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Laws of the Republic of Korea |
-------------------------------------------------------------------------------- Wholly Amended by Presidential Decree No. 13710, Aug. 17, 1992 Amended by Presidential Decree No. 13870, Mar. 6, 1993 Presidential Decree No. 14322, Jul. 11, 1994
Presidential Decree No. 14438, Dec. 23, 1994
Presidential Decree No. 14447, Dec. 23, 1994
Presidential Decree No. 14450, Dec. 23, 1994
Presidential Decree No. 14721, Jul. 6, 1995
Presidential Decree No. 15598, Dec. 31, 1997
Presidential Decree No. 16511, Aug. 6, 1999
Presidential Decree No. 16891, Jul. 1, 2000
Presidential Decree No. 16892, Jul. 1, 2000
Presidential Decree No. 17173, Mar. 27, 2001
Presidential Decree No. 17269, Jun. 30, 2001
Presidential Decree No. 17406, Nov. 7, 2001
Presidential Decree No. 17706, Aug. 12, 2002
Presidential Decree No. 17790, Nov. 29, 2002
Presidential Decree No. 17816, Dec. 26, 2002
Presidential Decree No. 18117, Nov. 4, 2003
Presidential Decree No. 18468, Jun. 29, 2004
Presidential Decree No. 19195, Dec. 28, 2005
Presidential Decree No. 19281, Jan. 20, 2006
Presidential Decree No. 19503, Jun. 7, 2006
Presidential Decree No. 19513, Jun. 12, 2006
Presidential Decree No. 19607, Jul. 4, 2006
Presidential Decree No. 20110, Jun. 26, 2007
Presidential Decree No. 20722, Feb. 29, 2008
Presidential Decree No. 20778, May 6, 2008
Presidential Decree No. 21025, Sep. 22, 2008
Presidential Decree No. 21372, Mar. 25, 2009
Presidential Decree No. 21473, May. 6, 2009
Presidential Decree No. 21719, Sep. 9, 2009
Article 1 (Purpose)
The purpose of this Decree is to provide matters delegated by the Aviation Act (hereinafter
referred to as the "Act") and other
matters necessary for the enforcement thereof.
For the purpose of subparagraph 1 of Article 2 of the Act, the term "other apparatus to be
used for aviation that are prescribed
by the Presidential Decree" means the following:
1. Engine flying devices which exceed the range of self-weight, fuel capacity, etc. as
determined by the Ordinance of the Ministry
of Land, Transport and Maritime Affairs; and
2. Air spacecraft which has the ability to fly in and out of the atmosphere.
For the purpose of subparagraph 2 of Article 2 of the Act, the term "any such public agency
as determined by the Presidential Decree"
means the Korea National Park Service under
Article 44 of the Natural Parks Act.
For the purpose of subparagraph 4 of Article 2 of the Act, the term "airfields which are
determined by the Presidential Decree"
means the following:
1. Land airfields;
2. Land heliports;
3. Water airfields;
4. Water heliports;
5. Rooftop heliports (including ship heliports); and
6. Sea-floating heliports.
1. Basic facilities as prescribed in the following items:
(a) Aircraft take-off and landing system, such as runway, taxiway, apron,
landing
zone, etc.;
(b) Passengers and cargo service facilities, such as passenger terminal, cargo
terminal, etc.;
(c) Navigation safety facilities;
(d) Communication facilities, such as control office, transmitting and receiving
stations, communication stations, etc.;
(e) Meteorological observation facilities;
(f) Airport users parking facilities and guard and security facilities; and
(g) Airport users publicity and information facilities;
2. Support facilities as prescribed in the following items:
(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 and
supplying meals inside the
aircraft;
(c) Airport operation and management facilities for operating, maintaining and
repairing the airport;
(d) Airport users' accommodation and airport employees' welfare facilities;
(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, soundproof walls, pollution discharge
preventive
facilities, etc.;
(g) Water supply and sewerage systems, and electricity, communication, air
conditioning, heating facilities;
(h) Aircraft oil supply, oil storage and management facilities;
(i) Warehouse facilities for storage of air cargo; and
(j) Facilities
annexed to structures, which are required to operate and administer
an airport and carry on the air transportation business and
other related
business (hereinafter referred to as the "air transportation business, etc.");
3. City air terminal;
4. Passenger and cargo disposal facilities and aviation support facilities in heliport;
5. Facilities that are to be installed in a free trade zone which is located in an airport
area and designated pursuant to Article
4 of the Act on the Designation and
Operation of Free Trade Zones, and are recognized and published by the Minister
of Land, Transport
and Maritime Affairs as being necessary to smoothly operate
the relevant air port; and
6. Other facilities as deemed necessary by the Minister of Land, Transport and
Maritime Affairs for the operation and management
of the airport.
1. Horizontal surface;
2. Conical surface;
3. Approach surface and inner approach surface;
4. Transition surface and inner transition surface; and
5. Go-around surface.
(2) Necessary matters concerning the standards, etc. for obstacle limitation surfaces
referred to in paragraph
(1) shall be prescribed by the Ordinance of the Ministry of
Land, Transport and Maritime Affairs.
1. objective and strategy plan for national aviation policy;
2. development of domestic air transportation business;
3. efficient development of airports;
4. protection of airport users;
5. development of aviation safety technology; and
6. other matters prescribed by the Minister of Land, Transport and Maritime Affairs.
[This Article Newly Inserted by Presidential
Decree No. 20778, May 6, 2008]
Article 11-2 (Establishment of Aviation Policy Committee)
(1) The aviation policy committee (hereinafter
referred to as the "aviation policy
committee") under Article 2-6 of the Act shall be composed of less than 20 members
including
one chairman.
(2) The chairman of the aviation policy committee shall be the Minister of Land,
Transport and Maritime Affairs and members shall
be any of the following persons:
1. Vice Ministers 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. less that 13 persons with abundant knowledge and experience in aviation
nominated by the chairman.
(3) The term of office for members under paragraph (2), 2 shall be two years and may be
reelected.
(4) There shall be one manager who handles administrative matters of the aviation policy
committee, and the manager shall be nominated
by the chairman among high ranking
public officials in general service who belongs to the Ministry of Land, Transport
Maritime
Affairs.
(1) The chairman shall take overall control of the duties of the Committee and represent
the Committee.
(2) A person nominated by the chairman in advance shall assist the chairman and act for
the chairman if the chairman is unable to
perform his duties for unavoidable reasons.
[This Article Newly Inserted by Presidential Decree No. No. 20778, May 6, 2008]
Article
11-4 (Meeting)
(1) The chairman shall convene the meetings of the Committee and preside over such
meetings.
(2) Where the chairman summons a meeting, he shall notify the date and location of the
meeting and agendas to members before 5 days
from the meeting opening date.
Provided, the same shall not apply to the case where the situation is emergent or
where there exist
unavoidable reasons.
(3) 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.
(4) The committee may request persons concerned or experts to submit documents or
attend the
meeting or listen to their opinions if he considers necessary for deliberation
of agendas and other duties.
(5) The committee shall make and furnish conference records.
(2) The working-level committee shall be composed of less than 20 members including
one chairman.
(3) The chairman of the working-level committee shall be designated by the Minister of
Land, Transport and Maritime Affairs among
high ranking public officials in general
service who belong to the Ministry of Land, Transport Maritime Affairs.
(4) Members of
the working-level committee shall be as follows:
1. One person each nominated by the heads of relevant agencies from among state
public officials (including high ranking public officials
in general service) with the
ranks of Grade IV at the Ministry of Foreign Affairs and Trade, the Ministry of
National Defense,
the Ministry of Commerce, Industry and Energy, the Civil
Aviation Safety Authority, among public officials in general service;
2. one person nominated by the CEO of the Incheon International Airport
Corporation among executives of the Corporation under the
Incheon International
Airport Corporation Act.
3. one person nominated by the CEO of the Korea International Airport Corporation
among executives of the Corporation under the Korea
International Airport
Corporation Act.
4. one person with profound knowledge and experience in aviation nominated by the
chairman of the working-level committee.
