and Maritime Affairs may increase or decrease the amount of a penalty surcharge pursuant to paragraph (1) within the extent of half the amount thereof, taking into account the scale of business, the particularity of business region, the degree and frequency of violation and other extraordinary circumstances. In such cases, the total amount of the penalty surcharge, even if increased, shall not exceed five billion won.
(3) Articles 44-5 and 44-6 shall apply mutatis mutandis to the imposition, payment, demand and collection of penalty surcharges. <Amended by Presidential Decree No. 22214, Jun. 22, 2010>
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 45 (Criteria for Authorization on Fares and Rates)   print
When the Minister of Land, Transport and Maritime Affairs intends to authorize fares and rates under Article 117 (1) of the Act, he/she shall follow the following criteria:
1. Not exceeding the range of reasonable expenses incurred in and profits from operation of the relevant business;
2. Taking into consideration the nature of the services furnished by the relevant business;
3. Not being unreasonably discriminatory against a specific passenger or freight consignor;
4. Not making it substantially difficult for a passenger or freight consignor to utilize the relevant business;
5. Not invoking any unreasonable competition with any other air transportation business operator (referring to any air transportation business operator under Article 49 (2) 3 of the Act; hereinafter the same shall apply).
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 46 Deleted.<by Presidential Decree No. 16511, Aug. 6, 1999>   print
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 Article 47 (Agreement on Transportation)   print
The matters on which an air transportation business operator may conclude a transportation agreement with another air transportation business operator with authorization of the Minister of Land, Transport and Maritime Affairs under Article 121 of the Act shall be matters delegated by the aviation agreement concerned to comply with any agreement between air transportation business operators, as well as the following matters:
1. Matters concerning the operational method, such as joint operation;
2. Matters concerning the supply of transport capacity and the allocation of income and expenses;
3. Matters concerning business cooperation with any air transportation business operator of a nation which has not signed the aviation agreement.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 48 Deleted.<by Presidential Decree No. 15598, Dec. 31, 1997>   print
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 Article 49 (Violations Subject to Penalty Surcharges, and Amounts, etc. thereof)   print
(1) The types of violations subject to penalty surcharges and the amounts thereof under Article 131 of the Act (including cases where it is applicable mutatis mutandis under Articles 132 (3), 134 (3), 142 and 150 (2) of the Act) are as prescribed in attached Table 5.
(2) The Minister of Land, Transport and Maritime Affairs may increase or decrease the amount of a penalty surcharge referred to in paragraph (1) within the extent of half the amount thereof, taking into account the scale of business, particularity of business region, the degree and frequency of violation and other extraordinary circumstances. In such cases, the total amount of the penalty surcharge, even if increased, shall not exceed five billion won.
(3) Articles 44-4 and 44-5 shall apply mutatis mutandis to the imposition, payment, demand and collection of penalty surcharges.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Articles 50 and 51 Deleted.<by Presidential Decree No. 18117, Nov. 4, 2003>   print
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 Article 51-2 (Concurrent Operation of Both Domestic Air Transportation Business or International Air Transportation Business and Small Air Transportation Business)   print
If a person who applies for a license for domestic air transportation business or international air transportation business under Article 112 (1) of the Act intends to concurrently register small air transportation business under Article 132 (1) of the Act, the person may apply for both of them, by stating such intention in the application for the license for domestic air transportation business or international air transportation business.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 52 Deleted.<by Presidential Decree No. 16511, Aug. 6, 1999>   print
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 Article 53 Deleted.<by Presidential Decree No. 14322, Jul. 11, 1994>   print
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 Article 54 (Concurrent Operation of Small Air Transportation Business and Aircraft-Using Business)   print
If a person who applies for the registration of small air transportation business under Article 132 (1) of the Act intends to concurrently register aircraft-using business as prescribed in Article 134 (1) of the Act, the person may apply for both of them, by stating such intention in the application for registration of the small air transportation business.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 54-2 (Violations Subject to Penalty Surcharges and Amounts, etc. thereof)   print
(1) The types of violations subject to penalty surcharges and the amounts thereof in accordance with Article 138-3 of the Act are as prescribed in attached Table 6.
(2) The Minister of Land, Transport and Maritime Affairs may increase or reduce the amount of a penalty surcharge referred to in paragraph (1) within the extent of half the amount thereof, taking into account the scale of the maintenance organization, the degree and frequency of violation and other extraordinary circumstances. In such cases, the total amount of the penalty surcharge, even if increased, shall not exceed 500 million won.
