Ministerial Regulation of The Aviation Act (KOR)
Ministerial Regulation of The Aviation Act (KOR)
Ministerial Regulation of The Aviation Act (KOR)
Article 1 (Purpose)
This Ministerial Regulations of the Aviation Act is to prescribe matters delegated by the Aviation Act (hereinafter referred to as "Act") and the Presidential Decree, and matters necessary to implement accordingly. <Amended as of
Jul. 1, 2005>
Article 2 (Glider)
The glider, prescribed in subparagraph 1, Article 2 of the Aviation Act, is classified as follows, and is to be defined in the Airworthiness Standards, specified by the provisions of paragraph (5), Article 15 of the Aviation Act
1.Special glider
2.Upper class glider
3.Middle class glider
4.Primary class glider
(2) When the death or whereabouts of a person onboard the aircraft is not clearly known for a year after a crash or other aircraft accident, he/she shall be considered missing as stipulated in item (a), subparagraph 11, Article 2 of t
he Act
(3) The application criteria for the death or serious injury of a person as stipulated in item (a), subparagraph 25-2, Article 2 of the Act are as follows:
1. When a person onboard an Ultra Light Vehicle dies or sustains a serious injury: Provided, that this shall not apply when the death or injury is due to natural causes, self-inflicted, of caused by another person
2. When the death or injury is caused or inflicted by a part detached from an Ultra Light Vehicle or direct contact with any part of the Ultra Light Vehicle during Flying or preflight
[Wholly Amended as of Aug. 18, 2006]
(2) For the purpose of item (a), subparagraph 11 and item (a), subparagraph 25-2, Article 2 of the Act, the scope of serious injury as described includes an injury which is sustained by a person in an accident and which:
1. requires hospitalization for more than 48 hours, commencing within seven days from the date the injury was received; or
2. results in a fracture of any bone (except simple fractures of fingers, toes or nose); or
3. involves lacerations which cause severe hemorrhage, nerve, muscle or tendon damage; or
4. involves second or third degree burns, or any burns affecting more than 5 per cent of the body surface; or
5. involves injury to any internal organ; or
6. involves verified exposure to infectious substances or injurious radiation.
[Wholly Amended as of Aug. 18, 2006]
Article 7 (Scope of Serious Damage to Aircraft) For the purpose of item (b), subparagraph 11, Article 2 of the Act, the term "serious impairment or damage of aircraft or structural failure "pertains to any of the foll
owing which:
1. Adversely affects the structural strength, performance or flight characteristics of the aircraft, and
2. Would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to the engine, its cowlings or accessories; or for damage limited to propellers,
wing tips, antennas, tires, brakes, fairings, small dents or puncture holes in the aircraft skin
[Wholly Amended as of Aug. 18, 2006]
Article 12 Deleted
CHAPTER II AIRCRAFT
(2) Nationality Mark and Registration Mark (hereinafter referred to as the registration sign) and name of the owner, etc. shall be identified on the plate in paragraph (1).
(2) The application for a certificate of airworthiness according to paragraph 1 of this Article for domestically manufactured aircraft shall be submitted in early stages of the aircraft type design process or before the commencement o
f the aircraft manufacturing process.
(3) Aircraft Flight Manual, which should be included in the application documents for a certificate of airworthiness, according to paragraph (1) of this Article, shall contain the following items, except when the Administrator of the Re
gional Aviation Administration determines that certain items are not necessary for a particular category, class, type, and purpose of aircraft. <Amended as of Nov. 30, 1994, Jul. 14, 1995, and Sept. 30, 2002>
1. For aircraft
(a) Registration number of aircraft
(b) Category, class, and type of aircraft
(c) Type and number of engines and propellers
(d) Configuration and a 3-view drawing of the aircraft
(e) Name or title, address, and nationality of the manufacturer
(f) Manufactured serial number and date of the aircraft
(g) Category of the aircraft based on Airworthiness Standards
(h) Self-weight and center of gravity location of the aircraft
(i) Name, weight, and center of gravity location of equipment
(j) Capacities and center of gravity location of fuel tank, oil tank and anti-icing liquid reservoirs
(k) Definition of terms, units conversion table, and the drawings applicable to the Flight Manual
2. For operating limitations of the aircraft:
(a) Loading limitations (maximum takeoff and landing weights, maximum zero fuel weight, center of gravity forward and aft limits, and allowable loading limitations according to strength of the cabin floor)
(b) Airspeed limitations (allowable maximum operating airspeed or never exceed airspeed, flap control airspeed, flap extension airspeed, landing gear control airspeed, landing gear extension airspeed, and auto-pilot airspeed lim
itation)
(c) Altitude limitation (maximum approved operating altitude at which the aircraft may fly safely)
(d) Auto-rotating during maximum landing altitude (maximum altitude at which the rotorcraft may safely land via auto-rotation)
(e) Operation limitations of powerplant (i.e., operation limitations regarding crankshaft RPM, manifold air pressure, oil temperature at powerplant inlet, cylinder head temperature, coolant temperature at powerplant outlet, takeoff p
ower operation time, cylinder temperature, fuel grade, fuel pressure, lubricant grade, and lubricant pressure, etc during the takeoff power operation, maximum continuous power operation, and maximum power operation at lean fu
el mixture)
(f) Maximum RPM of rotor blade
(g) Air temperature limitation at which engine can effectively operate
(h) Cross wind velocity limitations at takeoff and landing
(i) Water condition limitations (wind velocity limitation during taxi, takeoff, or landing of seaplane on water surface including operating limitations concerning water surface conditions)
(j) Occupant limitation (maximum number of persons that can be boarded on aircraft)
(k) Flight maneuvering limitation (prohibiting flight maneuvering of the aircraft)
(l) Towing method (operation limitation for towing method by which a glider may be safely towed)
(m) Operation limitation for equipment (operation limitation for use of component or other specific equipment of aircraft)
(n) Other operation limitations (restrictions concerning takeoff and landing distance limitations; limit load factor limitations; electrical system operation limitations; autopilot limitations; limitations of instruments, flight controls, and ot
her equipments; smoking prohibited area; and locations for dangerous goods, etc.)