(5) The term of office for members under paragraph (4) 4 shall be two years and may be
reelected.
(6) There shall be one manager in the working-level committee, and the manager shall be
nominated by the Minister of Land, Transport
and Maritime Affairs among high
ranking public officials in general service who belong to the Ministry of Land,
Transport Maritime
Affairs.
(7) Article 11-4 shall apply mutatis mutandis to the meeting of the working-level
committee.
Allowances and travel expenses may be paid within the limits of budget to the members for
attending any meeting of the aviation
policy committee and the working-level committee
under Article 11-4 (4) and 11-5 (7): Provided, That the same shall not apply to
the case
where any public officials attend any meeting of the Committee as members in relation to
matters in which they are in
charge.
[This Article Newly Inserted by Presidential Decree No. No. 20778, May 6, 2008]
Article 11-7 (Detailed Rules governing Committee
Operation)
The chairman shall determine matters concerning the operation of the Committee other than
those prescribed by this Decree
after going through a resolution of the Committee.
[This Article Newly Inserted by Presidential Decree No. No. 20778, May 6, 2008]
Article 12 (Scope of Aircraft not Required to be Registered)
For the purpose of the proviso to Article 3 of the Act, the term "aircraft
as prescribed by the
Presidential Decree" means the following ones:
1. Aircraft used by armed forces or customs house, or for the police services;
2. Aircraft introduced for the purpose of leasing to a foreign country, which is to
obtain a foreign nationality;
3. Aircraft which is manufactured in Korea, but of which owner other than
manufacturer is not decided; and
4. Where an aircraft registered in a foreign country is leased and operated under
Article 2-2 of the Act, the relevant aircraft.
(1) The Minister of Land, Transport and Maritime Affairs shall, when he certifies or
approves under the provisions of Articles 15,
15-2, 16, 17, 17-2, 17-3, 18 through 20 and
20-2 of the Act, or authorizes under Article 138 of the Act, inspect in advance the
aircraft
concerned or equipment, etc. as prescribed by the Minister of Land, Transport and
Maritime Affairs.
(2) In order to conduct the inspection as referred to in paragraph (1), the Minister of
Land, Transport and Maritime Affairs shall
appoint or commission a person conducting an
inspection of the aircraft (hereinafter referred to as an "inspector") from among those
falling under any one of the following subparagraphs:
1. A person who holds the qualification for aircraft mechanic or higher as referred
to in subparagraph 9 of Article 26 of the Act;
2. A person who holds the qualification for aeronautical engineer as referred to in
the National Technical Qualifications Act;
3. A person who has minimum three-year experience in the design, manufacture,
maintenance or quality assurance service of the aircraft
after obtaining a bachelor's degree
or higher related to the aeronautical technology; and
4. A person who has minimum five-year experience in the design, manufacture,
maintenance or quality assurance service of the aircraft
for use by a state agency, etc.
(3) If an inspector referred to in paragraph (2), who is not a public official of the
Ministry
of Land, Transport and Maritime Affairs, conducts an inspection, he may receive
any allowance within the limit of the budget.
1. Flying devices not using power;
2. Captive balloons (excluding those which people go on board) and moored-type
unmanned flying devices;
3. Parachutes;
4. Ultra light flying devices used for military purposes;
5. Unmanned aircraft or unmanned rotor flying devices which weigh 12 or less,
excluding the weight of fuel and whose total engine
displacement does not exceed 50;
6. Unmanned airships which weigh 12 or less, excluding the weight of fuel and
whose length does not exceed 7m with the total engine
displacement not exceeding 50;
7. Ultra light flying devices manufactured by research institutes, etc. for the purposes
of test, examination, research or development;
and
8. Ultra light flying devices manufactured by manufacturers, etc. for sale, which are
neither sold nor used for flight.
1. One person each nominated by the heads of relevant agencies from among state
public officials (in the case 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 Public
Officials in Foreign Service) with the ranks of Grade III at the Ministry of Foreign Affairs
and Trade, the Ministry of National
Defense, the Ministry of Commerce, Industry and
Energy, the Ministry of Land, Transport and Maritime Affairs, among public officials
in
general service who belong to the Senior Civil Service, or among military officers with the
corresponding ranks 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 force of the United States of America who are stationed in the Republic of
Korea
under the provisions of Article 4 of the Mutual Defense Treaty between the Republic
of Korea and the United States of America; and
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 chairman shall take overall control of the duties of the Committee and
represent the Committee.
(5) The vice chairman shall assist the chairman and act for the chairman if the
chairman is unable to perform his duties for unavoidable
reasons.
The Committee shall deliberate matters falling under each of the following subparagraphs:
1. Matters concerning the establishment, coordination, and administration of control
air space, non-control air space, restricted
air space and air space requiring attention under
the provisions of Article 38 (2) of the Act;
2. Matters concerning the making and amending 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 air space; and
4. Other matters concerning ways for aircraft to utilize safely and efficiently air
space and aviation facilities.
(1) The chairman 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.
(1) The Committee shall have a secretary assigned to handle administrative affairs.
(2) The secretary shall be appointed by the
Minister of Land, Transport and Maritime
Affairs from among public officials of the Ministry of Land, Transport and Maritime
Affairs.
Allowances and travel expenses may be paid within the limits of budget to the members for
attending any meeting of the Committee:
Provided, That the same shall not apply to the
case where any public officials attend any meeting of the Committee as members in
relation
to matters in which they are in charge.
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 Commanding General of
United States military forces in Korea
in their competent airspace; and
3. Other matters necessary for search of aircraft and lifesaving.
(2) Detailed matters necessary for establishing and implementing
the supporting plans
for 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.
(2) The standards for installation of an airfield as referred to in paragraph (1) shall be
as follows:
1. There shall be no obstacle impeding the take-off and landing of the aircraft in the
periphery of the airfield: Provided, That
this shall not apply in a case where it is deemed
possible to remove the obstacle without failure by the scheduled date of the work
of the
airfield;
2. The staying turning area in the air of the airfield (referring to a prescribed
airspace in the sky over the airfield which is
deemed necessary for the staying turning of an
aircraft intending to land on the airfield; hereinafter the same shall apply) shall
not overlap
that of an adjacent airfield; and
3. The length and width of the runway, landing zone and taxiway of the airfield and
the gradient of the surface, airfield beacon,
etc. shall conform to the standards as prescribed
by the Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3)
The standards for constructing any land airfield referred to in subparagraph 1 of
Article 9-3 shall be governed by the standards
that are set by the 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 use
the runway of the relevant land airfield
as shown in the attached Table 1 and the
classification letters that are set taking into account the width of main wings and the
outside
width of main landing gears of the aircraft that use the runway of the relevant land airfield.
1. The installation 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 installer of the airfield or navigation safety facilities shall be capable of
managing it;
4. The installation of the airfield or navigation safety facilities shall not infringe
remarkably on any interest of other persons;
and
5. In regards to the airfield, the applicant shall have the ownership or other rights to
use the site, or he shall be deemed to acquire
such right without failure by the time when
the work is scheduled.
1. The aeronautical lighting aids (referring to the equipment to aid the navigation of
aircraft by lighting; 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 blind the pilots
and air traffic controllers, and shall be installed
as a light structure so as not to inflict any
damage on the aircraft, but so as to make the light equipment break, when the aircraft
comes in contact with the exposed light equipment (runway edge lights, stopway lights,
taxiway edge lights, etc.), and buried light
equipment shall be manufactured and installed
so as not to inflict any damage on the 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
the attached Table 2; and
(c) Other luminous intensity and color tone, etc. of the aeronautical lighting
aids shall meet the criteria
as prescribed by the 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, it shall give no effect on other navigation safety
facilities already installed as far as it could;
(b) It shall be installed at a location to emit radio wave effectively;
(c) The monitoring device and standby power system, etc.
shall be provided;
(d) In cases where principal and reserve equipments are installed, the principal
equipment shall be replaced
automatically by the re serve one, 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 and repair, etc. shall be provided;
(f) The navigation safety facilities shall be installed in conformity with the
installation and technical standards that are prescribed
and published by the Ordinance of
the Ministry of Land, Transport and Maritime Affairs; and
3. The aeronautical information and communications facilities shall be installed
according to the following standards:
(a) They are required to be installed in a location that makes it possible to
communicate smoothly;
(b) They are required to have control devices and standby power system, etc.;
(c) They are required to have personnel, test and
measuring devices and spare
parts, etc. necessary to maintain and repair the facilities; and
(d) The aeronautical information and
communications facilities shall be installed
in conformity with the installation and technical standards that are set by the Ordinance
of
the Ministry of Land, Transport and Maritime Affairs.