(3) Articles 44-4 and 44-5 shall apply mutatis mutandis to the imposition, payment, demand and collection of penalty surcharges.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 55 (Establishment of Association)   print
If it is intended to establish the Korea Civil Aviation Development Association (hereinafter referred to the "Association") under Article 143 of the Act, promoters, the number of whom corresponds to not less than 1/10 of persons who are eligible to be members of the Association shall prepare its articles of association and obtain a resolution thereon at an inaugural general meeting with the attendance of a majority of those eligible to be members of the Association.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 56 (Articles of Association)   print
(1) The articles of association shall include the following matters:
1. The objectives;
2. The title;
3. The seat of its office;
4. Matters concerning members and general meetings thereof;
5. Matters concerning officers;
6. Matters concerning affairs;
7. Matters concerning accounts;
8. Matters concerning dissolution;
9. Matters concerning the amendment of the articles of association;
10. Matters concerning the methods of public notice by the Association.
(2) The articles of association under paragraph (1) shall be approved by the Minister of Land, Transport and Maritime Affairs. This shall also apply in cases where any amendment is made to the approved articles of association.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 57 (Affairs)   print
The Association shall handle the following affairs:
1. Affairs for developing air transportation business, etc.;
2. Research, study and public relations on air transportation business, etc.;
3. Matters concerning the improvement of the operation of airport fa- cilities;
4. Fostering and supporting persons engaged in air transportation business, etc.;
5. Publication of aviation-related statistics and materials;
6. Collection and management of aviation-related information;
7. Affairs concerning the operational improvement and guidance of air transportation business, etc.;
8. Research and study on foreign aviation systems;
9. Research service project for promoting aviation;
10. Research and study on aviation safety;
11. Affairs concerning promotion of international cooperation with foreign aviation institutions;
12. Affairs entrusted by the Minister of Land, Transport and Maritime Affairs;
13. Services incidental to the affairs under subparagraphs 1 through 10.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 58 (Supervision)   print
The Minister of Land, Transport and Maritime Affairs shall supervise the affairs of the Association, and may issue any order necessary for a sound development of the Association. <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 20722, Feb. 29, 2008>
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 Articles 59 through 59-4 Deleted.<by Presidential Decree No. 19607, Jul. 4, 2006>   print
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 Article 59-5 (Financial Support)   print
The Government may provide subsidies or loans to the heads of local governments which undertake airport development projects pursuant to Article 153-2 of the Act to cover expenses (excluding expenses for land compensation) incurred in the installation of basic facilities under subparagraph 1 of Article 10.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 60 (Aircraft Inspection Institution)   print
(1) Any specialized inspection institution under Article 154 (2) of the Act (hereinafter referred to as "specialized inspection institution") shall be designated and published by the Minister of Land, Transport and Maritime Affairs from among nonprofit corporations which provide services related to aviation and have secured the technical personnel, facilities, equipment, etc. prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) Any specialized inspection institution shall prepare the rules necessary for conducting the business of certification or inspection of aircraft and equipment (hereinafter referred to as "inspection rules") and obtain the authorization of the Minister of Land, Transport and Maritime Affairs. The foregoing shall also apply in cases where any change is made to the authorized matters.
(3) The inspection rules under paragraph (2) shall include the following matters:
1. Organization and personnel of an organ assigned to carry out certification or inspection;
2. The scope of duties and the responsibility of persons in charge of certification or inspection;
3. Operational systems and procedures for certification or inspection;
4. Issuance of various certificates and management of the ledger;
5. Education and training of persons in charge of certification or inspection;
6. Management and maintenance of technical books and materials;
7. Operation and management of facilities and equipment;
8. Matters relating to reporting the results of certification or inspection.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 61 (Qualifications, etc. for Persons in Charge of Certification or Inspection)   print
(1) Persons in charge of certification or inspection at a specialized inspection institution shall fall under any subparagraph of Article 13 (2).
(2) Matters concerning the appointment, duties and supervision of Persons in charge of certification or inspection at a specialized inspection institution shall be determined by the Minister of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 62 Deleted.<by Presidential Decree No. 19607, Jul. 4, 2006>   print
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 Article 63 (Delegation and Entrustment of Authority)   print
(1) Pursuant to Article 154 (1) of the Act, the Minister of Land, Transport and Maritime Affairs shall delegate to the Mayor/Do Governor his/her authority to install and manage aviation obstacle beacon lights and daytime aviation obstacle beacons (limited to cases where they are installed and managed in an area outside a radius of 15 kilometers from the airfield gauge mark) under Article 83 of the Act.
