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ENFORCEMENT DECREE OF AVIATION SAFETY AND SECURITY ACT

Article 1 (Purpose)

The purpose of this Decree shall be to prescribe matters delegated by the Aviation Safety and Security Act and matters necessary for the enforcement thereof.

Article 2 (Organization etc. of Aviation Safety Council) (1) The Aviation Safety Council (hereinafter referred to as the "ASC") under the provisions of Article 7 (1) of the Aviation Safety and Security Act (hereinafter referred to as the "Act") shall consist of twenty or less Councilors, including one Chairperson.

(2) The Councilors of the ASC shall be the following persons:

1. one such public official of Grade I or any other such public official holding a position equivalent thereto (including any public official in general or contractual service who is also a member of the Senior Executive Service) as nominated by the head of and as holding a position with each of: the Ministry of Foreign Affairs and Trade, the Ministry of Justice, the Ministry of National Defense, Ministry of Culture, Sports and Tourism, the Ministry of Food, Agriculture, Forestry and Fisheries, the Ministry for Health, Welfare and Family Affairs, the National Intelligence Service, the Korea Customs Service, the National Police Agency, and the National Maritime Police Agency; and

2. any such person(s) with an appropriate level of learning and experience in aviation safety and security as commissioned by the Minister of Land, Transport and Maritime Affairs.

(3) The Chairperson shall represent the ASC and be ultimately responsible for its affairs.

(4) The Chairperson shall convene and chair the meetings of the ASC. (5) One Coordinator administering the affairs of the ASC shall be appointed by the Minister of Land, Transport and Maritime Affairs among the public officials holding positions with the Ministry of Land, Transport and Maritime Affairs.

(6) Matters necessary for the operation of the ASC shall be determined, except as prescribed by this Decree, by the Chairperson upon the resolution of the ASC. Article 3 (Organization etc. of Airport Operational Safety Council) (1) The Airport Operational Safety Council (hereinafter referred to as the "AOSC") under the provisions of Article 8 (1) of the Act shall consist of ten or less Councilors, including one Chairperson.

(2) The Councilors of the ASOC shall be appointed among the following persons:

1. the employees of the applicable airport operator;

2. such employees of an air carrier as stationed at the applicable airport; and

3. any other person(s) as commissioned by the Chairperson to ensure aviation safety and security.

(3) The Chairperson shall be the Commissioner of the Regional Aviation Administration exercising jurisdiction over the applicable airport or any other person nominated by such Commissioner.

(4) The Chairperson shall represent the AOSC and be ultimately responsible for its affairs.

(5) The Chairperson shall convene and chair the meetings of the AOSC. (6) One Coordinator administering the affairs of the ASOC shall be appointed among the public officials holding positions with the Regional Aviation Administration by its Commissioner.

(7) Matters necessary for the operation of the AOSC shall be determined, except as prescribed by this Decree, by the Chairperson upon the resolution of the AOSC. Article 4 (Duties of AOSC)

The AOSC shall provide consultation on the following matters:

1. Matters concerning the security program for the master plan under the provisions of Article 10 (1) of the Act (hereinafter referred to as a "security program");

2. matters concerning the safety and security of airport facilities;

3. matters concerning the safety and security of aircraft;

4. matters concerning emergency(contingency) plans of the airport; and

5. any other matters concerning the safety and security of the airport. Article 5 (Substance of Master Plan)

(1) The master plan for aviation safety and security under the provisions of Article 9 (1) of the Act (hereinafter referred to as the "master plan") shall include the following:

1. overall guidelines for aviation safety and security;

2. mid- to long-term course of action for aviation safety and security;

3. the roles of relevant administrative agencies for aviation safety and security;

4. the roles of the airport operators et al. under the provisions of Article 10 (1) of the Act (hereinafter referred to as "airport operators et al.") for aviation safety and security;

5. contingency plans for aviation safety and security;

6. improvement plans for aviation safety and security equipment;

7. training plans for aviation safety and security;

8. international cooperation for aviation safety and security;

9. detailed operational guidelines for aviation safety and security; and

10. any other matters as may be necessary for aviation safety and security. (2) Upon the establishment of a master plan, the Minister of Land, Transport and Maritime Affairs shall notify airport operators et al. of its substance.