(2) Where the Minister of Land, Transport and Maritime Affairs conducts an
inspection under paragraph (1) on the airports that have
obtained the airport administration
certificate under Article 111-2 (1) of the Act, he may refrain from conducting an inspection
on the airfield or on the facilities of aeronautical lighting aids from among the navigation
safety facilities.
(3) Necessary Matters concerning the procedures for and methods of inspection and
the items subject to the inspection referred to
in par agraph (1) shall be prescribed and
published by the head of Civil Aviation Safety Authority.
1. Name and address of the owner and other interested persons;
2. The seat, kind, area and quantity of the obstacle or land; and
3. Particulars of compensation for loss.
1. The name and address of the owner and other interested persons;
2. The seat, kind, area and quantity of the obstacle and other matters relating to it;
3. The method and time of alteration, movement and removal of the obstacle; and
4. Particulars of compensation for loss.
The Special Metropolitan City Mayor, the Metropolitan City Mayor or Do governor
(hereinafter referred to as the "Mayor/Do governor")
who receives a proposal of the draft
midand long-term master plan for airport development or the draft 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 perusal for
not less than one month.
1. airport zone; and
2. length and width of runway
[This Article Newly Inserted by Presidential Decree No. 21719, Sep. 9, 2009]
[The previous Article
24 transferred to Article 24-2 by Presidential Decree No. 21719, Sep.
9, 2009]
Article 24-2 (Insignificant Modification of Master Plan)
For the purpose of the proviso to Article 90 (3) of the Act, the term "insignificant
matters as
prescribed by the Presidential Decree" means the following matters:
1. Modification of the basic plan for airport development (hereinafter referred to as
the "basic plan") made in the limit not exceeding
10/100 of the scale and area of the airport
development projects; and
2. Shortening or extension of the period of projects made in the limit of 2 years.
Article 25 (Development and Publication of Master Plan, etc.)
(1) Under Article 91 of the Act, the Minister of Land, Transport and
Maritime Affairs
shall, when the master plan or the basic plan is developed pursuant to Article 89 (1) of the
Act, publish the
matters according to the following items in the Official Gazette. In the
event that the master plan or the basic plan is altered,
the altered matters shall also be
published.
1. in the case of the master plan: the matters falling under each of Article 89 (1) of the
Act; and
2. Act in the case of the basic plan: the matters falling under each of Article 89 (2) of
the Act..
(2) The basic plan that is published in accordance with paragraph (1) shall, when a
program for implementing the airport development
(hereinafter referred to as the
"implementation program") is not drawn up and published, lose its effect.
1. Name and address of the project operator (in the case of a juristic person, the title
and address of the juristic person and the
name and address of the representative);
2. Name of the airport and category of projects;
3. Object and details of projects;
4. Period and method of execution of projects; and
5. Other matters necessary for executing projects.
(2) The application as referred to in paragraph (1) shall be accompanied with
the
following documents and drawings:
1. An implementation plan, scheduled location, project scale and design drawing
concerning the execution of projects;
2. The total expenses needed for the projects and details of such calculation;
3. A procurement program of funds to be used for the projects; and
4. A topographical map and cadastral plan or similar plan drawn on a scale of 1 to
5,000 including adjacent land.
Any airport development projects operator other than the Minister of Land, Transport and
Maritime Affairs shall, under Article 94
of the Act, establish an implementation plan
according to the basic plan announced publicly under Article 91 of the Act, and apply
for
the approval of the Minister of Land, Transport and Maritime Affairs, within one year after
he obtains the permission on the
execution of projects under Article 94 (2) of the Act:
Provided, That in a case where it is deemed inevitable by the Minister of
Land, Transport
and Maritime Affairs, the period of application may be extended in the limit of three
months.
(1) The implementation plan for an airport development project shall be worked out
and published within 3 years from the date the
basic plan provided for in Article 91 of the
Act is published (where the basic plan concerned is worked out 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
under the provisions of Article 95 (5) of the Act shall be as follows:
1. Matters referred to in Article 27 (1) 1 through 4; and
2. Details of land intended for use and expropriation and obstacles and other details
of their ownership or rights established thereon.
The head of the competent administrative agency who received a request for consultation
under Article 96 (3) of the Act, shall present
his opinion within thirty days after he receives
it, and if he fails to present his opinion in this period, he shall be considered
to have agreed
with the implementation plan.
For the purpose of Article 101 (2) of the Act, the term "appurtenant work" 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 projects.
1. Categories, scale and amount of projects;
2. Period of projects; and
3. Matters concerning the payment method and liquidation of investment expenses.
(3) In a case where the Minister of Land, Transport
and Maritime Affairs undertakes
or completes the work as referred to in paragraph (2), he shall notify it to the project
operator.
1. The title of the project;
2. An address, name and trade name of the investor; and
3. A plan of investment.
(2) If the Minister of Land, Transport and Maritime Affairs desires to grant a
permission as prescribed
in Article 105 (1) of the Act, he shall consult in advance with the
head of the administrative agency concerned.
(1) Any person who has obtained the permission on the investment under Article 105
(1) of the Act (hereinafter referred to as an
"investor"), or a constructor executing the work
of the investment projects shall make a report on the commencement of the construction
work to the Minister of Land, Transport and Maritime Affairs together with a
predetermined progress schedule seven days before
the work starts.
(2) The investor and the constructor as provided in paragraph (1) shall be subject to
the control of the Minister
of Land, Transport and Maritime Affairs in executing the work
of the investment projects.
(3) When an investor has completed the work of the investment projects under
paragraph (1), he shall undergo the inspection of completion
by the Minister of Land,
Transport and Maritime Affairs.
1. Airport facilities which are described in subparagraph 2 or 5 of Article 10, located
in the airport zone as prescribed in subparagraph
9 of Article 2 of the Act; and
2. A city air terminal and other airport facilities outside the airport zone.
(2) The scope of airport facilities which the Minister of Land, Transport and Maritime
Affairs may have other persons use gratuitously
and make profits, shall be limited only to
those as deemed not to impede the management and operation of the airport facilities
due to
any gratuitous use by the investor, etc.
(1) The total cost of projects as prescribed in Article 105 (3) of the Act shall be the
sum of the expenses calculated in conformity
with the following standards, and connected
to the airport development projects, on the basis of the completion inspection day of
the
airport development projects concerned: Provided, That in the case of airport facilities
reverted to the State under Article
94 (4) of the Act, the amount appraised by an appraisal
corporation under the Public Notice of Values and Appraisal of Real Estate
Act on the basis
of the day on which the inspection of completion is made, shall be considered as the total
cost of projects:
1. Survey expenses mean the survey expenses and other research expenses for
executing the airport development projects, which are
not included in the net construction
cost;
2. Design expenses mean the expenses needed for the design to execute the airport
development projects;
3. Construction costs mean the sum of material costs, labor costs and other
expenses which are all required to undertake an airport
development project. 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 the
provisions of Article 9 of the Enforcement
Decree of the Act on Contracts to Which the
State is a Party;
4. Compensation means the expenses for purchasing land (including those for
purchasing buildings, standing trees, etc.), those for
taking any countermeasure to moving,
and compensation for rights, such as business right, fishing right, mining right, etc., which
are disbursed for executing the airport development projects;
5. Incidental expenses mean general management expenses calculated by the rate of
such general management expenses based on standards
for determining estimated prices
under the provisions of Article 9 of Enforcement Decree of the Act on Contracts to Which
the State
is a Party, expenses required for assessment of environmental impact, expenses
required for the inspection of construction work,
expenses needed for the fulfillment of
requirements imposed when an airport development project is permitted, and charges for
farmland
conservation under the provisions of Article 40 of the Farmland Act, etc.; and
6. Construction interest means any construction interest to the project cost as
referred to in subparagraphs 1 through 5 (the interest
rate shall be the interest rate on a loan
which is applied by financial institutions as prescribed by the Banking Act, and which
is
designated by the Minister of Land, Transport and Maritime Affairs).