(2) The Minister of Land, Transport and Maritime Affairs shall delegate authority under the following subparagraphs to the Commissioners of the Regional Aviation Administrations (limited to the Commissioner of the Seoul Regional Aviation Administration for subparagraph 31 (g) of this paragraph) pursuant to Article 154 (1) of the Act: <Amended by Presidential Decree No. 22214, Jun. 22, 2010>
1. Certification of airworthiness under Article 15 (1) of the Act;
2. Flight permission for the following aircraft pursuant to the proviso to Article 15 (3) of the Act:
(a) Aircraft making a test flight after maintenance, repair or rebuilding;
(b) Aircraft moving to a repair station without passengers or cargo for the purpose of maintenance, repair or rebuilding;
(c) Aircraft making a flight without passengers or cargo for the purpose of being imported or exported;
(d) Aircraft used for search and rescue due to a calamity, disaster, etc.;
(e) Aircraft used for extinguishment and prevention of forest fires;
(f) Aircraft used for rescue and relief activities, such as transportation of emergency patients;
(g) Aircraft used for agricultural or fishing activities, such as seed sowing, crop dusting or fish detection;
3. Inspection on the conformity to technical standards and designation of operational limits under Article 15 (5) of the Act;
4. Suspension of the validity of certification of airworthiness or reduction of its term of validity thereof under Article 15 (6) of the Act;
5. Occasional inspection on whether aircraft airworthiness is maintained under Article 15 (8) of the Act;
6. Matters concerning airworthiness approval for exporting aircraft, etc. under Article 15-2 of the Act;
7. Matters concerning certification of conformity with noise standards under Article 16 of the Act;
8. Matters concerning approval for repair or modification under Article 19 of the Act;
9. Matters concerning reporting ultra light flying equipment under Article 23 (1) of the Act, flight plan approval under paragraph (2) of the same Article, and acceptance of an accident report filed by the operator or owner of ultra light flying equipment under paragraph (7) of the same Article;
10. Matters concerning report of modification on ultra light flying equipment under Article 23-2 (1) of the Act, report on transfer under paragraph (2) of the same Article, and acceptance of a report on cancellation under paragraph (3) of the same Article;
11. Matters concerning flight plan approval for a light aircraft under Article 24 (1) of the Act;
12. Matters concerning acceptance of an accident report filed by the operator or owner of a light aircraft under Article 24 (7) of the Act;
13. Permission to undertake a flight as a pilot or a test flight under Article 27 (4) of the Act;
14. Designation of a flight simulator under Article 29-2 (2) of the Act;
15. Order for medical examination for aircrew (excluding aircrew employed by international air transportation business operators) and air traffic controllers under Article 32 of the Act;
16. Revocation, or suspension of validity, of the certification of qualification, etc. under Article 33 (1) of the Act, and revocation, or suspension of validity, of the certification of medical examination for aircrew under paragraph (2) of the same Article (excluding revocation or suspension of validity for aircrew employed by international air transportation business operators, and air traffic controllers);
17. Permission for practice flights under Article 35 of the Act;
18. Permission for flights in the prohibited airspace under the proviso to Article 38-2 (2) of the Act;
19. Matters concerning cooperation with the head of a related administrative agency to ensure the safety of air traffic under Article 38-4 of the Act;
20. Testing on aircrew and cabin crew as to whether they drink or consume alcoholic beverages, etc. (excluding testing on aircrew and cabin crew employed by international air transportation business operators; hereafter the same shall apply in this subparagraph) under Article 47 (3) of the Act, and testing by means of blood collection, urine analysis, etc. under paragraph (4) of the same Article;
21. Matters concerning approval of an aviation safety management system under Article 49 (2) of the Act (limited to the aviation safety management systems operated by domestic air transportation business operators, small air transportation business operators and aircraft maintenance service providers);
22. Matters concerning acceptance of a compulsory report on aircraft safety under Article 49-3 (1) of the Act (limited to the reports filed by aircraft mechanics employed by domestic air transportation business operators, small air transportation business operators, aircraft-using business operators and aircraft maintenance service providers);
23. Matters concerning acceptance of a report filed by the plane captain, owner, etc. of an aircraft under Article 50 (5) and (6) of the Act (excluding reports filed by international air transportation business operators and the plane captains employed by such business operators);
24. Permission for the takeoff or landing of an aircraft at a place other than an airfield under the proviso to Article 53 of the Act (excluding aircraft used for international air transportation business);
25. Permission to perform prohibited acts under the proviso to Article 55 of the Act other than each subparagraph;
26. Designation, or revocation of designation, of an emergency aircraft under Article 56 of the Act;
27. Approval for operation of a twin-engine aircraft under Article 69-2 of the Act (excluding twin-engine aircraft used for international air transportation business);
28. Approval for operation of an aircraft in the reduced vertical separation minimum airspace, required performance-based navigation airspace, etc. under Article 69-3 of the Act (excluding aircraft used for international air transportation business);
29. Instruction of air traffic under Article 70 (1) of the Act, offering of advice and information related to operation of aircraft under paragraph (2) of the same Article, offering information on aircraft requiring search and rescue under paragraph (3) of the same Article and instruction in a movement area under paragraph (5) of the same Article;
30. Offering of aviation information under Article 73 (1) of the Act (limited to the areas under the jurisdiction of the Commissioners of Regional Aviation Administrations);
