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Aviation Act

[Enforcement Date, Sep. 10, 2009]

Amended by Act No. 9780, Jun. 9, 2009

CHAPTER I. GENERAL PROVOSIONS <Amended by Act No. 9780, Jun. 9, 2009>

Article 1 (Purpose)

The purpose of this Act is to contribute to the development of aviation and the

promotion of public welfare by determining methods to assure the safety in air

navigation, increasing the efficiency of installation and management of aviation

facilities, and establishing order in air transportation services, pursuant to the provisions

of the Convention on International Civil Aviation and the standards and methods

adopted by the Annex to the said Convention.

<Wholly amended by Act No. 9780, Jun. 9, 2009>

Article 2 (Definitions)

For the purpose of this Act, the definitions of terms shall be as follows:

1. The term “aircraft” means airplanes, airships, gliders and rotorcraft which are used

for civil aviation and other apparatus to be used for aviation, which are prescribed

by the Presidential Decree.

2. The term “aircraft for use by state agency, etc.” means the aircraft, which is owned

or rent by the State, local governments and state agencies under the Act on the

Operation of State Agencies as prescribed by the Presidential Decree (hereinafter

referred to as the “state agency, etc.”), used for any of the following duties.

Provided, That the aircraft used for the military, customs house or police services

shall be excluded:

(a) search and rescue due to a calamity or disaster;

(b) the extinguishment and prevention of fire;

(c) rescue and emergency activities such as the carrying of patients; and

(d) other necessary duties necessary for public peace and order.

3. The term “air service” means any of the following items:

(a) the operation of aircraft by a person on board (excluding pilotage training);

(b) air traffic control;

(c) management of airline service and operation of wireless equipment, and

(d) confirmation of any aircraft, engine, propeller (hereinafter referred to as the

“aircraft, etc.”), equipment or parts which are maintained, repaired or

remodeled (hereinafter referred to the “maintenance, etc.”) under the

provisions of Article 22.

4. The term “airman” means a person who has obtained a certificate of qualification

as an airman under the provisions of Article 25 (1).

5. The term “cabin crew” means crew who perform the safety services such as the

progress of emergency escape aboard the aircraft.

6. The term “airfield” means the land or water surface used for take-off (including

take-off from the water; hereinafter the same shall apply) and landing (including

landing on the water; hereinafter the same shall apply) of the aircraft.

7. The term “airport” means an airfield for public use, which is provided with airport

facilities, and whose denomination, location and area are designated and

announced publicly by the Minister of Land, Transport and Maritime Affairs.

8. The term “airport facilities” means facilities for take-off and landing of the aircraft

and for the transport of passengers and freight, and incidental and support facilities

thereof, which are inside and outside the airport zone, and which are prescribed by

the Presidential Decree and designated by the Minister of Land, Transport and

Maritime Affairs.

9. The term “airport zone” means the area used as an airport, and an area determined

as the urban planning facilities as prescribed in Article 30 and 43 of the National

Land Planning and Utilization Act for the purpose of expanding an existing airport

or constructing a new airport and is publicly announced as a scheduled area for

airport development zone by the Ministry of Land, Transport and Maritime Affairs.

10. The term “airport development projects” means projects related to new

construction, enlargement or improvement of airport facilities, executed under this

Act.

11. The term “landing zone” means a rectangular land or water surface centered on the

centerline of a runway whose length extends up to sixty meters from both ends of

the runway and the width is as determined by the Ordinance of the Ministry of

Land, Transport and Maritime Affairs.

12. The term “flight information zone” means the airspace that provides necessary

information for safe and efficient flight, and for search and rescue of the aircraft,

and whose name, vertical and horizontal extent are designated and published by the

Minister of Land, Transport and Maritime Affairs pursuant to the provisions of the

Convention on International Civil Aviation and the Annex to the said Convention.

13. The term “aircraft accident” means an occurrence associated with the operation of

an aircraft which takes place from the time any person boards the aircraft with the

intention of flight until such time as all persons have disembarked, in which:

a) A person suffers death or serious injury or is missing;

b) The aircraft sustains substantial damage or breakdown or structural failure; or

c) The aircraft is missing or completely inaccessible.

14. The term “aircraft incident” means accidents, prescribed by the Ordinance of the

Ministry of Land, Transport and Maritime Affairs, other than aircraft accidents

under subparagraph 13 that might be aircraft accidents.

15. The term “aviation safety obstacle” means the events other than aircraft accidents

and incidents, prescribed by the Ordinance of the Ministry of Land, Transport and

Maritime Affairs, which might or are highly likely to hurt aviation safety on

aircraft operation and aviation safety facilities.

16. The term “obstacle limitation surface” means the surface prescribed by the

Presidential Decree wherein the installation of obstacles (referring to the goods that

hamper safe flight of the aircraft) is limited around the airfield.

17. The term “navigation safety facility” means a facility which is designed to help the

aircraft’s navigation by means of cable communications, wireless communications,

light, color or shape and prescribed by the Ordinance of the Ministry of Land,

Transport and Maritime Affairs.

18. The term “aviation light” means a navigation safety facility which is designed to

help the aircraft’s navigation by means of light and prescribed by the Ordinance of

Ministry of Land, Transport and Maritime Affairs.

19. The term “control area” means an aerial zone consisting of an airport and its

periphery, which is designated by the Minister of Land, Transport and Maritime

Affairs.

20. The term “control zone” means an aerial zone the height of which is over two

hundred meters from the land or water surface, and which is designated by the

Minister of Land, Transport and Maritime Affairs.

21. The term “airway” means a path through the airspace displayed on the earth’s

surface designated by the Minister of Land, Transport and Maritime Affairs as

suitable for navigation of the aircraft.

22. The term “visual flight meteorological condition” means a good visual

meteorological condition for the navigation of the aircraft, as prescribed by the

Ordinance of the Ministry of Land, Transport and Maritime Affairs, taking into

consideration the visual range and the state of cloud.

23. The term “instrument flight meteorological condition” means any meteorological

condition other than the visual flight meteorological condition.

24. The term “instrument flight” means a flight in which the measurement of the

attitude, altitude, location and flight direction of the aircraft depends on the

instrument mounted on the aircraft.

25. The term “instrument flight methods” means the following flight methods:

(a) Flight method of take-off and ascending flight following it and a landing and

descending flight preceding it, which are made within the control area, on such

airway as designated by the Minister of Land, Transport and Maritime Affairs

under the provisions of Article 38 or on such flight way as directed by the

Minister of Land, Transport and Maritime Affairs under the provisions of

Article 70 (1), and with respect to other flight methods, those made in such

manner as directed by the Minister of Land, Transport and Maritime Affairs

pursuant to the said paragraph of the said Article; and

(b) Flight method of performing any flight in the control zone, other than that as

referred to in item (a) in compliance with the direction of the Minister of Land,

Transport and Maritime Affairs under the provisions of Article 70 (1).

26. The term “light aircraft” means flyable devices other than aircrafts, which include

flapping wing aircraft, weight shift aircraft, light rotorcraft.

27. The term “light aircraft accident” means an occurrence associated with the

operation of an aircraft which takes place from the time any person boards the

aircraft with the intention of flight until such time as all persons have disembarked,

in which:


b) The light aircraft sustains substantial damage or breakdown or structural failure;

or

c) The light aircraft is missing or completely inaccessible.

28. The term “ultra light flying device” means flyable devices other than aircrafts and

light flying devices, which include motor flying devices, gliders and balloons, etc.

and are prescribed the Ordinance of the Ministry of Land, Transport and Maritime

Affairs.

29. The term “ultra light flying device accident” means an occurrence associated with

the operation of an aircraft which takes place from the time any person boards the

aircraft with the intention of flight until such time as all persons have disembarked,

in which:


b) The ultra light flying device sustains substantial damage or breakdown or

structural failure; or

c) The ultra light flying device is missing or completely inaccessible.

30. The term “flight simulators” means devices which simulate the cockpit of aircraft

to revive the control functions of mechanical, electrical, and electronic apparatus,

etc. and the performances and characteristics of flight just as aircraft do.

31. The term “air transportation business” means a business commercially transporting

passengers or freight using the aircraft in response to the demands of other persons

32. The term “domestic air transportation business” means a regular air transportation

business with more than the number of aircrafts prescribed by the Ordinance of the

Ministry of Land, Transport and Maritime Affairs:

(a) Scheduled domestic air transportation: an air transportation business

periodically operating the aircraft with a line fixed between one point and

another.

(b) Unscheduled domestic air transportation: any domestic air transportation other

than the air transportation under subparagraph (a).

33. The term “international air transportation business” means a regular air

transportation business with more than the number of aircrafts prescribed by the

Ordinance of the Ministry of Land, Transport and Maritime Affairs:

(a) Scheduled international air transportation: an air transportation business

periodically operating the aircraft with a line fixed between a domestic airport

and a foreign airport, or between a foreign airport and another foreign airport.

(b) Unscheduled international air transportation: any international air

transportation other than the air transportation under subparagraph (a).

34. The term “irregular air transportation business" means an air transportation business

other than the domestic and international air transportation businesses.

35. The term “aircraft-using business” means a business carrying on service prescribed

by the Ordinance of Ministry of Land, Transport and Maritime Affairs such as

cropdusting, construction and taking photos other than commercial transport of

passengers or freight using the aircraft.

36. The term “aircraft handling business” means the business that is run for the

purpose of loading and unloading and other ground operation excluding

maintenance work at an airport or airfield.

37. The term “aircraft maintenance business” means the business that is run for the

purpose of maintaining and repairing aircrafts, etc. equipments and components,

etc.

38. The term “commercial documents delivery business” means a business

commercially delivering documents related to export and import, etc. falling under

the proviso of Article 2 (2) of the Postal Service Act and accompanying samples by

aircraft, to meet the demands of others.

39. The term “air transportation general agent business” means a business executing

commercially and vicariously a conclusion of an international transportation

contract of passengers or freight (excluding any vicarious executing of procedure

to obtain a passport or visa) by aircraft on behalf of a person carrying on an air

transportation business.

40. The term “city air terminal business” means a business installing and operating

facilities necessary for offering the convenience of transport and management of

air passengers and freight in an area other than an airport zone.


Article 2-2 (Transfer of Authority and Liability of Hired Aircrafts)

In case where an aircraft registered in a foreign country is hired and operated or an

aircraft registered in Korea is hired to a foreign country and operated, the transfer of

authority and liabilities related to the verification of decreased flights of the said hired

aircraft, management of qualifications of airmen, and aircraft operations, etc. shall be

governed by the terms and conditions as determined by the Convention on International

Civil Aviation, and shall be publicized by the Minister of Land, Transport and Maritime

Affairs.


Article 2-3 (Special Cases of Application to Military Aircraft, etc.)

(1) This Act shall not apply to the military aircraft and the persons who ride therein

and carry on flying duties.

(2) This Act shall not apply to the aircraft, etc. used for the customs duties or police

duties, and to persons who ride therein and carry on flying duties. Provided, That

Article 38-2, 40, 54 and 70 (1) shall apply to the cases of emergency mobilization

as stipulated by the Ordinance of the Ministry of Land, Transport and Maritime

Affair for the purpose of preventing mid-air collisions.

(3) Provisions of paragraph (2) shall apply mutatis mutandis to the aircraft, etc. to be

used by the United States of America pursuant to Article 4 of the Mutual Defense

Treaty between the Republic of Korea and the United States of America, and to

persons who ride therein and carry on flying duties.

(4) Provisions of Article 144 (1), 145, 146 and 151 shall not apply to the aircraft, etc.

to be used by the United States of America pursuant to Article 4 of the Mutual

Defense Treaty between the Republic of Korea and the United States of America,

and to persons who ride therein and carry on flying duties.


Article 2-4 (Special Cases of Application to Aircraft for Use by State Agency, etc.)

(1) The provisions of this Act, with the exception of Articles 53, 56, and 153, shall

apply to the aircraft for use by a state agency, etc. and the persons who are engaged

in the air service concerned.

(2) Notwithstanding the provisions of paragraph (1), the provisions of Article 38-2, 43

and 54, subparagraphs 1 through 3 of Article 55, Article 70 (1) and subparagraph 2

of Article 74-2 shall not apply to the cases where the aircraft for use by a state

agency, etc. is operated (including the cases of operation for training) in an urgent

need for the public use prescribed by the Ordinance of the Ministry of Land,

Transport and Maritime Affairs, such as search and rescue due to a calamity or

disaster, etc., the extinguishment of a fire, the carrying of emergency patients.

(3) In applying the provisions of Articles 50 (5) though (7) and 50-2 to the aircraft for

use by a state agency, etc. the Minister of Land, Transport and Maritime Affairs

shall be deemed the head of the competent administrative agency. In this case, the

head of the competent administrative agency shall notify the Minister of Land,

Transport and Maritime Affairs of the contents of a report which he receives

pursuant to the provisions of Article 50 (5) through (7) and 50-2.


Article 2-5 (Establishment of Master Plan for Aviation Policy)

(1) The Minister of Land, Transport and Maritime Affairs shall establish a master plan

(hereinafter referred to as the “master plan for aviation policy”) for aviation policy

(excluding the matters about support and development of the aviation and space

industry under the Act on the Promotion of Aviation and Space Industry

Development; hereinafter the same shall apply).

(2) The master plan for aviation policy shall include any of the following matters:

1. change and prospect of the environment of the international and domestic

aviation policy;

2. objective of aviation policy, strategy plan and plan by each phase;

3. matters for developing the domestic air transportation business, etc. and

strengthening competitiveness;

4. matters about efficient development and operation of airports;

5. matters about protection of airport users and service improvement;

6. matters about producing manpower with specialty in aviation and developing

aviation safety technology;

7. matters about safety management of air traffic; and

8. other matters necessary for the promotion of regular air transportation business.

(3) The master plan for aviation policy shall come over the development plan of

aviation safety technology under article 37-2, the aviation safety program under

Article 49 (1) and the mid and long term plan for airport development under

Article 89, and shall be the basis for the said plans.

(4) Where the Minister of Land, Transport and Maritime Affairs establishes the master

plan for aviation policy or alters important matters prescribed by the Presidential

Decree, he shall hold consultation with the heads of relevant central administrative

agencies, Mayor of Special Metropolitan City, Mayor of Metropolitan City and Do

governor or governor of the Special Self-governing Province (hereinafter referred

to as the “Mayor/Do governor”).

(5) Where the Minister of Land, Transport and Maritime Affairs establishes or alters

the master plan for aviation policy under paragraph (4), he shall publish it on the

bulletin and inform to the head of relevant central administrative agency and

City/Do governor.

(6) The Minister of Land, Transport and Maritime Affairs shall establish an

implementation plan by each year which is necessary for implementing the master

plan for aviation policy.


Article 2-6 (Establishment of Aviation Policy Committee)

(1) The aviation policy committee shall be established under the Minister of Land,

Transport and Maritime Affairs in order to deliberate any of the following matters.

1. establishment or alteration of the master plan for aviation policy;

2. establishment or alteration of the implementation plan by each year under

Article 2-5 (6);

3. other important matters for aviation policy, which will be deliberated by the


(2) Matters necessary for establishing and operating the aviation policy committee

shall be prescribed by the Presidential Decree.

<This Article newly inserted by Act No. 9780, Jun. 9, 2009>

CHAPTER II AIRCRAFT<Amended by Act No. 9780, Jun. 9, 2009>

Article 3 (Registration of Aircraft)

Any person who owns or leases an aircraft, and has a right to use it (hereinafter referred

to as “owner, etc.”), shall register it with the Minister of Land, Transport and Maritime

Affairs. Provided, That the same shall not apply to the aircraft prescribed by the

Presidential Decree.


Article 4 (Acquisition of Nationality)

The aircraft which is registered under the provisions of Article 3, shall acquire the

nationality of the Republic of Korea, and have the right and duty incidental to it.


Article 5 (Registration of Ownership)

(1) Any acquisition, forfeiture or alteration of the ownership to the aircraft shall

become effective only after it is registered.

(2) The right of lease to the aircraft shall become effective to the third person only

after it is registered.


Article 6 (Restrictions on registration of Aircraft)

(1) No aircraft which is owned or leased by a person falling under any of the following

subparagraphs, may be registered. Provided, That the same shall not apply in the

case where a national or juristic person of the Republic of Korea has leased, or has

the right to use, that aircraft.

1. a person who is not a citizen of the Republic of Korea;

2. a foreign government or foreign public organization;

3. a foreign corporation or organization;

4. a corporation, not less that 50 percent of shares or a stake of which are owned by

any person falling under each of subparagraphs 1 through 3 and which is virtually

controlled by such person, and

5. a corporation whose representative is a foreigner, or half or more of whose

officers are foreigners.

(2) No aircraft having a foreign nationality may be registered.


Article 7 Deleted <by Act No. 5963, Apr. 15, 1999>

Article 8 (Matters to be Registered)

(1) Where the owner, etc. files an application for registration of the aircraft, the

Minister of Land, Transport and Maritime Affairs shall enter the following matters

in the original aircraft register:

1. type of the aircraft;

2. manufacturer of the aircraft;

3. serial number of the aircraft;

4. station of the aircraft;

5. name or title, address and nationality of the owner, lessee or lessor,

6. date of registration; and

7. mark of registration.

(2) Matters other than those as referred to in paragraph (1), which are necessary for

the registration of aircraft, shall be determined by the Presidential Decree.


Article 9 (Issue of Registration Certificate)

The Minister of Land, Transport and Maritime Affairs shall, upon making a registration

of the aircraft under the provisions of Article 8, issue to the applicant an aircraft

registration certificate.


Article 10 (Registration of Modification)

Where any of the matters as prescribed in Article 8 (1) 4 is modified, the owner, etc.

shall apply for registration of such modification to the Minister of Land, Transport and

Maritime Affairs.


Article 11 (Registration of Transfer)

In the case where the ownership or lease of registered aircraft is transferred, the owner,

transferee or lessee shall apply for a registration of transfer to the Minister of Land,



Article 12 (Registration of Cancellation)

(1) Any owner, etc. shall apply for a registration of cancellation to the Minister of

Land, Transport and Maritime Affairs within 15 days after the cause occurs in the

following cases:

1. where the aircraft is destroyed or ruined or dismantled (excluding any

dismantlement made for maintenance, rebuilding, transport or keeping)

2. where it is obscure whether the aircraft exists or not, for two more months;

3. where he has transferred or leased the aircraft to a person who falls under any of

the subparagraphs of Article 6 (1) (limited only to a case where the aircraft

acquires a foreign nationality); and

4. where he has lost the right to use the aircraft due to the expiration of the lease

term.

(2) In the case as referred to in paragraph (1), if the owner, etc. fails to apply for the

registration of cancellation, the Minister of Land, Transport and Maritime Affairs

shall demand him to make it in a prescribed period of seven or more days.

(3) If the owner, etc. fails to make the registration of cancellation even after the

demand is made under the provisions of paragraph (2), the Minister of Land,

Transport and Maritime Affairs shall cancel the registration ex officio, and notify it

to the interested persons such as the owner, etc.


Article 13 (Request for Inspection of Copy, etc. of Registration)

Any person may request the Minister of Land, Transport and Maritime Affairs for

delivery of a copy or abstract of the original aircraft register or inspection of such

original aircraft register.


Article 14 (Attachment of Registration Symbol Mark<Amended by Act No. 9780,

Jun. 9, 2009>)

(1) Any owner, etc. shall, upon registering the aircraft, attach the registration symbol

mark of the aircraft according to such form, location, method, etc. as determined

by the Ordinance of the Ministry of Land, Transport and Maritime Affairs.

<Amended by Act No. 9780, Jun. 9, 2009>

(2) Deleted <by Act No. 5794, Feb. 5, 1999>

(3) No person shall damage the registration symbol mark attached under the provisions

of paragraph (1). <Amended by Act No. 9780, Jun. 9, 2009>

Article 15 (Certification of Airworthiness)

(1) Any person who desires to obtain a certification that the aircraft has a performance

to fly safely (hereinafter referred to as the “certification of airworthiness”), shall

apply for it to the Minister of Land, Transport and Maritime Affairs under the

conditions as prescribed by the Ordinance of the Ministry of Land, Transport and

Maritime Affairs.

(2) The certification of airworthiness referred to in paragraph (1), may not be issued to

the aircraft having no nationality of the Republic of Korea. Provided, That this

shall not apply to the case of the aircraft as prescribed by the Ordinance of the


(3) The aircraft for which no certification of airworthiness is issued, shall not be used

for aviation. Provided, That the same shall not apply in the case where the Minister

of Land, Transport and Maritime Affairs permits it for a test flight, etc.

(4) The validity term of the certification of airworthiness shall be one year. Provided,

That the validity term thereof may be extended taking into account the type of the

aircraft and the owner, etc.’s ability to maintain the aircraft (referring to the

maintenance ability of any person who has obtained a maintenance organization

certification in the event that the maintenance, etc. is commissioned in accordance

with Article 138 (2)) under the conditions as prescribed by the Ordinance of the


(5) In issuing the certification of airworthiness under the provisions of paragraph (1),

the Minister of Land, Transport and Maritime Affairs shall inspect whether or not

the aircraft conforms to the technical standards to secure the safety of aviation as

proclaimed by the Minister of Land, Transport and Maritime Affairs (hereinafter

referred to as the “technical standards”) and then designate the operational limits of

the aircraft. In this case, where the aircraft falls under any of the following

subparagraphs, the inspection may be omitted partially under the conditions as

prescribed by the Ordinance of the Ministry of Land, Transport and Maritime

Affairs:

1. aircraft which is given the certification of type under the provisions of Article

17;

2. aircraft which is given the approval of the certification of type under the

provisions of Article 17-2;

3. aircraft manufactured by an aircraft maker who has obtained the certification

of manufacturer under the provisions of Article 17-3; and

4. imported aircraft which obtained the certification of airworthiness from the

exporting country

(6) The Minister of Land, Transport and Maritime Affairs may, if he deems it difficult

to ensure the safety of the aircraft due to failure to obtain the approval provided for

in Article 19 (1) or as a result of the inspection as prescribed in Article 153 (3),

suspend the effect of the certification of airworthiness as to the aircraft, or shorten

the term of validity.

(7) The owner, etc. shall, if he intends to operate his aircraft, keep the relevant aircraft

in a state of airworthiness.

(8) The Minister of Land, Transport and Maritime Affairs shall frequently check

whether the owner, etc. maintain his aircraft in a state of airworthiness pursuant to

paragraph (7) and may order the owner, etc. to maintain his aircraft, engines,

propellers (hereinafter referred to as the “aircraft, etc.”), equipment or parts.


Article 15-2 (Airworthiness Certification for Export)

(1) If a person intends to export the aircraft, etc., equipment or parts which are

manufactured, operated or maintained, he may submit an application for

airworthiness certification for export to the Minister of Land, Transport and

Maritime Affairs as prescribed by the Ordinance of the Ministry of Land,


(2) The Minister of Land, Transport and Maritime Affairs shall, upon receiving such

application under paragraph (1), grant the certification of airworthiness for export

where he recognizes that the aircraft, etc., equipment or parts, which are

manufactured, operated or maintained, are in conformity with technical standards.


Article 16 (Certification of Conformity with Noise Standards)

(1) The owner, etc. of the aircraft as prescribed by the Ordinance of the Ministry of

Land, Transport and Maritime Affairs shall obtain a certification of conformity

with noise standards under the conditions as prescribed by the Ordinance of the

Ministry of Land, Transport and Maritime Affairs, when he obtains the

certification of airworthiness as prescribed by the Ordinance of the Ministry of

Land, Transport and Maritime Affairs and when the aircraft’s noise level has been

altered after repair and remodeling.

(2) The aircraft which fails to obtain the certification of conformity with noise

standards as referred to in paragraph (1) or to meet the standards for such

certification shall not be operated. Provided, That this shall not apply to the aircraft

whose operation is permitted by the Minister of Land, Transport and Maritime

Affairs.

(3) Matters necessary for the certification of conformity with noise standards as

referred to in paragraph (1) and the permission of operation as provided for in the

proviso of paragraph (2) shall be determined by the Ordinance of the Ministry of



Article 17 (Certification of Type)

(1) Any person who intends to manufacture the aircraft, etc. may have a certification

of type issued by the Minister of Land, Transport and Maritime Affairs with

respect to the design of the aircraft, etc. under the conditions as prescribed by the

Ordinance of the Ministry of Land, Transport and Maritime Affairs. The same

shall also apply in a case where he desires to modify it.

(2) In issuing the certification of type under the provisions of paragraph (1), the

Minister of Land, Transport and Maritime Affairs shall inspect whether or not it is

in conformity with the technical standards, and if it is deemed it conforms to such

technical standards, he shall deliver the certification of type.

(3) In cases where a domestic manufacturer of aircraft, etc. manufactures the aircraft,

etc. through an introduction of manufacturing technology of the aircraft, etc.

holding a certification of type issued by a foreign country, the Minister of Land,

Transport and Maritime Affairs may omit part of the inspection as referred to in

paragraph (2) under the conditions as prescribed by the Ordinance of the Ministry

of Ministry of Land, Transport and Maritime Affairs.

(4) Any person who intends to modify a design, in order to install the equipment or

parts of other type in the aircraft, etc. for which a certification of type referred to in

paragraph (1) is granted or the approval for the certification of type provided for in

Article 17-2 is granted, may obtain an additional certification of type from the

Minister of Land, Transport and Maritime Affairs under the conditions as


Affairs.


Article 17-2 (Approval of Certification of Type for Imported Aircraft, etc.)

(1) Any aircraft maker who intends to export to the Republic of Korea the aircraft,

etc. with a certification of type with respect to the design of the air-craft, etc.

given by a foreign government may obtain approval (hereinafter referred to as the

"approval for the certification of type") from the Minister of Land, Transport and

Maritime Affairs as to whether the certification of type given by the foreign

government for each classification of types of aircraft, etc. is in conformity with

technical standards under the conditions as prescribed by the Ordinance of the


(2) In approving the certification of type under the provisions of paragraph (1), the

Minister of Land, Transport and Maritime Affairs shall inspect whether it is in

conformity with the technical standards: Provided, That the inspection may be

exempted with respect to the aircraft, etc. which has been given the certification

of type by any of foreign countries that have concluded an aviation safety accord

with the Republic of Korea.

(3) The Minister of Land, Transport and Maritime Affairs shall, when he recognizes

the conformity of the certification of type with the technical standards as a result

of the inspection under the provisions of paragraph (2), issue a written approval

of the certification of type under the conditions as prescribed by the Ordinance of

the Ministry of Land, Transport and Maritime Affairs.


Article 17-3 (Certification of Manufacture)

(3) Any person who intends to manufacture aircraft, etc. which is given the

certification of type under the provisions of Article 17 may obtain a certification

proving that he is in possession of technologies, facilities, manpower and

inspection systems, etc. that make it possible for him to manufacture aircraft, etc.

(hereinafter referred to as the "certification of manufacture") from the Minister of

Land, Transport and Maritime Affairs under the conditions as prescribed by the

Ordinance of the Ministry of Land, Transport and Maritime Affairs.

(4) Where any person who manufactures aircraft, etc. which is given the certification

of type under the provisions of Article 17 obtains a certification of manufacture

from a certificating institution which enjoys a high international credit and is


Affairs, he shall be deemed to have obtained such certification of manufacture

under the provisions of paragraph (1).


Article 18 (Change in Criteria for Inspection of Airworthiness Certification)

If the technical standards are changed, and the type of the aircraft for which the

certification of type is given becomes unconformed to the changed standards, the owner,

etc. shall obtain approval for airworthiness from of the Minister of Land, Transport and

Maritime Affairs.


Article 19 (Approval for Repair and Modification)

(1) The owner, etc. of the aircraft for which the certification of airworthiness is

granted, shall, if he intends to repair or modify such aircraft, etc. or its equipment

and parts within the scope prescribed by the Ordinance of the Ministry of Land,

Transport and Maritime Affairs, obtain approval for the conformity of such repair

and modification with the technical standards (hereinafter referred to as the

"approval for repair and modification") from the Minister of Land, Transport and

Maritime Affairs under the conditions as prescribed by the Ordinance of the


(2) The owner, etc. shall be prohibited from using the aircraft, etc., equipment or parts,

for which approval for their repair and modification referred to in paragraph (1) is

not granted, for its operation or other aircraft, etc.

(3) In the case falling under any of the following subparagraphs, notwithstanding the

provisions of paragraph (1), if it is in conformity with the technical standards, the

approval for repair and modification shall be deemed to be granted:

1. Where any person who has obtained the approval of type under Article 20

repairs and modifies technical-standard goods which have been manufactured

by him;

2. Where any person who has obtained the certification of parts, etc.

manufacturer under Article 20-2 repairs and modifies the equipment or parts

which have been manufactured by him; and

3. Where any person who has obtained a maintenance organization certification

under Article 138 repairs and modifies the aircraft, etc., equipment and parts.