(2) The period in which the airport facilities are to be
used gratuitously and for profit-
making under Article 105 (3) of the Act, shall be the time until the total of the rent in the
case of onerous use of the airport facilities reaches the total cost of projects calculated
under paragraph (1).
If it is inevitable for operating the airport, the Minister of Land, Transport and Maritime
Affairs may revoke the permission on
gratuitous use of the airport facilities and profit
making by the investor, etc. under Article 105 (3). In this case, if the total
rent of the airport
facilities in the case of the commercial use of the airport facilities reverted to the State by
the investor,
etc. is short of the total cost of projects, the Minister of Land, Transport and
Maritime Affairs may have the investor, etc. gratuitously
use the airport facilities and make
profits until the total rent reaches the total cost of projects.
(2) The Minister of Land, Transport and Maritime Affairs shall have an airport
development project operator of an airport and a
manager of the airport facilities as referred
to in paragraph (1), establish measures for noise control including the following
matters
with respect to the area damaged or anticipated to be damaged by the airport noise, which is
designated and announced publicly
by the Minister of Land, Transport and Maritime
Affairs under Article 107 (2) of the Act, and may have them execute any project
for
countermeasure in the limit of the revenue source depending on the degree of noise
influence:
1. An implementation plan to reduce the noise produced by the aircraft;
2. A land utilization plan;
3. A fund raising and investment plan;
4. Effect caused by execution of the project; and
5. Establishment and operation of a system for noise supervision and measurement
for supervising aircraft noise. Provided, the same
shall not apply to the case
where aircraft noise impact can be measured by using a measurement network
established under Article
3 of the Noise and Vibration Regulation Act or to the
case where it is possible to supervise whether or not the procedures for
measuring noise impact and low noise aircraft operation.
6. Other matters as determined by the Minister of Land, Transport and Maritime
Affairs.
(3) The provisions of Articles 30 and 31 shall apply mutatis mutandis to the
establishment and execution of measures for noise control.
1. A location and area of the area damaged or anticipated to be damaged by the
airport noise;
2. A topographic map indicating the area damaged or anticipated to be damaged by
the airport noise; and
3. Other matters prescribed by the Minister of Land, Transport and Maritime
Affairs.
(2) With respect to the area damaged or anticipated to be damaged by the airport noise
designated and publicly announced under paragraph
(1), the Minister of Land, Transport
and Maritime Affairs shall examine every five years, whether or not the designation is
proper.
(3) The Minister of Land, Transport and Maritime Affairs shall, upon making the
designation and public announcement as referred
to in paragraph (1), send to the competent
Mayor/Do governor the drawings, etc. related to it, and have him offer them for public
perusal for one or more months.
(4) When the competent Mayor/Do governor establishes a basic urban planning as
prescribed in Article 18 of the National Land Planning
and Utilization Act, he shall utilize
the matters designated and announced publicly under paragraph (1).
1. Changes in the purpose of facilities; and
2. Supplement of noise damage prevention facilities.
(3) Where the Special Metropolitan City Mayor, the Metropolitan City Mayor or
Do
governor (hereinafter referred to as the "Mayor/Do governor") grants permission for
installing a facility in designated areas
which suffer from airport noise and other areas
which are anticipated to suffer from such airport noise under the Building Act,
he shall
notify the content of permission (including the condition of installing a noise preventative
facility if the condition
is attached) to an airport development project operator or an airport
facility manager.
(1) The Committee on Measures to Prevent Aircraft Noise from Causing Damage
(hereinafter referred to as the "Committee") provided
for in Article 109-2 of the Act shall
be set up in every airport that takes measures to prevent aircraft noise from causing damage.
(2) The Committee shall consist of not more than 15 members, including one
chairman and one vice chairman.
(3) The chairman shall be the director of a regional aviation office, the airport
development projects operator or the manager of
airport facilities and the vice chairman
shall be nominated by the chairman from among members.
(4) The members shall be appointed
or commissioned by a head of local airport
corporation, a project operator or an airport facility manager from among the persons
falling under each of the following subparagraphs:
1. Public officials belonging to the regional aviation office;
2. Employees who are employed by the airport development projects operator or
the manager of airport facilities;
3. Public officials and local residents recommended by the relevant local
government; and
4. Other persons of profound learning and experience in aircraft noise.
(5) Detailed matters concerning the composition and operation
of the Committee may
be prescribed and implemented by the chairman.
(6) Members who are present at the Committee's meetings may be paid allowances
and travel expenses within limits of budget: Provided,
That the same shall not apply to a
case where members who are public officials are present at the Committee's meetings in
connection
with their official business.
(1) The noise level as prescribed in Article 108 (1) of the Act shall be classified into
Classes A to E by the type of aircraft.
(2) The noise classes by type of aircraft as referred to in paragraph (1) shall be
determined by the Ordinance of the Ministry of
Land, Transport and Maritime Affairs.
(2) The Minister of Land, Transport and Maritime Affairs shall impose and collect as
the noise charges the following amount according
to the noise class of the aircraft under
Article 43 (2):
1. Class A, B and C: Amount equivalent to 30/100 of the landing fees (excluding
the value-added tax; hereafter in this Article the
same shall apply) of the aircraft concerned;
2. Class D: Amount equivalent to 25/100 of the landing fees of the aircraft
concerned;
3. Class E: Amount equivalent to 20/100 of the landing fees of the aircraft
concerned;
4. Class F: Amount equivalent to 15/100 of the landing fees of the aircraft
concerned; and
5. Deleted
1. Airports managed and administered by the Incheon International Airport
Corporation established under the Incheon International
Airport Corporation Act;
2. Gimpo, Gimhae, Daegu, Gwangju, Jeju, Cheongju, Yangyang and Muan airports
managed and administered by the Korea Airports Corporation
established under the Korea
Airports Corporation Act (hereinafter referred to as the "Korea Airports Corporation"); and
3. Other airports designated and publicized by the Minister of Land, Transport and
Maritime Affairs as he deems that they are necessary
for the safe administration of airports.
(2) Where the Korea Airports Corporation intends to obtain the airport administration
certificate under Article 111-2 (1) of the Act (hereinafter referred to as the "airport
administration certificate") for the airports
which use the airfields under the provisions of
the Military Air Bases Act from among the airports under paragraph (1) 2, it shall
not cause
any impacts to the military operations, and it shall furnish the man power, equipment and
expenses, etc., necessary for
the airport administration certificate and the maintenance of
airport safe administration systems under Article 111-4 (1) of the
Act.
(1) When the Minister of Land, Transport and Maritime Affairs intends to impose the
penalty under Article 111-6 of the Act, he shall
notify a payment of the said penalty, by
clarifying in writing the types of such offenses and the amount of relevant penalty.
(2)
Any person in receipt of the notice under paragraph (1) shall pay the penalty 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 is unable to
pay the penalty within the said time limit due to the natural disaster and other inevitable
causes, he shall pay it within seven
days from the date on which the said causes have
disappeared.
(3) The receiving agency which has received a payment of penalty under paragraph (2)
shall deliver a receipt to the said payer.
(4) When the receiving agency of penalty has received any penalty under paragraph
(2), it shall promptly notify the Minister of
Land, Transport and Maritime Affairs of such
facts.
(5) The penalty shall not be paid in installments.
(1) Where any person in receipt of a payment notice of penalty under the provisions of
Article 44-4 (1) has failed to pay it by
the time limit for payment, the Minister of Land,
Transport and Maritime Affairs shall issue a notice of urging within seven days
from the
expiration date of time limit. In such case, the time limit for payment shall be within ten
days from the date of issuing
a notice of urging.