31. The following authority on airfields or navigation safety facilities (excluding radar facilities (ARSR/SSR/ARTS), global navigation satellite facilities (GNSS/SBAS/GRAS), automatic dependent surveillance facilities (ADS) from among aviation information and communications facilities or navigation safety radio facilities used for the purpose of air routes):
(a) Permission for installation under Article 75 (2) of the Act;
(b) Publication and public notification under Articles 76, 77 (2), 78 (2) and 79 (2) of the Act;
(c) Inspection of completion under Article 77 (1) of the Act;
(d) Receipt of notification of alteration under Article 78 of the Act;
(e) Receipt of notification of suspension, closure or resumption of use under Article 79 (1) of the Act;
(f) Inspection of management under Article 80 (2) of the Act;
(g) Flight inspection under Article 80 (3) of the Act;
(h) Provision of aviation communication services under Article 80-3 of the Act;
(i) Revocation of permission for installation under Article 81 of the Act;
(j) Orders for removal of aviation obstacles and determination of the amount of compensation for loss under Article 82 (5) and (6) of the Act;
(k) Installation and management of aviation obstacle beacon lights and daytime aviation obstacle beacons under Article 83 of the Act (limited to cases where they are installed and managed in areas within a radius of 15 kilometers from the airfield gauge mark);
(l) Orders for taking measures for similar lights under Article 84 (2) of the Act;
(m) Collection of the rent under Article 86 (1) of the Act;
(n) Receipt of notification of succession of status under Article 87 of the Act;
32. The following authority on airport facilities:
(a) Permission for implementation of an airport development project under Article 94 (2) of the Act;
(b) Establishment and approval of an implementation plan under Article 95 (1) and (3) of the Act (including approval of a change in the implementation plan);
(c) Announcement of an implementation plan under Article 95 (5) of the Act, and notification to the owner of land, etc. and other person who holds any right to such land, etc. under paragraph (7) of the same Article;
(d) Collection of charges under Article 103 of the Act;
(e) Confirmation of construction completion, and issuance of a certificate of the confirmation of construction completion, under Article 104 (1) and (3) of the Act;
(f) Permission for use prior to the confirmation of construction completion under the proviso to Article 104 (5) of the Act;
(g) through (j) Deleted; <by Presidential Decree No. 22387, Sep. 7, 2010>
(k) Supervision and disposition under Article 110 (1) of the Act;
(l) Announcement and public notification, receipt of notification of suspension, closure or resumption of use, inspection of management and determination of the amount of compensation for loss under Articles 76, 77 (2), 79, 80 (2) and 82 (6) of the Act which are applied mutatis mutandis pursuant to Article 111 of the Act;
33. Inspection and order for corrective measures pursuant to Article 111-4 of the Act (excluding any inspection and order for corrective measures on the Incheon International Airport, Gimpo Airport, Gimhae Airport and Jeju Airport);
34. Permission for the operation of irregular flights by a domestic air transportation business operator (limited to cases where the duration of permission is less than two weeks), and permission for a change in the permitted matters (limited to cases where the duration of permission is less than two weeks), pursuant to Article 112 (4) and (5) of the Act;
35. Matters concerning certification of operation, etc. under Article 115-2 (1) through (3) and (5) of the Act (limited to the certification of operation, etc. for domestic air transportation business operators, small air transportation business operators who are applied mutatis mutandis pursuant to Articles 132 (3) of the Act, and aircraft-using business operators);
36. Periodical or occasional examination to ascertain that the safe flight system is kept in accordance with Article 115-2 (6) of the Act (limited to periodical or occasional examinations for domestic air transportation business operators and small air transportation business operators who are applied mutatis mutandis pursuant to Articles 132 (3) of the Act);
37. Orders to suspend the operation of aircraft and orders to suspend the services of aircrew under Article 115-2 (7) of the Act (limited to orders to suspend the operation of aircraft against domestic air transportation business operators and small air transportation business operators who are applied mutatis mutandis pursuant to Articles 132 (3) of the Act, and to orders to suspend the business of aircrew);
38. Revocation of the certification of operation held by an air transportation business operator (limited to domestic air transportation business operators and small air transportation business operators who are applied mutatis mutandis pursuant to Articles 132 (3) of the Act) and the order for him/her to suspend the operation of aircraft under Article 115-3 (1) of the Act, and the order for an aircraft-using business operator to suspend the operation of aircraft and the revocation of his/her registration under Article 115-3 (2) of the Act;
39. Imposition and collection of penalty surcharges against an air transportation business operator (limited to domestic air transportation business operators and small air transportation business operators who are applied mutatis mutandis pursuant to Articles 132 (3) of the Act) under Article 115-4 (1) of the Act and an aircraft-using business operator under paragraph (2) of the same Article;
40. Acceptance of a report on the flight manual and maintenance control manual and authorization for the catalogue of minimum equipment, etc. under Article 116 of the Act (limited to acceptance and authorization for domestic air transportation business operators and the small air transportation business operators and aircraft-using business operators who are applied mutatis mutandis pursuant to Articles 132 (3) and 134 (3) of the Act);
41. Authorization of a temporary increase in the number of flights of an airline under Article 120 (2) of the Act (including cases which are applied mutatis mutandis pursuant to Article 152 of the Act);