Article 20 (Approval of Type for Technical-Standard Goods)

(1) Any person who intends to design and manufacture the equipment that is

prescribed and published by the Minister of Land, Transport and Maritime Affairs

in order to secure the safety of aircraft, etc. (hereinafter referred to as the

"technical-standard goods") shall obtain the approval of type with respect to the

design and manufacture of the technical-standard goods from the Minister of

Land, Transport and Maritime Affairs under the conditions as prescribed by the

Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided,

That the technical-standard goods that have been granted the approval of type by

any country that has concluded a treaty on the approval of type of the technical-

standard goods with the Republic of Korea and other technical-standard goods as


Affairs shall be deemed to have been granted the approval of type in accordance

with the provisions of the main sentence.

(2) Any technical-standard goods that are not granted the approval of type under

paragraph (1) shall be prohibited from being used for the aircraft, etc.


Article 20-2 (Certification of Parts, etc. Manufacturer)

(1) Any person who intends to manufacture equipment and parts to be used for

aircraft, etc. shall obtain the certification proving that he has the manpower,

facilities, technology and the test system, etc. that make it possible for him to

manufacture the equipment or parts in conformity with the technical standards

(hereinafter referred to as the "certification of parts, etc. manufacturer") from the



Affairs: Provided, That the same shall not apply to a case where he manufactures

the equipment or parts falling under any of the following subparagraphs:

1. The equipment or parts of the same type that are manufactured by the

manufacturer of the equipment or parts that are installed in any imported

aircraft, etc. at the time the certification of type is granted under Article 17 or

at the time the approval for the certification of type for the imported aircraft,

etc. is granted under Article 17-2;

2. The technical-standard goods that are manufactured after obtaining the

approval of type under Article 20;

3. Other equipment and parts that are prescribed by the Ordinance of the Ministry

of Land, Transport and Maritime Affairs.

(2) Any owner, etc. shall be prohibited from using any equipment or any parts, for

which the certification of parts, etc. manufacturer referred to in paragraph (1) is

not granted, for any aircraft, etc. or any equipment.

(3) Any person who has obtained the certification of parts, etc. manufacturer from

any country that has concluded a treaty on the certification of parts, etc.

manufacturer with the Republic of Korea shall be deemed to have been granted

the certification of parts, etc. manufacturer under paragraph (1).


Article 21 Deleted <by Act No. 7024, Dec. 30, 2003>

Article 22 (Maintenance, Repair or Modification of Aircraft)

In the case where any owner, etc. has maintained (excluding insignificant maintenance

as prescribed by the Ordinance of the Ministry of Land, Transport and Maritime

Affairs), repaired or modified (excluding repair or modification as prescribed in Article

19 (1)) the aircraft, the equipment and parts, he may not use the aircraft for aviation

unless it is confirmed by a person holding the certification of qualification as prescribed

in subparagraph 9 of Article 26, that conforms to the technical standards: Provided,

That this shall not apply in case where the aircraft is put in good condition in an area

outside the Republic of Korea, in which it is difficult to obtain the confirmation, and

where a person having the qualification as prescribed by the Ordinance of the Ministry

of Land, Transport and Maritime Affairs confirms the safety of the aircraft.


Article 23 (Ultra Light Flying Device, etc.)

(1) Any person who owns any ultra light flying device shall file a report about the kind,

the use, the name of owner, etc. with the Minister of Land, Transport and Maritime

Affairs as prescribed by the Ordinance of the Ministry of Land, Transport and

Maritime Affairs, receive the report number and put the number on the device:

Provided, That this shall not apply in cases of such ultra light flying devices

prescribed by the Presidential Decree.

(2) Any person who desires to make a flight using an ultra light flying device as

stipulated by the Ordinance of the Ministry of Land, Transport and Maritime

Affairs, such as the power flying device, etc., in the aerial zone published by the

Minister of Land, Transport and Maritime Affairs wherein any flight of ultra light

flying device is limited, shall make a flight plan in advance and obtain an approval

from the said Minister.



Affairs, such as the power flying device etc., shall obtain a confirmation from the

institution or organization designated by the Ordinance of the said Ministry, to the

effect that he is compatible with the qualification criteria set and published by the




Affairs, such as the power flying device, etc., shall obtain a safety certification

from the institution or organization designated by the Ordinance of the said

Ministry, to the effect that an ultra light flying device is compatible with the

technological criteria for flight safety set and published by the Minister of Land,




Affairs, such as the power flying device etc. which flies for profit-making purposes,

shall take out an insurance policy as designated by the Ordinance of the Ministry


(6) The Minister of Land, Transport and Maritime Affairs may designate as a

specialized educational institution the institution which satisfies the standards for

manpower and facilities, etc. as designated by the Ordinance of the Ministry of

Land, Transport and Maritime Affairs for the purpose of education and training of

pilots of the ultra light flying device.

(7) Where an ultra light flying device has had an accident, the operator of the device

shall without delay report it to the Minister of Land, Transport and Maritime

Affairs under the conditions as prescribed by the Ordinance of the Ministry of

Land, Transport and Maritime Affairs: Provided, That where the operator is unable

to make such a report, the owner of the ultra light flying device shall report it.

(8) The operator of an ultra light flying device shall comply with the matters as


Affairs in operating the ultra light flying device so as not to cause any damage to

human lives or property.

(9) Any person who desires to make a flight using an ultra light flying device in the

aerial zone published by the Minister of Land, Transport and Maritime Affairs

wherein any flight of ultra light flying device is limited shall install or carry

devices prescribed by the Ordinance of the Ministry of Land, Transport and

Maritime Affairs for safe flight and rapid rescue in an accident. Provided, the same

shall not apply to the ultra light flying devices prescribed by the Ordinance of the

Ministry of Land, Transport and Maritime Affairs, such as unmanned flying

devices.


Article 23-2 (Report on Alteration of Ultra Light Flying Devices)

(1) Any person who owns any ultra light flying device shall file a report about

alteration with the Minister of Land, Transport and Maritime Affairs as prescribed

by the Ordinance of the Ministry of Land, Transport and Maritime Affairs if he

intends to alter reported matters under Article 23 (1).

(2) Any person who owns any ultra light flying device shall file a report about

alteration with the Minister of Land, Transport and Maritime Affairs if he intends

to transfer the ownership of the reported ultra light flying device.

(3) Any person who owns any ultra light flying device shall file a report of

cancellation where the ultra light flying device is destroyed or dismantled

(excluding the dismantlement for repair, remodeling, transportation or keeping)

with the Minister of Land, Transport and Maritime Affairs within 15 days after the

cause occurs.


Article 24 (Light Aircraft, etc.)

(1) Any person who intends to make a flight using a light aircraft shall establish a

flight plan and obtain approval of the Minister of Land, Transport and Maritime

Affairs.

(2) Any person who intends to make a flight using a light aircraft shall obtain a safety

certification from the institution or organization designated by the Ordinance of the

said Ministry, to the effect that an ultra light flying device is compatible with the

technological criteria for flight safety set and published by the Minister of Land,


(3) Any owner of a light aircraft or any person who intends to make a flight using a

light aircraft shall, if he repairs the light aircraft, equipment or parts, obtain the

confirmation of an aircraft mechanic with a qualification certificate under Article

26 (9) that such maintenance is compatible with the technological criteria under

paragraph (2). Provided, That the same shall not apply to insignificant maintenance


Affairs.

(4) Any owner of a light aircraft or any person who intends to make a flight using a

light aircraft shall take out an insurance policy as designated by the Ordinance of


(5) Any pilot of light aircraft shall comply with the matters as prescribed by the

Ordinance of the Ministry of Land, Transport and Maritime Affairs to prevent

damages to persons and property.

(6) Any person who intends to make a flight using a light aircraft shall not use the

aircraft for profit-making purposes. Provided, the same shall not apply to the case

of making a flight for pilot training.

(7) Where a light aircraft has had an accident, the pilot of the aircraft shall without

delay report it to the Minister of Land, Transport and Maritime Affairs under the


Maritime Affairs: Provided, That where the pilot is unable to make such a report,

the owner of the light aircraft shall report it.

(8) With respect to the light aircraft, Articles 3 through 6, 8 through 14, 33, 34, 35, 38-

2, 39, 47, 54 and 79 shall apply mutatis mutandis.


CHAPTER III AIRMEN <Amended by Act No. 9780, Jun. 9, 2009>

Article 25 (Certification of Qualifications, etc.)

(1) Any person who intends to engage in the air service shall obtain a certification of

qualification for airman (hereinafter referred to the "certification of qualification")

from the Minister of Land, Transport and Maritime Affairs under the conditions as


Affairs.

(2) Any person falling under any of the following subparagraphs shall be prohibited

from obtaining the certification of qualification:

1. A person whose age falls below what is defined in the following items:

(a) 17 years old in case of a qualification for the pilot of a private aircraft

(16 years old in case of the pilot of a private glider);

(b) 18 years old in case of a qualification for the pilot, second pilot, flight

navigator, flight engineer, air traffic controller or aircraft mechanic of a

commercial aircraft; and

(c) 21 years old in case of a qualification for the pilot and aircraft dispatcher of a

transport aircraft; and

2. Any person for whom two years have not elapsed from the date on which his

qualification was revoked after being subjected to a disposition taken to

revoke his qualification under the provisions of Article 33 (1).

(3) Notwithstanding the provisions of paragraphs (1) and (2), any serviceman who

controls aircraft at the airfield subject to the application of the Protection of

Military Installations Act, may perform his control duties by obtaining an

authorization for qualification from the Minister of National Defense.


Article 26 (Classification of Certification of Qualification)

The certification of qualification shall be classified as follows:

1. Airline transport pilot;

2. Commercial pilot;

3. Private pilot;

4. Second pilot;

5. pilot of light aircraft ;

6. Flight navigator;

7. Flight engineer;

8. Air traffic controller;

9. Aircraft mechanic; and

10. Aircraft dispatcher.


Article 27 (Scope of Service<Amended by Act No. 9780, Jun. 9, 2009>)

(1) No person holding a certification of qualification shall be engaged in any air

service other than that pertaining to the certification of qualification which he

holds. <Amended by Act No. 9780, Jun. 9, 2009>

(2) The scope of services by certification of qualification for airmen under paragraph

(1), shall be as shown in the annexed Table. <Aamended by Act No. 9780, Jun. 9,

2009>

(3) Deleted. <by Act No. 6944, Jul. 25, 2003>

(4) The provisions of paragraphs (1) and (2) shall not apply in a case where a person

gets in and flies the aircraft as prescribed by the Ordinance of the Ministry of Land,

Transport and Maritime Affairs (including handling of fuselage and engines on

board the aircraft), and where a person conducts a test flight, etc. on board the

aircraft of a new category, class or type, with the permission of the Minister of

Land, Transport and Maritime Affairs. <Amended by Act No. 9780, Jun. 9, 2009>

Article 28 (Limitation on Certification of Qualification)

(1) The Minister of Land, Transport and Maritime Affairs may limit the certification

of qualification under the following subparagraphs:

1. In the case of an airline transport pilot, commercial pilot, private pilot, second

pilot or flight engineer: the kind, class or type of the aircraft.

2. In the case of pilot of light aircraft: the kind of light aircraft

3. In the case of aircraft mechanic: the kind of aircraft and the scope of

maintenance duties.

(2) Any airman whose certification of qualification is limited under paragraphs (1) and

(2), shall not be engaged in the aircraft of the category, class or type other than that

of the limited aircraft, or in any air service other than limited maintenance service.

(3) Detailed matters for limiting the certification of qualification under paragraph (1)

shall be prescribed by the Presidential Decree.


Article 29 (Conduct of and Exemption from Examination<Amended by Act No.

9780, Jun. 9, 2009>)

(1) Any person who desires to obtain the certification of qualification, shall pass the

examination on academic subjects and practical test which are conducted by the

Minister of Land, Transport and Maritime Affairs with respect to the knowledge

and capabilities necessary for engaging in air service under the conditions as


Affairs. <Amended by Act No. 9780, Jun. 9, 2009>

(2) In a case where the Minister of Land, Transport and Maritime Affairs restricts the

certification of qualification by category, class or type of the aircraft (including

certification of the instrument flight and pilot training under Article 34) under

Article 28, he shall examine the flight careers and maintenance careers, etc. In this

case, the restriction on the initial certification of qualification on category and class

may be examined by the practical test. <Amended by Act No. 9780, Jun. 9, 2009>

(3) Deleted. <by Act No. 5794, Feb. 5, 1999>

(4) The Minister of Land, Transport and Maritime Affairs may exempt the following

person from the whole or part of the test and examination as referred to in

paragraphs (1) and (2) under the conditions as prescribed by the Ordinance of the

Ministry of Land, Transport and Maritime Affairs: <Amended by Act No. 9780,

Jun. 9, 2009>

1. A person who had a certification of qualification issued by a foreign

government;

2. A person who has completed the training course conducted by any specialized

educational institution provided for in Article 29-3;

3. A person who has business experiences; and

4. A person who has a qualification in the aeronautical technology field under the

National Technical Qualifications Act.

Article 29-2 (Practical Test for Qualification in Use of Flight Simulators)

(1) The Minister of Land, Transport and Maritime Affairs may conduct the practical

test under the provisions of Article 29 (1) using flight simulators instead of actual

aircraft.

(2) The flight career in use of the flight simulator designated by the Minister of Land,

Transport and Maritime Affairs shall be deemed to be the flight career in use of

aircraft under the provisions of Article 29 (2).

(3) Necessary matters concerning standards for designating flight simulators under the

provisions of paragraph (2) and the recognition of the flight career shall be

prescribed the Ordinance of the Ministry of Land, Transport and Maritime Affairs.


Article 29-3 (Designation of Specialized Educational Institutions)

(1) The Minister of Land, Transport and Maritime Affairs may designate any

specialized educational institution for airmen (hereinafter referred to as the

"specialized educational institution") in order to train airmen under the conditions


Affairs.

(2) The standards for designating any specialized educational institution under

paragraph (1) shall be set by the Ordinance of the Ministry of Land, Transport and

Maritime Affairs.

(3) In the event that any person who has obtained the designation of his specialized

educational institution fails to meet the designation standards referred to in

paragraph (2), the Minister of Land, Transport and Maritime Affairs may revoke

his designation.


Article 30 Deleted. <by Act No. 7691, Nov. 8, 2005>

Article 31 (Certification of Aviation Physical Examination)

(1) Any person who falls under any of the following items among those holding the

certification of qualification under subparagraphs 1 through 8 of Article 26 shall

obtain a certification of aviation physical examination by certification of

qualification from the Minister of Land, Transport and Maritime Affairs.

1. any person who is engaged in air service on board the aircraft among those

holding the certification of qualification under subparagraphs 1 through 4, 6

and 7 of Article 26 (hereinafter referred to as "flight crew").

2. any person who has obtained the certification of qualification under Article 26

(5), and ride in and operate the light aircraft.

3. any person who has obtained the certification of qualification under Article 26

(8) and desires to be engaged in air service in the capacity of an air traffic

controller.

(2) Necessary matters concerning the standards and methods for, and the valid term,

etc. of, certification of aviation physical examination by certification of

qualification under paragraph (1) shall be prescribed by the Ordinance of the


(3) Where a person subject to the certification of aviation physical examination meets

the standards for certification of aviation physical examination under paragraph (2),

the Minister of Construction and Transportation shall issue him with a certificate

of aviation physical examination.

(4) Even if a person subject to the certification of aviation physical examination fails

in part to meet the standards for certification of aviation physical examination by

certification of qualification under paragraph (2), the Minister of Land, Transport

and Maritime Affairs may issue him with a certificate of aviation physical

examination by limiting the scope of the air service concerned, if deemed

necessary in consideration of the experience and competence of the person subject

to the certification of aviation physical examination, under the conditions as


Affairs.

(5) Any person who is dissatisfied with the results of certification of aviation physical

examination by certification of qualification under paragraph (1) may raise an

objection under the conditions as prescribed by the Ordinance of the Ministry of


(6) Where the Minister of Land, Transport and Maritime Affairs has made a decision

on the objection under paragraph (5), he shall forthwith inform the applicant of the

details of such decision.


Article 31-2 (Designation, etc. of Specialized Aviation Doctor)

(1) The Minister of Land, Transport and Maritime Affairs may designate a specialized

doctor who has education in the specialized area of aeronautic medical science

(hereinafter referred to as a "specialized aviation doctor") to efficiently and

professionally conduct the specialized aviation doctor by certification of

qualification under Article 31, and allow him to perform the business of certifying

aviation physical examination under the said Article.

(2) Necessary matters concerning the standards, procedures, etc. for designating

specialized aviation doctors shall be prescribed by the Ordinance of the Ministry of


(3) Specialized aviation doctors shall complete a specialized education regularly

conducted by the Minister of Land, Transport and Maritime Affairs under the


Maritime Affairs.


Article 31-3 (Cancellation of Designation of Specialized Aviation Doctor)

(1) The Minister of Land, Transport and Maritime Affairs may, when any specialized

aviation doctor falls under any of the following subparagraphs, revoke his

qualification or order the suspension of the validity of his certification for a fixed

period of not more than one year: Provided, That where any specialized aviation

doctor falls under subparagraph 1 through 4, the certification of qualification, etc.

shall be revoked:

1. a specialized aviation doctor who is uncomformed to the designation standards

under Article 31-2 (2);

2. a specialized aviation doctor who issued wrong certifications of aviation

physical examination by intention or by serious mistake;

3. a specialized aviation doctor whose certification of qualification is revoked or

suspended under Article 65 or 66 of the Medical Act;

4. a specialized aviation doctor who applied for cancellation of his qualification;

5. a specialized aviation doctor who hasn’t completed the specialized education

under Article 31-2 (3);

6. a specialized aviation doctor who has neglected the duties under Article 31 (2).

(2) Procedures for the cancellation of designation and detailed matters for suspension

of validity, etc. shall be prescribed by the Ordinance of the Ministry of Land,



Article 32 (Order for Aviation Physical Examination)

The Minister of Land, Transport and Maritime Affairs may, when he deems it especially

necessary, order the flight crew and air traffic controller whose certificates of aviation

physical examination is still in the valid period to undergo physical examination under

the provisions of Article 31.


Article 33 (Revocation, etc. of Certification of Qualification and Aviation Physical

Examination)

(1) The Minister of Land, Transport and Maritime Affairs may, when any airman falls

under any of the following subparagraphs, revoke his qualification or his limited

qualification (hereafter referred to as the "certification of qualification, etc." in this

Article) or order the suspension of the validity of his certification for a fixed period

of not more than one year: Provided, That where any airman falls under

subparagraph 2 or 32, the certification of qualification, etc. shall be revoked:

1. When an airman is sentenced to a fine or heavier punishment for violating this

Act;

2. When an airman obtains the certification of qualification, etc. in an illegal

manner;

3. When an airman makes a serious mistake on purpose or by negligence while

performing his duties and causes serious damages to persons or property;


performing his duty of air traffic control and causes the risk of collision;

5. When an airman in charge of confirming maintenance, etc. under Article 22

confirms that an aircraft, equipment or parts, etc. falling short of technical

standards comply with the technical standards;

6. When an airman is engaged in air service other than that pertaining to the

certification of qualification which he holds in violation of Article 27 (1).

7. When an airman whose certification of qualification is limited is engaged in

the aircraft of the category, class or type other than that of the limited aircraft,

or in any air service other than limited maintenance service in violation of

Article 28 (2).

8. When an airman is engaged in air service or does pilot practices without

obtaining the certification of aviation physical examination by certification of

qualification in violation of Article 31 (1) (including the case when it is

applicable mutatis mutandis in Article 35 (4)).

9. When an airman makes an instrument flight or makes a flight in an instrument

flight method without obtaining the certification of instrument flight in

violation of Article 34 (1)..

10. When an airman conducts flight training without obtaining the certification of

flight training in violation of Article 34 (2).

11. When an airman is engaged in a business falling under any one of the

subparagraphs of Article 34-2 (1) without obtaining the certification of spoken

aviation English proficiency in violation of the same Article.

12. When an airman makes a flight in the non-control airspace or the airspace

requiring attention not abiding by flight manners and procedures which are

determined and published by the Minister of Land, Transport and Maritime

Affairs in violation of Article 38-2 (1).

13. When an airman makes a flight in the prohibited airspace without permission

from the Minister of Land, Transport and Maritime Affair or makes a flight

not abiding by flight manners and procedures as prescribed by the Minister of

Land, Transport and Maritime Affairs in violation of Article 38-2 (2).

14. When an airman operates an aircraft used for air transportation business or

aircraft-using business, or is engaged in instrument flight or night flight or

pilot training in violation of Article 34 (2) without flight experience.

15. When an airman renders his service in a state under which he is unable to

render his normal air service (including the pilot practice) due to the influence

of alcoholic beverages or the narcotics, etc. in violation of Article 47 (1).

16. When an airman uses or takes alcoholic beverages or the narcotics, etc. of

Article 47 (1) while rendering his air service (including the pilot practice) in

violation of Article 47 (2).

17. When an airman refuses to comply with the request of measure by using a

breath analyzer, etc. to confirm whether or not they drink or use the alcoholic

beverages, etc., in violation of Article 47 (3).

18. When flight crew and air traffic controllers who are unconformed to the

criteria for physical examination as prescribed in Article 31 (2), are engaged

in any air service in violation of Article 48.


performing his duties and causes aviation safety obstacle under Article 49-3

(1) or insignificant aviation safety obstacle under Article 49-4 (1).

20. When a pilot-in-command doesn’t fulfill his duties as prescribed in the

provisions of Article 50 (2) or (4) through (6).

21. When a pilot makes a flight without accreditation or examination of his

qualification for flight under Article 51.

22. When the pilot-in-command of the aircraft used for the air transportation

business takes off the aircraft or alters his flight plan without obtaining the

approval of the flight dispatcher in violation of Article 52 (2).

23. When an aircraft takes off and lands on any place other than airport on the

land, and any place other than places on the water as prescribed by the

Ordinance of the Ministry of Land, Transport and Maritime Affairs in

violation of Article 53.

24. When a person operates an aircraft without complying with the flight rules in


25. When an airman does prohibited act during making a flight in violation of

Article 55.

26. When a person transports dangerous goods by air without obtaining

permission in violation of Article 59 (1).

27. When a person moves, takes off, lands or operates an aircraft in an airfield, a

control area or a control zone not complying with the order and time of

moving, taking off and landing, and such method of flight, as instructed by the

Minister of Land, Transport and Maritime Affairs in violation of Article 70

(1).

28. When a flight crew or air traffic controller is engaged in the air service

without carrying his qualification certificate and aviation physical

examination certificate under the conditions as prescribed by the Ordinance of

the Ministry of Land, Transport and Maritime Affairs in violation of Article

74 (2).

29. When an airman makes a flight or renders his air service not complying with

the operational technology criteria under Article 74-2 in violation of Article

74-3.

30. When an airman makes a flight or renders his air service not complying with

the operation standards under Article 115-2 (2) in violation of Article 115-2

(4).

31. When an airman renders his air service not complying with the regulations for

operation of aircraft and for maintenance of aircraft under Article 116 (1) in


32. When an airman is engaged in air service during the period of business

suspension violating any order of suspension such as qualification suspension,

etc. under this Act.

(2) The Minister of Land, Transport and Maritime Affairs may, when any airman falls

under any of the following subparagraphs, revoke the certification of aviation

physical examination or order the suspension of the validity of such certification

for a fixed period of not more than one year: Provided, That where any airman falls

under subparagraph 1, his certification of aviation physical examination shall be

revoked:

1. When an airman obtains the certification of aviation physical examination in

an illegal manner;

2. When an airman is deemed to be unfit for air services because he no more

meets the standards for certification of aviation physical examination under

the provisions of Article 31 (2); and

3. When an airman violates the provisions of Article 32, 47, 48, or 74 (2)

(excluding the case where he fails to carry his certificate of qualification).

(3) Where any person, who applies for the examination for the certification of

qualification, etc. or undergoes other examination, commits an illegal act in

relation to such examination or other examination, or other person, who undergoes

the aviation physical examination, commits an illegal act in relation to such

physical examination, he shall be prohibited from applying for the examination for

the certification of qualification, etc. under this Act in case of the examination for

the certification of qualification, etc. and other examination and from undergoing

the physical examination under this Act in case of the physical examination for two

years, respectively from the date on which he commits such illegal act. <Amended

by Act No. 7691, Nov. 8, 2005>

(4) Standards and procedures for the disposition under the provisions of paragraphs (1)

and (2) and other necessary matters shall be prescribed by the Ordinance of the



Article 34 (Certification of Instrument Flight and Pilot Training)

(1) Where a person who obtains the certification of qualification as an airline transport

pilot (limited to the case where he flies a rotor aircraft), commercial pilot, private

pilot or second pilot intends to make the flight falling under the following

subparagraphs using the aircraft which he can fly, he shall obtain the certification

of instrumental flight from the Minister of Land, Transport and Maritime Affairs

under the conditions as prescribed by the Ordinance of the Ministry of Land,

Transport and Maritime Affairs:

1. Instrument flight; and

2. Flight by instrument flight formula.

(2) Any person who desires to conduct pilot training for a person under any of the

following pilot practices, shall obtain the certification of pilot training by category

of aircraft from the Minister of Land, Transport and Maritime Affairs under the


Maritime Affairs:

1. Pilot practice done by a person without the certification of qualification as

prescribed in subparagraphs 1 through 3 of Article 26 on board the aircraft

(excluding the aircraft as prescribed by the Ordinance of the Ministry of Land,

Transport and Maritime Affairs under Article 27 (4)); and

2. Pilot practice done by a person with the certification of qualification as

prescribed in subparagraphs 1 through 3 of Article 26 on board the aircraft

other than that of such category as limited on the certification of qualification.

(3) Matters necessary for pilot training as referred to in paragraph (2) shall be

determined by the Ordinance of the Ministry of Land, Transport and Maritime

Affairs.

(4) The provisions of Articles 29 and 33 (1) and (3) shall apply mutatis mutandis to the

instrument flight certification and pilot training certification referred to in

paragraphs (1) and (2).


Article 34-2 (Certification of Spoken Aviation English Proficiency)

(1) Any person who desires to be engaged in a business falling under any one of the

following subparagraphs shall obtain the certification of spoken aviation English

proficiency from the Minister of Land, Transport and Maritime Affairs :

1. Operation of aircraft flying through the airspaces of two or more countries;

2. Control of aircraft flying through the airspaces of two or more countries; or

3. Wireless communication with aircraft flying through the airspaces of two or

more countries among air communication services under Article 80-3.

(2) Necessary matters concerning the conduct of the examination for certification of

spoken aviation English proficiency under paragraph (1), the grades of such

certification, the standards for passing the examination by grade, the valid period

of such certification by grade, etc. shall be prescribed by the Ordinance of the


(3) Where a person who desires to obtain the certification of spoken aviation English

proficiency meets the standards for passing the examination by grade as stipulated

in paragraph (2), the Minister of Land, Transport and Maritime Affairs shall issue

him with a certificate of spoken aviation English proficiency under the conditions


Affairs.

(4) Notwithstanding the provisions of paragraph (3), where a person who desires to

obtain the certification of spoken aviation English proficiency, performing control

duties by obtaining authorization for qualification therefor from the Minister of

National Defense under Article 25 (3), meets the standards for passing the

examination by grade as provided for in paragraph (2), the Minister of National

Defense may issue him with a certificate of spoken aviation English proficiency.

(5) A person who desires to obtain the certification of spoken aviation English

proficiency may be exempt from the examination for certification of spoken

aviation English proficiency under paragraph (2) within the valid period of such

certification by grade.

(6) The provisions of Article 33 (1) 2 and (3) shall apply mutatis mutandis with

respect to the certification of spoken aviation English proficiency under paragraph

(1). In this case, the term ‘certification of qualification' and ‘certification of

aviation physical examination' shall be deemed ‘certification of spoken aviation

English proficiency'.


Article 35 (Pilot Practice of Aircraft)

(1) The provisions of Articles 27 (1) and (2) and 28 (3) shall not apply to any piloting

for any of the following pilot practices:

1. Pilot practice done by a person holding the certification of qualification under

subparagraphs 1 through 3 of Article 26 and that of aviation physical

examination under Article 31 on board the aircraft (limited to the aircraft of

limited category) other than that of a limited class or type, under the

supervision of a person holding the certification of qualification and that of

aviation physical examination by which he is allowed to pilot the aircraft

(including those who are designated by the Minister of Land, Transport and

Maritime Affairs, who deems that they have knowledge and capability to pilot

the aircraft);

2. Pilot practice as prescribed in Article 34 (2) 1, which is done under the

supervision of a person holding the pilot training certification after obtaining

permission from the Minister of Land, Transport and Maritime Affairs; and

3. Pilot practice as prescribed in Article 34 (2) 2, which is done under the

supervision of a person holding the pilot training certification.

(2) In a case where an applicant for permission as referred to in paragraph (1) 2 is

deemed to have the capability necessary for doing a pilot practice of the aircraft,

the Minister of Land, Transport and Maritime Affairs shall permit it under the


Maritime Affairs.

(3) Permission as referred to in paragraph (1) 2 shall be made by delivering a written

permission for pilot practice to the applicant.

(4) The provisions of Articles 31 through 33 shall apply mutatis mutandis to a person

who obtains permission as referred to in paragraph (1) 2.