(2) Where any receiver of the urging under the provisions of paragraph (1) has failed
to pay the penalty by
the time limit for payment, the Minister of Land, Transport and
Maritime Affairs may have the public officials under his jurisdiction
make a compulsory
collection of penalty by referring to the practices of dispositions on default of national taxes.
In such case,
the public officials under his jurisdiction shall carry a certificate indicating
their authority and present it to the interested
parties.
(3) Provisions of Articles 44-4 and 44-5 shall apply mutatis mutandis to the imposition,
payment, urge and collection of the penalty.
1. It shall not exceed the range including the proper expenses and profit of the
projects;
2. It shall take into consideration the nature of the service furnished by the projects;
3. It shall not be improper or discriminative for a specified passenger or freight
consignor;
4. It shall not make it considerably difficult for a passenger or freight consignor to
utilize the projects; and
5. It shall not invoke any unreasonable competition among other air transportation
businessmen.
The agreement which a regular air transportation businessman may conclude with other air
transportation businessmen with the authorization
of the Minister of Land, Transport and
Maritime Affairs under Article 121 of the Act, shall be matters delegated by the aviation
agreement to comply with any agreement between designated air transportation
businessmen, and the following matters:
1. Matters concerning the operational method, such as joint operation, etc.;
2. Matters concerning distribution of the supply of transport capacity, income and
expenses; and
3. Matters concerning business cooperation between air transportation businessmen
in the nations which have not concluded the aviation
agreement.
(2) The Minister of Land, Transport and Maritime Affairs may increase or decrease
the penalty referred to in paragraph (1) within
the limit of 1/2 of the amount of such penalty,
taking into account the business volume of operator, peculiarity of business area,
degree
and frequency of the act of violation and other special reasons, etc. In this case, the total
amount of the penalty, even
if increased, shall not exceed five billion won.
(3) Provisions of Articles 44-4 and 44-5 shall apply mutatis mutandis to the imposition,
payment, urge and collection of the penalty.
If a person who applies for a license of the regular air transportation business under Article
112 (1) of the Act intends to register
his irregular air transportation business under the
provisions of Article 132 (1) of the Act, he may apply for the latter together
with the former,
by specifying such intention in the application for a license of the regular air transportation
business.
If a person who applies for a registration of the irregular air transportation business
under Article 132 (1) of the Act, desires
to operate con currently the aircraft-using business
as prescribed in Article 134 (1) of the Act, he may also apply the registration
of the aircraft-
using business by specifying his intention in the application.
(1) Categories of the act of violation on which the penalty surcharge is levied in
accordance with Article 138-3 of the Act and
the amount of the penalty surcharge are as
shown in the attached Table 6.
(2) The Minister of Land, Transport and Maritime Affairs may add up or reduce the
penalty surcharge referred to in paragraph (1)
within the scope of 1/2 of such penalty
surcharge taking into account the size of the maintenance organization and the extent and
frequency of the act of violation. In this case, if the penalty surcharge is added up, the total
amount of the penalty surcharge
shall not exceed 500 million won.
(3) The provisions of Articles 44-4 and 44-5 shall apply mutatis mutandis to the
imposition,
payment, payment pressing and collection of the penalty surcharge.
If it is intended to establish the Korea Civil Aviation Development Association (hereinafter
referred to the "Association") under
the provisions of Article 143 of the Act, not less than
one-tenth of promoters who are eligible to be members of the Association
shall prepare the
article of association and obtain a resolution on such articles of association at an inaugural
general meeting
with the attendance of a majority of those eligible to be members of the
Association.
(1) The articles of association shall include the following matters:
1. The objective;
2. The title;
3. The seat of its office;
4. Matters concerning members and the general meeting;
5. Matters concerning officers;
6. Matters concerning its function;
7. Matters concerning accounts;
8. Matters concerning the dissolution;
9. Matters concerning the modification of the articles of association; and
10. Matters concerning the method of public notice by the Association.
(2) The articles of association as referred to in paragraph
(1) shall be approved by the
Minister of Land, Transport and Maritime Affairs. This provision shall also apply in a case
where
the articles of association are modified.
The Association shall carry out the following affairs:
1. Affairs for developing the air transportation business, etc.;
2. Research, study and public information on the air transportation business, etc.;
3. Matters concerning the improvement of the operation of airport facilities;
4. Fostering and supporting those who are engaged in air transportation business,
etc.;
5. Publication of the aviation statistics and materials;
6. Gathering and management of aviation-related information;
7. Affairs concerning the operational improvement and guidance of the air
transportation business, etc.;
8. Research and studies on foreign aviation systems;
9. A research service project for promoting aviation;
10. Research and study on aviation safety;
11. Affairs concerning promotion of the international cooperation with foreign
aviation institutions;
12. Affairs entrusted by the Minister of Land, Transport and Maritime Affairs; and
13. Services incidental to the affairs as referred to in subparagraphs 1 through 10.
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.
Articles 59 through 59-4 Deleted.
The Government may provide subsidies or loans to the head of a local government which
undertakes an airport development project
pursuant to the provisions of Article 153-2 of the
Act to cover expenses (excluding any expenses for land compensation) which are
required
for the installation of basic facilities under the provisions of subparagraph 1 of Article 10.
(1) The specialized inspection institution as prescribed in Article 154 (2) of the Act
shall be designated and announced publicly
by the Minister of Land, Transport and
Maritime Affairs from among nonprofit corporations which carry out services related to
aviation,
and have secured the technical personnel, facilities, equipment, etc. as prescribed
by the Ordinance of the Ministry of Land, Transport
and Maritime Affairs.
(2) Any specialized inspection institution as provided in paragraph (1) shall prepare
the rules necessary
for conducting the business of certification or inspection of the aircraft
and equipment (hereinafter referred to as "inspection
rules") and obtain the authorization of
the Minister of Land, Transport and Maritime Affairs. This provision shall also apply in
a
case where it desires to modify it.
(3) The inspection rules as provided in paragraph (2) shall include the following
matters:
1. Organization and personnel of an organ assigned to carry out the business of
certification or inspection;
2. The scope of duties and the responsibility of the persons who take charge of the
business of certification or inspection;
3. Operational system and procedure for certification or inspection;
4. Issuance of various certificates and management of the ledger;
5. Education and training of the persons who take charge of the business of
certification or inspection;
6. Management and maintenance of technical books and materials;
7. Operation and management of facilities and equipment; and
8. Other matters relating to reporting the results of certification or inspection.
(1) Persons who take charge of the business of a specialized inspection institution
concerning certification or inspection shall
be those who fall under any subparagraph of
Article 13 (2).
(2) Matters concerning the appointment, duties and supervision of those who take
charge of the business of a specialized inspection
institution concerning certification or
inspection shall be determined by the Minister of Land, Transport and Maritime Affairs.
1. Certification of airworthiness under the provisions of Article 15 (1) of the Act;
2. Permission for the followings under the provisions of the proviso to Article 15 (3)
of the Act;
(a) permission for test flight after the maintenance, repair or modification of
aircraft;
(b) permission for flight to the place where the aircraft will be maintained,
repaired or modified,
(c) permission for flight without carrying passengers or cargo in order for the
aircraft to be imported or exported.
3. Check of the compatibility with the technical standards and the designation of
operational limits under the provisions of Article
15 (5) of the Act;
4. Suspension of the effect of any certification of airworthiness or shortening of the
period of validity thereof under the provisions
of Article 15 (6) of the Act;
5. Frequent check of whether the airworthiness of aircraft is kept under the
provisions of Article 15 (8) of the Act;
6. Matters concerning the certification of aircraft worthiness for export under Article
15-2 of the Act;
7. Matters concerning the certification of conformity with the noise standards under
the provisions of Article 16 of the Act;
8. Matters concerning approval for repair and modification under the provisions of
Article 19 of the Act;
9. Receipt of any report on ultra light flying devices under the provisions of Article
23 (1) of the Act and approval for any flight
plan under the provisions of
paragraph (2) of the same Article;
10. Receipt of any report of change on ultra light flying devices under provisions of
Article 23-2 (1) of the Act, report of transfer
under paragraph (2) of the same
Article and report of cancellation under paragraph (3) of the same Article.