42. Acceptance of a report on a minor change in a business plan under the proviso to Article 120 (2) of the Act (including cases which are applied mutatis mutandis pursuant to Articles 132 (3) and 134 (3) of the Act): Provided, That this shall exclude cases where matters of minor change in a business plan connected with the change of business plan subject to authorization of the Minister of Land, Transport and Maritime Affairs are submitted to the Minister of Land, Transport and Maritime Affairs together as at the time of application for authorization for change of the business plan;
43. Matters concerning orders under Article 122 of the Act (limited to matters related to affairs delegated to the Commissioner of the Regional Aviation Administration);
44. The following matters for small air transportation business under Article 132 of the Act:
(a) Registration of small air transportation business under Article 132 (1) of the Act;
(b) Acceptance of an assistance plan for aircraft accidents and orders for supplement to and change of the details thereof under Article 49-2 of the Act which is applied mutatis mutandis pursuant to Article 132 (3) of the Act;
(c) Permission to operate regular air routes under Article 112 (2) of the Act which is applied mutatis mutandis pursuant to Article 132 (3) of the Act;
(d) Acceptance of reports on the operation of irregular flights under Article 112 (4) of the Act which is applied mutatis mutandis pursuant to Article 132 (3) of the Act;
(e) Registration of changes under Article 112 (5) of the Act which is applied mutatis mutandis pursuant to Article 132 (3) of the Act;
(f) Approval for postponement of operation under Article 115 of the Act which is applied mutatis mutandis pursuant to Article 132 (3) of the Act;
(g) Authorization of a business plan under Article 120 of the Act which is applied mutatis mutandis pursuant to Article 132 (3) of the Act;
(h) Authorization of, and acceptance of a report on, a transportation agreement and an alliance agreement under Article 121 of the Act which is applied mutatis mutandis pursuant to Article 132 (3) of the Act;
(i) Orders under Article 122 of the Act which is applied mutatis mutandis pursuant to Article 132 (3) of the Act;
(j) Acceptance of reports on the transfer of a business under Article 124 of the Act which is applied mutatis mutandis pursuant to Article 132 (3) of the Act;
(k) Acceptance of reports on merger of a business under Article 125 of the Act which is applied mutatis mutandis pursuant to Article 132 (3) of the Act;
(l) Acceptance of reports on inheritance under Article 126 (2) of the Act which is applied mutatis mutandis pursuant to Article 132 (3) of the Act;
(m) Permission for, or acceptance of a report on, the temporary closure of a business or air route under Article 127 of the Act which is applied mutatis mutandis pursuant to Article 132 (3) of the Act;
(n) Approval for, or acceptance of a report on, the permanent closure of a business or air route under Article 128 of the Act which is applied mutatis mutandis pursuant to Article 132 (3) of the Act;
(o) Revocation of registration or order for suspension of business under Article 129 of the Act which is applied mutatis mutandis pursuant to Article 132 (3) of the Act;
(p) Imposition and collection of a penalty surcharge under Article 131 of the Act which is applied mutatis mutandis pursuant to Article 132 (3) of the Act;
45. The following matters for an aircraft-using business under Article 134 of the Act:
(a) Registration of business using aircraft under Article 134 (1) of the Act;
(b) Approval for postponement of operation under Article 115 of the Act which is applied mutatis mutandis pursuant to Article 134 (3) of the Act;
(c) Authorization for a business plan under Article 120 of the Act which is applied mutatis mutandis pursuant to Article 134 (3) of the Act;
(d) Orders under Article 122 of the Act (excluding subparagraph 2 of the same Article) which is applied mutatis mutandis pursuant to Article 134 (3) of the Act;
(e) Acceptance of a report on the transfer of a business under Article 124 of the Act (excluding paragraph (2) 1 of the same Article) which is applied mutatis mutandis pursuant to Article 134 (3) of the Act;
(f) Acceptance of a report on merger of a business under Article 125 of the Act which is applied mutatis mutandis pursuant to Article 134 (3) of the Act;
(g) Acceptance of a report on inheritance under Article 126 (2) of the Act which is applied mutatis mutandis pursuant to Article 134 (3) of the Act;
(h) Approval for the discontinuance of a business or acceptance of a report thereon under Article 128 of the Act which is applied mutatis mutandis pursuant to Article 134 (3) of the Act;
(i) Revocation of registration or orders for suspension of business under Article 129 of the Act which is applied mutatis mutandis pursuant to Article 134 (3) of the Act;
(j) Imposition and collection of penalty surcharges under Article 131 of the Act which is applied mutatis mutandis pursuant to Article 134 (3) of the Act;
(k) Acceptance of reports on the suspension of business using aircraft under Article 134 (4) of the Act;
46. The following matters for a ground support service under Article 137 of the Act:
(a) Registration of a ground support service under Article 137 (1) of the Act;
(b) Orders under Article 122 of the Act which is applied mutatis mutandis pursuant to Article 142 (1) of the Act;
(c) Acceptance of a report on the transfer of a business under Article 124 of the Act which is applied mutatis mutandis pursuant to Article 142 (1) of the Act;
(d) Acceptance of reports on merger of a business under Article 125 of the Act which is applied mutatis mutandis pursuant to Article 142 (1) of the Act;
(e) Acceptance of reports on inheritance under Article 126 of the Act which is applied mutatis mutandis pursuant to Article 142 (1) of the Act;
(f) Acceptance of reports on the suspension of business under Article 127 of the Act which is applied mutatis mutandis pursuant to Article 142 (1) of the Act;
(g) Acceptance of reports on the discontinuance of a business under Article 128 of the Act which is applied mutatis mutandis pursuant to Article 142 (1) of the Act;
(h) Revocation of registration or order for suspension of business under Article 129 of the Act which is applied mutatis mutandis pursuant to Article 142 (1) of the Act;
(i) Imposition and collection of penalty surcharges under Article 131 of the Act which is applied mutatis mutandis pursuant to Article 142 (1) of the Act;
47. Matters under the following items for an aircraft maintenance service under Article 137-2 of the Act:
(a) Registration of an aircraft maintenance service under Article 137-2 (1) of the Act;