Article 6 (Approval etc. of Security Program)

(1) The Minister of Land, Transport and Maritime Affairs shall, when intending to approve of an implementation plan under the provisions of Article 10 (1) of the Act, review the following matters:

1. its conformity with the Convention on International Civil Aviation, Annex 17 thereto, and any other international agreements on aviation safety and security; and

2. its conformity with the master plan. (2) If airport operators et al. have developed a security program and intend to obtain the approval thereof from the Minister of Land, Transport and Maritime Affairs, such airport operators et al. shall consult with the ASC. Article 7 (Security Program of Airport Operator)

The security program developed for an individual airport by its operator shall include the following:

1. the organization and activities of an aviation safety and security organization, and the designation of a security manager;

2. training in aviation safety and security;

3. procedures for communicating and reporting information on aviation safety and security;

4. measures for guarding airport facilities;

5. designation of security restricted areas and access control;

6. security screening of passengers, carry-on baggage, and checked baggage; 6-2. security screening of transit or transfer passengers and their carry-on baggage;

7. plans for the operation of security screening personnel;

8. aviation safety and security control measures for airport tenants (those located outside security restricted areas only);

9. the maintenance and operation of aviation safety and security equipment;

10. measures for security screening failures etc. and the reporting and communication system therefor; and

11. the keeping and maintenance of security screening records Article 8 (Security Program of Air Carrier)

The security program developed by the air carrier under the provisions of Article 10 of the Act shall include the following:

1. the organization and activities of an aviation safety and security organization, and the designation of a security manager;

2. training in aviation safety and security;

3. procedures for communicating and reporting information on aviation safety and security;

4. security measures for aircraft maintenance facilities and any other facilities maintained and/or operated by the air carrier; and

5. the following matters concerning aircraft security: (a) measures for aircraft;

(b) security checkups on any aircraft to be conducted prior to and following its flight;

(c) security and control procedures for parked aircraft; (d) security measures for any aircraft in flight; (e) procedures for handling any person violating the obligation to cooperate in maintaining safety under the provisions of Article 23 of the Act; (f) procedures for transporting prisoner et al. under the provisions of Article 24 of the Act;

(g) procedures for handing over offenders under the provisions of Article 25 of the Act;

(h) procedures for the operation of in-flight security personnel and weapons; (i) security measures for aircraft on international routes; (j) aviation safety and security measures against increased threats to aircraft; (k) procedures for entering the cockpit and measures for enhancing the safety of the door to it;

(l) the authority of the pilot-in-command and the procedures for delegating such authority; and

(m) procedures for operating security equipment within the aircraft;

6. security measures for catering supplies and catering stores;

7. security screening of cargo;

8. procedures for providing routing information under the provisions of Article 17 (3) of the Act;

9. plans for the operation of security screening personnel;

10. procedures for loading and transporting hazardous items;

11. procedures for verifying a match between each passenger and his or her baggage;

12. procedures for denial of boarding;

13. measures for maintaining the safety and security of flight documents;

14. keeping and maintenance of security screening records;

15. measures for controlling access passes for security restricted areas; and

16. any other matters as may be necessary for aviation safety and security. Article 9 (Security Program of Aircraft-Handling Company et al.) Any security program developed under the provisions of Article 10 of the Act by aircraft-handling companies, aircraft maintenance companies, airport tenants (those located within secure areas only), air passenger and cargo terminal operators, and any other persons as prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs, shall include the following:

1. the organization and activities of an aviation safety and security organization, and the designation of a security manager;

2. training in aviation safety and security;

3. procedures for communicating and reporting information on aviation safety and security;

4. measures for controlling access passes for security restricted areas;