Article 36 (Carrying of Written Permission for Pilot Practice, etc.)

Any person who has been delivered a written permission for the pilot practice of aircraft

provided for in Article 35 (3) shall, when he practices the flying, carry his written

permission for pilot practice of aircraft and his aviation physical examination certificate.


Article 37 Deleted. <by Act No. 7024, Dec. 30, 2003>

CHAPTER IV OPERATION OF AIRCRAFT <Amended by Act No. 9780, Jun. 9,

2009>

Article 37-2 (Establishment and Implementation of Plan for Developing Aviation

Safety Technology)

The Minister of Land, Transport and Maritime Affairs shall establish and implement a

plan for developing aviation safety technology, which contains the matters of the

following subparagraphs, in order to facilitate the development of the aviation safety

technology:

1. Matters concerning the development of aviation operation technology;

2. Matters concerning the training of persons in charge of aviation safety;

3. Matters concerning the innovation of air traffic control technology; and

4. Other matters necessary to innovate the aviation safety technology.


Article 38 (Designation of Airspace, etc. <Amended by Act No. 9780, Jun. 9, 2009>)

(1) Deleted. <by Act No. 7691, Nov. 8, 2005>

(2) The Minister of Land, Transport and Maritime Affairs may, when he deems it

necessary for the systematic and efficient administration of the airspace, divide the

flight information zone into the airspace falling under each of the following

subparagraphs and then designate and publish the divided flight information zone:

<Amended by Act No. 9780, Jun. 9, 2009>

1. Controlled airspace: An airspace where instructions from the Minister of Land,

Transport and Maritime Affairs with respect to the order, time, method, etc., of

flight are required for the safety of air traffic and such airspace includes the

controlled zone and the controlled area;

2. Non-controlled airspace: An airspace other than the controlled airspace where

advice and flight information, etc. required for flight is offered to aircraft;

3. Prohibited airspace: An airspace where the prohibition or restriction of the

flight of aircraft is required for the air traffic safety; and

4. Airspace requiring attention: An airspace where pilots are required to remain

attentive, alert and discernable while flying their aircraft.

(3) The Minister of Land, Transport and Maritime Affairs may, when he deems it

necessary, further divide the airspace which is defined under the provisions of

paragraph (2) into smaller zones and publish them after separately designating

them as prescribed by the Ordinance of the Ministry of Land, Transport and

Maritime Affairs. <Amended by Act No. 9780, Jun. 9, 2009>

(4) Necessary matters concerning standards for establishing and designating the

airspace, etc. referred to in paragraphs (2) and (3) shall be prescribed by the

Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by

Act No. 9780, Jun. 9, 2009>


Article 38-2 (Restrictions on Flight, etc.)

(1) Any aircraft flying the non-control airspace or the airspace requiring attention

under the provisions of Article 38 (2) shall abide by flight manners and procedures

which are determined and published by the Minister of Land, Transport and

Maritime Affairs.

(2) Any aircraft shall be prohibited from flying the prohibited airspace as provided in

Article 38 (2): Provided, That the same shall not apply to the case where any

aircraft flies the prohibited airspace in such manners and procedures as prescribed

by the Minister of Land, Transport and Maritime Affairs after obtaining permission

from the Minister of Land, Transport and Maritime Affairs under the conditions as


Affairs.


Article 38-3 (Establishment of Airspace Committee)

(1) To deliberate on matters necessary for designating and administering airspaces

pursuant to the provisions of Article 38, an Airspace Committee shall be

established in the Ministry of Land, Transport and Maritime Affairs.

(2) Matters necessary for the composition, operation and function of the Airspace

Committee shall be prescribed by the Presidential Decree.


Article 38-4 (Cooperation by Head of Relevant Administrative Agency in Air

Traffic Safety)

The Minister of Land, Transport and Maritime Affairs shall make a mutual cooperation

with the head of relevant administrative agency in the matters falling under each of the

following subparagraphs for the purpose of securing the air traffic safety. In this case,

he shall take the national security into consideration:

1. Matters concerning the air traffic control;

2. Matters concerning the efficient management of airspace; and

3. Other matters necessary for the air traffic safety.


Article 38-5 (Airspace Management, such as Time of War, etc.)

Airspace management at the time of war, or of a declaration of united defense situations

under the United Defense Act, shall be under the conditions as stipulated by the relevant

Acts in wartime, and the United Defense Act.


Article 39 (Indication of Nationality, etc.)

(1) Any aircraft without the indication of nationality, the mark of registration and the

name or title of owner, etc. shall not be used for aviation: Provided, That this shall

not apply to the case where the test flight, etc. is permitted under the proviso of

Article 15 (3).

(2) Matters necessary for indication of nationality, etc. under paragraph (1) shall be


Affairs.


Article 40 (Compulsory Wireless Apparatus)

Any person who desires to use an aircraft for aviation or the owner, etc. of the aircraft

shall have the aircraft equipped with, and operate, wireless apparatus, including

emergency position information radio beacon apparatus, secondary monitoring radar

transponder, etc., as prescribed by the Ordinance of the Ministry of Land, Transport and

Maritime Affairs.


Article 40-2(Compulsory Wireless Apparatus in Light Aircrafts)

Any person who desires to use a light aircraft for aviation or the owner, etc. of the light

aircraft shall have the light aircraft equipped with, and operate, wireless apparatus,

including wireless communication devices and aircraft identifying transponder, etc. as

prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs.


Article 41 (Installation, Loading, Operation, etc. of Aeronautical Instruments, etc.)

(1) Any person who desires to use an aircraft for aviation or the owner, etc. of the

aircraft shall have the aircraft equipped with, and operate, aeronautical instruments,

equipment and documents, and other emergency and first-aid equipment, etc.

(hereinafter referred to as "aeronautical instruments, etc.") necessary for the safe

flight of the aircraft.

(2) Matters necessary for the aircraft to be provided with such aeronautical instruments,

etc. as referred to in paragraph (1), the kinds of such aeronautical instruments, etc.,

the standards for installing and loading such aeronautical instruments, etc., the

methods for operating such aeronautical instruments, etc. shall be determined by

the Ordinance of the Ministry of Land, Transport and Maritime Affairs.


Article 42 and 42-2 Deleted. <by Act No. 7691, Nov. 8, 2005>

Article 43 (Fuel, etc. for Aircraft)

Any owner, etc. shall not operate the aircraft without loading such quantity of fuel and

oil as prescribed by the Ordinance of the Ministry of Land, Transport and Maritime

Affairs.


Article 44 (Lights of Aircraft)

Where any aircraft flies, or stops or anchors at an airport during the night (referring to

the interval between the sunset and sunrise; hereinafter the same shall apply), the

location of the aircraft shall be shown by signal lights under the conditions as prescribed



Article 45 (Recent Flight Experience)

If a flight crew member intends to operate an aircraft used for air transportation business

or aircraft-using business, or to be engaged in instrument flight or night flight or pilot

training as prescribed in Article 34 (2), he shall have such flight experience (including

any flight experience gained from flight simulators) as prescribed by the Ordinance of



Article 46 (Standards, etc. of Time on Board)

(1) The Minister of Land, Transport and Maritime Affairs may restrict the working

hours on board the aircraft for flight crew and cabin crew (hereinafter referred to as

the "aircrew") engaged in air transportation or aircraft-using business taking into

consideration the safety of flight.

(2) Necessary matters for the standards of working hours, etc. on board as referred to

in paragraph (1) shall be determined by the Ordinance of the Ministry of Land,



Article 47 (Alcoholic Beverages, etc.)

(1) Every airman (including any person engaged in the pilot practice; hereafter in this

Article the same shall apply) and every cabin crew shall be prohibited from

rendering their services in a state under which they are unable to render their

normal air services (including the pilot practice; hereafter in this Article the same

shall apply) and cabin services due to the influence of alcoholic beverages or the

narcotics, etc. provided for in subparagraph 1 of Article 2 of the Act on the Control

of Narcotics, etc. (hereinafter referred to as the "alcoholic beverages, etc.").

(2) Every airman and every cabin crew shall be prohibited from drinking or using

alcoholic beverages, etc. referred to in paragraph (1) while rendering their air

services and cabin services.

(3) The Minister of Land, Transport and Maritime Affairs may, if he deems it

necessary to ensure the safety of aviation and prevent any danger or finds the

justifiable grounds that any airman and any cabin crew are recognized to render

their services in violation of the provisions of paragraph (1) or (2), measure by

using a breath analyzer, etc. whether or not they drink or use the alcoholic

beverages, etc., and such airman and such cabin crew shall comply with any

request for such measurement.

(4) With respect to any airman and any cabin crew who are dissatisfied with the results

of the measurement performed in accordance with paragraph (3), the Minister of

Land, Transport and Maritime Affairs may repeat the measurement of alcohol

beverages, etc. they drink by means of blood collection, urine analysis, etc. after

obtaining their consent thereof.

(5) The state under which they are unable to render their normal air services and cabin

services due to the influence of alcoholic beverages, etc. provided for in paragraph

(1) shall be as follows:

1. When they are found to have a blood alcohol concentration of not less than

0.04 percent due to drinking alcohol beverages; or

2. When they use the narcotics, etc. provided for in subparagraph 1 of Article 2 of

the Act on the Control of Narcotics, etc.

(6) Necessary matters concerning kinds of alcoholic beverages, etc., detailed

procedures for measuring them, keeping the record of such measurement, etc.

under paragraphs (1) through (5) shall be prescribed by the Ordinance of the



Article 48 (Physical Disability)

No flight crew and air traffic controllers, who are unconformed to the criteria for

physical examination as prescribed in Article 31 (2), shall be engaged in any air service

even in the valid period of the physical examination certification.


Article 49 (Programs, etc. for Prevention of Accidents and Safety of Flight)

(1) Every air transportation businessman shall work out and operate a program, that

contains the following matters:

1. plan to secure aviation safety;

2. matters about detailed activities for aircraft flight, air traffic control, operation

of navigation safety facilities and aircraft maintenance, etc. to achieve the

aviation safety plan under subparagraph 1;

3. matters about a reporting system for aircraft accidents, incidents and aviation

safety obstacle, etc.

4. matters about self-investigation and self-safety supervision activities for

aviation safety;

5. matters about identifying potential risk factors on aviation safety and

implementing improvement measures;

6. matters about sustaining self-supervision and regular self-safety assessment.

(2) Any person falling under any of the following subparagraphs shall establish the

aviation safety management system to secure aviation safety and prevent aircraft

accidents, etc. according to the aviation safety program under paragraph (1), and

operate the system after obtaining approval from the Minister of Land, Transport

and Maritime Affairs. The same shall apply to the case where he alters important

matters prescribed by the Ordinance of the Ministry of Land, Transport and

Maritime Affairs.

1. installers of aviation safety facilities under Article 75 (2) and managers of

aviation safety facilities under Article 80 (1);

2. airport operators under Article 111-2 (1);

3. any person who obtained license for domestic or international air

transportation business under Article 112 (1) or who made registration for

irregular air transportation business under Article 132 (1) (hereinafter referred

to as the “regular air transportation business”)

4. any person who made registration for aircraft maintenance under Article 137-2

(1).

(3) The Minister of Land, Transport and Maritime Affairs shall establish and operate

the safety management system for air traffic control in compliance with the

aviation safety program under paragraph (1) in order to do air traffic control

systematically.

(4) Any of the following matters shall be prescribed by the Ordinance of the Ministry

of Land, Transport and Maritime Affairs:

1. matters necessary for establishing a aviation safety program under paragraph

(1);

2. matters to be included in the aviation safety management system under

paragraph (2), and matters necessary for setting approval standards for the

aviation safety management system, establishing and operating such system.

3. matters necessary for establishing and operating the aviation safety

management system for air traffic control under paragraph (3).


Article 49-2 (Support Plan for Aircraft Accidents)

(1) Any regular air transportation business shall submit the plan for supporting

passengers who have accidents and their family members (hereinafter referred to

the “supporting plan for aircraft accidents”) to the Minister of Land, Transport and

Maritime Affairs as prescribed by the Ordinance of the Ministry of Land,

Transport and Maritime Affairs. Provided, a person who intends to obtain license

for regular air transportation business shall submit the supporting plan for aircraft

accidents when he makes the first application for license.

(2) Any of the following matters shall be included in the supporting plan for aircraft

accidents.

1. matters about establishing and operating an office for aircraft accident

measures;

2. matters about relief of passengers and compensation procedures;

3. matters about identifying, confirming, managing and transferring remains and

keepsakes of passengers;

4. matters about notifying the accident to family members and supporting them.

(3) The Minister of Land, Transport and Maritime Affairs may, if he considers that the

supporting plan for aircraft accidents is not suitable to handle the accident quickly,

order to alter or supplement the plan.

(4) A regular air transportation business shall conduct the matters in the supporting

plan for aircraft accidents without delay when an aircraft accident occurs.

(5) The Minister of Land, Transport and Maritime Affairs shall not issue a license for

business to a person who has not submitted the supporting plan for aircraft

accidents or doesn’t comply with the order of altering or supplementing such plan.


Article 49-3 (Compulsory Report on Aviation Safety)

(1) Any airman and any person concerned, etc., who causes an aircraft accident,

incident or aviation safety obstacle or becomes aware of an aircraft accident,

incident or aviation safety obstacle, shall report it to the Minister of Land,


(2) The scope of airman and person concerned, etc., matters to be reported, reporting

time, method and procedures under paragraph (1) shall be prescribed by the



Article 49-4 (Voluntary Report on Aviation Safety)

(1) In the case where there is concern for hurting aviation safety other than an aircraft

accident, incident or aviation safety obstacle, any person, who causes the state


Affairs (hereinafter referred to as the “insignificant aviation safety obstacle”),

becomes aware of such obstacle or expects that the insignificant aviation safety

obstacle might occur, shall report it to the Minister of Land, Transport and

Maritime Affairs (hereinafter referred to as the “voluntary report on aviation

safety”.

(2) The Minister of Land, Transport and Maritime Affairs shall not reveal the

identification of person who file a voluntary report on aviation safety under

paragraph (1) on a request of the reporter.

(3) Where any person who has caused insignificant aviation safety obstacle due to any

of the violating acts under Article 33 (1) 5 through 19 or 21 through 30 files a

voluntary report on aviation safety under paragraph (1) within 10 days from the

date on which such obstacle occurred, he shall not be punished by a disposition

under Article 33 (1). Provided the same shall not apply to the case where a person

caused insignificant aviation safety obstacle on purpose or by a serious mistake.

(4) Matters to be included in the voluntary report on aviation safety, reporting method,

procedures shall be by the Ordinance of the Ministry of Land, Transport and

Maritime Affairs.


Article 50 (Powers, etc. of Pilot-in-Command)

(1) Any person who is responsible for the flight safety of an aircraft (hereinafter

referred to as a "pilot-in-command") shall supervise and control the crew of the

aircraft.

(2) The pilot-in-command shall not take off the aircraft without confirming whether

the preparation for operation of the aircraft is completed under the conditions as


Affairs.

(3) If the aircraft or passengers encounter any danger, or if it is considered they might

encounter danger, the pilot-in-command may order passengers on board the aircraft

to evacuate from such aircraft or take other safety measures.

(4) If the aircraft encounters any danger during aviation, the pilot-in-command shall

take measures necessary for the rescue of passengers and prevention of danger to

persons or things on land or water, and he shall not leave the aircraft unless he has

taken measures to ensure the passengers and other persons on board leave the

aircraft.

(5) If an aircraft accident, incident or aviation safety obstacle occurs, the pilot-in-

command shall forthwith report it to the Minister of Land, Transport and Maritime

Affairs under the conditions as prescribed by the Ordinance of the Ministry of

Land, Transport and Maritime Affairs: Provided, That if the pilot-in-command is

unable to make the report, the owner, etc. of the aircraft shall report it.

(6) If the pilot-in-command finds that another aircraft has had an aircraft accident,

incident or aviation safety obstacle, he shall report it to the Minister of Land,

Transport and Maritime Affairs under the conditions as prescribed by the

Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided,

That this shall not apply in the case where the fact is found through wireless

apparatus.


Article 50-2 Deleted <by Act No. 9780 , June 9, 2009>

Article 51 (Operational Qualifications for Pilots)

(1) The pilot-in-command of the aircraft used for an air transportation business, which

falls under the standards prescribed by the Ordinance of Ministry of Land,

Transport and Maritime Affairs such as the weight of the aircraft and the number

of passenger seats, shall be accredited by the Minister of Land, Transport and

Maritime Affairs as to knowledge and skill, and other pilots than the pilot-in-

command as to the skill.

(2) The Minister of Land, Transport and Maritime Affairs shall periodically examine

whether or not the person accredited under paragraph (1) has such knowledge and

skill, and if it is deemed particularly necessary, he may examine it as the occasion

arises.

(3) If a person who is accredited under paragraph (1), fails to undergo the examination

as referred to in paragraph (2), or to pass it, the Minister of Land, Transport and

Maritime Affairs shall cancel the accreditation.

(4) The Minister of Land, Transport and Maritime Affairs may, if necessary, have a

person holding a license for the air transportation businessman designated by him

(hereinafter referred to as "designated air transportation businessman") accredit or

examine the pilots under his control as referred to in paragraphs (1) and (2).

(5) Any pilots who are accredited or have passed the examination thereof under

paragraph (4), shall be considered to have been accredited or passed the

examination under paragraphs (1) and (2). In this case, the provisions of paragraph

(3) shall be applicable mutatis mutandis.

(6) Notwithstanding the provisions of paragraph (4), if it is deemed necessary, the

Minister of Land, Transport and Maritime Affairs may conduct the examination as

referred to in paragraph (2) with respect to the pilots as prescribed by the


(7) The pilot-in-command of the aircraft used for an air transportation business shall

meet the experience requirements specified for air routes and airports (limited to

those related to the airports and air routes as prescribed by the Ordinance of the

Ministry of Land, Transport and Maritime Affairs) which he wishes to cover.

(8) Matters necessary for the accreditation, examination or experience requirements as

referred to in paragraphs (1) through (7) shall be determined by the Ordinance of



Article 51-2 (Examination of Pilot's Operational Qualification, etc. by Use of Flight

Simulators)

The Minister of Land, Transport and Maritime Affairs may, with respect to the matters

for which it is difficult to perform the accreditation and examination under Article 51 by

using an actual aircraft, such as the measures in emergency, etc., accredit and examine a

pilot's operational qualification pursuant to Article 51 by using a flight simulator which

is designated by the Minister of Land, Transport and Maritime Affairs under Article 29-

2 (3).


Article 52 (Flight Dispatchers)

(1) Every air transportation businessman shall have flight dispatchers employed on his

payroll under the conditions as prescribed by the Ordinance of the Ministry of


(2) In cases where the pilot-in-command of the aircraft used for the air transportation

business desires to take off the aircraft or alter his flight plan, he shall obtain the

approval of the flight dispatcher.

(3) An air transportation businessman who has flight dispatchers under paragraph (1)

shall conduct necessary education and training for such flight dispatchers to gain

knowledge and experience required for smoothly performing their duties under the


Maritime Affairs.


Article 53 (Taking-off and Landing Places)

No aircraft (excluding gliders) shall take off and land on any place other than airport on

the land, and any place other than places on the water as prescribed by the Ordinance of

the Ministry of Land, Transport and Maritime Affairs: Provided, That this shall not

apply in the case where there is any inevitable reason and it is permitted by the Minister



Article 54 (Flight Rules, etc.)

(1) Any person who desires to operate an aircraft shall do so in accordance with the

standards, procedures, practices, etc. relating to flight as prescribed by the

Ordinance of the Ministry of Land, Transport and Maritime Affairs (hereinafter

referred to as the "flight rules") pursuant to the provisions of the Convention on

International Civil Aviation and the Annex to the said Convention.

(2) The flight rules shall be classified as follows:

1. Rules relating to flight procedures, etc. for protecting persons and property

and to other general matters;

2. Rules relating to visual flight;

3. Rules relating to instrument flight;

4. Rules relating to the preparation, submission, receipt, notification, etc. of

flight plans; and

5. Other rules relating to the matters necessary for the safety of flight.


Article 55 (Prohibited Acts, etc. during Flight)

Any person who desires to operate an aircraft shall be prohibited from doing any flight

or act falling under any of the following subparagraphs so as to protect persons and

property: Provided, That this shall not apply in case where the Minister of Land,

Transport and Maritime Affairs permits it under the conditions as prescribed by the

Ordinance of the Ministry of Land, Transport and Maritime Affairs:

5. Flight below the minimum flight altitude as prescribed by the Ordinance of the

Ministry of Land, Transport and Maritime Affairs;

6. Dropping or scattering a thing;

7. Parachute descent;

8. Aerobatics, such as rolls and loops, in the zone as prescribed by the Ordinance of

the Ministry of Land, Transport and Maritime Affairs;

9. Flight with the aircraft equipped with the device to fly without pilots and other

aircrew;

10. Unmanned free-balloon flight; and

11. Other flights or acts as prescribed by the Ordinance of the Ministry of Land,

Transport and Maritime Affairs which inflict or are apprehended to inflict any

danger or injury to a person or property.


Article 56 (Designation , etc. of Emergency Aircraft)

(1) Any owner, etc. of an aircraft who desires to operate the aircraft for the purposes of

performing the urgent affairs prescribed by the Ordinance of the Ministry of Land,

Transport and Maritime Affairs, such as the carrying of emergency patients, shall

obtain designation from the Minister of Land, Transport and Maritime Affairs with

respect to the aircraft.

(2) In case of operating an aircraft designated by the Minister of Land, Transport and

Maritime Affairs pursuant to paragraph (1) (hereinafter referred to as the

"emergency aircraft") for the purpose of carrying out the urgent affairs under

paragraph (1), the provisions of Article 53 and subparagraph 1 of Article 55 shall

not apply.

(3) Necessary matters concerning procedures, etc. for the designation and operation of

emergency aircraft shall be determined by the Ordinance of the Ministry of Land,


(4) When the operator of an emergency aircraft fails to comply with the operation

procedures referred to in paragraph (3), the Minister of Land, Transport and

Maritime Affairs may cancel the designation of the emergency aircraft.

(5) No person who is subjected to the disposition of cancellation of designation under

paragraph (4) may be entitled to the designation of his aircraft as an emergency

aircraft within two years after the disposition of cancellation is taken.


Article 57 through 58 Deleted. <by Act No. 7691, Nov. 8, 2005>

Article 59 (Transportation, etc. of Dangerous Goods)

(1) Any person who desires to transport high explosive or combustible material or

other dangerous goods prescribed by the Ordinance of the Ministry of Land,

Transport and Maritime Affairs (hereinafter referred to as the "dangerous goods")

by aircraft shall obtain permission therefor from the Minister of Land, Transport

and Maritime Affairs under the conditions as prescribed by the Ordinance of the


(2) Any person who packs, loads, stores, transports or processes the dangerous goods

(hereinafter referred to as the "handling of dangerous goods") to be transported by

aircraft (hereinafter referred to as the "handler of dangerous goods") shall comply

with the procedures and methods for the handling of dangerous goods which are

determined and published by the Minister of Land, Transport and Maritime Affairs

to prevent any danger during aviation and ensure the safety of human lives.


Article 60 (Packing of Dangerous Goods, Inspection of Containers, etc.)

(1) Any person who desires to manufacture or import and sell the packages and

containers used to transport dangerous goods shall undergo inspection conducted

by the Minister of Land, Transport and Maritime Affairs with respect to the safety

of the packages and containers.

(2) Necessary matters concerning the inspection methods, passing standards, etc. for

the packages and containers referred to in paragraph (1) shall be determined and

published by the Minister of Land, Transport and Maritime Affairs.


institution to conduct the business affairs concerning the inspection of the packages

and containers for dangerous goods (hereinafter referred to as a "package and

container inspection institution") and have the institution conduct the inspection

provided for in paragraph (1).

(4) Necessary matters concerning the standards for designation of package and

container inspection institutions, the operation thereof, etc. shall be determined by

the Ordinance of the Ministry of Land, Transport and Maritime Affairs.

(5) When a package and container inspection institution falls under any of the

following items, the Minister of Land, Transport and Maritime Affairs may cancel

the designation or suspend the whole or part of its business for a fixed period of

not more than six months.

1. a package and container inspection institution which has obtained designation

by false or unlawful means;

2. a package and container inspection institution fails to meet the designation

standards referred to in paragraph (4).

(6) Standards for dispositions under the provisions of paragraph (5), procedures and

other necessary matters shall be prescribed by the Ordinance of the Ministry of



Article 61 (Education, etc. for Handling of Dangerous Goods)

(1) Every handler of dangerous goods shall complete education conducted by the

Minister of Land, Transport and Maritime Affairs with respect to the handling of

dangerous goods: Provided, That this shall not apply in case where the handler of

dangerous goods has completed education concerning the handling of dangerous

goods at an educational institution recognized by an international organization

such as the International Civil Aviation Organization, the International Air

Transport Association, etc.

(2) Necessary matters concerning the concrete scope of the handlers of dangerous

goods who are required to complete education pursuant to paragraph (1), the

contents of education, etc. shall be determined and published by the Minister of



educational institution to be engaged in education concerning the handling of

dangerous goods to efficiently conduct the education provided for in paragraph (1)

and have the institution conduct the education of handlers of dangerous goods.

(4) Necessary matters concerning the standards for designation of the specialized

educational institutions provided for in paragraph (3), the operation thereof, etc.

shall be determined by the Ordinance of the Ministry of Land, Transport and

Maritime Affairs.

(5) When a specialized educational institution provided for in paragraph (3) falls under

any of the following items, the Minister of Land, Transport and Maritime Affairs

may cancel the designation or suspend the whole or part of its business for a fixed

period of not more than six months.

1. a specialized educational institution which has obtained designation by false or

unlawful means;

2. a specialized educational institution which fails to meet the designation

standards referred to in paragraph (4).





Article 61-2 (Restrictions on Use of Electro-Magnetic Devices)

The Minister of Land, Transport and Maritime Affairs may restrict the use of electro-

magnetic devices carried by passengers as prescribed by the Ordinance of the Ministry

of Land, Transport and Maritime Affairs to prevent any impact of electro-magnetic

interference, etc. on the navigation or telecommunications equipment of aircraft in flight.



Article 65 Deleted. <by Act No. 5963, Apr. 15, 1999>


Article 67 Deleted. <by Act No. 5963, Apr. 15, 1999>


Article 69-2 (Approval for Operation of Twin-Engine Aircraft)

(1) In the event that any air transportation businessman intends to operate any aircraft

with two engines (hereinafter referred to as the "two-engine aircraft"), as


Affairs, for an air route including a spot where the time required to land in the

nearest airport by making a flight at a cruising speed when either of the engines

fails to operate exceeds the time stipulated by the Ordinance of the Ministry of

Land, Transport and Maritime Affairs, he shall obtain approval therefor from the



Affairs.

(2) The Minister of Land, Transport and Maritime Affairs shall, if he intends to grant

the approval referred to in paragraph (1), confirm whether the two-engine aircraft

is in conformity with the operational technology criteria that are published in

accordance with Article 74-2.


Article 69-3 (Flight of Aircraft in Reduced Vertical Separation Minimum Airspace,

etc.)

(1) The owner, etc. who intends to fly his aircraft in the airspace in which the aircraft

is required to fly at a reduced vertical separation altitude (hereinafter referred to as

the "reduced vertical separation minimum airspace") or only after meeting required

navigation performance (hereinafter referred to as the "required navigation

performance airspace") in accordance with the Convention on International Civil

Aviation Organization in order to efficiently operate the airspace shall obtain

approval therefor from the Minister of Land, Transport and Maritime Affairs under

the conditions as prescribed by the Ordinance of the Ministry of Land, Transport

and Maritime Affairs: Provided, That the same shall not apply to the case,

including the case of flying his aircraft in the reduced vertical separation minimum

airspace for the purpose of search and rescue, which is prescribed by the Ordinance

of the Ministry of Land, Transport and Maritime Affairs.

(2) The Minister of Land, Transport and Maritime Affairs shall, if he intends to grant

the approval referred to in paragraph (1), confirm whether the owner's intention of

flying his aircraft is in conformity with the operational technology criteria that are

published in accordance with the provisions of Article 74-2.


Article 70 (Air Traffic Services, etc.)

(1) Any person who intends to move, take off, land or operate an aircraft in an airfield,

a control area or a control zone shall do so according to such order and time of

moving, taking off and landing, and such method of flight, as instructed by the


(2) The Minister of Land, Transport and Maritime Affairs may provide pilots and

other related institutions, etc. with advice and information useful for the operation

of aircraft, such as the operational conditions, etc. of airports and navigation safety

facilities, for the safe and efficient operation of aircraft which fly within the flight

information zone.

(3) The Minister of Land, Transport and Maritime Affairs may provide pilots and

other related institutions, etc. with information on an aircraft in distress within the

flight information zone for the purpose of searching for and rescuing such an

aircraft.