(b) Orders under Article 122 of the Act which is applied mutatis mutandis pursuant to Article 142 (2) of the Act;
(c) Acceptance of reports on the transfer of a business under Article 124 of the Act which is applied mutatis mutandis pursuant to Article 142 (2) of the Act;
(d) Acceptance of reports on merger of a business under Article 125 of the Act which is applied mutatis mutandis pursuant to Article 142 (2) of the Act;
(e) Acceptance of reports on inheritance under Article 126 of the Act which is applied mutatis mutandis pursuant to Article 142 (2) of the Act;
(f) Acceptance of reports on the suspension of business under Article 127 of the Act which is applied mutatis mutandis pursuant to Article 142 (2) of the Act;
(g) Acceptance of reports on the discontinuance of a business under Article 128 of the Act which is applied mutatis mutandis pursuant to Article 142 (2) of the Act;
(h) Revocation of registration or orders for suspension of business under Article 129 of the Act which is applied mutatis mutandis pursuant to Article 142 (2) of the Act;
(i) Imposition and collection of penalty surcharges under Article 131 of the Act which is applied mutatis mutandis pursuant to Article 142 (2) of the Act;
48. Matters concerning the maintenance organization certification, etc. under Article 138 of the Act;
49. The following matters for commercial document delivery business, general sales agencies and city air terminal business under Article 139 of the Act:
(a) Reports on commercial document delivery business, general sales agencies or city air terminal business under Article 139 (1) and (2) of the Act;
(b) Orders under Article 122 of the Act which is applied mutatis mutandis pursuant to Article 142 (3) of the Act;
(c) Reports on the suspension of business under Article 127 of the Act which is applied mutatis mutandis pursuant to Article 142 (3) of the Act;
(d) Reports on the discontinuance of a business under Article 128 of the Act which is applied mutatis mutandis pursuant to Article 142 (3) of the Act;
(e) Orders for the closure of a place of business or suspension of business under Article 129 of the Act which is applied mutatis mutandis pursuant to Article 142 (3) of the Act;
(f) Imposition and collection of penalty surcharges under Article 131 of the Act which is applied mutatis mutandis pursuant to Article 142 (3) of the Act;
50. Permission for takeoff and landing of foreign aircraft for non-business purposes under Article 144 of the Act (excluding aircraft of nationality of countries with no amity);
51. Permission for internal use of foreign aircraft under Article 145 of the Act;
52. Authority concerning orders for reporting, inspection, inquiry, the temporary suspension of operation and management of aircraft and navigation safety facilities and the temporary suspension of business under Article 153 of the Act (limited to matters related to affairs delegated to the Commissioner of a Regional Aviation Administration);
53. Holding hearings under Article 154-2 of the Act (limited to matters related to affairs delegated to the Commissioner of a Regional Aviation Administration);
54. Imposition and collection of fines for negligence under Article 184 of the Act (limited to matters related to affairs delegated to the Commissioner of the Regional Aviation Administration and the fines for negligence under subparagraphs 1 through 5 and 10 of Article 182 of the Act, subparagraphs 1, 3 and 4 of Article 182-2 of the Act, subparagraphs 2, 5 and 6 of Article 183 of the Act and subparagraphs 2 and 3 of Article 183-2 of the Act).
(3) The Minister of Land, Transport and Maritime Affairs shall delegate the following authority to the Director of the Korea Air Traffic Center pursuant to Article 154 (1) of the Act:
1. Orders for medical examination under Article 32 of the Act on air traffic controllers;
2. Matters concerning cooperation with the head of a related administrative agency to ensure the safety of air traffic under Article 38-4 of the Act;
3. Testing on ingestion of alcoholic beverages, etc. and on whether they are used under Article 47 (3) of the Act (limited to testing on air traffic controllers; hereafter the same shall apply in this subparagraph) and testing by means of blood collection, urine analysis, etc. under paragraph (4) of the same Article;
4. Instruction of air traffic under Article 70 (1) of the Act, offering of advice and information related to operation of aircraft under paragraph (2) of the same Article, and offering information on aircraft required for a search and rescue under paragraph (3) of the same Article;
5. Offering of aviation information under Article 73 (1) of the Act;
6. Publication of aeronautical charts under Article 73 (2) of the Act;
7. The following authority for navigation safety facilities (limited to radar facilities (ARSR/SSR/ARTS), global navigation satellite facilities (GNSS/SBAS/GRAS) and automatic dependent surveillance facilities (ADS) from among aviation information and communication facilities or navigation safety radio facilities used for the purpose of air routes):
(a) Permission for installation under Article 75 (2) of the Act;
(b) Announcement and public notification under Articles 76, 77 (2), 78 (2) and 79 (2) of the Act;
(c) Inspections of completion under Article 77 (1) of the Act;
(d) Receipt of notifications of change under Article 78 of the Act;
(e) Receipt of notifications of suspension, closure or resumption of use under Article 79 (1) of the Act;
(f) Inspection of management under Article 80 (2) of the Act;
(g) Performance of aviation communications affairs under Article 80-3 of the Act;
(h) Revocation of permission for installation under Article 81 of the Act;
(i) Receipt of notification of succession of status under Article 87 of the Act;
(j) Announcement and public notification, receipt of notification of suspension, closure or resumption of use, and inspection of management under Articles 76, 77 (2), 79 and 80 (2) of the Act which are applied mutatis mutandis pursuant to Article 111 of the Act;
8. Permission for navigation of foreign aircraft under Article 144 (1) 3 of the Act among aircraft under paragraph (1) of the same Article;
9. Matters concerning requests for reporting, etc. under Article 153 of the Act (limited to matters related to affairs delegated to the Director of the Korea Air Traffic Center);
10. Holding hearings under Article 154-2 of the Act (limited to matters related to affairs delegated to the Director of the Korea Air Traffic Center).