11. Matters concerning the approval for flight plan of light aircraft under Article 24
(1) of the Act;
12. Receipt of any report of accidents from a light aircraft's pilot or owner under
Article 24 (7) of the Act;
13. Permission for flying aircraft or performing test flight, etc. under the provisions of
Article 27 (4) of the Act;
14. Matters concerning the designation of flight simulators under the provisions of
paragraph (2) of Article 29-2 of the Act;
15. Order for the physical examination of any flight crew (excluding flight crew
belonging to international air transportation businesses)
and air traffic controller
under the provisions of Article 32 of the Act;
16. Revocation, or suspension (excluding any revocation or suspension for flight crew
and air traffic controllers belonging to international
air transportation businesses)
of effect, of the certification of qualification, etc. under the provisions of Article
33 (1) of
the Act, and the revocation, or the suspension of effect, of the
certification of aviation physical examination under the provisions
of paragraph
(2) of the same Article;
17. Permission for the flying practice of aircraft under the provisions of Article 35 of
the Act;
18. Permission for flight in the controlled airspace under the provisions of the proviso
to Article 38-2 (2) of the Act;
19. Matters concerning cooperation with the heads of administrative agencies
concerned in order to ensure the safety of air traffic
under the provisions of
Article 38-4 of the Act;
20. Measurement (excluding measurement performed to airmen and flight crew
belonging to international air transportation businesses;
hereinafter the same shall
apply) performed to determine whether alcoholic beverages, etc. are drunk or used
under Article 47 (3)
of the Act and their measurement by means of blood
collection, urine analysis, etc. under the provisions of paragraph (4) of the
same
Article;
21. Matters concerning approval for aviation safety system (only referring to aviation
safety system of domestic, international and
irregular air transportation businesses
and aircraft maintenance business) under Article 49 (2) of the Act;
22. Receipt of compulsory report on aviation safety (only referring to aviation safety
report of domestic, international and irregular
air transportation businesses and
aircraft maintenance business) under Article 49-3 (1);
23. Matters concerning an acceptance of reports of the pilot-in-command and the
aircraft owner, etc. (excluding reports of international
air transportation business
and its pilot-in-command) under the provisions of Article 50 (5) through (7) of the
Act;
24. Permission for aircraft to take off or land in a place other than airfield under the
provisions of the proviso to Article 53
of the Act;
25. Permission for any prohibited act under the provisions of the proviso to Article 55
of the Act with the exception of subparagraphs
thereof;
26. Designation of any emergency aircraft, or revocation of any such designation,
under the provisions of Article 56 of the Act;
27. Permission for the operation of any two-engine aircraft (excluding two-engine
aircrafts for international air transport business)
under the provisions of Article
69-2 of the Act;
28. Approval for any aircraft (excluding any aircraft used for international air
transportation business) to operate in the reduced
vertical separation minimum
airspace or required navigation performance air space under the provisions of
Article 69-3 of the Act;
29. Instructions for air traffic under the provisions of Article 70 (1) of the Act,
provision of advice and information useful for
the operation of aircraft under the
provisions of paragraph (2) of the same Article, provision of information on an
aircraft in
distress under the provisions of paragraph (3) of the same Article, and
instructions in a movement area under the provisions of
paragraph (5) of the same
Article;
30. Provision of aeronautical information under the provisions of Article 73 (1) of the
Act;
31. Authority of the following items with respect to airfield and navigation safety
facilities (excluding ARSR/SSR/ARTS, GNSS,SBAS/GRAS
and ADS):
(a) Permission for installing them under the provisions of Article 75 (2) of the
Act;
(b) Publication and public notice under the provisions of Articles 76, 77 (2), 78
(2) and 79 (2) of the Act;
(c) Inspection of installation completion under the provisions of Article 77 (1) of
the Act;
(d) Receipt of any alteration notification under the provisions of Article 78 of the
Act;
(e) Receipt of any notification concerning the suspension, discontinuation or
resumption of use under the provisions of Article
79 (1) of the Act;
(f) Management inspection under the provisions of Article 80 (2) of the Act;
(g) Flight inspection under the
provisions of Article 80 (3) of the Act;
(h) Performance of the air communication services under the provisions of Article
80-3
of the Act;
(i) Revocation of the installation permission under the provisions of Article 81 of
the Act;
(j) Order given to remove flight obstacles and decision made on the amount of
compensation for loss under the provisions of Article
82 (5) and (6) of the Act;
(k) Work involved in installing and managing of flight obstacle lights and daytime
obstacle beacons
under the provisions of Article 83 of the Act (limited to the
area within the radius of 15 kilometers from the airfield gauge mark);
(l) Order given to take measures against similar lights under the provisions of
Article 84 (2) of the Act;
(m)Collection of rents, report on the amount of rents and the receipt of any report
on changing the amount of rents under the provisions
of Article 86 (1) and (3)
of the Act; and
(n) Receipt of any notification concerning the succession of status under the
provisions of Article 87 of the Act
32. The authority of the following items with respect to airport facilities:
(a) Permission for undertaking any airport development
project under the
provisions of Article 94 (2) of the Act. Provided, in the case where the floor
area is more than 10 thousand
square meters or the total construction cost is
more than 10 billion won, the project operator shall obtain approval from the
Minister
of Land, Transport and Maritime Affairs;
(b) Development of any implementation plan and the approval therefor (including
the case
of any alteration) under the provisions of Article 95 (1) and (3) of the
Act;
(c) Publication of any implementation plan under the provisions of Article 95 (5)
of the Act and notification to the owner and the
right holder of the land, etc.
under the provisions of paragraph (7) of the same Article;
(d) Collection of repair and maintenance
expenses under the provisions of Article
103 of the Act;
(e) Confirmation of work completion and delivery of the confirmation certificate
of work completion under the provisions of Article
104 (1) and (3) of the Act;
(f) Permission for use prior to the confirmation of work completion under the
provisions of Article
104 (5) of the Act;
(g) Development and implementation of measures to prevent noise from causing
damage and an order given to take measures to prevent
noise from causing
damage under the provisions of Article 107 (1) of the Act;
(h) Designation and publication of any area that
suffers damage caused by airport
noise and any area that is expected to suffer damage caused by airport noise
under the provisions
of Article 107 (2) of the Act;
(i) Publication of procedures for quiet operation under the provisions of Article
108-2 of the Act;
(j) Imposition and collection of noise charges under the provisions of Article 109
of the Act;
(k) Supervision and disposition under the provisions of Article 110 (1) of the Act;
and
(l) Public notice, publication, suspension, discontinuation, the receipt of any
notification concerning the resumption of use, the
check of management and a
decision made on the amount of compensation for loss under the provisions of
Articles 76, 77 (2), 79,
80 (2) and 82 (6) of the Act that are applied mutatis
mutandis by Article 111 of the Act;
33. Inspection of airport administration and orders for corrective measures (excluding
inspection and orders for corrective measures
on Incheon International Airport,
Kimpo Airport, Kimhae Airport and Jeju Airport) under the provisions of Article
111-4 of the
Act;
34. Permission for domestic air transportation businessmen's operation of
unscheduled aircraft (only referring to permission for
two weeks) and permission
for alteration under Article 112 (4) and (5) of the Act;
35. Matters concerning any flight certificate of the air transportation business under
the provisions of Article 115-2 of the Act
(including the case where it is
applicable mutatis mutandis in Articles 132 (4) and 134 (3) of the Act);
36. Regular inspection or occasional inspection on the maintenance of aviation safety
system under Article 115-2 (6) of the Act (only
referring to regular or occasional
inspection on domestic air transportation business, irregular air transportation
business or
aircraft using business, which are applicable mutatis mutandis under
Article 132 (3) and 134 (3))
37. Operation suspension order or business suspension order of airmen under Article
115-2 (7) of the Act (only referring to suspension
order on domestic air
transportation business, irregular air transportation business or aircraft using
business, which are applicable
mutatis mutandis under Article 132 (3) and 134
(3))
38. Cancellation of certification of operations of the air transportation business or
operation suspension order under Article 115-3
of the Act (only referring to
cancellation of certification and suspension order on domestic air transportation
business, irregular
air transportation business or aircraft using business, which are
applicable mutatis mutandis under Article 132 (3) and 134 (3))
39. Imposition and collection of fines under Article 115-4 of the Act (only referring to
imposition and collection on domestic air
transportation business, irregular air
transportation business or aircraft using business, which are applicable mutatis
mutandis
under Article 132 (3) and 134 (3))
40. Receipt of any report on the regulations for operation and maintenance and
authorization for the catalogue of minimum equipment,
etc. under the provisions
of Article 116 of the Act (including a case where it is applicable mutatis mutandis
in Articles 132 (4)
and 134 (3) of the Act);
41. Authorization of extra flight of airlines under Article 120 (2) of the Act (including
the case where it is applicable mutatis
mutandis in the provisions of Article 152 of
the Act);
42. Receipt of a report concerning insignificant modification of the business plan
under the proviso to Article 120 (2) of the Act
(including the case where it is
applicable mutatis mutandis in the provisions of Articles 132 (4) and 134 of the
Act): Provided,
That this shall not include where the person concerned submits to
the Minister of Land, Transport and Maritime Affairs any insignificantly
changed
matters of a business plan subsequent to a change of the business plan subject to
authorization of the Minister of Land,
Transport and Maritime Affairs at the time
of applying for authorization of a change in the business plan;
43. Matters concerning an order given to improve the business under the provisions of
Article 122 of the Act (limited to the matters
related to the duties delegated to the
director of regional aviation office);
44. The following items concerning irregular air transportation business under Article
132 of the Act.