5. facility security and security screening measures for applicable facilities;

6. the maintenance and operation of aviation safety and security equipment; and

7. any other matters for aviation safety and security. Article 10 (Security Screening Methods etc. for Passengers and Carry-on Baggage) (1) The airport operator shall perform security screening of all passengers and their carry-on baggage, using walking through metal detectors hand-held metal detectors and/or x-ray scanners (hereinafter referred to as "scanning equipment"), prior to the boarding of aircraft by such passengers, where explosives detection equipment shall be used if it is suspected that there are explosives. (2) The airport operator shall take such measures as may be necessary to prevent, any passenger refusing to submit to security screening or carrying weapons, explosives, or any other items threatening aviation safety and security, from entering security screened areas(sterile areas)

(3) The airport operator shall perform physical searches and/or open searches with the consent of the passenger in any of the following cases:

1. where scanning equipment is not installed or not in normal operation;

2. where scanning equipment sets off an alarm;

3. where the passenger is suspected to be carrying or hiding weaponry and/or hazardous items; or

4. where the contents of baggage may not be identified despite x-ray scanning; or (4) The airport operator may allow any items prohibited from being carried into the cabin to be loaded as checked baggage if such items are deemed to pose no threat to aviation safety and security.

Article 11 (Security Screening Methods etc. for Checked Baggage) (1) The air carrier shall cause the airport operator to perform security screening of the checked baggage of the passengers carrying boarding passes only, where the air carrier shall, prior to causing the airport operator to perform security screening, verify whether the checked baggage in question is owned by a passenger carrying a boarding pass as well as whether such baggage is an hazardous item. (2) The airport operator shall perform security screening of the checked baggage under the provisions of paragraph (1) by using x-ray scanners prior to the loading thereof onto the aircraft and, in any of the following cases, open the checked baggage and search its contents, where explosives detection equipment shall be used if it is suspected that there are explosives:

1. where x-ray scanners are not installed or not in normal operation;

2. where weaponry and/or hazardous items are suspected to be hidden;

3. where the contents of baggage may not be identified despite x-ray scanning; or

4. where threats to aviation safety and security have increased or other extraordinary events have occurred.

(3) The airport operator shall take such measures as may be necessary to prevent security screened baggage from mixing with checked baggage of which security screening has not been completed, and maintain protective measures for security screened baggage until it is loaded onto aircraft. (4) The air carrier shall load security screened baggage but shall not do so unless its owner boards the aircraft; provided, however, that if such baggage is incorrectly handled and thereby requires transportation on a different aircraft, the air carrier may load such baggage after taking separate security measures. Article 12 (Security Screening Methods etc. for Cargo) (1) The provisions of Article 11 (2) shall be applicable mutatis mutandis to the security screening by the air carrier of any cargo to be loaded onto passenger aircraft. (2) The air carrier shall perform security screening of any cargo to be loaded onto passenger aircraft in any of the following manners:

1. open search;

2. search using x-ray scanners;

3. search using explosives detection equipment;

4. search using explosives detection dogs; and/or

5. search using pressure chambers. (3) The air carrier may be allowed not to perform security screening of the cargo of any person who is deemed by the Minister of Land, Transport and Maritime Affairs to meet such cargo security standards as prescribed and published by the Minister, covering, inter alia, the maintenance of security screening equipment and personnel, and cargo security measures in place if an agreement on the responsibility and procedures for security screening of cargo (cargo to be loaded onto cargo aircraft only) has been entered into with such person. Article 13 (Security Screening Methods etc. for the Disabled) (1) The airport operator may perform security screening of any disabled person wearing any medical aids or devices, pregnant or lactating woman, patient with serious medical conditions, or any such other person as recognized by the Minister of Land, Transport and Maritime Affairs, at a place other than where security screening is performed in an ordinary manner. (2) The airport operator shall not perform open searches of any diplomatic bags satisfying all of the following requirements:

1. to be carried by any person who carries official documents certifying his or her status as a diplomatic courier and stating the number of diplomatic bags; and

2. to bear, on the outside each bag, markings identifying the country and that it is a diplomatic bag.