(4) Necessary matters concerning the coverage, contents, procedures, etc. of services

performed by the Minister of Land, Transport and Maritime Affairs pursuant to

paragraphs (1) through (3) (hereinafter referred to as the "air traffic services") shall

be determined by the Ordinance of the Ministry of Land, Transport and Maritime

Affairs.

(5) Any person who is engaged in the operation of vehicles, the maintenance and

repair of an airfield and other services in a movement area of the airfield shall

comply with instructions given by the Minister of Land, Transport and Maritime

Affairs for the safety of air traffic.


Article 70-2 Deleted <by Act No. 8787, Dec. 21, 2007>


Article 72 (Formulation and Implementation of Supporting Plan for Search or

Rescue)

The Minister of Land, Transport and Maritime Affairs shall formulate and implement a

plan for supporting the search for or rescue of aircraft, which determine the roles of

related administrative agencies, etc. under the conditions as prescribed by the

Presidential Decree for the purpose of a search for aircraft or a rescue of human lives, in

case where the aircraft is in distress.


Article 73 (Aid of Aeronautical Information, etc.)

(1) The Minister of Land, Transport and Maritime Affairs shall provide the operators,

etc. of aircraft which fly within the flight information zone with the information

necessary to secure the safety, regularity and efficiency in the operation of aircraft

(hereinafter referred to as the "aeronautical information").

(2) The Minister of Land, Transport and Maritime Affairs shall publish a chart

specifying information necessary for the operation of aircraft including air routes,

navigation safety facilities, airfields, control areas, etc. (hereinafter referred to as

the "aeronautical chart").

(3) Necessary matters concerning the details of aeronautical information and

aeronautical charts, the methods of providing such information, the measurement

units used in such aeronautical charts, etc. shall be prescribed by the Ordinance of



Article 74 (Boarding, etc. of Aircrew, etc.)

(1) Any person who intends to use an aircraft for navigation shall take on board

aircrew therein who are required for the safety of aviation, under the conditions as


Affairs.

(2) When any flight crew or air traffic controller is engaged in the air service, he shall

carry his qualification certificate and aviation physical examination certificate

under the conditions as prescribed by the Ordinance of the Ministry of Land,

Transport and Maritime Affairs, and when any airman other than such flight crew

and air traffic controller is engaged in the air service, he shall carry his

qualification certificate under the conditions as prescribed by the Ordinance of the


(3) Air transportation businessmen and aircraft-using businessmen shall provide

aircrew working on board aircraft with education and training necessary to perform

their services under the conditions as prescribed by the Ordinance of the Ministry



Article 74-2 (Technological Criteria for Safe Operation of Aircraft)

The Minister of Land, Transport and Maritime Affairs may set forth and publicly notify

the operational technology criteria containing the matters of the following

subparagraphs in order to secure the safe operation of aircraft, within the limit as

prescribed by this Act, the Convention on International Civil Aviation and the Annex to

the said Convention: <Amended by Act No. 7691, Nov. 8, 2005>

1. Instruments and equipment of aircraft;

2. Operation of aircraft;

3. Certification of operations of the air transportation business;

4. Certification of qualifications of airmen;

5. Maintenance of aircraft; and

6. Other matters necessary for a safe operation, which are prescribed by the



Article 74-3 (Compliance with Operational Technology Criteria)

Every owner, etc. and every airman shall comply with the details as provided in Article

74-2.


CHAPTER V AVIATION FACILITIES <Amended by Act No. 9780, Jun. 9, 2009>

SECTION 1 Airfield and Navigation Safety Facilities <Amended by Act No. 9780,

Jun. 9, 2009>

Article 75 (Installation of Airfield and Navigation Safety Facilities)

(1) The Minister of Land, Transport and Maritime Affairs shall install airfield facilities

or navigation safety facilities (referring to airfield facilities or navigation safety

facilities other than those installed under the provisions of Articles 89 through 91,

94 through 105, 105-2 through 5, 106, 106-2, 107, 108, 108-2, 109, 109-2, 110 and

111; hereinafter the same shall apply).

(2) Any person other than the Minister of Land, Transport and Maritime Affairs, who

intends to install airfield facilities or navigation safety facilities, shall obtain

permission from the Minister of Land, Transport and Maritime Affairs as


Affairs. In this case, the Minister of Land, Transport and Maritime Affairs may, in

granting the permission, attach conditions to the installation of such facilities.

(3) Necessary matters concerning standards for installing airfield facilities and

navigation safety facilities under the provisions of paragraphs (1) and (2) shall be



Article 76 (Publication, etc.)

(1) The Minister of Land, Transport and Maritime Affairs, when he intends to install

airfield facilities or navigation safety facilities or grant permission for installing

such facilities under the provisions of Article 75, shall publish the names of airfield

facilities and navigation safety facilities, the location of such facilities, landing

strip, obstacle limitation surface, the expected date on which such facilities

commence to be used and other matters prescribed by the Ordinance of the


(2) The Minister of Land, Transport and Maritime Affairs shall publish matters

publicly announced under the provisions of paragraph (1) in places easily visible to

the public inside areas where airfield and navigation safety facilities are scheduled

to be installed, for a specified period or longer.


Article 77 (Inspection of Installation Completion of Airfield and Navigation Safety

Facilities)

(1) Any person who has obtained permission for installing airfield facilities

(hereinafter referred to as the "airfield facilities installer") or permission for

installing navigation safety facilities (hereinafter referred to as the "navigation

safety facilities installer") under Article 75 (2) shall promptly undergo the

inspection of completion of the construction work from the Minister of Land,

Transport and Maritime Affairs when such construction work is completed.

(2) The Minister of Land, Transport and Maritime Affairs, when he carries out the

inspection of the completion of the construction work of the airfield facilities or the

navigation safety facilities under paragraph (1), shall designate and publish the

names, the kinds, the location of such facilities and the date on which such

facilities commence to be used.


Article 78 (Alteration of Airfield or Navigation Safety Facilities)

(1) The airfield facilities installer or the navigation safety facilities installer shall,

when he intends to alter any matters prescribed by the Ordinance of the Ministry of

Land, Transport and Maritime Affairs with respect to the airfield facilities or the

navigation safety facilities, notify the Minister of Land, Transport and Maritime

Affairs as prescribed by the Ordinance of the Ministry of Land, Transport and

Maritime Affairs.

(2) The Minister of Land, Transport and Maritime Affairs shall, when he is notified of

the alteration of the airfield facilities or the navigation safety facilities under the

provisions of paragraph (1), publish such alteration: Provided, That the publication

with respect to the alteration of the air-field facilities shall be limited to the case

where obstacle limitation surface is altered.

(3) The provisions of Article 76 shall apply mutatis mutandis to the case of paragraph

(2).


Article 79 (Suspension or Closure of Use of Airfield and Navigation Safety

Facilities)

(1) The airfield facilities installer or the navigation safety facilities installer shall,

when he intends to suspend or discontinue the use of any airfield facilities or any

navigation safety facilities, or resume the use of them, notify the Minister of Land,

Transport and Maritime Affairs of his intention.

(2) The Minister of Land, Transport and Maritime Affairs shall, when he is notified of

the suspension, discontinuation, or resumption of the use of the airfield facilities or

the navigation safety facilities under the provisions of paragraph (1), publish such

notification.


Article 80 (Management of Airfield and Navigation Safety Facilities)

(1) The Minister of Land, Transport and Maritime Affairs or the airfield facilities

manager or navigation safety facilities manager shall manage such facilities

according to facilities management standards (hereinafter referred to as the

"facilities management standards") prescribed by the Ordinance of the Ministry of


(2) The Minister of Land, Transport and Maritime Affairs shall conduct inspections

necessary to confirm whether any airfield facilities or any navigation safety

facilities have been managed according to the facilities management standards

under the conditions as prescribed by the Presidential Decree.

(3) The navigation safety facilities installer or navigation safety facilities manager

shall undergo inspection conducted by the Minister of Land, Transport and

Maritime Affairs (hereinafter referred to as "flight inspection") with respect to the

performance, etc. of the navigation safety facilities, which is performed by using

an aircraft loaded with equipment necessary to analyze the performance of such

facilities.

(4) Necessary matters concerning the kinds of flight inspection, the facilities subject to

such inspection, and the procedures and methods for such inspection, etc. shall be

determined and published by the Minister of Land, Transport and Maritime Affairs.


Article 80-2 (Performance Compatibility Certificate of Navigation Safety

Facilities)

Any person who manufactures wireless navigation safety facilities or aeronautical

information and communications facilities may have his facilities certified that they are

manufactured in conformity with the technological criteria for the navigation safety

facilities, which are set and published by the Minister of Land, Transport and Maritime

Affairs, under the conditions as prescribed by the Ordinance of the Ministry of Land,



Article 80-3 (Air Communication Services, etc.)

(1) The Minister of Land, Transport and Maritime Affairs shall perform services

relating to air communication (hereinafter referred to as the "air communication

services") necessary to efficiently render air traffic services and to provide,

exchange and manage necessary information and data for securing the safety of

aviation in a convenient and speedy way through air communication network,

pursuant to the provisions of the Convention on International Civil Aviation and

the Annex to the said Convention.

(2) Necessary matters concerning the kinds, contents, operational procedures, etc. of

air communication services shall be prescribed by the Ordinance of the Ministry of



Article 81 (Revocation of Permission)

In any case falling under each of the following subparagraphs, the Minister of Land,

Transport and Maritime Affairs may revoke the permission for installing airfield

facilities or navigation safety facilities: Provided, That in any case falling under

subparagraphs 2 or 3, he may order the airfield facilities installer or the navigation

safety facilities installer to take measures according to the installation plans entered in

the application for the permission for installing facilities concerned to manage the

facilities concerned according to the facilities management standards for a fixed period,

or revoke the permission only when the airfield facilities installer or the navigation

safety facilities installer fails to follow such an order within a fixed period:

1. Where the airfield facilities installer or the navigation safety facilities installer

fails to start the construction work within one year from date of the start of the

construction work which is entered in his permission application or he fails to

complete the construction work by the scheduled date of the completion of such

construction work without any justifiable reasons;

2. Where the facilities concerned are found not to be in conformity with the

installation plans entered in the permission application as a result of the inspection

of the completion of the construction work under Article 77 (1);

3. Where airfield facilities or navigation safety facilities are found not to be managed

according to the facilities management standards;

4. Where the location, structure, etc. of airfield facilities or navigation safety

facilities are found not to be identical to what is entered in the permission

application; and

5. Where the airfield facilities installer or the navigation safety facilities installer

violates conditions attached to the permission.


Article 82 (Restriction, etc. on Obstacles)

(1) No person shall, after the installation of an airfield is publicly announced under

Article 76 (including the case where it is applicable mutatis mutandis in Article 78

(2)), install, leave alone any building, structure (excluding those under construction

at the time when the announcement is made publicly) or other obstacles or

cultivate any plants over the height of the obstacle limitation surface so announced:

Provided, That this shall not apply with respect to any temporary establishments or

other obstacles as prescribed by the Ordinance of the Ministry of Land, Transport

and Maritime Affairs, which are installed or left with the airport installer's

permission or are to be removed before the predetermined day on which the use of

the airfield begins.

(2) Any airfield facilities installer may demand a person holding the ownership or

other right to any obstacle installed, cultivated or left in contravention of the

provisions of paragraph (1) (including the case where the plant grows up and

projects over the obstacle limitation surface) to remove the obstacle.

(3) Any airfield facilities installer may demand a person holding the ownership or

other right to any obstacle over the height of the obstacle limitation surface at the

time of the public announcement as referred to in paragraph (1) to remove such

obstacle. In this case, the airfield facilities installer shall compensate for any loss

inflicted on the person having the ownership or other right to the obstacle under the

conditions as prescribed by the Presidential Decree.

(4) Any owner of the obstacle as referred to in paragraph (3) or the land on which the

obstacle is installed, may, if it is difficult to use or make any profit from such

obstacle or land due to removal of it, demand the airfield facilities installer to

purchase the obstacle or land under the conditions as prescribed by the Presidential

Decree.

(5) In the case where it is impossible to remove the obstacles under paragraph (3)

because parties fail to reach an agreement, and where it is deemed necessary for

reasonable management and operation of the airfield facilities, the Minister of

Land, Transport and Maritime Affairs may order the airfield facilities installer to

remove the obstacles.

(6) In the case of paragraph (5), the Minister of Land, Transport and Maritime Affairs

or the airfield facilities installer shall compensate for any loss caused by the

removal of obstacles to the person holding the ownership or other right to them. In

this case, the amount of compensation for loss shall be subject to an agreement

between parties, and if they fail to reach any agreement, or it is impossible to make

an agreement, the Minister of Land, Transport and Maritime Affairs shall decide it.

(7) The airfield facilities installer shall manage obstacles so as not to interfere with the

safe operation of aircraft, under the conditions as prescribed by the Ordinance of



Article 83 (Installation, etc. of Aviation Obstacle Light)

(1) Any airfield facilities installer shall install an aviation obstacle light (hereinafter

referred to as the “light, etc.”) and daytime obstacle beacons (hereinafter referred

to as the “beacons”) on the structure located within the area, which is vertically

projected to the ground from the obstacle limitation surface, under the conditions


Affairs.

(2) The Minister of Land, Transport and Maritime Affairs shall install aviation

obstacle lights and daytime obstacle beacons on a structure other than those as

referred to in paragraphs (1) and (4), which might remarkably impede the safety of

aviation of aircraft, under the conditions as prescribed by the Presidential Decree.

(3) No owner or possessor of a structure as referred to in paragraphs (1) and (2) may

refuse the installation of aviation obstacle lights and daytime beacons executed by

an airfield facilities installer or the Minister of Land, Transport and Maritime

Affairs. In this case, the airfield facilities installer or the Minister of Land,

Transport and Maritime Affairs shall, if the owner or possessor of the structure

sustains any loss, compensate it under the conditions as prescribed by the


(4) Any person who installs a structure with a height of sixty meters or more above the

land or water surface, shall install aviation obstacle lights and daytime obstacle

beacons under the conditions as prescribed by the Ordinance of the Ministry of

Land, Transport and Maritime Affairs: Provided, That this shall not apply in the

case of such structures as prescribed by the Ordinance of the Ministry of Land,


(5) Any person who installed aviation obstacle lights and daytime obstacle beacons

under paragraphs (1), (2) and (4), shall take care of them under the conditions as


Affairs.


Article 84 (Restriction on Similar Lights)

(1) No person shall install any light which might interfere with the identification of the

aeronautical lighting aids or be taken for aeronautical lighting aids (hereinafter

referred to as "similar lights").

(2) In the event that any similar lights are already installed at the time when

aeronautical lighting aids are installed, the Minister of Land, Transport and

Maritime Affairs may order the owner or superintendent of such similar lights to

take necessary measures so as not to interfere with the identification of

aeronautical lighting aids or to be taken for aeronautical lighting aids in a manner

shading such similar lights. In this case, expenses needed for such measures shall

be borne by the installer of the aeronautical lighting aids.


Article 85 (Forbidden Act)

(1) No person shall perform any act which is feared to damage or impair the functions

of a runway, taxiway or other important airfield facilities or navigation safety

facilities prescribed by the Ordinance of the Ministry of Land, Transport and

Maritime Affairs.

(2) No person shall throw any articles toward aircraft in airport or perform an act

which is feared to cause dangers to aviation.

(3) No person shall, without any special reasons, enter the landing zone, taxiway,

apron, hangar or any area where navigation safety facilities are installed.


Article 86 (Rent)

(1) The Minister of Land, Transport and Maritime Affairs may collect the rent from

those who use or utilize airfield and navigation safety facilities as prescribed by the


(2) Any installers or managers of airfield and navigation safety facilities used for

public purposes may collect rent from those who use or utilize such facilities which

they have installed or managed.

(3) Any person who intends to collect the rent under paragraph (2) shall determine the

amount of rent and file a report on such amount to the Minister of Land, Transport

and Maritime Affairs. The same shall apply to the case where he intends to alter

the amount of rent.


Article 87 (Succession of Status of Airfield Facilities, etc.)

Any person who intends to succeed the status of an installer of the airfield facilities or

the navigation safety facilities shall notify the Minister of Land, Transport and Maritime

Affairs of his intention.


Article 88 (Delegation to Order)

(1) Except as provided in Articles 75 through 80, 80-2, 80-3 and 81 through 87,

necessary matters concerning the installation of airfield and navigation safety

facilities and the inspection of the completion of the construction work with

respect to such facilities shall be prescribed by the Presidential Decree.

(2) Necessary matters concerning the management, operation, use, etc. of airfield

facilities or navigation safety facilities shall be prescribed by the Ordinance of the



SECTION 2 Airport <Amended by Act No. 9780, Jun. 9, 2009>

Article 89 (Establishment of Mid and Long-Term Master Plan for Airport

Development, etc.)

(1) The Minister of Land, Transport and Maritime Affairs shall establish a mid-and

long-term master plan for airport development every 5 years, which contains the

matters falling under each of the following subparagraphs, in order to undertake

airport development projects systematically and efficiently:

1. Prospects for aviation demand;

2. Mid-and long-term basic plan for airport development by airspace;

3. The amount of required investment and ways to secure financial resources;

and

4. Other matters concerning the mid-and long-term airport development.

(2) The Minister of Land, Transport and Maritime Affairs shall, when he intends to

undertake any airport development project, draw up and implement a basic plan for

airport development (hereinafter referred to as the "basic plan") according to the

master plan established under paragraph (1), which contains the matters falling

under each of the following subparagraphs:

1. Area scheduled to be developed;

2. The size and position of the airport;

3. The operational program;

4. Ways to secure financial resources;

5. The environment control program; and

6. Other matters necessary for the airport development.

(3) In a case where the Minister of Land, Transport and Maritime Affairs desires to

make the master plan or the basic plan, he shall consult with the head of the central

administrative agency concerned after hearing the opinion of the competent local

government.

(4) The Minister of Land, Transport and Maritime Affairs may request the head of the

related administrative agency for materials necessary for making or modifying the

master plan or the basic plan, and the head of the related administrative agency

shall, upon receiving such request, comply with it unless there is any special reason.


Article 90 (Alteration, etc. in Basic Plan, etc.)

(1) If it is required to alter the master plan after making and announcing it publicly,

the Minister of Land, Transport and Maritime Affairs may alter it.

(2) The Minister of Land, Transport and Maritime Affairs shall alter the basic plan if

he intends to alter important matters prescribed by the Presidential Decree such as

the length of runway, etc. after making and announcing it publicly.

(3) The provisions of Article 89 (3) shall apply mutatis mutandis to any alteration in

the master plan or the basic plan as referred to in paragraph (1): Provided, That

this shall not apply in a case where he alters insignificant matters as prescribed by

the Presidential Decree.


Article 91 (Public Announcement of Master Plan, etc.)

When the Minister of Land, Transport and Maritime Affairs has made or modified the

master plan or the basic plan, he shall announce it publicly under the conditions as





Article 94 (Operator of Airport Development Projects)

(1) The airport development projects shall be carried out by the Minister of Land,

Transport and Maritime Affairs: Provided, That this shall not apply to cases

provided otherwise by this Act or other Acts and subordinate statutes.

(2) Any person other than the Minister of Land, Transport and Maritime Affairs, who

intends to operate airport development projects, shall obtain permission therefor

from the Minister of Land, Transport and Maritime Affairs as prescribed by the

Presidential Decree: Provided, That the same shall not apply to the case where he

intends to implement a minor project prescribed by the Ordinance of the Ministry

of Land, Transport and Maritime Affairs among projects for renovation of airport

facilities without permission from the Minister of Land, Transport and Maritime

Affairs.

(3) The standards for granting permission under paragraph (2) shall be as follows:

1. The purpose and contents of the airport development projects to be undertaken

shall be fit for the master plan and the basic plan;

2. Financial resources and technology necessary for undertaking the airport

development projects shall be secured.

(4) In granting the permission as referred to in paragraph (2), the Minister of Land,

Transport and Maritime Affairs may grant it under the condition that the land and

airport facilities related to the airport development projects revert to the State, or

the operator of the airport development projects bears the incidental expenses

needed for the basic facilities, such as roads, waterworks, drainage needed for the

airport development projects.


Article 95 (Formulation, Approval, etc. of Implementation Plans)

(1) The operator of an airport development project (hereinafter referred to as the

"project operator") under the provisions of Article 94 shall draw up an

implementation plan before he commences such project as prescribed by the


(2) The implementation plan referred to in paragraph (1) shall expressly indicate or

attach the design drawings, financing plan, project implementation period and

other matters prescribed by the Ordinance of the Ministry of Land, Transport and

Maritime Affairs.

(3) The project operators other than the Minister of Land, Transport and Maritime

Affairs shall, when he works out an implementation plan, obtain approval for such

plan from the Minister of Land, Transport and Maritime Affairs. The same shall

apply to the case where he intends to alter approved matters.

(4) The project operators other than the Minister of Land, Transport and Maritime

Affairs may, notwithstanding the provisions of the latter part of paragraph (3), file

a report on the alteration of minor matters when he files an application for

confirming the completion of the construction work under the provisions of Article

104 as a package as prescribed by the Ordinance of the Ministry of Land,


(5) The Minister of Land, Transport and Maritime Affairs shall, when he draws up an

implementation plan pursuant to the provisions of paragraph (1) or approves an

implementation plan pursuant to paragraph (3), publish such formulation and

approval as prescribed by the Presidential Decree and furnish copies of relevant

documents to the head of competent Si/Gun/Gu (referring to the head of

autonomous Gu; hereinafter the same shall apply).

(6) Where the head of Si/Gun/Gu, upon receiving the copies of relevant documents

under the provisions of paragraph (5), finds that the relevant documents include the

matters of decision with respect to the urban management planning, he shall take

necessary measures including an application for the approval of topographic sketch

pursuant to the provisions of Article 32 of the National Land Planning and

Utilization Act. In this case, the project operator shall furnish documents necessary

for the publication of topographic sketch to the head of Si/Gun/Gu.

(7) The Minister of Land, Transport and Maritime Affairs shall, when he formulates or

approves an implementation plan which requires the expropriation of land, etc.,

under the provisions of Article 98 (1), publish details of the name of project

operator, the type of project and land to be expropriated, etc., and notify the owner

of land and other persons who hold any right to such land of the fact: Provided,

That the same shall not apply to the case where the project operator consults in

advance with the owner of land and other persons who hold any right to such land

by the time when he files an application for formulating or approving his

implementation plan.


Article 96 (Relations with Other Acts)

(1) When the Minister of Land, Transport and Maritime Affairs works out or approves

an implementation plan under the provisions of Article 95 (1) and (3), the approval,

permission, authorization, decision, designation, license, consultation, agreement

or deliberation falling under each of the following subparagraphs shall be deemed

to have gone through:

1. Determination of an urban management planning under the provisions of

Article 30 of the National Land Planning and Utilization Act (limited to the

infrastructure under subparagraph 6 of Article 2 of the same Act), permission

for the development acts under the provisions of Article 56 of the same Act,

designation of the implementor of urban planning facility project under the

provisions of Article 86 of the same Act, and authorization of the

implementation plan under the provisions of Article 88 of the same Act;

2. Permission for the occupation and use of public water surface under the

provisions of Article 5 of the Public Waters Management Act, and

authorization or report on an implementation plan under the provisions of

Article 8 of the same Act;

3. License for reclamation of public water surfaces under the provisions of

Article 9 of the Public Waters Reclamation Act, authorization of an

implementation plan under the provisions of Article 15 of the same Act and

consultation or approval under the provisions of Article 38 of the same Act;

4. Consultation with an administrative agency or approval under the provisions

of Article 6 of the River Act (limited to permission for the implementation of

river work under the provisions of Article 30 of the same Act, permission for

river occupation, etc. under the provisions of Article 33 of the same Act and

permission for use of river waters under Article 50 of the same Act);

5. Consultation with authorities responsible for roads or approval under the

provisions of Article 5 of the Road Act (limited to permission for execution of

road work in favor of the person other than the competent authority under the

provisions of Article 34 of the same Act, and that for the possession of the

road under the provisions of Article 38 of the same Act);

6. License for urban railway services under the provisions of Article 4 (1) of the

Urban Railroad Act, and approval for urban railway construction and

operational business plan under the provisions of Article 4-3 (1) of the same

Act;

7. Consultation with the park management agency under the provisions of

Article 71 (1) of the Natural Parks Act (limited to permission for an act in the

park conservation zone under the provisions of Article 23 of the same Act);

8. Permission for, or consultation about, diversion of farmland under the

provisions of Article 36 of the Farmland Act;

9. Permission for logging in an erosion control area under the provisions of

Article 14 of the Work against Land Erosion or Collapse Act;

10. Permission for and report on the forest diversion under Articles 14 and 15 of

the Mountainous District Management Act, and permission and report on the

cutting, etc. of standing timber under the provisions of Articles 36 (1) and (4)

the Creation and Management of Forest Resources Act and permission for and

report on an act inside forestry 45 (1) and (2) of the same Act;

11. Authorization on laying private water pipes under the provisions of Article 52

and 54 of the Water Supply and Waterworks Installation Act;

12. Permission for public drainage service and works under the provisions of

Article 16 of the Sewerage Act;

13. Permission for the execution of harbor work under the provisions of Article 9

(2) of the Harbor Act;

14. Consultation on permission, etc. for an administrative agency under the

provisions of Article 13 of the Protection of Military Installations Act;

15. Review on traffic impact analysis and improvement policy under the

provisions of Article 16 of the Urban Traffic Readjustment Promotion Act;

16. Permission for or consultation on the conversion of use of any grassland under

Article 23 of the Grassland Act.

(2) When the Minister of Land, Transport and Maritime Affairs has announced the

establishment or approval of the implementation plan under the provisions of

Article 95 (5), the following public announcement or notice shall be considered to

have been made:

1. Public announcement of the implementation plan under the provisions of

Article 91 of the National Land Planning and Utilization Act;

2. Public notice of permission for possession or use under the provisions of Article

5 (6) of the Public Waters Management Act;

3. Public announcement of license for reclamation under the provisions of Article

13 of the Public Waters Reclamation Act; and

4. Public announcement of permission for possession under the provisions of

Article 33 (6) of the Rivers Act.

(3) If the Minister of Land, Transport and Maritime Affairs desires to establish or

approve the implementation plan under the provisions of Article 95 (1) and (3), he

shall consult in advance with the head of the competent administrative agency

about whether or not it conforms to the related Acts and subordinate statutes as

referred to in the subparagraphs of paragraph (1). In this case, the head of the

competent administrative agency shall present his opinion within the period as

determined by the Presidential Decree after he receives the request for consultation.


Article 97 (Access to and Use of Land)

(1) If it is necessary for executing projects, the project operator may act any of the

following subparagraphs:

1. make access to another's land;

2. temporarily use the land as the materials yard, passage or temporary road, and

3. if it is especially required, he may alter or remove bamboos, trees, earth, stones

or other obstacles.

(2) The provisions of Articles 130 (2) through (9) and 131 of the National Land

Planning and Utilization Act shall apply mutatis mutandis to the case as referred

to in paragraph (1). In this case, the term "implementer of urban planning facility

projects" shall be read as the term "project operator" under this Act.


Article 98 (Expropriation of Land, etc.)

(1) If it is necessary for the execution of an airport development project, the project

operator may expropriate or use the land, things or rights (hereinafter referred to as

"land, etc.") as prescribed in Article 3 of the Act on the Acquisition of Land, etc.

for Public Works and the Compensation Therefor.

(2) When an implementation plan is formulated, or the implementation plan is

approved and announced publicly, it shall be considered that the projects are

approved, and such approval for projects is announced publicly, under the

provisions of Articles 20 (1) and 22 of the Act on the Acquisition of Land, etc. for

Public Works and the Compensation Therefor, and the application for a ruling may

be made within the execution period of projects as determined by the

implementation plan, regardless of the provisions of Articles 23 (1) and 28 (1) of

the same Act.

(3) The land expropriation committee competent to a ruling on expropriation or use of

land, etc. as referred to in paragraph (1), shall be the Central Land Expropriation

Committee.

(4) Except as otherwise provided by this Act, the Act on the Acquisition of Land, etc.

for Public Works and the Compensation Therefor shall apply mutatis mutandis to

any expropriation or use of land, etc. as referred to in paragraph (1).


Article 99 (Restriction, etc. on Disposal of State-owned Land)

(1) The State-owned land located in an area which is to be developed as an airport, and

required for an airport development project, may not be sold or transferred for any

purpose other than the airport development projects.

(2) Notwithstanding the provisions of the State Properties Act, the State-owned

property located in an area to be developed as an airport may be sold or transferred

by a private contract to any project operator. In this case, with respect to the

abolition of use (limited to the administrative property), selling and transfer of such

property, the Minister of Land, Transport and Maritime Affairs shall consult in

advance with the head of the administrative agency concerned.


Article 100 (Entrustment with Affairs concerning Land Purchase, etc.)

(1) Any project operator who is not a local government, may entrust the head of the

local government with affairs concerning the purchase of land, compensation for

loss, projects for removal, etc. for airport development projects in accordance with

the Presidential Decree.