(4) Pursuant to Article 154 (3) of the Act, the Minister of Land, Transport and Maritime Affairs shall entrust his/her authority for approval for repair and modification of aircraft for use by a State agency, etc. among the authority for approval for repair and modification prescribed in Article 19 of the Act to the head of a central administrative agency that owns or leases and operates such aircraft.
(5) Pursuant to Article 154 (5) of the Act, the Minister of Land, Transport and Maritime Affairs shall entrust his/her duties 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"):
1. Duties concerning the examination for certification of qualifications, the examination for the restriction on certification of qualifications and the issuance of certificates of qualifications under Article 29 of the Act;
2. Duties concerning the certification of instrument flights, the certification of flight instruction and the issuance of certificates related thereto under Article 34 of the Act;
3. Duties concerning the issuance of certificates of proficiency of spoken English for aviation under Article 34-2 (3) of the Act;
4. Duties concerning receipt and handling of voluntary reports on aviation safety under Article 49-4 of the Act.
(6) The Korea Transportation Safety Authority shall, when it performs the duties entrusted under paragraph (5), promptly report the performance of such duties to the Minister of Land, Transport and Maritime Affairs.
(7) The Minister of Land, Transport and Maritime Affairs shall entrust the following business to the Aerospace Medical Association of Korea incorporated with permission from the Minister of Land, Transport and Maritime Affairs therefor pursuant to Article 32 of the Civil Act, under Article 154 (6) of the Act:
1. The following business among those concerning the certification of medical examination for aircrew under Article 31 of the Act:
(a) Business relating to the examination of whether the certification of medical examination is conducted in a proper way;
(b) Business relating to the re-issuance of the certificates of medical examination;
2. The business concerning the education of specialized aviation doctors under Article 31-2 (3) of the Act.
(8) Pursuant to Article 154 (7) of the Act, the Minister of Land, Transport and Maritime Affairs shall entrust his/her business concerning the conduct of the examination for the certification of proficiency of spoken English for aviation to such a specialized agency or organization designated and published by the Minister of Land, Transport and Maritime Affairs from among those specialized in the appraisal of English proficiency with the organization, human resources, etc. determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Presidential Decree No. 21719, Sep. 9, 2009]
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 Article 64 (Standards for Imposition of Fines for Negligence)   print
(1) The standards for imposition of fines for negligence under Articles 182, 182-2, 183 and 183-2 through 183-4 of the Act are as prescribed in attached Table 7.
(2) The Minister of Land, Transport and Maritime Affairs may increase or reduce the amount of fines for negligence provided for in attached Table 7 within the extent half the amount thereof, taking into account the severity, frequency, etc. of offense. In such cases, the total amount of fines for negligence, even if increased, shall not exceed the maximum amount of fines for negligence set forth in Articles 182, 182-2, 183 and 183-2 through 183-4 of the Act.
[This Article Newly Inserted by Presidential Decree No. 21719, Sep. 9, 2009]
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the provisions of Article 44 shall enter into force on July 1, 1993.
(2) (Transitional Measures concerning Disposition of Fines for Negligence) The provisions of the attached Table 2 shall apply to the portion which is subject to the imposition of a penalty surcharge against any offense committed after this Decree enters into force.
(3) (Transitional Measures concerning Standards for Registration of Aircraft-Using Business) Notwithstanding the provisions of the attached Table 3, any business using aircraft licensed pursuant to the previous provisions at the time this Decree enters into force shall be considered to have conformed to such standards.
(4) Omitted.
ADDENDA<Presidential Decree No. 13870, Mar. 6, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM<Presidential Decree No. 14322, Jul. 11, 1994>
This Decree shall enter into force on the date of its promulgation: Provided, That the revised provisions of Article 63 (3) shall enter into force on March 1, 1995.
ADDENDA<Presidential Decree No. 14438, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 14447, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 14450, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA<Presidential Decree No. 14721, Jul. 6, 1995>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM<Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDA<Presidential Decree No. 16511, Aug. 6, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, the amended provisions of Articles 51-2, 52, and 54 shall enter into force on January 1, 2001.
Article 2 (Transitional Measures concerning Levy of Fines)
Notwithstanding the amended provisions of the attached Table 2, levy of fines with respect to the violations prior to the enforcement of this Decree shall be in accordance with the old provisions.
Article 3 Omitted.
ADDENDA<Presidential Decree No. 16891, Jul. 1, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2000. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA<Presidential Decree No. 16892, Jul. 1, 2000>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Imposition of Fines) Notwithstanding the amended provisions of the attached table 2, imposition of fines on the violations committed before the enforcement of this Decree shall be governed by the previous provisions.