(3) The airport operator or air carrier may conduct open searches, verify evidentiary documents, or otherwise perform security screening of any of the following items that may perish or of which original shape or quality may be damaged if scanning equipment is used to perform security screening under the provisions of Article 15 of the Act:

1. bone marrow, blood, and other life-saving medical supplies;

2. the remains of the dead and corpses;

3. transplant organs; or

4. any such other items similar to those set forth in subparagraphs 1 through 3 as permitted by the Minister of Land, Transport and Maritime Affairs. Article 14 (Request of Chief of Competent State Police Agency for Necessary Measures )

Under the provisions of the proviso of Article 15 (2) of the Act, the chief of the competent state police agency may, if necessary for criminal investigation and the prevention of danger to the public, request the airport operator or air carrier to take the following necessary measures:

1. cooperation in, inter alia, random questioning of those subject to security screening, physical searches thereof, and searches of items;

2. security screening in a manner deemed necessary among the methods under the provisions of Articles 10 through 12; or

3. reinforcing of security screening personnel to enhance the level of screening. Article 15 (Exemption From Security Screening)

Any of the following persons may be exempted from the security screening under the provisions of Article 15 of the Act:

1. any head of state who travels abroad on official duty; or

2. any person who is exempt from security screening under international agreements etc.

Article 16 (Security Screening Methods etc. of Transit or Transfer Passengers )

The provisions of Articles 10, 13, and 15 shall be applicable mutatis mutandis to the security screening by the airport operator of transit or transfer passengers under the provisions of Article 17 (2) of the Act. Article 17 (Measures for Unscreened Passengers etc.) (1) The airport operator and air carrier shall take such measures as may be necessary to prevent, any passenger, carry-on baggage, checked baggage, or cargo of which security screening has not been completed, from entering sterile areas (2) The air carrier shall take such measures as may be necessary to prevent any transit or transfer passenger from failing to board the designated aircraft, or leaving without authorization or escaping from transit and transfer areas. Article 18 (Prohibition etc. of Other Duties)

The airport operator, air carrier or security screening company may not cause or permit security screening personnel to perform any other duties when performing security screening duties.

Article 19 (Carrying of Weapons in Cabin)

The weapons that may be carried into the cabin under the provisions of Article 21 of the Act are as follows:

1. any spray or air-taser under the provisions of Articles 6-2 and 6-3 of the Control of Firearms, Swords, Explosives, etc. Act; or

2. any other weapon that may be carried under international agreements. Article 19-2 (Conduct of Joint Field Inspections) (1) The Minister of Land, Transport and Maritime Affairs may conduct joint field inspections with relevant administrative agencies under Article 33 (2) of the Act in any of the following cases:

1. where an international convention participated by any heads of state, representatives of international organizations, or other important figures within or outside the country is held;

2. where the Olympic Games, the Asian Games, any international exhibition, or any other international event is held; or

3. where such inspections are otherwise deemed necessary by the Minister of Land, Transport and Maritime Affairs for the protection of airport facilities and aircraft. (2) The conduct of any joint field inspection under paragraph (1) shall require a prior consultation with the ASC on, inter alia, its necessity and inspection items unless urgency is required.

[Article added June 22, 2006]

Article 20 Deleted.

ADDENDA (Ministry of Land, Transport and Maritime Affairs and Its Organization) )

Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation. Article 2 (Amendment of Other Laws)

Paragraphs (1) through (5) omitted.

(6) The Enforcement Decree of the Aviation Safety and Security Act shall be amended in part as follows:

In Articles 12 (3), 13 (1), and 13 (3) 4, the words "the Minister of Land, Transport and Maritime Affairs" shall be substituted for "the head of the Aviation Safety Center". Article 20 shall be deleted.

(7) Omitted.