(2) In case where affairs concerning the purchase of land, compensation for loss, and

projects for removal, etc. are entrusted under the provisions of paragraph (1), the

entrustment fee, etc. shall be subject to the conditions as prescribed by the Act on

Acquisition of Land, etc. for Public Works and the Compensation Therefor.

(3) In case where any loss is compensated under the provisions of paragraph (2), the

State shall, if it is attributable to any disposition or restriction taken by the Minister

of Land, Transport and Maritime Affairs, or the project operator shall, if it is

attributable to execution of projects by a person other than the Minister of Land,

Transport and Maritime Affairs, compensate such loss or install facilities to

prevent such loss.


Article 101 (Execution of Incidental Work)

(1) In executing an airport development project, the project operator may execute

incidental work directly related to the airport development project together with the

main work as if the incidental work were the airport development project.

(2) The scope of the incidental work as referred to in paragraph (1) shall be determined

by the Presidential Decree.


Article 102 (Vicarious Execution of Airport Development Projects)

If it is necessary for effectively carrying out the airport development project, the

Minister of Land, Transport and Maritime Affairs may vicariously execute the permitted

airport development project at the cost of the project operator as prescribed in Article 94

(2) after consulting with him.


Article 103 (Charge to Offender Causing Damage and Destruction)

(1) If there is a person who does construction work or an act which causes damage to

or destruction for the airport facilities under the control of the Minister of Land,

Transport and Maritime Affairs, the Minister may have the person doing such

construction work or act bear the whole or part of the expenses needed for repair or

maintenance of the airport facilities which is caused by him, or those for

preventing such damage or destruction.

(2) Matters necessary for imposition and collection of the charges as referred to in

paragraph (1) shall be determined by the Ordinance of the Ministry of Land,



Article 104 (Confirmation of Completion of Construction Work)

(1) A project operator under the provisions of Article 94 (2) shall, when he completes

his construction work, promptly file a report on the completion of such

construction work with the Minister of Land, Transport and Maritime Affairs and

obtain the confirmation of such construction completion: Provided, That any

structures, the use of which has been permitted by the Special Metropolitan City

Mayor, the Metropolitan City Mayor or the head of Si/Gun/Gu, shall be deemed to

have obtained such confirmation.

(2) The project operator under the provisions of Article 94 (2) shall, upon obtaining

approval for using his structures under the provisions of the proviso of paragraph

(1), report the fact to the Minister of Land, Transport and Maritime Affairs.

(3) The Minister of Land, Transport and Maritime Affairs shall, upon receiving an

application for the confirmation of the completion of the construction work under

paragraph (1), conduct such confirmation and where such construction work is

deemed to have been carried out according to the content of permission, shall issue

a certificate of the completion of such confirmation to the applicant.

(4) When the certificate of the completion of confirmation is delivered under the

provisions of paragraph (3), the confirmation, authorization, etc. of completion on

the work according to approval, permission, license, etc. under the subparagraphs

of Article 96 (1) shall be deemed to have been obtained.

(5) The land and airport facilities which are created or installed by the airport

development projects, shall not be used before a certificate of the completion of

confirmation referred to in paragraph (3) is delivered: Provided, That this shall not

apply in a case where permission for use prior to the confirmation of construction

completion is granted by the Minister of Land, Transport and Maritime Affairs.


Article 105 (Reversion of Airport Facilities and Exemption from Rent)

(1) Any person who desires to invest in an airport development project executed by the

Minister of Land, Transport and Maritime Affairs under the provisions of Article

94 (1), shall obtain permission from the Minister of Land, Transport and Maritime

Affairs. In this case, the Minister of Land, Transport and Maritime Affairs may

permit it on the condition that the land and airport facilities associated with the

airport development project revert to the State.

(2) The land and airport facilities which are created or installed by permission to

which any condition is attached under the provisions of the latter part of paragraph

(1) and Article 94 (3), shall revert to the State at the same time when the work is

completed: Provided, That this shall not apply to such airport facilities as


(3) The Minister of Land, Transport and Maritime Affairs may have an investor in,

and a project operator of, facilities reverted to the State under the provisions of

paragraph (2) use and receive benefits gratuitously from the airport facilities and

other airport facilities under the control of the Minister of Land, Transport and

Maritime Affairs to the limit of the total cost of the projects which they invested,


(4) The calculation method of the total cost of projects as referred to in paragraph (3)

and the period in which they may use and receive benefits gratuitously shall be

determined by the Presidential Decree.


Article 105-2 (Right to Manage Airport Facilities)

(1) The Minister of Land, Transport and Maritime Affairs may establish right to

maintain and manage airport facilities (hereinafter referred to as the "right to

manage airport facilities"), and collect rental fees from any person who uses or

utilizes such airport facilities.

(2) Any person who has been granted the right to manage airport facilities under the

provisions of paragraph (1) shall file a registration with the Minister of Land,

Transport and Maritime Affairs as prescribed by the Presidential Decree. The same

shall apply to the case in which he intends to alter registered matters.


Article 105-3 (Character of Right to Manage Airport Facilities)

The right to manage airport facilities shall be deemed the real right and the provisions

concerning the real estate in the Civil Act shall apply mutatis mutandis to such right

except as otherwise provided in this Act.


Article 105-4 (Special Case for Establishment of Mortgage)

(1) Any right to manage airport facilities on which a mortgage has been placed shall

not be disposed of without a consent of the mortgagee.

(2) Any mortgage shall not be placed on the right to manage such airport facilities as

prescribed by the Presidential Decree from among airport facilities for which the

right to manage them has been established under the provisions of Article 105-2.


Article 105-5 (Change in Right)

(1) The right to manage airport facilities or the placement, alteration and

extinguishment of a mortgage and restrictions on the disposal of such mortgage

shall take effect only after they are registered with an airport facilities right register

kept by the Ministry of Land, Transport and Maritime Affairs.

(2) Necessary matters concerning the registration of the right to manage airport

facilities referred to in paragraph (1) shall be prescribed by the Presidential Decree.


Article 106 (Airport Facilities Management Ledger)

(1) Any person who manages airport facilities shall prepare and keep a management

ledger of the airport facilities under his management.

(2) Matters necessary for preparation, keeping and matters to be entered in the airport

facilities management ledger shall be determined by the Ordinance of the Ministry



Article 106-2 (Prohibited Acts in Airport Facilities)

(1) No person is permitted to do any of the following acts in airport facilities without

approval of the person who manages airport facilities:

1. doing business;

2. occupying airport facilities without permission; and

3. forcing the purchase of goods and services and touting people for business.

(2) The person who manages airport facilities may order persons violating the

provisions of paragraph (1) to stop the acts or to leave the place.


Article 107 (Establishment, etc. of Measures to Prevent Noise from Causing

Damage)

(1) If it is required to prevent or reduce any damage of noise caused by aircraft, the

Minister of Land, Transport and Maritime Affairs may take measures to prevent

noise from causing damage or get any project operator and any manager of airport

facilities to take measures to prevent noise from causing damage under the


(2) The Minister of Land, Transport and Maritime Affairs shall designate and

announce publicly in advance the area damaged or anticipated to be damaged by

airport noise, where measures for prevention of noise damage are to be taken under

the provisions of paragraph (1).

(3) The Special Metropolitan City Mayor, the Metropolitan City Mayor or the Do

governor (hereinafter referred to as the "Mayor/Do governor") may restrict the

installation or use of facilities in the area that is designated and published in

accordance with paragraph (2) under the conditions as prescribed by the



Article 108 (Establishment of Noise Level)

(1) The Minister of Land, Transport and Maritime Affairs shall establish the levels of

noise according to the degree of noise produced by the aircraft in service.

(2) The levels of noise as referred to in paragraph (1) shall be determined by the



Article 108-2 (Procedures, etc. for Quiet Operation)

(1) Every aircraft taking off or landing in any airport located within the area damaged

or anticipated to be damaged by airport noise under Article 107 (2) shall operate

according to the operation procedures (hereinafter referred to as the "procedures

for quiet operation") that are prescribed and published by the Minister of Land,

Transport and Maritime Affairs in order to reduce its noise.

(2) The Minister of Land, Transport and Maritime Affairs, when an aircraft might

cause any damage by generating noise over the level of noise set by the

International Civil Aviation Organization, may restrict the operation of such

aircraft.


Article 109 (Imposition and Collection of Noise Charges)

(1) The Minister of Land, Transport and Maritime Affairs may impose and collect

noise charges from the owner, etc. using the aircraft producing noise and landing in

airports which are subject to making preventative measures on noise under Article

107 (1), in different grades, according to the level of noise provided for in Article

108. Provided, That noise charges shall not be more than 30/100 of the airport

landing fees (excluding value added tax).

(2) Notwithstanding paragraph (1), the Minister may impose and collect noise charge

twice the noise charge under paragraph (1) from the owner, etc. violating Article

108-2 (1) for quiet operation.

(3) Matters necessary for the criteria for imposition, amount, collection procedure, etc.

of noise charges as referred to in paragraph (1) and (2) shall be determined by the


(4) When the person liable to pay noise charges under paragraph (1) fails to pay such

charges within a fixed period of payment, the Minister of Land, Transport and

Maritime Affairs may collect them according to examples of the disposition on

national taxes in arrears.


Article 109-2 (Countermeasure Committee to Prevent Aircraft Noise from Causing

Damage)

The Minister of Land, Transport and Maritime Affairs, the project developer and the

managers of airport facilities may set up and operate the Countermeasure Committee to

Prevent Aircraft Noise from Causing Damage in order to get counsels on the matters

falling under each of the following subparagraphs under the conditions as prescribed by

the Presidential Decree:

1. Matters concerning the promotive plan of the program for taking measures to

prevent aircraft noise from causing damage;

2. Matters concerning ways to implement the program for taking measures to prevent

aircraft noise from causing damage and their priority order; and

3. Other matters concerning measures to prevent aircraft noise from causing damage.


Article 110 (Supervision)

(1) In executing airport development projects or managing airport facilities, the

Minister of Land, Transport and Maritime Affairs may revoke the permission,

approval or designation on the execution and management of such projects, take

any measure necessary for the suspension of the effects of such permission,

approval or designation, discontinuance of work, modifying, altering, transferring,

removing, restituting, etc. of works or things, in any of the following cases:

Provided, That in the case of subparagraph 1 or 3, permission or approval for

executing airport development projects or managing airport facilities shall be

revoked.

1. Where permission is granted by a deceitful or unlawful manner;

2. Where a project operator other than the Minister of Land, Transport and

Maritime Affairs makes an implementation plan without approval or alters

approved matters in violation of Article 95 (3); and

3. Where a project operator violates an implementation plan which is approved

or approved for its alteration under Article 95 (3).

(2) Standards and procedures for dispositions under paragraph (1) and other necessary

matters shall be prescribed by the Ordinance of the Ministry of Land, Transport

and Maritime Affairs.


Article 111 (Applicable Provisions)

(1) The provisions of Articles 75 (3), 76, 77 (2), 80, 82 through 86, and 88 shall apply

mutatis mutandis to any airport installed and administered by the Minister of Land,

Transport and Maritime Affairs (including any airport administered by a person

who is granted the right to manage airport facilities from the Minister of Land,

Transport and Maritime Affairs under the provisions of Article 105-2). In this case,

in applying mutatis mutandis the provisions of Article 82, the term "airport

installer" in Article 82 and 83 shall be read as "Minister of Land, Transport and

Maritime Affairs or person granted the right to manage airport facilities".

(2) The provisions of Articles 75 (3), 76, 77 (2), and 78 through 80, 80-2, 80-3 and 81

through 88 shall apply mutatis mutandis to any airport installed and administered

by any person other than the Minister of Land, Transport and Maritime Affairs.


SECTION 3 Airport Operation Certificate <Newly inserted by Act No. 6944, Jul. 25,

2003>

Article 111-2 (Airport Operation Certificate, etc.)

(1) Any airport operator who intends to operate an airport prescribed by the

Presidential Decree, such as the airport etc. having international air routes, shall

obtain a certificate to the effect that he is equipped with the systems capable of

operating an airport safely (hereinafter referred to as the "certificate of airport

operation") from the Minister of Land, Transport and Maritime Affairs, under the

conditions as stipulated by the Ordinance of the Ministry of Land, Transport and

Maritime Affairs.

(2) The Minister of Land, Transport and Maritime Affairs shall determine and publish

the technological criteria for manpower, facilities and equipments required for a

safe operation system of airport and operational procedures etc. (hereinafter

referred to as the "criteria for safe operation of airport").


Article 111-3 (Airport Operation Rules)

(1) Any airport operator who intends to obtain a certificate of airport operation under

Article 111-2 (1) shall establish the rules for operation of relevant airport

(hereinafter referred to as the "airport operation rules") pursuant to the criteria for

safe operation of airport, and obtain an authorization therefor from the Minister of

Land, Transport and Maritime Affairs, and the same shall also apply to the case

where intending to alter the said rules: Provided, That minor matters stipulated by

the Ordinance of the Ministry of Land, Transport and Maritime Affairs , such as an

airport operator's own detailed operational rules etc., shall be reported to the said

Minister.

(2) Where the criteria for safe operation of airport are altered, or the Minister of Land,

Transport and Maritime Affairs orders to alter them for the purpose of airport

safety or of prevention of dangers, an airport operator who has obtained a

certificate of airport operation shall alter the airport operation rules under the

conditions as stipulated by the Ordinance of the Ministry of Land, Transport and

Maritime Affairs.


Article 111-4 (Inspection, etc. of Airport Operation)

(1) An airport operator who has obtained a certificate of airport operation shall

continuously maintain a safe airport operation system pursuant to the criteria for

safe operation of airport and the airport operation rules, and the Minister of Land,

Transport and Maritime Affairs shall inspect regularly or occasionally whether or

not complying with them.

(2) Where an airport operator has, as a result of inspections under paragraph (1),

operated the airport in contravention of the criteria for safe operation of airport and

the airport operation rules, the Minister of Land, Transport and Maritime Affairs

may order a corrective measure under the conditions as stipulated by the Ordinance



Article 111-5 (Revocation of Certificate of Airport Operation etc.)

(1) When an airport operator who has obtained a certificate of airport operation falls

under any of the following subparagraphs, the Minister of Land, Transport and

Maritime Affairs may either revoke the certificate of airport operation or order a

suspension of airport operation with fixing a period of within six months: Provided,

That when he falls under subparagraph (1), the said Minister shall revoke the

certificate of airport operation:

1. When he has obtained a certificate of airport operation by falsity or other

illegal means;

2. When he falls under any of the following items:

(a) when he hasn’t made a flight safety management system before carrying

out a project;

(b) when he operates a flight safety management system without approval;

(c) when he operates a flight safety management system differently from the

approved contents; and

(d) when he alters important matters prescribed by the Ordinance of the

Ministry of Land, Transport and Maritime Affairs without approval.

3. When he has failed to take a corrective measure under Article 111-4 (2);

4. When he has caused any dangers to the airport safety in contravention of the

criteria for safe operation of airport without any justifiable causes, such as

natural disaster etc.; and

5. When any aircraft accidents have occurred due to intention or gross

negligence, or by neglecting the duty of considerable cares to the management

and supervision of airport employees.

(2) Matters necessary for the standards and procedures, etc. for dispositions under

paragraph (1) shall be stipulated by the Ordinance of the Ministry of Land,



Article 111-6 (Imposition of Penalty Surcharge)

(1) Where an airport operator who has obtained a certificate of airport operation falls

under Article 111-5 (1) 2 through 5, and thus a suspension of airport operation is to

be ordered, and where there exist any concerns over causing serious

inconveniences to the airport users etc. or damaging the public interests by the said

suspension of airport operation, the Minister of Land, Transport and Maritime

Affairs may impose a penalty surcharge not exceeding one billion won, in lieu of a

disposition of suspending airport operation.

(2) Amount of penalty surcharge in accordance with the type and level of offenses on

which the penalty surcharge is imposed under paragraph (1), and other necessary

matters, shall be prescribed by the Presidential Decree.

(3) When any person subjected to a disposition of imposing a penalty surcharge under

paragraph (1) has failed to pay the said surcharge within the time limit, the

Minister of Land, Transport and Maritime Affairs shall collect it by referring to the

practices of dispositions on default of national taxes, under the conditions as



CHAPTER VI AIR TRANSPORTATION BUSINESS, ETC. <Amended by Act No.

9780, Jun. 9, 2009>

Article 112 (Domestic or International Air Transportation Business)

(1) Any person who intends to operate a domestic or international air transportation

business shall obtain the license of the Minister of Land, Transport and Maritime

Affairs. Provided, in the case where the person has obtained the license for

international air transportation business, it shall be deemed that the person also

obtained the license for domestic air transportation business.

(2) Any person who desires to operate a regular air transportation business, shall

obtain by route the license of the Minister of Land, Transport and Maritime Affairs.

(3) Any person who desires to obtain the license as referred to in paragraph (1) or (2)

submit to the Minister of Land, Transport and Maritime Affairs an application for

license together with a business plan under the conditions as prescribed by the


(4) Any person with license under paragraph (1) who intends to operate nonscheduled

flights shall obtain the permission of the Minister of Land, Transport and Maritime

Affairs.

(5) Any person with license under paragraph (1) or permission under paragraph (2) or

(4) shall obtain license or permission for alteration if he intends to alter the license

or the permission.

(6) Procedures for license, permission and license and permission for alteration under

paragraphs (1) through (5) shall be prescribed by the Ordinance of the Ministry of



Article 112-2 (Provision of Information on Safety of Regular Air Transportation

Business)

The Minister of Land, Transport and Maritime Affairs may provide citizens with the

information about air transportation businesses (including any foreign international air

transportation business under Article 144), which have caused accidents or are highly

likely to cause accidents falling short of safety standards of the ICAO, in order to secure

safety of citizens.


Article 113 (License Standards)

(1) Standards for the license for domestic or international air transportation business

shall be as follows:

1. The commencement of such business shall not be feared to impair the safety of air

traffic;

2. The flight schedule entered in the business plan shall be fit for the convenience of

users; and

3. The number of aircraft to be used for such business and the financial basis of such

business shall be in conformity with the standards prescribed by the Ordinance of


(2) A regular air transportation business who has obtained license for business shall

satisfy the license standards under paragraph (1) before the first operation of the aircraft.


Article 114 (Disqualification, etc. for License)

(1) The Minister of Land, Transport and Maritime Affairs shall not grant a license for

domestic or international air transportation business to a person who falls under

any of the following subparagraphs:

1. Person who falls under any of the subparagraphs of Article 6 (1);

2. Person who is incompetent, quasi-incompetent or adjudicated bankrupt and is

not yet reinstated;

3. Person who is sentenced to a punishment heavier than imprisonment without

prison labor in contravention of this Act, and for whom two years have not

passed after the execution of sentence is terminated, or non-execution thereof

becomes definite, or who is in the course of a suspended sentence;

4. Person who is subject to a disposition of revocation of license for or registration

of domestic, international or irregular air transportation business or aircraft-

using business, and for whom two years have not passed from the day of

revocation; and

5. A juristic person any of whose officers falls under the provisions of

subparagraphs 1 through 4.


Article 115 (Duty to Start Operation)

Any domestic or international air transportation businessman who obtained license

under Article 112 shall start the operation at the date as specified in the application for

license: Provided, That this shall not apply in a case the time is postponed with the

approval of the Minister of Land, Transport and Maritime Affairs due to natural disaster,

terrestrial upheaval, or other inevitable cause.


Article 115-2 (Certification of Operation for Air Transportation Business)

(1) Any domestic or international air transportation businessman shall start the

operation by obtaining the certification of operation after undergoing the

examination of the Minister of Land, Transport and Maritime Affairs on the

systems of safe operation, such as the manpower, equipment, facilities, and

supports for operational control and maintenance control, etc., under the criteria as


Affairs.

(2) The Minister of Land, Transport and Maritime Affairs shall, where he issues a

certificate of operation under paragraph (1), set forth the operational criteria

clarifying the conditions for operation and restricted matters as prescribed by the

Ordinance of the Ministry of Land, Transport and Maritime Affairs concerning the

air route for operation, airports and methods of aircraft maintenance, etc., and

deliver it concurrently.

(3) The Minister of Land, Transport and Maritime Affairs may, where deemed

necessary for securing the safe operation of aircraft, alter the operational criteria

under paragraph (2) ex officio or upon an application of the domestic or

international air transportation businessman.

(4) The domestic or international air transportation businessman and airmen shall

comply with the operational criteria under paragraph (2).

(5) The domestic or international air transportation businessman in receipt of a

certificate of operation under paragraph (1) shall keep the systems for safe

operation at the time of receiving a certificate of operation for the first time, and

where there exists any alteration in the systems for safe operation due to an

establishment of a new route, etc., he shall undergo the examination by the


(6) The Minister of Land, Transport and Maritime Affairs shall, in order to secure the

safe operation of aircraft, check periodically or occasionally whether the domestic

or international air transportation businessman in receipt of a certificate of

operation under paragraph (1) keeps the systems for safe operation.

(7) In the event that the Minister of Land, Transport and Maritime Affairs finds

matters that may pose serious dangers to the safe operation of aircraft unless

emergency measures are taken against them while performing the periodical and

occasional checks referred to in paragraph (6), he may have the operation of

aircraft suspended and the services of airmen suspended under the conditions as


Affairs.

(8) The Minister of Land, Transport and Maritime Affairs shall, when the grounds of a

disposition taken to order the suspensions referred to in paragraph (7) disappears,

revoke or change without delay such disposition.


Article 115-3 (Revocation of Operation Certificate of Regular Air Transportation

Business)

(1) The Minister of Land, Transport and Maritime Affairs may revoke operation

certificate of a regular air transportation business with operation certificate issued

under Article 115-2 (including the case that it is applicable mutatis mutandis in

Article 132 and 134 (3)) or a person who made registration for aircraft using

business under Article 134, or order the suspension of aircraft operation for the

period not exceeding more than 6 months if he falls under any of the following

subparagraphs. Provided that any regular air transportation business falling under

any of the subparagraphs 1, 37 or 46, the Minister may revoke the operation

certificate:

1. Where he has obtained operation certificate by false or other unlawful means;

2. Where he uses an aircraft without obtaining the certification of airworthiness

in contravention of Article 15 (8);

3. Where he doesn’t comply with the order of maintaining airworthiness of his

aircraft, equipment or parts under Article 15 (8);

4. Where he uses the aircraft which fails to obtain the certification of conformity

with noise standards or to meet the standards for such certification in

contravention of Article 16 (2);

5. Where he uses the aircraft without obtaining approval for airworthiness in

contravention of Article 18after the technical standards are changed, and the

type of the aircraft for which the certification of type is given becomes

unconformed to the changed standards.

6. Where he uses the aircraft, equipment or parts from using the aircraft without

obtaining approval for their repair and modification in contravention of Article

19 (2);

7. Where he uses technical-standard goods that are not granted the approval of

type in the aircraft in contravention of Article 20 (2);

8. Where he uses any equipment or any parts, for which the certification of parts,

etc. is not granted, in contravention of Article 20-2 (2);

9. Where he uses the aircraft, the equipment and parts for aviation without

obtaining confirmation that they conform to the technical standards in

contravention of Article 22;

10. Where he uses any aircraft for aviation without the indication of nationality,

the mark of registration and the name or title of owner, etc., in contravention of

Article 39 (1);

11. Where he uses an aircraft for aviation without being equipped with wireless

apparatus prescribed by the Ordinance of the Ministry of Land, Transport and

Maritime Affairs in contravention of Article 40;

12. Where he uses an aircraft without installing and loading aeronautical

instruments or doesn’t comply with the operation method in contravention of

Article 41;

13. Where he uses aircraft without loading such quantity of fuel and oil as


Affairs in contravention of Article 43;

14. Where he doesn’t show the location of the aircraft by signal lights under the

conditions as prescribed by the Ordinance of the Ministry of Land, Transport

and Maritime Affairs in the case of flying, stopping or anchoring any aircraft

at an airport during the night in contravention of Article 44.

15. When he operates an aircraft used for air transportation business or aircraft-

using business, or is engaged in instrument flight or night flight or pilot

training in violation of Article 45 without flight experience.

16. Where he has flight crew and cabin crew work beyond their working hours on

board in contravention of Article 46;

17. Where he has airmen or cabin crew render their services in a state under which

they are unable to render their normal air service due to the influence of

alcoholic beverages or the narcotics, etc. in violation of Article 47 (1);

18. Where he has flight crew and air traffic controllers, who are unconformed to

the criteria for physical examination as prescribed in Article 31 (2), be engaged

in any air service in violation of Article 48.

19. Where he falls under any of the following items in violation of Article 49 (2):

(a) where he fails to establish an aviation safety management system before

starting business;

(b) where he operates the aviation safety management system without

approval;

(c) where he operates the aviation safety management system differently from

the approval;

(d) where he alters important matters prescribed by the Ordinance of the


20. Where he fails to forthwith report it to the Minister of Land, Transport and

Maritime Affairs under the conditions as prescribed by the Ordinance of the

Ministry of Land, Transport and Maritime Affairs if an aircraft accident or

incident occurs in contravention of Article 50 (5);

21. Where he unfairly accredits or examines the qualification of pilots under his

control in contravention of Article 51 (4) or has a pilot-in-command who

doesn’t meet the experience requirements specified for air routes and airports

in contravention of paragraph (7) of the same Article;

22. Where he doesn’t have any flight dispatcher in contravention of Article 52 (1);

23. Where he has a flight dispatcher without conducting necessary education and

training for such flight dispatchers prescribed by the Ordinance of the Ministry

of Land, Transport and Maritime Affairs in contravention of Article 53;

24. Where he has an aircraft take off and land on any place other than airport on

the land, and any place other than places on the water as prescribed by the



25. Where he orders to do prohibited acts in contravention of Article 55;

26. Where he transports dangerous goods using an aircraft without permission in


27. Where he handles dangerous goods without complying with the handling

procedure and method published by the Minister of Land, Transport and

Maritime Affairs in contravention of Article 59 (2);

28. Where he has a person, who hasn’t receive the education for handling

dangerous goods, handle dangerous goods in contravention of Article 61 (1);

29. Where he operates a two-engine aircraft without approval in contravention of

Article 69-2;

30. Where he operates an aircraft at a reduced vertical separation minimum

airspace or the required navigation performance airspace, etc. prescribed by the


contravention of Article 69-3 (1);

31. Where he uses an aircraft for navigation without taking on board aircrew

therein who are required for the safety of aviation, under the conditions as


Affairs in contravention of Article 74 (1);

32. Where he doesn’t conduct necessary education for the duties of cabin crew,

who will be on board, in contravention of Article 74 (3);

33. Where he operates an aircraft or performs his duty without complying with the

operational technology criteria under Article 74-2 in contravention of Article

74-3;

34. Where he starts aircraft operation without obtaining the certification of

operation in contravention of Article 115-2 (1);

35. Where he fails to comply with the operational criteria in contravention of

Article 115-2 (4);

36. Where he doesn’t keep the systems for safe operation continuously or operates

an aircraft without undergoing inspection on the systems for safe operation in


37. Where he operates an aircraft without complying with the order of operation

suspension in contravention of Article 115-2 (7);

38. Where he establishes or alters the regulations for operation of aircraft and for

maintenance of aircraft without reporting or obtaining authorization in


39. Where he fails to distribute the regulations for operation of aircraft and for

maintenance of aircraft reported to or authorized to the persons engaged in the

business in contravention of Article 116 (3);

40. Where he operates or repairs an aircraft without complying with the

regulations for operation of aircraft and for maintenance of aircraft reported to

or authorized under Article 116 (1) in contravention of Article 116 (3);

41. Where he doesn’t comply with the order of business improvement for aviation

safety under Article 122, 3, 5 and 6.

42. Where he hasn’t file a report or submit a document about duties (only referring

to the duty for maintaining and managing the safety operation system) under

Article 153 (1) or has filed a false report or submitted a false document;

43. Where he refuses, hampers or avoids the entrance to the aircraft, etc. or the

inspection on books and documents, etc. (only referring to the duty for

maintaining and managing the safety operation system) under Article 153 (2);

44. Where he refuses to answer any questions to the persons concerned (only

referring to the duty for maintaining and managing the safety operation

system) or make false answers under Article 153 (2);

45. Where he has caused any aircraft accident due to intention or gross negligence,

or by neglecting the duty of considerable cares to the management and

supervision of airport employees.

46. Where he operates the aircraft during the period of operation suspension in

violation of the order of operation suspension under this Article.

(2) Detailed standards and procedures under paragraph (1) and other necessary

matters shall be prescribed by the Ordinance of Minister of Land, Transport and

Maritime Affairs.



(1) Where an airport operator who has obtained a certificate of airport operation

under Article 115-2 (1) (including the case that it is applicable mutatis mutandis

in Article 132 (3) and 134 (3)) falls under Article 115-3 (1) 2 through 36 or 38

through 45, and thus a suspension of airport operation is to be ordered, and where

there exist any concerns over causing serious inconveniences to the airport users

etc. or damaging the public interests by the said suspension of airport operation,

the Minister of Land, Transport and Maritime Affairs may impose a penalty

surcharge not exceeding five billion won, in lieu of a disposition of suspending

airport operation.