ADDENDA<Presidential Decree No. 17173, Mar. 27, 2001>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) Omitted.
ADDENDA<Presidential Decree No. 17269, Jun. 30, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2001. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA<Presidential Decree No. 17406, Nov. 7, 2001>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to Articles 59-2 through 59-4 and subparagraph 10 (b) through (d) in the attached Table 2 shall enter into force on November 13, 2001.
(2) (Transitional Measures concerning Imposition of Surcharge) Imposition of surcharge on the offenses committed prior to the enforcement of this Decree shall be governed by the previous provisions, notwithstanding the amended provisions of the attached Table 2.
ADDENDA<Presidential Decree No. 17706, Aug. 12, 2002>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) Omitted.
ADDENDA<Presidential Decree No. 17790, Nov. 29, 2002>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) and (3) Omitted.
ADDENDA<Presidential Decree No. 17816, Dec. 26, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2003.
Articles 2 through 17 Omitted.
ADDENDA<Presidential Decree No. 18117, Nov. 4, 2003>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to Article 63 (2) 11 through 11-4 and paragraphs (3) 4 and (5) of the same Article shall enter into force on January 26, 2004, and the amendments to the attached Table 2 shall enter into force on July 1, 2004.
(2) (Transitional Measures concerning Imposition of Penalty) The previous provisions shall govern any imposition of penalty on the offenses committed before this Decree enters into force, notwithstanding the amendments to the attached Table 2.
ADDENDUM<Presidential Decree No. 18468, Jun. 29, 2004>
This Decree shall enter into force on July 1, 2004.
ADDENDA<Presidential Decree No. 19195, Dec. 28, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 19281, Jan. 20, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 22, 2006.
Articles 2 through 9 Omitted.
ADDENDA<Presidential Decree No. 19503, Jun. 7, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 8, 2006. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA<Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 19607, Jul. 4, 2006>
(1) (Enforcement Date) This Decree shall enter into force on July 9, 2006: Provided, That the amendments to Article 9-2, 13 (2) 4 and 63 (5) shall take effect on January 1, 2008.
(2) (Transitional Measures concerning Imposition of Penalty) The previous provisions shall govern any imposition of penalty on the offenses committed before this Decree enters into force, notwithstanding the amendments to the attached Table 2.
ADDENDUM<Presidential Decree No. 20110, Jun. 26, 2007>
This Decree shall enter into force on June 29, 2007.
ADDENDA<Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA<Presidential Decree No. 20778, May 6, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 11, 11-2 through 11-7, 44-6, Article 63 (2) 6-4, 23-3, 23-4, 28-5, 32-4, 33, 36 and 36-2, Article 63 (3) 28-7, Article 68 (8) 5-2, 13,16-2, 29-4 and 29-5 and Article 63 (9) 2, and Article 3 of this addenda shall enter into force on June 22, 2008.
Article 2 (Transitional Measures concerning Imposition and Collection of Penalty Surcharges)
The previous provisions shall apply to the measure of imposition of penalty surcharges on a violation committed before this Act enters into force.
Article 3 Omitted.
ADDENDA<Presidential Decree No. 21025, Sep. 22, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 21372, Mar. 25, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2009.
Article 2 (Special Cases concerning Imposition of Noise Charges)
Notwithstanding the amended provisions of Article 44 (2) 3 and 4, noise charges under the following subparagraphs shall be imposed on and collected from airplanes of which noise levels fall under Level 5 and Level 6 until October 31, 2011:
1. Level 5: An amount equivalent to 15/100 of the landing fee of the relevant airplane; and
2. Level 6: An amount equivalent to 10/100 of the landing fee of the relevant airplane.
Article 3 (Transitional Measures concerning Imposition and Collection of Noise Charges on Owner, etc. of Airplane Violating Low-Noise Air Service Procedures)
Notwithstanding the amended provisions of Article 44 (2), the previous provisions shall apply to the imposition and collection of noise charges on an owner, etc. of an airplane which has violated low-noise air service procedures under Article 108-2 (1) of the Act before this Decree enters into force.
ADDENDA<Presidential Decree No. 21473, May 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA<Presidential Decree No. 21719, Sep. 9, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 10, 2009.
Article 2 (Transitional Measures)
With respect to the penalty surcharges and fines for negligence to be imposed for offenses committed before this Decree enters into force, the previous provisions shall prevail.
Article 3 Omitted.
ADDENDA<Presidential Decree No. 22214, Jun. 22, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2010.
Article 2 (Transitional Measures concerning Airport Operating Certificates)
Any airport operator granted an airport operating certificate pursuant to the previous provisions at the time this Decree enters into force shall get his/her airport operating certificate reissued, by no later than December 31, 2010, according to the classification of airport operating certificates under the amended provisions of Article 44-3.
ADDENDA<Presidential Decree No. 22224, Jun. 28, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2010.
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 22387, Sep. 7, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 23, 2010.
Articles 2 and 3 Omitted.
ADDENDA<Presidential Decree No. 22493, Nov. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 18, 2010.
Articles 2 through 5 Omitted.