(a) registration for irregular air transportation business under Article 132 (1) of the Act;
(b) order for modification, complement
or change of support plan for aircraft accident
under Article 49-2 of the Act, which is applicable mutatis mutandis under Article
132 (3).
(c) Permission for routes of regular air transportation business under Article 112 (2) of
the Act, which is applicable mutatis mutandis
under Article 132 (3).
(d) Receipt of report on operation of non scheduled air transportation business under
Article 112 (4) of
the Act, which is applicable mutatis mutandis under Article 132
(3).
(e) Registration of alteration under Article 112 (5) of the Act, which is applicable
mutatis mutandis under Article 132 (3).
(f) Approval for flight delay under Article 115 of the Act, which is applicable mutatis
mutandis under Article 132 (3).
(g) Report and authorization for flight and maintenance regulations under Article 116 of
the Act, which is applicable mutatis mutandis
under Article 132 (3).
(h) Report and authorization for business plan under Article 120 of the Act, which is
applicable mutatis
mutandis under Article 132 (3).
(i) Report and authorization for air transport and alliance agreements under Article 121
of the
Act, which is applicable mutatis mutandis under Article 132 (3).
(j) Improvement order Article 122 of the Act, which is applicable
mutatis mutandis
under Article 132 (3).
(k) Report for transfer and acquisition of business under Article 124 of the Act, which
is applicable mutatis mutandis under Article
132 (3).
(l) Report for business merger under Article 125 of the Act, which is applicable mutatis
mutandis under Article 132 (3).
(m)Report for inheritance under Article 126 (2) of the Act, which is applicable mutatis
mutandis under Article 132 (3).
(n) Permission or report for business discontinuation under Article 127 of the Act,
which is applicable mutatis mutandis under Article
132 (3).
(o) Approval or report for business closure under Article 128 of the Act, which is
applicable mutatis mutandis under Article
132 (3).
(p) Registration cancellation or business suspensions under Article 129 of the Act,
which is applicable mutatis mutandis
under Article 132 (3).
(q) Imposition and collection of fines under Article 131 of the Act, which is applicable
mutatis mutandis
under Article 132 (3).
45. The following items concerning air transportation business under Article 134 of the
Act;
(a) Registration for air transportation business under Article 134 (1) of the Act;
(b) Approval for flight delay under Article 115
of the Act, which is applicable mutatis
mutandis under Article 134 (3).
(c) Authorization and report for business plan under Article 120 of the Act, which is
applicable mutatis mutandis under Article
134 (3).
(d) Order under Article 122 of the Act (excluding paragraph 2 of the same Article),
which is applicable mutatis mutandis
under Article 134 (3).
(e) Report for transfer or acquisition of business under Article 124 of the Act
(excluding paragraph 2,
1 of the same Article), which is applicable mutatis mutandis
under Article 134 (3).
(f) Report for business merger under Article 125 of the Act, which is applicable mutatis
mutandis under Article 134 (3).
(g) Report for inheritance under Article 126 (2) of the Act, which is applicable mutatis
mutandis under Article 134 (3).
(h) Report or approval for closure of business under Article 128 of the Act, which is
applicable mutatis mutandis under Article
134 (3).
(i) Registration cancellation or business suspension under Article 129 of the Act,
which is applicable mutatis mutandis
under Article 134 (3).
(j) Imposition and collection of fines under Article 131 of the Act, which is applicable
mutatis mutandis
under Article 134 (3).
(k) Report for aircraft handling business discontinuation under Article 134 (3) of the
Act.
46. The following items concerning aircraft handling business under Article 137 of the
Act.
(a) Registration for aircraft handling business under Article 137 (1) of the Act.
(b) Order under Article 122 of the Act, which
is applicable mutatis mutandis under
Article 142 (1).
(c) Report for transfer and acquisition of business under Article 124 of the Act, which
is applicable mutatis mutandis under Article
142 (1).
(d) Report for business merger under Article 125 of the Act, which is applicable mutatis
mutandis under Article 142 (1).
(e) Report for inheritance under Article 126 of the Act, which is applicable mutatis
mutandis under Article 142 (1).
(f) Report for business discontinuation under Article 127 of the Act, which is
applicable mutatis mutandis under Article 142 (1).
(g) Report for business closure under Article 128 of the Act, which is applicable
mutatis mutandis under Article 142 (1).
(h) Registration cancellation or business suspensions under Article 129 of the Act,
which is applicable mutatis mutandis under Article
142 (1).
(i) Imposition and collection of fines under Article 131 of the Act, which is applicable
mutatis mutandis under Article
142 (1).
47. The following items concerning aircraft maintenance business under Article
137-2 of the Act.
(a) Registration for aircraft maintenance business under Article 137-2 (1) of the Act.
(b) Order under Article 122 of the Act, which
is applicable mutatis mutandis under
Article 142 (2).
(c) Report for transfer and acquisition of business under Article 124 of the Act, which
is applicable mutatis mutandis under Article
142 (2).
(d) Report for business merger under Article 125 of the Act, which is applicable mutatis
mutandis under Article 142 (2).
(e) Report for inheritance under Article 126 of the Act, which is applicable mutatis
mutandis under Article 142 (2).
(f) Report for business discontinuation under Article 127 of the Act, which is
applicable mutatis mutandis under Article 142 (2).
(g) Report for business closure under Article 128 of the Act, which is applicable
mutatis mutandis under Article 142 (2).
(h) Registration cancellation or business suspensions under Article 129 of the Act,
which is applicable mutatis mutandis under Article
142 (2).
(i) Imposition and collection of fines under Article 131 of the Act, which is applicable
mutatis mutandis under Article
142 (2).
48. Matters concerning maintenance organization certification under Article 138 of the
Act.
49. The following items concerning commercial documents delivery business, air
transportation general agent business, city air terminal
business under Article 139 of
the Act.
(a) Report of commercial documents delivery business, air transportation general agent
business, city air terminal business under
Article 139 (1) and (2) of the Act.
(b) Order under Article 122 of the Act, which is applicable mutatis mutandis under
Article
142 (3).
(c) Report for business discontinuation under Article 127 of the Act, which is
applicable mutatis mutandis under Article 142 (3).
(d) Report for business closure under Article 128 of the Act, which is applicable
mutatis mutandis under Article 142 (3).