(2) Amount of penalty surcharge in accordance with the type and level of offenses on

which the penalty surcharge is imposed under paragraph (1), and other necessary

matters, shall be prescribed by the Presidential Decree.

(3) When any person subjected to a disposition of imposing a penalty surcharge under

paragraph (1) has failed to pay the said surcharge within the time limit, the

Minister of Land, Transport and Maritime Affairs shall collect it by referring to

the practices of dispositions on default of national taxes, under the conditions as



Article 116 (Regulations for Operation and for Maintenance)

(1) Any domestic or international air transportation businessman shall file a report

with the Minister of Land, Transport and Maritime Affairs in case where he

intends to set forth or modify the regulations for operation of aircraft and for

maintenance of aircraft within the limit as prescribed by the Ordinance of the

Ministry of Land, Transport and Maritime Affairs: Provided, That for the matters


Affairs, such as the catalogue of minimum equipment, training programs for

aircrew, etc., he shall obtain an approval from the Minister of Land, Transport and

Maritime Affairs.

(2) If the Minister of Land, Transport and Maritime Affairs intends to give an

authorization for the catalogue of minimum equipment, training programs for

aircrew, etc., under paragraph (1), he shall confirm whether or not they are

conformed to the operational technology criteria under Article 74-2.

(3) The domestic or international air transportation businessman shall distribute the

regulations for operation of aircraft and for maintenance of aircraft reported to or

approved by the Minister of Land, Transport and Maritime Affairs under paragraph

(1) to the persons engaged in the business of operating and maintaining aircraft,

and the domestic or international air transportation businessman and the persons

engaged in the business of operating and maintaining aircraft shall comply with

such regulations.


Article 117 (Permission of Fares or Rates)

(1) Any regular air transportation businessman covering international air routes shall

determine fares or rates for passengers or freight (excluding mails; hereinafter the

same shall apply) of such international air routes as prescribed by aviational

accords with respect to such international air routes and shall either obtain

permission therefor from the Minister of Land, Transport and Maritime Affairs, or

file a report thereof with the Minister of Land, Transport and Maritime Affairs.

The same shall apply to the case where he intends to alter such fares or rates.

(2) Any regular air transportation businessman covering domestic air routes, when he

intends to determine or alter fares or rates for passengers or freight, shall publish

such determination or alteration in advance for not less than 20 days.

(3) Approval criteria for fares and rates under paragraph (1) shall be prescribed by the



Article 118 (Distribution of Traffic Rights, etc.)

(1) The Minister of Land, Transport and Maritime Affairs shall determine the number

of flight operation in air talks with foreign countries and may distribute rights to

operate flight service within the determined number (hereinafter referred to as the

“traffic right”) after receiving an application of international air transportation

business.

(2) The Minister of Land, Transport and Maritime Affairs shall, when he distributes

traffic rights under paragraph (1), consider standards for license under

subparagraphs of Article 113 (1) and matters, etc. agreed in air talks with foreign

countries.

(3) The Minister of Land, Transport and Maritime Affairs may take up back the whole

or part of distributed traffic rights to increase the usage of traffic rights when an

international air transportation business falls under any of the following

subparagraphs:

1. When the business has ceased its operation or closed routes under the

provisions of Article 128;

2. When the business hasn’t operated relevant routes within one year after it had

traffic rights distributed;

3. When the business hasn’t used the whole or part of traffic rights after opening

relevant routes.

(4) Standards for distributing and taking up back traffic rights under paragraph (1) and

(3), method and other necessary matters shall be determined by the Ordinance of

the Ministry of Land, Transport and Maritime Affairs in consideration of whether

or not the regular air transportation business can operate its service and

convenience of users, etc.


Article 118-2 (Distribution of Fly Over Right, etc.)

(1) The Minister of Land, Transport and Maritime Affairs shall determine the number

of use of fly over right in air talks with foreign countries and may distribute rights

to operate flight service within the determined number (hereinafter referred to as

the “fly over right”) after receiving an application of international air transportation

business.

(2) The Minister of Land, Transport and Maritime Affairs shall, when he distributes

fly over right under paragraph (1), consider standards for license under

subparagraphs of Article 113 (1) and matters, etc. agreed in air talks with foreign

countries.

(3) The Minister of Land, Transport and Maritime Affairs may take up back the whole

or part of distributed fly over right when the fly over right distributed under

paragraph (1) is not used.

(4) Standards for distributing and taking up back fly over right under paragraph (1)

and (3), method and other necessary matters shall be determined by the Ordinance

of the Ministry of Land, Transport and Maritime Affairs in consideration of

whether or not the regular air transportation business can operate its service and

convenience of users, etc.


Article 119 (Keeping of Transport Clause, etc.)

Any domestic or international air transportation businessman shall keep the fare and rate

lists and the transport clause at such places in his business office easily visible to users

so that they may inspect them, under the conditions as prescribed by the Ordinance of



Article 120 (Business Plan)

(1) Any domestic or international air transportation businessman shall perform his

business under the conditions as specified in the business plan, except in a case

where it is difficult to operate due to worsening of weather, or there is any

inevitable reason.

(2) In a case where a person desires to formulate the business plan as referred to in

paragraph (1), or to modify it, he shall obtain the authorization of the Minister of

Land, Transport and Maritime Affairs: Provided, That if he desires to modify

insignificant matters as determined by the Ordinance of the Ministry of Land,

Transport and Maritime Affairs, he shall report it to the Minister of Land,


(3) The provisions of Article 113 (1) shall apply mutatis mutandis to the authorization

as referred to in paragraph (2).


Article 121 (Agreement, etc. pertaining to Transportation)

(1) Where a domestic or international air transportation businessman intends to

conclude an agreement on air transportation (hereinafter referred to as the

"transportation agreement"), including any joint operation agreement, with any

other air transportation businessman (including any foreign air transportation

businessman) or to conclude an agreement on business cooperation or other

alliance in regard of flight schedules, fares, public information or sales (hereinafter

referred to as the "alliance agreement"), he shall obtain approval of the Minister of

Land, Transport and Maritime Affairs as prescribed by the Ordinance of the

Ministry of Land, Transport and Maritime Affairs. The same shall also apply in the

case of altering the approved matters: Provided, That where the businessman

intends to alter minor matters prescribed by the Ordinance of the Ministry of Land,

Transport and Maritime Affairs, he shall in advance file a report thereof with the

Minister of Land, Transport and Maritime Affairs as prescribed by the Ordinance


(2) Neither transportation agreement nor alliance agreement shall include any of the

following matters in its contents:

1. Matters relating to the practical restriction of competition among the air

transportation businessmen;

2. Matters relating to unjust infringement on customers' benefit or discrimination

against a particular customer; and

3. Matters relating to the unjust restriction of gaining new membership in such

agreement or of withdrawal from such membership.

(3) In approving any alliance agreement referred to in paragraph (1) or any change in

such alliance agreement, the Minister of Land, Transport and Maritime Affairs

shall do so after a prior consultation with the Fair Trade Commission.

(4) Any conclusion or alteration of the transportation agreement or alliance agreement

shall take effect upon approval of the Minister of Land, Transport and Maritime

Affairs.


Article 122 (Order on Business Improvement)

If it is deemed necessary for the safety of air transportation and improvement of aviation

services, the Minister of Land, Transport and Maritime Affairs may order a domestic or

international air transportation businessman to do the following matters:

1. Alteration of the business plan;

2. Alteration of fares and rates;

3. Improvement of aircraft and other facilities;

4. Conclusion of insurance contract for the compensation for loss to be paid due to

aviation accidents;

5. Matters necessary for the implementation of international conventions for

aviation; and

6. Other matters necessary for eliminating the factors hampering the safe operation

of aircraft.


Article 123 (Prohibition of Lending of License)

No domestic or international air transportation businessman shall have another person

operate the regular air transportation business using his name or trade name, or lend his

license to another person.


Article 124 (Handing or Taking over Business)

(1) Where a domestic or international air transportation businessman desires to hand or

take over the regular air transportation business, he shall obtain the authorization of

the Minister of Land, Transport and Maritime Affairs.

(2) The Minister of Land, Transport and Maritime Affairs, upon receiving an

application for the authorization for handing or taking over under the provisions of

paragraph (1), shall not authorize it, where the transferor or transferee falls under

any of the following subparagraphs:

1. Where the transferee falls under any of the paragraphs of Article 114;

2. Where the transferor is subject to a disposition of business suspension under the

provisions of Article 129, and is in the course of the period of such disposition;

and

3. Where the transferor is subject to a revocation disposition of license under the

provisions of Article 129, but such disposition of revocation is in suspension of

execution under the Administrative Appeals Act or the Administrative

Litigation Act.

(3) The Minister of Land, Transport and Maritime Affairs shall, upon receiving the

application for authorization under the provisions of paragraph (1), publicly

announce it under the conditions as prescribed by the Ordinance of the Ministry of

Land, Transport and Maritime Affairs. In this case, expenses needed for public

announcement shall be borne by the transferor.


Article 125 (Merger of Businesses)

(1) Where a domestic or international air transportation businessman desires to merge

with another regular air transportation businessman or a person operating a

business other than air transportation business, he shall obtain the authorization of


(2) The provisions of Article 113 (1) shall apply mutatis mutandis to the authorization



Article 126 (Inheritance)

(1) In a case where a domestic or international air transportation businessman is dead,

his heir shall succeed to the status of the domestic or international air

transportation businessman. In this case, where there are two or more heirs, one of

them shall, by agreement, succeed to the status.

(2) The successor as referred to in paragraph (1) shall file a report thereon with the

Minister of Land, Transport and Maritime Affairs within thirty days after the cause

occurs.

(3) Where an heir who has succeeded the status of a domestic or international air

transportation businessman falls under any paragraph of Article 114, he may

transfer the domestic or international air transportation business to another person

within three months.


Article 127 (Suspension or Discontinuation of Business)

(1) Where a domestic or international air transportation businessman desires to

suspend his business (including discontinuation of international routes), he shall

obtain the permission of the Minister of Land, Transport and Maritime Affairs:

Provided, That where an international air transportation businessman covering

domestic air routes desires to suspend his business (including discontinuation of

routes), he shall file a report thereon with the Minister of Land, Transport and

Maritime Affairs.

(2) Where a regular air transportation businessman covering domestic air routes

desires to suspend his business (including discontinuation of routes), he shall file a

report thereon with the Minister of Land, Transport and Maritime Affairs.

(3) The period of business suspension or discontinuation as referred to in paragraph

(1) and (2) shall not exceed six months.

(4) Standards of permission for business suspension or discontinuation shall be as

follows:

1. there shall be no booking during the period of suspension or discontinuation, or

where there are alternative air flights for booking passengers.

2. there shall be no concern for causing significant inconvenience to passengers,

etc. or hurting public interest due to suspension or discontinuation.


Article 128 (Cessation or Closure of Business)

(1) Where an international air transportation businessman desires to cease his

business (including closure of international routes), he shall obtain the approval of

the Minister of Land, Transport and Maritime Affairs: Provided, That where an

international air transportation businessman covering domestic air routes desires

to cease his business (including closure of international routes), he shall file a

report thereon with the Minister of Land, Transport and Maritime Affairs.

(2) If a domestic air transportation business desires to cease his business (including

closure of routes), he shall file a report to the Minister of Land, Transport and

Maritime Affairs.

(3) Approval criteria for cessation or closure of business under paragraph (1) shall be

as follows:

1. there shall be no booking after cessation or closure of business, or there shall

be alternative air flights for booking passengers.

2. there shall be no concern for hurting sound order of the aviation market due to

cessation or closure of business.


Article 129 (Revocation, etc. of License)

(1) If a domestic or international air transportation businessman falls under any of the

following subparagraphs, the Minister of Land, Transport and Maritime Affairs

may revoke the license, or order to suspend the whole or part of the business with a

period not exceeding six months fixed: Provided, That if he falls under

subparagraphs 1, 2 and 16, the Minister shall revoke the license:

1. Where he obtained the license by a deceitful or unlawful manner;

2. Where he hasn’t fulfilled the matters licensed under Article 112;

3. Where he falls under any subparagraph of Article 114 (1): Provided, That the

same shall not apply to the case where a corporation falling under Article 114

(1) 5 dismisses the executive concerned within 3 months replaces with an

qualified executive or to the case where the heir transfers a domestic or

international air transport business within 60 days from the date on which the

inheritee passed away;

4. Where he has filed a report on fare or rate without obtaining authorization or

filed a report on alteration without authorization for alteration, or hasn’t

fulfilled the matters reported or authorized in violation of Article 117 (1).

5. Where he hasn’t kept the transport clause, etc. in violation of Article 119 and

thereby users may not inspect them.

6. Where he has carried out a business unconfirmed to the business plan under

Article 120 (1) or has determined or altered the business plan without obtaining

authorization or filing a report;

7. Where he hasn’t obtained authorization for transportation agreement or alliance

agreement or hasn’t filed a report in violation of Article 121, or where he hasn’t

fulfilled the matters as reported or authorized;

8. Where he hasn’t followed the order of business improvement under Article 122,

1, 2 and 4;

9. Where he has had another person operate the business using his name or trade

name, or lent his license to another person in violation of Article 123.

10. Where he has transferred or acquired the business by transfer without

authorization of the Minister of Land, Transport and Maritime Affairs in

violation of Article 124 (1);

11. Where he has merged the business without authorization of the Minister of

Land, Transport and Maritime Affairs in violation of Article 125 (1);

12. Where he hasn’t filed a report on inheritance in violation of Article 126 (2);

13. Where he suspended his business without permission or report in violation of

Article 127 (1) and (2), or hasn’t restarted the business after the period of

business suspension;

14. Where he hasn’t fulfilled the conditions of license, etc. issued under the

provisions of Article 135 (1);

15. Where there exist evident causes that may hurt national safety or public peace

and order;

16. Where he has continued his business during the period of business suspension

in violation of the order of business suspension under this Article.





Article 130 Deleted. <by Act No. 5794, Feb. 5, 1999>

Article 131 (Imposition of Penalty)

(1) In the case where a domestic or international air transportation businessman falls

under any of Article 129 (1) 2 or 4 through 15 and is to be ordered to suspend the

business, but the suspension of the business would give serious inconvenience to

its users, etc. of such business, or would be detrimental to the public interest, the

Minister of Land, Transport and Maritime Affairs may impose on him a penalty

not exceeding five billion won in lieu of the disposition of business suspension.

(2) Categories of offenses against which the penalty is imposed under the provisions

of paragraph (1), the amount of penalty in conformity with the degree of such

offenses, and other necessary matters shall be determined by the Presidential

Decree.

(3) The penalty as referred to in paragraph (1) may be collected by the Minister of

Land, Transport and Maritime Affairs according to examples of the disposition of

the national taxes in arrears under the conditions as prescribed by the Presidential

Decree.


Article 132 (Irregular Air Transportation Business)

(1) Any person who intends to operate an irregular air transportation business shall

register his business with the Minister of Land, Transport and Maritime Affairs as


Affairs.

(2) Technical manpower, standards for facilities, etc., standards for registration and

other necessary matters for the operator of an irregular air transportation business

under the provisions of paragraph (1) shall be prescribed by the Ordinance of the


(3) The provisions of Articles 114 through 116, 117 (only referring to provisions on a

regular transportation business), 119 through 129 and 131 shall apply mutatis

mutandis to the case of the irregular air transportation business. In this case, in

applying mutatis mutandis the provisions of Articles 112 (4), 124 and 125, the

“permission” or "authorization" shall be deemed the "report".



Article 134 (Aircraft-Using Business)

(1) Any person who desires to operate an aircraft-using business, shall register it with


(2) The criteria for registration of the aircraft-using business as referred to in

paragraph (1) and other matters necessary for the registration shall be determined


(3) The provisions of Articles 115, 115-2, 116, 120, 122 (excluding those as referred

to in subparagraph 2) through 124 (excluding those as referred to in paragraph (2)

1) and 125, 126, 128, 129 and 131 shall apply mutatis mutandis to the aircraft-

using business. In this case, for applying the provisions of Articles 124 and 125,

the term "authorization" shall be read as the term "report", respectively.

(4) If a person who has made a registration of the aircraft-using business (hereinafter

referred to as "aircraft-using businessman") suspends his business, he shall report it

without delay to the Minister of Land, Transport and Maritime Affairs.


Article 135 (Collateral Conditions to License, etc.)

(1) It shall be allowed to attach any condition or term to a license, registration,

authorization or permission as prescribed in Articles 112, 116, 117, 120, 121, 124,

127 and 132 or change them.

(2) Any condition or term as referred to in paragraph (1) shall be the minimum one

necessary for promoting the public interest or executing the license, registration,

authorization or permission, and shall not be one imposing any unreasonable

obligation on the air transportation businessman or aircraft-using businessman.


Article 136 Deleted <by Act No. 9780 , Jun. 9, 2009>

CHAPTER VII AIRCRAFT-HANDLING BUSINESS, ETC. <Amended by Act No.

9780, Jun. 9, 2009>

Article 137 (Aircraft-Handling Business)

(1) Any person who seeks to operate the aircraft-handling business shall register his

business with the Minister of Land, Transport and Maritime Affairs as prescribed


(2) Standards for facilities, standards for registration and other matters necessary for

registration for the aircraft-handling business under the provisions of paragraph (1)

shall be prescribed by the Ordinance of the Ministry of Land, Transport and

Maritime Affairs.

(3) Any person falling under any of the following subparagraphs shall be prohibited

from registering the aircraft-handling business:

1. A person who falls under any of Article 114, 2 through 5 (excluding a

corporation whose executive officer is foreigner); and

2. A person for whom two years have not elapsed from the date on which the

registration of his aircraft-handling business was revoked.


Article 137-2 (Aircraft Maintenance Business)

(1) A person who intends to operate an aircraft maintenance business shall make

registration to the Minister of Land, Transport and Maritime Affairs.

(2) Financial basis and standards for facilities to do an aircraft maintenance business

under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Land,


(3) A person who falls under any of the following items shall not make registration for

aircraft maintenance business:

1. a person who falls under any of subparagraphs 2 through 5 of Article 114

(excluding the case where it is a corporation and there exists an executive of

foreign nationality);

2. a person who is imposed a disposition of registration cancellation of aircraft

maintenance business and whose term of disposition has passed two years.


Article 138 (Maintenance Organization Certification, etc.)

(1) If any person who intends to maintain the aircraft, etc. and its equipment and parts


Affairs, have the manpower, etc. in conformity with the standards for the

manpower, facilities, test system, etc. (hereinafter referred to as the "standards for

the maintenance organization certification") that are prescribed and published by

the Minister of Land, Transport and Maritime Affairs and then obtain a

certification thereof from the Minister of Land, Transport and Maritime Affairs.

(2) Any owner, etc. shall, if he intends to have his aircraft, etc., equipment and parts

maintained as prescribed by the Ordinance of the Ministry of Land, Transport and

Maritime Affairs, commission the maintenance services to any person who has

obtained the certification referred to in paragraph (1) (hereinafter referred to as the

"maintenance organization certification") or obtain the maintenance organization

certification from the Minister of Land, Transport and Maritime Affairs after

securing the manpower, etc. in conformity with the standards for maintenance

organization certification: Provided, That this shall not apply with respect to any

domestic or international air transportation businessman who has obtained the

certification of operation under the provisions of Article 115-2 (including the irair

transportation businessman and aircraft-using businessman to whom the provisions

are applicable mutatis mutandis under the provisions of Articles 132 (3) and 134

(3)). <Amended by Act No. 7691, Nov. 8, 2005>

(3) The Minister of Land, Transport and Maritime Affairs shall, when he grants the

maintenance organization certification referred to in paragraphs (1) and (2), deliver

a certificate of such maintenance organization along with the detailed operational

standards that prescribe the scope of maintenance, methods of making the

maintenance and procedures for the control of quality, etc.

(4) In the event that aircraft, etc., equipment and parts are maintained, their

maintenance shall be made in conformity with procedures for and methods of

maintenance, etc. that are prescribed by any person who have manufactured the

aircraft, etc., equipment and parts or are recognized by the Minister of Land,


(5) Any person who has been granted the maintenance organization certification by

any country that has concluded a treaty with the Republic of Korea with respect to

the maintenance organization certification shall be deemed to have been granted

the maintenance organization certification by the Minister of Land, Transport and

Maritime Affairs.


Article 138-2 (Revocation, etc. of Maintenance Organization Certification)

(1) In the event that any person who has been granted the maintenance organization

certification falls under any of the following subparagraphs, the Minister of Land,

Transport and Maritime Affairs shall revoke his maintenance organization

certification or order him to suspend his business of rendering maintenance

services with fixing a period of not more than 6 months: Provided, That in the case

where he falls under subparagraph 1, his maintenance organization certification

shall be revoked:

1. Where he has obtained the maintenance organization certification by false or

other unlawful means;

2. When he falls under any of the following items in violation of Article 42 (2):

(a) when he hasn’t made a flight safety management system before carrying

out a project;

(b) when he operates a flight safety management system without approval;

(c) when he operates a flight safety management system differently from the

approved contents; and

(d) when he alters important matters prescribed by the Ordinance of the


3. Where he has violated the standards for the maintenance organization

certification provided for in Article 138 (1) without any justifiable grounds;

and

4. Where he has been responsible for any aircraft accident on the grounds of his

intentional negligence or his serious negligence, or his negligence in fulfilling

his duty of controlling and overseeing his airmen.

(2) The standards and procedures for taking any disposition to revoke the maintenance

organization certification referred to in paragraph (1) and other necessary matters

shall be prescribed by the Ordinance of the Ministry of Land, Transport and

Maritime Affairs.



(1) In the event that any person who has been granted the maintenance organization

certification is subject to an order given to suspend his business of rendering

maintenance services after he is found to fall under each subparagraph of Article

138-2 (1) and the suspension of his business is feared to cause serious

inconveniences to the customers, etc. of his services or undermine the public

interest, the Minister of Land, Transport and Maritime Affairs may levy a penalty

surcharge of not more than 500 million won in lieu of a disposition taken to

suspend his business of rendering maintenance services.

(2) The act of violation by kind for which the penalty surcharge is imposed under

paragraph (1), the amount of the penalty surcharge that is set by the extent of the

act of violation and other necessary matters shall be prescribed by the Presidential

Decree.

(3) When any person who is subject to a disposition taken to levy the penalty

surcharge under paragraph (1) fails to pay the penalty surcharge within the fixed

period, the Minister of Land, Transport and Maritime Affairs shall collect the

penalty surcharge in question according to the example of a disposition taken to

collect the national tax in arrears under the conditions as prescribed by the



Article 139 (Commercial Documents Delivery Business, etc.)

(1) Any person who desires to carry out a commercial document delivery business, air

transportation general agent business and city air terminal business, shall report it

to the Minister of Land, Transport and Maritime Affairs under the conditions as


Affairs. The same shall also apply in a case where he desires to modify the

reported matters.

(2) Any person who desires to make the report as referred to in paragraph (1) shall

submit the written report to the Minister of Land, Transport and Maritime Affairs

together with the business plan.


Articles 140 and 141 Deleted. <by Act No. 4647, Dec. 27, 1993>

Article 142 (Applicable Provisions)

(1) The provisions of Articles 119, 122 through 129, 131 and 136 shall apply mutatis

mutandis to the case of the aircraft-handling business. In this case, in applying

mutatis mutandis the provisions of Articles 124, 125, 127 and 128, the

"authorization", "approval", or "permission" shall be deemed the "report",

respectively. <Amended by Act No. 5794, Feb. 5, 1999>

(2) The provisions of Articles 119, 122 through 129, 131 and 136 shall apply mutatis

mutandis. In this case, in applying mutatis mutandis the provisions of Articles 124,

125m 127 and 128, the “authorization”, “approval”, or “permission” shall be

deemed the “report”, respectively.

(3) The provisions of Articles 122, 123, 127 through 129, 131 and 136 shall apply

mutatis mutandis to the case of the commercial document delivery business, the air

transportation general agent business and the city air terminal business. In this case,

in applying mutatis mutandis the provisions of Articles 127 through 129, the

"permission" or "approval" shall be deemed the "report" and the "revocation of a

license" shall be deemed the "closure of a place of business", respectively.


Article 143 (Establishment of Korea Civil Aviation Development Association)

(1) In order to efficiently carry out the development of an air transportation business,

protection of rights and interests of an air transportation businessman, operational

improvement of an airport, study on the safety of aviation and other affairs

entrusted by the Government, the Korea Civil Aviation Development Association

(hereinafter referred to as the "Association") may be established.

(2) Members of the Association shall be as follows:

1. domestic or international air transportation businessmen,

2. the Incheon International Airport Corporation established under the Inchon

International Airport Corporation Act,

3. the Korea Airports Corporation established under the Korea Airports

Corporation Act, and

4. other businessmen and organizations related to aviation.

(3) The Association shall be a juristic person.

(4) The Association shall come into existence by making an establishment registration

at the seat of its principal office.

(5) Matters necessary for the articles of association, activities and control of the

Association shall be determined by the Presidential Decree.

(6) The Minister of Land, Transport and Maritime Affairs may, where deemed

necessary, provide financial support to the Association within the scope of its

budget to facilitate the operation of business which falls under any one of the

following subparagraphs:

1. Business to study the promotion and safety of aviation;

2. Business to collect and manage aviation-related information;

3. Business to promote international cooperation with foreign aviation agencies;

and

4. Other business to develop the air transportation business, which the Minister

of Land, Transport and Maritime Affairs deems necessary.


CHAPTER VIII FOREIGN AIRCRAFT <Amended by Act No. 9780, Jun. 9, 2009>

Article 144 (Aviation of Foreign Aircraft<Amended by Act No. 9780, Jun. 9, 2009>)

(1) If the user of an aircraft holding the nationality of a foreign country which is a

member of the Convention on International Civil Aviation [excluding the aircraft

used for a business by a person who is permitted under the provisions of Article

147 (1) (hereinafter referred to as "foreign international air transportation

businessman"), that used for such transportation by a person who is permitted

under the provisions of Article 148, and that used by a foreign country or public

organization or person corresponding to it], desires to make any of the following

aviations, he shall obtain the permission of the Minister of Land, Transport and

Maritime Affairs: <Wholly amended by Act No. 9780, Jun. 9, 2009>

1. Aviation taking off outside the Republic of Korea and landing inside the

Republic of Korea;

2. Aviation taking off inside the Republic of Korea and landing outside the

Republic of Korea; and

3. Aviation taking off outside the Republic of Korea, and landing outside the

Republic of Korea after transiting the Republic of Korea without landing there.

(2) Deleted <by Act No. 8787, Dec. 21, 2007>

(3) The aircraft used for the military, customs house or police services in a foreign

country shall be considered as the aircraft used by the State in application of the

provisions of paragraphs (1).

(4) In a case where the aircraft as referred to in paragraphs (1) makes any aviation as

referred to in subparagraphs of paragraph (1), if the Minister of Land, Transport

and Maritime Affairs demands to do so, it shall land without delay on the airport as

designated by the Minister of Land, Transport and Maritime Affairs.


Article 145 (Domestic Use of Foreign Aircraft)

The aircraft with a foreign nationality (excluding the aircraft used for a business by a

foreign international air transportation businessman and that used for a transportation by

a person who is permitted under the provisions of Article 148) shall not be used for

aviation between areas in the Republic of Korea: Provided, That this shall not apply in

case where it is permitted by the Minister of Land, Transport and Maritime Affairs.


Article 146 (Prohibition of Munitions Transport)

No aircraft with a foreign nationality shall transport any munitions as prescribed by the

Ordinance of the Ministry of Land, Transport and Maritime Affairs by an aviation

falling under the provisions of any of the subparagraphs of Article 144 (1): Provided,

That this shall not apply in case where it is permitted by the Minister of Land, Transport

and Maritime Affairs.


Article 147 (Foreign International Air Transportation Business)

(1) Notwithstanding the provisions of Articles 112 (1) and 132 (1), a person who falls

under any of the subparagraphs of Article 6 (1), may carry on business to transport

passengers or freight commercially in compliance with the demand of others with

the permission of the Minister of Land, Transport and Maritime Affairs, by an

aviation falling under any of the subparagraphs of Article 144 (1) (including any

aviation between areas in the Republic of Korea, which is made in junction with

such aviation). In this case, the Minister of Land, Transport and Maritime Affairs

may permit it by restricting the frequency of aviation and the type of aircraft to be

used to the extent that it does not cause any impediment in the development of the

international aviation of the domestic air transportation businessman.

(2) Criteria for permission under paragraph (1) shall be as follows:

1. an international air transportation business designated by a foreign country

who conclude an aviation accord with the Republic of Korea;

2. flight safety shall be in accordance with the standards, procedures, practices,

etc. pursuant to the provisions of the Convention on International Civil

Aviation and the Annex to the said Convention.

3. the contents of air transportation business shall be in conformity with the

aviation accords conclude between the foreign nation and the Republic or

Korea;

4. the purpose of the business shall be to secure smooth transportation of

international passengers and cargo.

