Aviation Act. [Enforcement Date, Sep. 10, 2009] Amended by Act No. 9780, Jun. 9, 2009

Transcription

1 The English version is translated and uploaded only for the purpose of no other than PR, and thereby, Aviation Act in the Korean language will prevail regarding authorization and permission 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. 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);

2 (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 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

3 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

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

5 in which: a) A person suffers death or serious injury or is missing; 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

6 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.

7 (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 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;

8 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 Minister of Land, Transport and Maritime Affairs. (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>

9 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)

10 (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, Transport and Maritime Affairs. 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

11 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

12 Ministry of Land, Transport and Maritime Affairs. (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 Ministry of Land, Transport and Maritime Affairs. (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

13 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, Transport and Maritime Affairs. (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 Land, Transport and Maritime Affairs. 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

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

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

16 (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 technicalstandard goods with the Republic of Korea and other technical-standard goods as prescribed by the Ordinance of the Ministry of Land, Transport and Maritime 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

17 manufacture the equipment or parts in conformity with the technical standards (hereinafter referred to as the "certification of parts, etc. manufacturer") 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 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

18 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. (3) 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., 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 Minister of Land, Transport and Maritime Affairs. (4) 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., 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, Transport and Maritime Affairs. (5) 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. which flies for profit-making purposes, shall take out an insurance policy as designated by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. (6) The Minister of Land, Transport and Maritime Affairs may designate as a specialized educational institution the institution which satisfies the standards for manpower and facilities, etc. as designated by the Ordinance of the Ministry of

19 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 prescribed by the Ordinance of the Ministry of Land, Transport and Maritime 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. <This Article newly inserted by Act No. 9780, Jun. 9, 2009> Article 24 (Light Aircraft, etc.) (1) Any person who intends to make a flight using a light aircraft shall establish a

20 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, Transport and Maritime Affairs. (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 prescribed by the Ordinance of the Ministry of Land, Transport and Maritime 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 the Ministry of Land, Transport and Maritime Affairs. (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 conditions as prescribed by the Ordinance of the Ministry of Land, Transport and 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. <This Article newly inserted by Act No. 9780, Jun. 9, 2009> 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