(e) Registration cancellation or business suspensions under Article 129 of the Act,
which is applicable mutatis mutandis under Article
142 (3).
(f) Imposition and collection of fines under Article 131 of the Act, which is applicable
mutatis mutandis under Article
142 (3)
50. Permission for take-off and landing of a foreign aircraft which operates for non
business purposes (excluding any aircraft of
a country which doesn't have
diplomatic ties with Korea) under Article 144 of the Act.
51. Permission for domestic use of foreign aircrafts under Article 145 of the Act.
52. Authority concerning order of report, inspection and inquiry, and operation and
temporary suspension of aviation safety facilities
(limited to the matters related to
the duties delegated to the head of Civil Aviation Safety Authority);
53. Execution of hearing under the provisions of Article 154-2 of the Act (limited to the
matters related to the duties delegated
to the head of Civil Aviation Safety
Authority).
54. Imposition and collection of any fine for negligence under the provisions of Article
184 of the Act (limited to the matters related
to the duties delegated to the head of
Civil Aviation Safety Authority; fines under Article 182, 1-5 and 10, Article 182-2,
1,
3 and 4, Article 183-2, 2, 5 and 6, and Article 183-2, 2 and 3).
(3) The Minister of Land, Transport and Maritime Affairs shall
delegate the following
authority to the directors of the regional aviation offices under Article 154 (1) of the
Act:
1. Order of aviation physical examination on air traffic controllers under Article 32 of
the Act;
2. Matters concerning mutual cooperation with the head of relevant administrative
agency to secure the air traffic safety under Article
38-4 of the Act;
3. Measure by using a breath analyzer, etc. whether or not they drink or use the
alcoholic beverages, etc., (only referring to measurement
on air traffic controllers;
hereinafter the same shall apply) under Article 47 (3) of the Act, or means of blood
collection, urine
analysis, etc. under paragraph (4) of the same Article;
4. Order of air traffic under Article 70 (1), advice and information useful for the
operation of aircraft under paragraph (2) of
the same Article and information on an
aircraft for the purpose of searching for and rescuing such an aircraft under
paragraph
(3) of the Act;
5. Provision of aeronautical information under Article 73 (1) of the Act;
6. Publication of aeronautical chart under Article 73 (2) of the Act;
7. Authority falling under any of the items concerning aviation safety facilities (only
referring to ARSR/SSR/ARTS, GNSS/SBAS/GRAS
and ADS)
(a) Installation permission provided for in Article 75 (2) of the Act;
(b) Public notice and publication provided for
in Articles 76, 77 (2), 78 (2) and 79
(2) of the Act;
(c) Inspection of installation completion provided for in Article 77 (1) of the Act;
(d) Receipt of any alteration notification
provided for in Article 78 of the Act;
(e) Receipt of any notification concerning the suspension, discontinuation or
resumption
of use provided for in Article 79 (1) of the Act;
(f) Management inspection provided for in Article 80 (2) of the Act;
(g) Performance
of the air communication services provided for in Article 80-3 of
the Act;
(h) Revocation of any installation permission provided for in Article 81 of the
Act;
(i) Receipt of any notification concerning the succession of status provided for in
Article 87 of the Act; and
(j) Public notice, publication, receipt of any notification concerning suspension,
discontinuation, and resumption of use and the
management inspection
provided for in Articles 76, 77 (2), 79 and 80-2 of the Act that are applied
mutatis mutandis by Article
111 of the Act;
8. Permission for operation (under subparagraph 3 of the same paragraph) of foreign
aircrafts falling under Article 144 (1) of the
Act;
9. matters concerning requirement of report, etc. under Article 153 of the Act (only
referring to matters related to the duties delegated
to the head of the Korea Air
Traffic Center);
10. hearing under Article 154-2 of the Act (only referring to matters related to the duties
delegated to the head of the Korea Air
Traffic Center).
(4) The Minister of Land, Transport and Maritime Affairs shall entrust his authority of
approval for repair and
modification of aircraft for use by a state agency, etc. among
the powers of approval for repair and modification prescribed in
the provisions of
Article 19 of the Act to the head of a central administrative agency concerned which
owns or leases and operates
such aircraft under the provisions of Article 154 (3) of the
Act.
(5) The Minister of Land, Transport and Maritime Affairs shall entrust his duties of the
following subparagraphs to the Korea Transportation
Safety Authority (hereinafter
referred to as the "Korea Transportation Safety Authority") under the provisions of
Article 154 (5)
of the Act:
1. Duties concerning the test for qualifications, the limited examination for
qualifications and issuance of qualifications under
Article 29 of the Act;
2. Duties concerning the certification of instrument flight, the certification of
pilotage practice and the issuance of certificates
under Article 34 of the Act;
3. Duties concerning the issuance of certificates of spoken aviation English
proficiency under Article 34-2 (3) of the Act; and
4. Duties concerning receipt, analysis, and dissemination of reports on the aviation
safety under Article 49-4 of the Act.
(6) The Korea Transportation Safety Authority shall, when it performs the duties entrusted
under the provisions of 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 his business falling
under each of the following subparagraphs to the Korea Aerospace
Medical
Association incorporated with permission from the Minister of Land, Transport and
Maritime Affairs therefor pursuant to
the provisions of Article 32 of the Civil Act,
under the provisions of Article 154 (6) of the Act:
1. The following business from among those concerning the certification of aviation
physical examination under the provisions of
Article 31 of the Act:
(a) Business relating to the examination of whether the certification of aviation
physical examination is
given in a proper way; and
(b) Business relating to the re-delivery of the certificates of aviation physical
examination; and
2. The business concerning the education of specialized aviation doctors under the
provisions of Article 31-2 (3) of the Act.
(8) The Minister of Land, Transport and Maritime Affairs shall entrust his business
concerning the conduct of the examination for
certification of spoken aviation English
proficiency to such a specialized agency or organization designated and published by
the
head of Civil Aviation Safety Authority from among those specialized in the
appraisal of English proficiency with the setup, manpower,
etc. determined by the
Ordinance of the Ministry of Land, Transport and Maritime Affairs, under the
provisions of Article 154 (7)
of the Act.
(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 Fine for Negligence) The
provisions of the attached Table 2 shall apply
to the portion which is subject to the
imposition of the penalty 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 aircraft-using
businessman who is licensed pursuant to the previous provisions at the time when this
Decree enters into force, shall be considered to have conformed to such standards.
(4) Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM
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
This Decree shall enter into force on July 1, 2000. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA
(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
(2) Omitted.
ADDENDA
This Decree shall enter into force on July 1, 2001. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA
(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
(2) Omitted.
ADDENDA
(2) and (3) Omitted.
ADDENDA
This Decree shall enter into force on January 1, 2003.
Articles 2 through 17 Omitted.
ADDENDA
This Decree shall enter into force on January 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA
This Decree shall enter into force on January 22, 2006.
Articles 2 through 9 Omitted.
ADDENDA
This Decree shall enter into force on June 8, 2006. (Proviso Omitted)
Articles 2 through 8 Omitted.
ADDENDA
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA
ADDENDA
Article 2 (Interim Measures on Penalty Imposement) Dispositions on violations caused
before the enforcement of this Decree shall
be taken under the previous provisions of this
Decree.
Article 3 (Revision of other Acts) Part of the Presidential Decree of the Act on Aviation
Safety and Security shall be revised as
follows:
"aircraft handling companies" in Article 9 shall be considered as the "aircraft handling
companies and aircraft maintenance companies".
ADDENDA
ADDENDA
and 6th
grade in respect of aircraft noise shall be imposed and collected the following
charges under Oct. 31, 2011.
1. the 5th
grade: 15/100 of landing fee of the relevant aircraft; and
2. the 6th
grade: 10/100 of landing fee of the relevant aircraft.
Article 3 (Interim Measures on Imposition and Collection of Noise
Charge on the owners,
etc. of aircraft violating quiet operation) Notwithstanding the revised provisions of 44 (2),
the previous
provisions shall apply to the owners, etc. of aircraft violating Article 108-2 (1)
for quiet operation.
ADDENDA
ADDENDA
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