(3) Any person who desires to obtain the permission as referred to in paragraph (1),

shall submit an application to the Minister of Land, Transport and Maritime Affairs

which consists of a specific business plan, predetermined date at which the aviation

begins, and other matters as determined by the Ordinance of the Ministry of Land,



Article 147-2 (Matters to be Complied with for Foreign International Air

Transportation Business)

(1) A foreign international air transportation business shall operate the aircraft

carrying any of the following documents as prescribed by the Ordinance of the


1. a copy of certification of operation and a copy of operation standards issued

by a foreign country under the standards and recommendation of the Annex to

the Convention on International Civil Aviation; and

2. other documents that shall be carried in aircrafts as prescribed by the Annex to

the Convention on International Civil Aviation.

(2) Any foreign international air transportation business and airman shall comply with

the operation standards under paragraph (1), 1.

(3) The Minister of Land, Transport and Maritime Affairs may regularly or

occasionally carry out inspection on foreign international air transportation

businesses and airmen whether or not they comply with the operation standards

under paragraph (1), 1.

(4) In the event that the Minister of Land, Transport and Maritime Affairs finds

matters that may pose serious dangers to the safe operation of aircraft unless

emergency measures are taken against them while performing the periodical and

occasional checks referred to in paragraph (3), he may have the operation of

aircraft suspended and the services of airmen suspended under the conditions as


Affairs.

(5) The Minister of Land, Transport and Maritime Affairs shall, when the grounds of

a disposition taken to order the suspensions referred to in paragraph (4) disappears,

revoke or change without delay such disposition.


Article 148 (Onerous Transport by Foreign Aircraft)

(1) If a user of the aircraft holding a nationality of a foreign country (excluding the

aircraft used for a business by a foreign international air transportation

businessman) carries on a commercial transport of passengers or freight arriving at,

or departing from, the Republic of Korea in the course of aviation as prescribed in

Article 144 (1)1 or 2 (including any aviation between areas in the Republic of

Korea, which is made in junction with such aviation), he shall obtain the

permission of the Minister of Land, Transport and Maritime Affairs.

(2) Criteria for permission under paragraph (1) shall be as follows:

1. The aviation shall supplement the regular flight schedule, determined between

the Republic of Korea and a foreign country.

2. Aviation safety shall be in compliance with the standards and

recommendation of the Annex to the Convention on International Civil

Aviation.

3. The aviation shall not hurt sound market order; and

4. The purpose of the aviation shall be to secure smooth transportation of

international passengers and freight.


Article 149 (Prohibition of Domestic Transport by Foreign Aircraft)

No aircraft which obtained a permission under the provisions of the proviso of Article

145, Article 147 or 148, shall transport onerously any passenger or freight between

areas in the Republic of Korea.


Article 150 (Revocation, etc. of Permission)

(1) If a foreign international air transportation businessman falls under any of the

following subparagraphs, the Minister of Land, Transport and Maritime Affairs

may revoke the permission, or order him to suspend the business with a period not

exceeding six months fixed: Provided, That if he falls under subparagraph 1 or 21,

the Minister of Land, Transport and Maritime Affairs shall revoke the permission:

1. Where he obtains the permission by a deceitful or unlawful manner;

2. Where he uses an aircraft on which compulsory wireless apparatus prescribed

by the Ordinance of the Ministry of Land, Transport and Maritime Affairs are

not installed or on which the compulsory wireless apparatus is not operated in


3. Where he uses the aircraft, which is not equipped with aeronautical instruments,

etc. or doesn’t comply with the operation method, etc.

4. Where he flies, or stops or anchors any aircraft at an airport during the night,

and doesn’t show the location of the aircraft by signal lights under the

conditions as prescribed by the Ordinance of the Ministry of Land, Transport

and Maritime Affairs in violation of Article 44.

5. Where he has an aircraft take off and land on any place other than airport on the

land, and any place other than places on the water as prescribed by the

Ordinance of the Ministry of Land, Transport and Maritime Affairs in violation

of Article 53.

6. Where he orders to do prohibited acts in violation of Article 55.

7. Where he transports dangerous goods prescribed by the Ordinance of the

Ministry of Land, Transport and Maritime Affairs without obtaining permission

in violation of Article 59 (1) or doesn’t comply with the procedures and

methods for the handling of dangerous goods which are determined and

published by the Minister of Land, Transport and Maritime Affairs in violation

of paragraph (2) of the same Article.

8. Where he carries out business or operates an aircraft without complying with

permission criteria under Article 147 (2).

9. Where he makes a flight using an aircraft without loading any of the documents

under Article 147-2 (1) in violation of the same Act.

10. Where he fails to comply with the operation standards under Article 147-2 (1),

1 in violation of paragraph (2) of the same Act.

11. Where he doesn’t receive authorization or authorization for alteration, or

doesn’t file a report or a report for alteration on fares and rates in violation of

article 117 (1), which is applicable mutatis mutandis in Article 152.

12. Where he determines or alters business plan without obtaining authorization or

filing a report in the case of not doing business according to the business plan in

violation of Article 120 (1) and (2), which are applicable mutatis mutandis in

Article 152.

13. Where he doesn’t fulfill matters authorized or reported without obtaining

authorization or filing a report in violation of Article 121, which is applicable

mutatis mutandis in Article 152.

14. Where he doesn’t comply with the order of business improvement under Article

122, which is applicable mutatis mutandis in Article 152.

15. Where he suspends his business without reporting and doesn’t resume his

business after the period of business suspension in violation of Article 127,

which is applicable mutatis mutandis in Article 152.

16. Where he doesn’t comply with the conditions, etc. such as permission, imposed

under Article 135, which is applicable mutatis mutandis in Article 152.

17. Where he violated this Act or any order or disposition issued or taken under this

Act, or he is in contravention of any condition attached to the permission or

authorization;

18. Where he fails to fulfill permitted or authorized matters without any justifiable

reason;

19. Where the ownership of, or substantial control over, a majority of stocks or

quotas belongs no longer to the country in which the foreign international air

transportation businessman holds the nationality, or national of such country;

20. Where there is a convention relating to the aviation between the Republic of

Korea and the country the nationality of which the foreign international air

transportation businessman holds, but the convention has lost its effect, or the

country or the foreign international air transportation businessman violated the

convention;

21. Where there is any remarkable cause to bring any danger or injury to the

security of the Republic of Korea or the public peace of society. And

22. Where he continues his business in violation of the order of business suspension

under this Act.

(2) The provisions of Article 131 shall apply mutatis mutandis to the case of imposing

a fine in lieu of a disposition of suspending business under paragraph (1).

(3) Detailed standards and procedures under paragraph (1) and other necessary matters

shall be prescribed by the Ordinance of Minister of Land, Transport and Maritime

Affairs.


Article 151 (Recognition of Certificate, etc.)

Any certification, license and other act made or done by a foreign government to which

the nationality of the aircraft falling under any of the following subparagraphs belongs,

on the airworthiness of the aircraft and qualification of its crew, shall be considered to

have been made or done under this Act:

1. Aircraft of foreign nationality which makes an operation falling under any of the

subparagraphs of Article 144 (1);

2. Aircraft of foreign nationality which is used for foreign international air

transportation business under the provisions of Article 147; and

3. Aircraft of foreign nationality which carries on a commercial transport under the



Article 152 (Application Mutatis Mutandis of Foreign International Air

Transportation Businessmen)

The provisions of Articles 49-2 through 4 and 117 (1), 120 (1) and (2), 121,

subparagraphs 1 and 2 of 122, 127, 128 and 135 shall apply mutatis mutandis to the

case of any foreign international air transportation businessmen. In this case, in

applying mutatis mutandis the provisions of Articles 127 and 128, the "permission" and

"approval" shall be deemed the "report", respectively.


CHAPTER VIII-2 Deleted. <by Act No. 7691, Nov. 8, 2005>

Article 152-2 through 152-17 Deleted. <by Act No. 7691, Nov. 8, 2005>

CHAPTER IX SUPPLEMENTARY PROVISIONS <Amended by Act No. 9780, Jun.

9, 2009>

Article 153 (Activities for Aviation Safety)

(1) The Minister of Land, Transport and Maritime Affairs may have any person

falling under each of the following subparagraphs file a report or furnish

documents with respect to his business:

1. Persons who make, modify, repair, or maintain aircraft or equipment;

2. Installers or managers of airport facilities, airfields or navigation safety

facilities;

3. Airmen;

4. Domestic or international air transportation businessmen (including foreign

international air transportation businessmen; hereafter the same shall apply in

this Article), irregular air transportation businessmen, aircraft using

businessmen, aircraft-handling businessmen, air transportation general agent

businessmen, commercial documents delivery businessmen, and city air

terminal businessmen; and

5. Persons other than those as referred to in subparagraphs 1 through 4, who

continuously use aircraft or aviation facilities.

(2) If it is especially required for securing the enforcement of this Act, the Minister of

Land, Transport and Maritime Affairs may have a public official under his control

enter the office, factory or other place of business of the person falling under any

of the subparagraphs of paragraph (1), airport facilities, airfield, navigation safety

facilities, or construction field of such facilities, stationing place of aircraft or

aircraft to inspect aircraft, navigation safety facilities, books, documents and other

things, or to ask any questions to the persons concerned. In this case, the Minister

of Land, Transport and Maritime Affairs, when he deems it necessary to

efficiently carry out the business of inspection, may commission aviation safety

experts with qualifications prescribed by the Ordinance of the Ministry of Land,

Transport and Maritime Affairs and have them give counsel on the business of

inspection.

(3) The Minister of Land, Transport and Maritime Affairs shall conduct a regular

safety inspection on the airport in which a domestic or international air

transportation businessman places the aircraft in service, under the conditions as


Affairs.

(4) The Minister of Land, Transport and Maritime Affairs may, upon receiving a

request from the Minister of Knowledge Economy who deems that a commercial

documents delivery businessman might violate the Postal Service Act, have any

public official who belongs to the Ministry of Knowledge Economy conduct any

inspection or questions to the commercial documents delivery businessman on the

matters related to the Postal Service Act.

(5) In conducting any inspection or question pursuant to paragraphs (2) through (4),

the scheduled date and time, reasons, details, etc. of the inspection or question

shall be notified to the persons subject to such inspection or question not later than

seven days before the inspection or question: Provided, That in case of an

emergency or in a case where deemed that any prior notification might cause the

destruction of any evidence to make it impossible to attain the purposes of such

inspection or question, such notification shall not be required.

(6) In the case as referred to in paragraphs (2) through (4), the public official

concerned shall carry himself a certificate indicating his competence, and show it

to the interested persons.

(7) Matters necessary for the certificate as referred to in paragraph (6) shall be


Affairs.

(8) Where any inspection or question is conducted pursuant to paragraphs (2) through

(4), the results shall be notified to the persons so inspected or questioned.

(9) The Minister of Land, Transport and Maritime Affairs may temporarily suspend

the operation of the aircraft or navigation safety facilities, or temporarily suspend

the work of airmen or managers of navigation safety facilities as prescribed by the

Ordinance of the Ministry of Land, Transport and Maritime Affairs when the

Minister discovers, during the inspection under paragraph (2) and (3), the matters

that might cause serious dangers to safe flight of the aircraft unless emergency

measures are taken.


Article 153-2 (Financial Support)

Where the head of a local government undertakes an airport development project after

obtaining permission from the Minister of Land, Transport and Maritime Affairs under

the provisions of Article 94 (2), the Government may subsidize or loan part of costs

required for undertaking such project as prescribed by the Presidential Decree.


Article 154 (Delegation and Entrustment of Authority)

(1) Part of the authority of the Minister of Land, Transport and Maritime Affairs

under this Act may be delegated to the Mayor/Do governor or the heads of

agencies under supervision of the Minister of Land, Transport and Maritime

Affairs under the conditions as prescribed by the Presidential Decree and the

heads of agencies under the supervision of the Minister of Land, Transport and

Maritime Affairs may again delegate part of their delegated authority under the


(2) The Minister of Land, Transport and Maritime Affairs may entrust his business of

certification or inspection which is prescribed in Articles 15 through 17, 17-2, 17-

3, 18 through 20, and 20-2 to a specialized inspection institution under the


(3) The Minister of Land, Transport and Maritime Affairs may 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 Article 19

to the head of a central administrative agency concerned under the conditions as


(4) The Minister of Land, Transport and Maritime Affairs may entrust his business

prescribed in the proviso of Article 120 (2) (including the case where it is

applicable mutatis mutandis in Articles 132 (3) and 134 (3)) and Article 134 (4) to

the Association under the conditions as prescribed by the Presidential Decree.


falling under each of the following subparagraphs to the Korea Transportation

Safety Authority under the conditions as prescribed by the Presidential Decree:

3. The business concerning the examination for certification of qualifications,

the examination of qualification ceiling, and the issuance of certificates of

qualifications under the provisions of Article 29;

4. The business concerning the certification of instrument flight, the certification

of pilot training and the issuance of certificates under the provisions of Article

34;

5. The business concerning the issuance of certificates of spoken aviation

English proficiency under the provisions of Article 34-2 (3); and

6. The business concerning the receipt, analysis and dissemination of a report on

the aviation safety obstacle under the provisions of Article 49-4.


falling under each of the following subparagraphs to an agency or organization

specialized in aeronautic medical science under the conditions as prescribed by the

Presidential Decree:

5. The business concerning the certification of aviation physical examination

under the provisions of Article 31; and

6. The business concerning the education of specialized aviation doctors under

the provisions of Article 31-2 (3).


concerning the conduct of the examination for certification of spoken aviation

English proficiency under the provisions of Article 34-2 (2) to an agency or

organization specialized in the appraisal of English proficiency under the


(8) In applying the provisions of Articles 129 through 132 of the Criminal Act, the

executives and employees of specialized inspection institutions, the Association,

the Korea Transportation Safety Authority, or other specialized agencies or

organizations, etc., who are engaged in the business entrusted by the Minister of

Land, Transport and Maritime Affairs under the provisions of paragraphs (2) and

(4) through (7), shall be deemed public officials.


Article 154-2 (Hearing)

The Minister of Land, Transport and Maritime Affairs shall, when he intends to take a

disposition falling under any of the following subparagraphs, hold a hearing:

1. Revocation of the designation of a specialized educational institution under the

provisions of Article 29-3 (3);

2. Revocation of the designation of a specialized aviation doctor under the provisions

of Article 31-3 (1);

3. Revocation of certification of qualification, etc. or certification of aviation

physical examination under the provisions of Article 33 (1) and (2);

4. Revocation of the certification of instrumental flight and the certification of pilot

training under the provisions of Article 33 (1), which is applicable mutatis

mutandis in Article 34 (4);

5. Revocation of the certification of spoken aviation English proficiency under the

provisions of Article 33 (1), which is applicable mutatis mutandis in Article 34-2

(6).

6. Revocation of accreditation under the provisions of Article 51 (3);

7. Revocation of the designation of a package and container inspection institution

under the provisions of Article 60 (5);

8. Revocation of the designation of a specialized educational institution under the


9. Revocation of permission for installing airfield facilities or navigation safety

facilities under the provisions of Article 81;

10. Revocation of permission, approval, or designation with respect to the execution

or administration of an airport development project under the provisions of Article

110 (1);

11. Revocation of the certification of airport operation under Article 111-5 (1);

12. Revocation of a certification of operation under Article 115-3 (1);

13. Revocation of license of a domestic or international air transportation business

under the provisions of Article 129 (1);

14. Revocation of registration of an irregular air transportation business under the

provisions of Article 129 (1) which is applied mutatis mutandis in Article 132 (4);

15. Revocation of registration of an aircraft-using business under the provisions of

Article 129 which is applied mutatis mutandis in Article 134 (3);

16. Revocation of certification of any maintenance organization under Article 138-2

(1);

17. Revocation of registration of an aircraft-handling business under the provisions of

Article 129 (1) which is applied mutatis mutandis in Article 142 (1);

18. Revocation of registration of an aircraft maintenance business under the

provisions of Article 129 (1) which is applied mutatis mutandis in Article 142 (2);

19. Closure of establishments of the commercial documents delivery business, the air

transportation general agency business and the city air terminal business pursuant

to the provisions of Article 129 which is applied mutatis mutandis in Article 142

(3); and

20. Revocation of license of a foreign international air transportation business under

the provisions of Article 150 (1).


Article 155 (Fees)

(1) Any person who falls under any of the following items shall may fees as


Affairs.

5. Any person who intends to get a license, a certificate, an authorization, a

verification, an inspection under this Act;

6. Any person who intends to file a report under this Act; and

7. Any person who intends to apply for the issuance or reissuance of a certificate,

a license or a written permit under this Act.

(2) If a field investigation is necessary for inspection, etc. the applicant shall pay the

traveling expenses. The standards for traveling expenses shall be prescribed by the



CHAPTER X PENAL PROVISIONS <Amended by Act No. 9780, Jun. 9, 2009>

Article 156 (Offense Causing Danger in Aviation)

Any person who damages or destroys an airfield, airport facilities or navigation safety

facilities or causes any danger in aviation in any other way, shall be punished by

imprisonment for a limited term of not less than two years.


Article 157 (Offense Causing Danger in Flight)

(1) Any person who crashes, overthrows or destroys an aircraft in flight, shall be

punished by the death penalty, imprisonment for life or for not less than five years.

(2) Any person who crashes, overthrows or destroys an aircraft in flight in committing

the offense as prescribed in Article 156, shall also be punished by the punishment



Article 158 (Crime against Death or Injury by Causing Danger to Aircraft in

Flight)

Any person who caused the death of another person or injury by committing the crime

as prescribed in Article 157, shall be punished by the death penalty, or imprisonment for

life or imprisonment for not less than seven years.


Article 159 (Attempted Criminal)

Any person who attempted offenses as prescribed in Articles 156 and 157 (1), shall be

punished.


Article 160 (Offense against Danger Causing by Negligence in Aviation)

(1) Any person who damages or destroys by negligence an aircraft, airfield, airport

facilities or navigation safety facilities, or causes any danger in aviation by other

ways, or crashes or overthrows an aircraft in flight, shall be punished by

imprisonment with or without prison labor for not more than one year, or by a fine

not exceeding twenty million won.

(2) If a person commits the offense as referred to in paragraph (1) by any malpractice

or severe negligence, he shall be punished by imprisonment with or without prison

labor for not more than three years, or by a fine not exceeding fifty million won.


Article 161 (Offense against Use, etc. of Aircraft Holding no Airworthiness

Certificate)

Any person who falls under any of the following subparagraphs shall be punished by

imprisonment for not more than three years or a fine not exceeding fifty million won:

1. Person who uses an aircraft without obtaining the airworthiness certification or the

certification of conformity with noise standards, or who uses the aircraft which

failed to pass an inspection for such certification, in contravention of the

provisions of Article 15 or 16;

2. Person who uses the aircraft, etc., equipment and parts which failed to obtain the

approval for their repairs and modification, for aviation or the aircraft, etc. in

contravention of the provisions of Article 19;

3. Person who uses technical-standard goods which failed to obtain the approval of

type, for the aircraft, etc. in contravention of the provisions of Article 20 (2);

4. Person who manufactures equipment or parts without obtaining the certificate of

parts, etc. manufacturer in contravention of the provisions of Article 20-2 (1); and

5. Person who uses any equipment and parts, for which the certificate of parts, etc.

manufacturer is not obtained, for the aircraft, etc. or equipment in contraventions

of the provisions of Article 20-2 (2).

6. Person who uses an aircraft which failed to obtain the confirmation that it

conforms to the technical standards, in contravention of the provisions of Article

22;


Article 161-2 (Offense concerning Certificate of Airport Operation)

Any person who has operated an airport without obtaining a certificate of airport

operation in contravention of Article 111-2 shall be punished by imprisonment for not

more than three years or a fine not exceeding 30 million won.


Article 162 (Offense against Non-Indication, etc.)

Any owner, etc. who uses an aircraft for aviation without any indication as prescribed in

Article 39 or with false indication, shall be punished by imprisonment for not more than

one year or a fine not exceeding twenty million won.


Article 163 (Offense of Failure to Keep Aircrew, etc. on Board)

(1) Any owner, etc. who has a person disqualified as an airman get on an aircraft, or

fails to have the aircrew who are liable to be on board the aircraft under this Act

get on it, shall be punished by imprisonment for not more than one year or a fine


(2) Any person who violates the provisions of Articles 40, 41, 43, 44, 59 (1) or 146

shall be punished by a fine not exceeding twenty million won.


Article 164 (Offense Committed by Unqualified Air Service Renderers, etc.)

Any person falling under any of the following subparagraphs shall be punished by

imprisonment for not more than 2 years or by a fine not exceeding 10 million won:

1. Person who has rendered air services without obtaining a qualification certificate

therefor in violation of Article 25;

2. Person who has rendered air services as an airman (including any person who

practices his flying) in violation of an order given to suspend rendering his

services provided for in Article 33 or in violation of the scope of the services as

shown in the attached Table;

3. Person who has been engaged in a business falling under any subparagraph of

Article 34-2 (1) without obtaining the certification of spoken aviation English

proficiency in violation of Article 34-2;

4. Airman (including any person who practices his flying) or any cabin crew who has

drunk or used alcohol beverages, etc. in violation of Article 47 (2); and

5. Person who has refused to take the measurement that is required by the Minister of

Land, Transport and Maritime Affairs in violation of Article 47 (3).


Article 165 (Offense against Disqualified Instrument Flight, etc.)

Any person who violates the provisions of Articles 34 (1) or (2), 45, 82 (1) (including

the case where it is applicable mutatis mutandis in Article 111) and 85 (including the

case where it is applicable mutatis mutandis in Article 111), shall be punished by a fine



Article 165-2 (Offense Committed by Operating in Reduced Vertical Separation

Minimum Airspace, etc. Without Approval)

Any owner, etc. who has had his aircraft operated in the reduced vertical separation

airspace or the required navigation performance airspace without obtaining approval

therefor from the Minister of Land, Transport and Maritime Affairs in violation of

Article 69-3 shall be punished by a fine not exceeding 10 million won.


Article 166 (Offense against Interference with Exercise of Right by Pilot-in-

Command, etc.)

(1) Any pilot-in-command or pilot who makes any person board aircraft render any

unobligatory service, or interferes with the exercise of any right, abusing his

official authority, shall be punished by imprisonment for not less than one year but

not more than ten years.

(2) Any pilot-in-command or pilot who commits by violence the offense as referred to

in paragraph (1), shall be punished by imprisonment for a limited term of not less

than three years.


Article 167 (Offense against Deserting Aircraft by Pilot-in-Command)

Any pilot-in-command (including any person who acts for the pilot-in-command) who

deserts the aircraft in contravention of the provisions of Article 50 (4) shall be punished

by imprisonment for not more than five years.


Article 168 (Offense of Violation of Report Duty, etc. by Pilot-in-Command)

Any person falling under any of the following subparagraphs shall be punished by a fine

not exceeding five million won:

1. A person who fails to report on an aircraft accident or incident or other aircraft

failure, etc. in violation of the provisions of Article 50 (5) or (6);

2. A person who files a false report in violation of the provisions of Article 50 (5) or

(6); and

3. A person who allows any aircraft to take off or alters any flight schedule without

obtaining approval pursuant to the provisions of Article 52 (2).


Article 169 (Offense Pertaining to Duties of Flight Crew, etc.)

(1) Any flight crew falling under any of the following subparagraphs shall be punished

by a fine not exceeding five million won:

1. A person who violates the provisions of Article 38-2, 53 through 55, or 144 (1)

and (2);

2. A person who fails to follow instructions under the provisions of Article 70;

3. A person who fails to follow a request for landing under the provisions of

Article 144 (4).

(2) If any flight crew other than the pilot-in-command commits the offense as referred

to in paragraph (1), the pilot-in-command shall also be punished by the penalty as

referred to in paragraph (1) in addition to the offender.


Article 170 (Offense against Illegal Use of Airfield)


not exceeding twenty million won:

1. A person who installs an airfield without obtaining permission in contravention

of the provisions of Article 75 (2);

2. A person who uses an airfield without undergoing any inspection under the


3. A person who uses an airfield, the permission of which has been revoked under

the provisions of Article 81.


Article 171 (Offense against Installation of Navigation Safety Facilities, etc.

without Permission)

Any person who installs navigation safety facilities without obtaining any permission in

contravention of Article 75 (2) shall be punished by a fine not exceeding ten million

won.


Article 172 (Offense against Illegal Use of Ultra Light Flying Device)

(1) Any person who has made a flight using ultra light flying device without filing a

report, report for alteration or report for transfer shall be punished by

imprisonment for not more than 6 months or a fine not exceeding 5 million won.

(2) Any person who has made a flight using ultra light flying device without approval

in the aerial zone published by the Minister of Land, Transport and Maritime

Affairs wherein any flight of ultra light flying device is limited shall be punished

by a fine not exceeding 2 million won.

(3) Any person who has made a flight using ultra light flying device without obtaining

a certificate to the effect that he is compatible with the qualification criteria under

Article 23 (3), a flight for profit-making by having others ride on an ultra light

flying device which has failed to obtain a safety certificate to the effect that it is

compatible with the technological criteria for flight safety under Article 23 (4),

shall be punished by imprisonment for not more than one year or a fine not

exceeding ten million won.


Article 172-2 (Offense against Illegal Use of Light Aircraft)

(1) Any person who has made a flight using a light aircraft or had another person make

a flight without obtaining a safety certification under Article 24 (2) shall be

punished by imprisonment for not more than one year or a fine not exceeding ten

million won.

(2) Any person who has used a light aircraft for profit-making purposes in violation of

Article 24 (6) shall be punished by imprisonment for not more than one year or a

fine not exceeding ten million won.

(3) Any person who has made a flight using a light aircraft in prohibited airspace in

violation of Article 38-2 (2), which is applicable mutatis mutandis in Article 24 (8),

shall be punished by a fine not exceeding 3 million won.

(4) Any person who has used a light aircraft or any owner of a light aircraft without

the registration number or with the false registration number in violation of Article

39 (1), which is applicable mutatis mutandis in Article 24 (8), shall be punished by

imprisonment for not more than 6 months or a fine not exceeding 5 million won.

(5) Any person who has made a flight using a light aircraft without certification of

qualification for pilot under Article 26 in violation of Article 25 (1) shall be

punished by imprisonment for not more than 6 months or a fine not exceeding 5

million won.

(6) Any person who has used a light aircraft or any owner of a light aircraft without

installing and operating wireless apparatus under Article 40-2 shall be punished by

a fine not exceeding 5 million won.


Article 173 (Offense against Violation of Order, etc.)

Any person who falls under any of the following subparagraphs, shall be punished by

imprisonment for not more than one year, or a fine not exceeding ten million won:

1. A person who interferes with or refuses any act of the project operator as

prescribed in Article 97 (1) without any justifiable reason; and

2. A person who violates any order or disposition of the Minister of Land,

Transport and Maritime Affairs under the provisions of Article 110 (1).


Article 174 (Offense against Activities of Air Transportation Businessman)

(1) Any person who operates an air transportation business or aircraft using business

without any license, permission or registration as prescribed in Article 112, 132 (1),

134 (1) or 147 (1), shall be punished by imprisonment for not more than three

years, or a fine not exceeding one hundred million won.

(2) Any person who operates an air transportation general agent business, aircraft-

handling business, commercial documents delivery business and city air terminal

business without registering his business, or filing a report under the provisions of

Article 137 or 139, shall be punished by imprisonment for not more than one year,

or a fine not exceeding thirty million won.

(3) Any air transportation agent businessman, aircraft-using businessman, or aircraft-

handling businessman who violates the provisions of Article 123 (including the

case where it is applicable mutatis mutandis in Article 132 (3), 134 (3) or 142 (1)

and (2)), shall be punished by imprisonment for not more than one year or a fine

not exceeding thirty million won.

(4) Any foreign international air transportation businessman who violates any

restriction on the frequency of operation or the types of aircraft as prescribed in the

latter part of Article 147 (1), shall be punished by a fine not exceeding thirty

million won.

(5) Any person who conducts a commercial transport as prescribed in Article 148

without obtaining any permission as prescribed in the same Article, or person who

conducts an onerous transport in contravention of the provisions of Article 149,

shall be punished by a fine not exceeding thirty million won.


Article 175 (Offense against Certificate for Operation of Air Transportation

Businessman)

Any person falling under one of the following subparagraphs shall be punished by

imprisonment for not more than 3 years or a fine not exceeding thirty million won:

1. A domestic or international air transportation businessman, irregular air

transportation businessman or aircraft-using businessman who has commenced

an operation without obtaining a certificate for operation under Article 115-2 (1)

(including the case where it is applicable mutatis mutandis in Article 132 (3) or

134 (3)); and

2. A person who has maintained aircraft, etc., equipment or parts without obtaining

the maintenance organization certification in violation of Article 138.


Article 176 (Offense pertaining to Foreign International Air Transportation

Businessman)

If a foreign international air transportation businessman falls under any of the following

subparagraphs, he shall be punished by a fine not exceeding ten million won:

1. Where he operate the aircraft without loading the documents of subparagraphs

under the same paragraph in violation of Article 147-2 (1);

2. Where he violates an order to suspend the business as prescribed in Article 150;

3. Where he receives fare or rate without obtaining any authorization or filing a

report under the provisions of Article 117 (1) which is applied mutatis mutandis

in Article 152;

4. Where he modifies the business plan without obtaining any authorization as

prescribed in Article 120 (2) which is applied mutatis mutandis in Article 152;

5. Where he executes an agreement with respect to transportation without obtaining

authorization or filing a report under the provisions of Article 121 which is

applied mutatis mutandis in Article 152; and

6. Where he violates an order of business improvement issued under Article 122

which is applied mutatis mutandis in Article 152.


Article 177 (Offense against Activities, etc. of Air Transportation Businessman)

(1) If a domestic or international air transportation businessman, irregular air

transportation businessman or aircraft-using businessman falls under any of the

following subparagraphs, he shall be punished by a fine not exceeding ten million

won:

1. Where he operates or maintains the aircraft without observing the operational

rules or maintenance rules as prescribed in Article 116 (including the case where

it is applicable mutatis mutandis in Article 132 (4) or 134 (3));

2. Where he receives a fare or rate without obtaining the authorization or making

the report under the provisions of Article 117;

3. Where he violates the provisions of Article 120 (1), or determines or alters the

business plan without obtaining any authorization as prescribed in paragraph (2)

of the same Article (including the case where it is applicable mutatis mutandis in

Article 132 (4) or 134 (3));

4. Where he executes a transportation agreement or alliance agreement without

obtaining the authorization or without filing a report under the provisions of

Article 121 (including the case where it is applicable mutatis mutandis in Article

132 (3));

5. Where he violates an order to improve the business as prescribed in Article 122


134 (3));

6. Where he suspends or discontinues the business in contravention of the

provisions of Article 127 (including the case where it is applicable mutatis

mutandis in Article 132 (4)) or 128;

7. Where he violates an order to suspend the business as prescribed in Article 129


134 (3)); and

8. Where he operates any two-engine aircraft without obtaining approval therefor in

violation of Article 69-2.

(2) If an aircraft-handling businessman violates the provisions of Article 122 which is

applicable mutatis mutandis in Article 142, he shall be punished by a fine not

exceeding ten million won.

(3) If an air transportation general agent businessman, a commercial documents

delivery businessman or a city air terminal businessman violates the provisions of

subparagraph 1 of Article 122 which is applied mutatis mutandis in Article 142 (3),

he shall be punished by a fine not exceeding ten million won.


Article 178 (Offense against Refusal, etc. of Inspection)

Any person who refuses, interferes with, or evades the inspection or entry as prescribed

in Article 80 (2) and (3), 111-4 (1), or 153 (2) through (4), shall be punished by a fine

not exceeding five million won.


Article 178-2 Deleted. <by Act No. 7691, Nov. 8, 2005>

Article 179 (Joint Penal Provisions)

If a representative of a juristic person or an agent, employee or other employed person

of a juristic person or individual violates the provisions of Articles 162, 163, 165, and

170 through 172 and 170-2, and 173 through 178 in connection with activities of the

juristic person or individual, the fine as prescribed in the respective Articles shall also

be imposed on the juristic person or individual in addition to the punishment of the

offender. Provided, The same shall not apply to the case where the individual or the

juristic person has not neglected the duty of considerable cares to the management and

supervision of airport employees in order to prevent such violation.



Article 181 (Special Cases in Application of Penal Provisions)

In application of the penal provisions of Articles 174 (excluding paragraphs (1) and (3))

through 178, the public action may be instituted only by an accusation of the Minister of

Land, Transport and Maritime Affairs with respect to any act on which a penalty may be

imposed under the provisions of Article 115-4 and 131 (including cases where it is

applicable mutatis mutandis in Articles 132 (3), 134 (3), 142 and 150 (2)), and no fine

for negligence may be imposed on any act on which the penalty has already been

imposed.


Article 182 (Fine for Negligence)

Any person who falls under any of the following subparagraphs, shall be punished by a

fine for negligence not exceeding five million won:

1. Any person who has made a flight without obtaining a safety certificate to the

effect that he is compatible with the technological criteria for flight safety of an

ultra light flying device, in contravention of Article 23 (4);

2. Any person who has made a flight using an ultra light flying device without taking

out an insurance policy, in contravention of Article 23 (5);

3. Any person who has made a flight using a light aircraft without taking out an

insurance policy, in contravention of Article 24 (4);

4. Any person other than regular air transportation businesses who operates an

aircraft without having a flight dispatcher in contravention of Article 52 (1);

5. Any person other than regular air transportation businesses who has a flight

dispatcher without conducting training necessary for performing duties of flight

dispatchers in contravention of Article 52 (1);

6. Any person without complying with the procedures and methods for the handling

of dangerous goods under the provisions of Article 59 (2);

7. Any person who has sold packages and containers which failed to undergo

inspection under the provisions of Article 60 (1);

8. Any person who has handled dangerous goods without completing education

required for the handling of dangerous goods in contravention of Article 61 (1);

9. Any person who has failed to file a report on rental fees of an airfield or

navigation safety facilities under the provisions of Article 86 (3), or who collects

rental fees different from reported ones;

10. Any person who refuses to comply with any order given by a manager of airport

facilities under Article 106-2 (2);

11. Any airport operator who has altered the airport operation rules without obtaining

an authorization, in contravention of the main sentence of Article 111-3 (1);

12. Any airport operator who has failed to alter the airport operation rules, in


13. Any airport operator who has failed to continuously maintain a safe airport

operation system pursuant to the criteria for safe operation of airport and the

airport operation rules, in contravention of Article 111-4 (1);

14. Any person who has failed to keep the fare table, etc. as prescribed in Article 119


142), or who keeps false matters;

15. Any person who discontinues the business without obtaining any approval for the

discontinuance of the business as prescribed in Article 128 (1) (including the case

where it is applicable mutatis mutandis in Article 132 (3), 134 (3) or 142), or who

has failed to make the report as prescribed in Article 127 (1) and (2) which are

applicable mutatis mutandis in Article 142, or who has made a false report;

16. A person who has failed to make a report, etc. as prescribed in Article 153 (1), or

has made a false report, etc.;

17. A person who has produced a false statement to a question as prescribed in Article

153 (2) or (4).

18. Any person who doesn’t comply with the suspension orders of operation and

business under Article 153 (9).


Article 182-2 (Fine for Negligence)

Any person who falls under any of the following subparagraphs, shall be punished by a

fine for negligence not exceeding 3 million won:

1. Any person who makes a flight without certification of qualification in


2. Any person who makes a flight using a light aircraft without approval under

Article 24 (1);

3. Any person who uses a aircraft for aviation without maintenance confirmation

under Article 24 (3); and

4. Any person who makes a flight using a light aircraft without complying with the

matters under Article 24 (5).


Article 183 (Fine for Negligence)


for negligence not exceeding two million won:

1. A person who fails to file an application for the alteration of registration or the

deletion of registration in violation of the provisions of Article 10 or 12 (1);

2. A person who uses an aircraft without attaching the registration symbol mark in

violation of the provisions of Article 14 (1);

3. A person who fails to obtain approval for airworthiness under the provisions of

Article 18;

4. A person who fails to file a report on an ultra light flying device under the


5. A person who operates an ultra light flying device without complying with the

matters to be observed in operating such device under the provisions of Article 23

(8);

6. A person who is not an airman and caused insignificant aviation safety accidents

under Article 49-4 (1) by making a serious mistake on purpose or by negligence.

7. A person who has not followed the order of the Minister of Land, Transport and

Maritime Affairs, which is to secure the safety of air traffic, in violation of Article

70 (5);

8. A person who fails to install or manage aviation obstacle lights and daytime

obstacle beacons under the provisions of Article 83 (1), (4) and (5) (including the

case where it is applicable mutatis mutandis in Article 111);

9. A person who violates orders given under the provisions of Article 84 (2)

(including the case where it is applicable mutatis mutandis in Article 111);

10. An airport operator who alters the airport operation rules without filing a report, in

contravention of the proviso of Article 111-3 (1);

11. Cabin crew who fail to comply with the provisions of safety services such as the

progress of emergency escape aboard the aircraft, etc. in violation of Article 116

(3) (including the case where it is applicable mutatis mutandis in Article 132 (3)).

12. A person who is in charge of passenger and freight transportation and fails to

comply with the provisions of safety services such as management of loading

cargo and baggage and management of aircraft weight and balance, etc. in

violation of Article 116 (3) (including the case where it is applicable mutatis

mutandis in Article 132 (3)).




for negligence not exceeding one million won:

1. A person who has not put the report number under Article 23 (1) or put a false

report number;

2. A person who made a flight without installing or carrying the device prescribed by

the Ordinance of the Ministry of Land, Transport and Maritime Affairs;

3. A person who made a flight without putting the mark of registration under Article

14, which is applicable mutatis mutandis in Article 24 (8).



Any person who hasn’t filed a report for alteration or cancellation under Article 10 or

12, which are applicable mutatis mutandis in Article 24 (8) shall be punished by a fine

for negligence not exceeding 500 thousand won.



Any person who hasn’t filed a report for alteration, transfer or cancellation of the ultra-

light aircraft under Article 23-2 shall be punished by a fine for negligence not exceeding

300 thousand won.


Article 184 (Procedure for Imposition and Collection of Fine for Negligence)

The fine for negligence as prescribed in Articles 182, 182-2, 183 and 183-2 through 4

shall be imposed and collected by the Minister of Land, Transport and Maritime Affairs



ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 1992.

Article 2 (Transitional Measures)

(1) Any person who was licensed for an aircraft-using business pursuant to the

previous provisions at the time when this Act enters into force, shall be considered to

have registered the aircraft-using business under the amended provisions of Article 134,

and a person who was licensed for an air transportation brokerage business shall be

considered to have registered the air transportation brokerage business under the

amended provisions of Article 139 (1).

(2) The skill certification which is given to an airman pursuant to the previous

provisions at the time when this Act enters into force, shall be considered to be the

certification of qualification as given under the amended provisions of Article 25.

(3) The fare and rate of passenger or freight on the domestic air route authorized

pursuant to the previous provisions at the time when this Act enters into force shall be

considered as such fare and rate as reported under the amended provisions of Article

117 (2).

(4) The fare and rate of the irregular air transportation business authorized pursuant

to the previous provisions at the time when this Act enters into force shall be considered

as such fare and rate as reported under the amended provisions of Article 133.

(5) Any administrative measures, such as license, approval, permission, report,

authorization, etc., taken pursuant to the previous provisions at the time when this Act

enters into force shall be considered to have been taken under this Act.

Article 3 Omitted.

ADDENDA <Act No. 4533, Dec. 8, 1992>


This Act shall enter into force six months after the date of its promulgation.

Articles 2 and 3 Omitted.


(1) (Enforcement Date) This Act shall enter into force six months after the date of its

promulgation.

(2) (Transitional Measures concerning Commercial Documents Delivery Business)

Any person who has the commercial documents delivery business registered pursuant to

the previous provisions at the time when this Act enters into force, shall be considered

as a person who has reported the commercial documents delivery business according to

the amended provisions of Article 139.



This Act shall enter into force on January 1, 1998. (Proviso Omitted.)

Article 2 Omitted.

ADDENDUM <Act No. 5454, Dec. 13, 1997>

This Act shall enter into force on January 1, 1998. (Proviso Omitted.)

ADDENDA <Act No. 5794, Feb. 5 1999>


This Act shall enter into force six months after the date of its promulgation: Provided,

That the amended provisions of Article 132 shall enter into force on January 1, 2001.

Article 2 (Transitional Measures concerning Conversion from Licensing System to

Registration System, etc.)

In case where a license, approval, authorization, or registration is obtained subject

to the previous provisions at the time when this Act enters into force and where the

enforcement of this Act converts the licensing system into the registration system or

converts the licensing, approval or registration system into the notification system, a

registration or a notification which is required by the new system subject to the

provision of this Act shall be deemed to have been obtained.

Article 3 (Transitional Measures concerning Cockpit Crew's Physical Examination

Certification)

In case where a cockpit crew's physical examination certification is obtained

subject to the previous provisions at the time when this Act enters into force, a cockpit

crew's physical examination certification subject to the amended provisions of Article

31 shall be deemed to have been obtained.

Article 4 (Transitional Measures concerning Instrument Flight Certification)

In case where a qualification certification for an airline transport pilot of a

rotorcraft is obtained subject to the previous provisions at the time when this Act enters

into force, an instrument flight certification subject to the amended provisions of Article

34 (1) shall be deemed to have been obtained.

Article 5 (Transitional Measures concerning Work Scope of Airmen)

In case where a qualification certification for a commercial pilot is obtained subject

to the previous provisions at the time when this Act enters into force, the commercial

pilot, notwithstanding the amended provisions of the annex table, may perform the

activities defined in subparagraph 4 of the old annex table.

Article 6 (Transitional Measures concerning Penalties and Fines)

The penalties and fines with respect to the conduct prior to the enforcement of this

Act shall be determined by the application of the old provisions.

Article 7 Omitted.

ADDENDA <Act No. 5893, Feb. 8, 1999>



Articles 2 through 6 Omitted.









ADDENDA <Act No. 5963, Apr. 15, 1999>

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation:

Provided, That the amended provisions of Articles 59 (1), 72, subparagraph 3 of Article

81, subparagraph 2 of Article 168 and subparagraph 1 of Article 169 (1) shall enter into

force on August 6, 1999.

(2) (Transitional Measures concerning Penal Provisions, etc.) The application of the

penal provisions and the fine for negligence to any acts performed prior to the

enforcement of this Act shall be dealt with according to the previous provisions.



This Act shall enter into force on January 1, 2001.



(1) (Enforcement Date) This Act shall enter into force three months after the date of

its promulgation.

(2) (Transitional Measures concerning Penalty) The imposition and collection of any

penalty against any act performed prior to the enforcement of this Act shall be dealt

with according to the previous provisions.



This Act shall enter into force three months after the date of its promulgation.


ADDENDA <Act No. 6513, Sep. 12, 2001>


This Act shall enter into force on the date of its promulgation: Provided, That the

amended provisions of Articles 152-2 through 152-17, 175, 178-2 and 182 shall enter

into force two months after the date of its promulgation.

Article 2 (Transitional Measures for Pilots' Operational Qualifications)

A person engaged as a pilot of an aircraft used for air transportation business at the

time of enforcement of this Act shall be deemed to have obtained an accreditation under


Article 3 (Transitional Measures for Certificate for Operation and Approval for

Maintenance Systems)

An air transportation businessman at the time of enforcement of this Act shall

obtain a certificate for operation of air transportation business and an approval for

maintenance systems under the amended provisions of Articles 115-2 and 115-3 within

2 months from the enforcement date of this Act.

Article 4 (Transitional Measures for Penal Provisions)

In applying the penal provisions to any acts committed before the enforcement of

this Act, the previous provisions shall govern.

Article 5 (Transitional Measures for Accident Investigations, etc.)

With regard to the matters for which an accident investigation is in progress under

the previous provisions at the time of enforcement of this Act, the previous provisions

shall govern.









ADDENDA <Act No. 6734, Aug. 26, 2002>


its promulgation. (Proviso Omitted.)

(2) and (3) Omitted.



This Act shall enter into force nine months after the date of its promulgation.


ADDENDA <Act No. 6944, Jul. 25, 2003>


its promulgation: Provided, That the amendments to Articles 23 (2) through (7), 172 and

subparagraphs 1 through 1-3 of 182 shall enter into force six months after the date of its

promulgation.

(2) (Transitional Measures for Certificate of Airport Operation) An airport operator

who is operating an airport at the time of enforcement of this Act shall obtain a

certificate of airport operation under the amendment to Article 111-2 within one month

from the enforcement date of this Act.




Article 2 (Transitional Measures concerning Certification of Manufacture)

Any person who obtains the certification of quality warranty system under the

previous provisions at the time of enforcement of this Act shall be deemed to obtain the

certification of manufacture pursuant to the amended provisions of Article 17-3.

Article 3 (Transitional Measures concerning Approval for Repair and Modification)

Any aircraft, etc. that pass the repair and modification test under the previous

provisions at the time of enforcement of this Act shall be deemed to obtain the approval

for repair and modification pursuant to the amended provisions of Article 19.

Article 4 (Transitional Measures concerning Approval of Type for Technical-Standard

Goods)

(1) The technical-standard goods that are granted the certificate of spare parts at the

time of enforcement of this Act shall be deemed to be granted the approval of type

pursuant to the amended provisions of Article 20.

(2) The technical-standard goods installed in the aircraft, etc. that are granted the

certification of type pursuant to the previous provisions of Article 17 or the approval for

the certification of type pursuant to the previous provisions of Article 17-2 at the time of

enforcement of this Act shall be deemed to be granted the approval of type pursuant to


Article 5 (Transitional Measures concerning Designation of Specialized Educational

Institution)

Any specialized educational institution that is designated by the Minister of

Construction and Transportation at the time of enforcement of this Act shall be deemed

to be designated pursuant to the amended provisions of Article 29-3.

Article 6 (Transitional Measures concerning Maintenance Organization Certification)

(1) Any person who maintains the aircraft after having his aircraft handling

business registered pursuant to the previous provisions at the time of enforcement of

this Act shall obtain a maintenance organization certification provided for in the

amended provisions of Article 138 (1) within 3 months from the date of enforcement of

this Act.

(2) Any air transportation business operator who obtains the approval for his

maintenance organization pursuant to the previous provisions at the time of enforcement

of this Act shall be deemed to obtain a maintenance organization certification provided

for in the amended provisions of Article 138 (2).

ADDENDA <Act No. 7428, Mar. 31, 2005>


This Act shall enter into force one year after the date of its promulgation.


ADDENDA <Act No. 7678, Aug. 4, 2005>


This Act shall enter into force one year after the date of its promulgation.


ADDENDA <Act No. 7691, Nov. 8, 2005>


This Act shall enter into force eight months after the date of its promulgation:

Provided, That the amended provisions of Article 153 (6) through (9) shall take effect

immediately after their promulgation, and the amended provisions of Article 2-4 on

January 1, 2008.

Article 2 (Applicable Special Cases concerning Certification of Airworthiness of

Aircraft Owned by State Agencies, etc.)

The provisions of Article 15 applicable to the aircraft owned by state agencies, etc.

pursuant to the amended provisions of Article 2-4 shall apply starting with January 1,

2010, notwithstanding the proviso of Article 1 of the Addenda.

Article 3 (Transitional Measures concerning Airmen Engaged in Business of Operating

Aircraft Owned by State Agencies, etc.)

(1) Airmen who are engaged in the business of operating or maintaining the aircraft

owned by state agencies, etc. as of January 1, 2008, shall be subject to the limitation on

certification of qualification under Article 28 not later than December 31, 2008.

(2) Airmen who are subject to the limitation on certification of qualification under

paragraph (1) shall be exempted from the examination or test referred to in Article 29

(2).

Article 4 (Transitional Measures concerning Certification of Aircrew's Physical

Examination)

Any person who has obtained a certification of aircrew's physical examination

pursuant to the previous provisions at the time of entry into force of this Act shall be

deemed to have obtained a certification of aviation physical examination under the

amended provisions of Article 31.

Article 5 (Transitional Measures concerning Specialized Doctors for Aviation Physical

Examination)

Any person who is designated as a specialized doctor for aviation physical

examination pursuant to the previous provisions at the time of entry into force of this

Act shall be deemed to be designated as a specialized doctor for aviation under the

amended provisions of Article 31-2.

Article 6 (Transitional Measures concerning Certification of Spoken Aviation English

Proficiency)

(1) Any person who meets the requirements set by the Ordinance of the Ministry of

Construction and Transportation at the time of entry into force of this Act shall be

deemed to have passed the examination for the certification of spoken aviation English

proficiency under the amended provisions of Article 34-2.

(2) Any person who obtains the certification of qualification under subparagraphs 1

through 3 and 6 of Article 26 or meets the qualification necessary for engaging in the

business stipulated in the amended provisions of Article 34-2 (1) 3 pursuant to the

National Technical Qualifications Act and other related Acts and subordinate statutes, at

the time of entry into force of this Act, shall be entitled to engage in the business falling

under any subparagraph of Article 34-2 (1) until March 4, 2008, even without the

certification of spoken aviation English proficiency.

Article 7 (Transitional Measures concerning Formulation and Implementation of Safety

Management Plan for Air Traffic Business)

The Minister of Construction and Transportation shall formulate the safety

management plan for air traffic business under the amended provisions of Article 70-2

within two years after this Act enters into force.

Article 8 (Transitional Measures concerning Permission for Installation of Airfields, etc.

for Take-Off and Landing of Aircraft Owned by State Agencies, etc.)

The airfields and navigation safety facilities installed for take-off and landing of

aircraft owned by state agencies, etc. as of January 1, 2008 shall be deemed to be

installed with permission referred to in Article 75 (2) as of January 1, 2008.

Article 9 (Transitional Measures concerning Penal Provisions, etc.)

In applying the penal provisions and the fines for negligence to any acts committed

before the enforcement of this Act, the previous provisions shall govern.

Article 10 Omitted.




(Proviso Omitted.)





Article 2 Omitted.





ADDENDA <Act No. 8014, Sep. 27, 2006>

Article 1 (Enforcement Date) This Act shall take effect after one year from the

promulgation date.

Article 2 through 11 Omitted


(1) (Enforcement Date) This Act shall take effect after 6 months from the

promulgation date.

(2) (Transitional Measures on the Submission of Support Plan for Aircraft accidents

by existing regular air transport businesses) Regular air transport businesses,

irregular air transport businesses and foreign international air transport business

shall submit support plan for aircraft accidents under Article 49-2, 132 (4) and 152

within 6 months from the promulgation date of this Act to the Minister of

Construction and Transportation.


Article 1 (Enforcement Date) This Act shall take effect one year after the promulgation

date of this Act.


ADDEDNA <Act No. 8352, Apr.11, 2007>

Article 1 (Enforcement Date) This Act shall take effect from the promulgation date.


ADDENDA <Act No. 8370, Apr.11, 2007>




Article 1 (Enforcement Date) This Act shall take effect after 6 months from the

promulgation date. Provided, That revised provisions of Article 150 (1) 18 shall take

effect from the promulgation date.

Article 2 (Applicable Special Cases on Partial Exemption of Inspection for Certification

of Airworthiness) Revised provisions of Article 15 (5) 5 shall apply starting from the

first aircraft which obtained airworthiness certification for export from the foreign

government after the enforcement of this Decree.

Article 3 (Applicable Special Cases on Confirmation for Equipment and Parts’

Maintenance) Revised provisions of Article 22 shall apply starting from the equipment

and parts used for aircraft for the first time after the enforcement of this Decree.

Article 4 (Applicable Special Cases on Persons who caused Aircraft Safety Obstacle by

Intention or by Grave Mistake) Revised provisions of Article 33 (1) 20 and 50-2 (4)

shall apply starting from the first person who caused aviation safety obstacle.

Article 5 (Applicable Special Cases on the certification of spoken aviation English

proficiency) Revised provisions of Article 34-2 (5) shall apply starting from the first the

certification of spoken aviation English proficiency issued from the foreign government

after Jul. 9, 2006.

Article 6 (Applicable Special Cases on Designation Cancellation on Package and

Container Inspection Institutions) Provisos of Articles 60 (5), 60 (5) 1 and 61 (5) and

revised provisions of Article 61 (5) 1 shall apply starting from the institution which was

designated by false or unlawful means after the enforcement of this Act.

Article 7 (Applicable Special Cases on Cancellation of Permission for Airport

Development Project) Revised provisions of proviso of Article 110 (1) shall apply

starting from the first case after the enforcement of this Act.

Article 8 (Applicable Special Cases on Cancellation of Certification of Operations of

the Air Transportation Business) Revised provisions of Articles 115-3, 4, 129 (1), 131

(1), 154-2 11 and 181 shall apply starting from the first violation after the enforcement

of this Act.

Article 9 (Transitional Measures on Master Plan on Air Transport Policy) After this Act

takes effect, the first master plan on air transport policy shall be established by Dec. 31,

2009, notwithstanding revised provisions of Article 2-5 and ADDENDA Article 1.

Article 10 (Transitional Measures on Aviation Safety Program, etc.)

(1) The Minister of Land, Transport and Maritime Affairs shall establish and publish

an aviation safety program under revised provisions of Article 49 (1) three months

before this Act takes effect.

(2) Notwithstanding Article 49 (2), any person who starts air transport business

(including persons who start air transport business within 6 months from the

enforcement date of this Act) among persons falling under any of the items of

Article 49 (2) shall establish an aviation safety system under the revised

provisions of Article 49 (2), submit the system to the Minister of Land, Transport

and Maritime Affairs and apply for approval within 6 months from the

enforcement date of this Act.

Article 11 (Transitional Measures on Aircraft Maintenance Business)

Any person who made registration for aircraft maintenance business under the previous

provisions before the enforcement of this Act shall be considered as have made

registration for aircraft maintenance business under revised provision of Article 137-2.

Article 12 (Transitional Measure on Penalty, etc.) The imposition of penalty or fines on

violated acts before the enforcement of this Act shall be provided in for the previous

provisions.

Article 13 (Revision of Other Acts) Omitted



promulgation date.




promulgation date.




Provided, That, …Omitted…, Revised provisions of ADDENDA Article 6, which were

promulgated before the enforcement date of this Act but haven’t reached the

enforcement date, shall take effect from the enforcement date of each Act respectively.



Article 7 Omitted








Article 1 (Enforcement Date) This Act shall take effect from Jan. 1, 2009.




Articles 2 and 3 Omitted

ADDENDA <Act No. 9780, Jun. 9, 2009>

Article 1 (Enforcement Date) This Act shall take effect 3 months after the enforcement

of this Act. Provided, That revised provisions of Article 23 (9) shall take effect 3 years

after its promulgation, and revised provisions of Articles 45, 51 (1) and 52 shall take

effect from Nov. 18, 2010.

Article 2 (Transitional Measure on Ultra Light Flying Devices) When an ultra light

flying device reported as an ultra light flying device under the previous provisions at the

time of enforcement of this Act is classified as a light aircraft under Article 2, 26, the

light aircraft may be operated as a ultra light flying device for 3 years after the

enforcement of this Act.

Article 3 (Transitional Measures on Certification of Qualification for Pilot for Ultra

Light Flying Devices) Any person who obtained certification of qualification for pilot

for ultra light flying devices under the previous Article 23 (3) shall be considered as

having obtained the certification under the revised provisions of Article 26, 5, and any

person who is registered as a trainer for pilot to the Korea Transportation Safety

Authority shall be considered as having received aircraft operation training under

revised provisions of Article 24, 8, which are applicable mutatis mutandis in Article 34

(2).

Article 4 (Transitional Measures on Certification of Qualification for Aircraft

Mechanic)

(1) A person who obtained certification of qualification for aircraft mechanic under

the previous provisions at the time of enforcement of this Act shall be considered

as having obtained certification of qualification for aircraft mechanic under the

revised provisions of Article 26, 9.

(2) A person who passed the examination on academic subjects and the practical test

under the previous provisions shall be considered as having passed the

examination on academic subjects and the practical test under the revised

provisions of Article 26, 9.

Article 5 (Transitional Measures on Regular Air Transport Business)

A person who obtained license for regular air transport business for each route under the

previous Article 112 (1), and made registration for unscheduled air transport business

under the previous Article 132 shall be considered as having obtained license for

domestic and international air transport businesses under revised provisions of Article

112 (1), permission for each route under revised provisions of Article 112 (2), and

permission for operation of unscheduled aircraft under Article 112 (4).

Article 6 (Transitional Measures on Unscheduled Air Transport Business)

(1) Among unscheduled air transport businesses which are registered under the

previous provisions, any unscheduled air transport business which has more than 5

billion won of financial basis and owns an aircraft or a rotor aircraft with more

than 20 seats for passengers shall be considered as having obtained license for

domestic air transport business under revised provisions of Article 112 (1).


previous provisions, any unscheduled air transport business which owns an

aircraft or a rotor aircraft with less than 20 seats for passengers shall be considered

as having made registration for irregular air transport business under revised



previous provisions, any unscheduled air transport business which does point to

point air transport business shall be considered as having obtained license for each

route under revised provisions of Article 112 (2).

Article 7 (Transitional Measures on Certification of Operation for Air Transport

Business) Any regular air transport business or any unscheduled air transport business

which obtained certification of operation under the previous provisions shall be

considered as having obtained certification of operation for domestic, international and

irregular air transport businesses under revised provisions of Articles 115-2 and 132 (3).

Article 8 (Transitional Measures on Distribution of Traffic Rights) The traffic rights

distributed to air transport businesses by the Minister of Land, Transport and Maritime

Affairs at the time of enforcement of this Act shall be considered as the traffic rights

distributed under revised provisions of Article 118.

Article 9 (Transitional Measures on Fly Over Right) Fly over right used by air transport

business at the time of enforcement of this Act shall be considered as the fly over right

distributed under revised provisions of Article 118-2.

Article 10 (Transitional Measures on Penalty and Fines) The previous provisions shall

apply to the violated acts before the enforcement of this Act.