3. For the performance of the aircraft:
(a) Relationship between takeoff operation and takeoff airspeed
(b) Relationship between takeoff weight, altitude, and air temperature at the takeoff location
(c) Takeoff climb angle
(d) Takeoff distance
(e) Actual takeoff climb flight path
(f) Cruise performance
(g) Relationship between landing operation and landing airspeed
(h) Relationship between landing weight, altitude, and air temperature at the landing location
(i) Balked landing operation and/or condition
(j) Landing distance
(k) Stall performance
(l) Other performance limitations necessary for handling and controlling the aircraft
4. For operating procedures during normal operations
5. For operating procedures during emergencies
(2) Any person who wishes to operate an aircraft without a certificate of airworthiness as specified in paragraph (1), shall submit an application for test flight (Form 1-2) to the Head of the Civil Aviation Safety Authority or the Admini
strator of the Regional Aviation Administration with the following items completed: <Amended as of Nov. 30, 1994, Jul. 14, 1995, Sept. 30, 2002, and Aug. 18, 2006>
1. Name/title and address of owner, etc. of the aircraft
2. Category, class, type, and registration sign of the aircraft
3. Summary of flight plans (flight purpose, date, and route)
4. Pilots names and qualifications
5. Personal data and purpose of person other than pilots
6. Any other items related to the test flight
(2) When designating operating limitations of aircraft prescribed in paragraph (5), the Article 15 of the Act, the Administrator of the Regional Aviation Administration shall do so in accordance with the operating limitations of the aircr
aft as specified in subparagraph 2, paragraph (3), Article 18 of the Act according to the category of aircraft as determined by the Airworthiness Standards. <Amended as of Jul. 14, 1995, Dec. 17, 1999>
(3) When the Administrator of the Regional Aviation Administration designates operating limitations in accordance with paragraph (2), he/she shall issue the Operating Limitation Specification (Form 2) to the owner, etc. of aircraft.
<Amended as of Jul. 14, 1995, Dec. 17, 1999>
(2) When the validity period has been shortened or changes have been affected to items pertaining to the operating limitations, the owner, etc, shall immediately return the certificate of airworthiness and the operating limitations sp
ecification, which was issued in accordance with paragraph (3), Article 22 of this Ministerial Regulations of the Aviation Act, to the Administrator of the Regional Aviation Administration and shall reapply for issuance of the certificat
e of airworthiness and the new operating limitations specification. <Amended as of Jul. 14, 1995, Dec. 17, 1999>
(2) The person who was enforced to perform the required maintenance in accordance with paragraph 1, should inform the Administrator of the Head of the Civil Aviation Safety Authority results of the maintenance accomplished. <
Amended as of Aug. 18, 2006>
[Newly Inserted as of Jul. 3, 2004]
(2) Application specified in paragraph (1), shall submit with the following documents;
1. Evidence data regarding compliance of airworthiness
2. Maintenance manual (issued by manufacturer only)
3. Airworthiness Directive or others, etc. which is established and noticed by the head of CASA혻
[Newly Inserted by Ministerial Regulations No. 12, 혻May.8, 2008]
(2) The following documents shall be attached to the Application as per the provisions of paragraph (1):
1. Flight manual of the aircraft
2. Documents that substantiate that the aircraft conforms to the noise standards (limited to aircraft certified to the noise standards by a manufacture, or a previously registered country, or already verified by a country that provide
d manufacturing technology is considered acceptable compliance to the noise standards)
3. Documentation containing technical details on repairs and/or modifications
(2) In case of subparagraph 2, paragraph (2), Article 28 of this Ministerial Regulations of the Aviation Act, when the noise measurement methods and the values of the submitted documents conform to the Article 29, the Administr
ator of the Regional Aviation Administration may issue the nose certificate to the applicant by inspecting documentation only. <Amended as of Jul. 14, 1995, Dec. 17, 1999, Jul. 1, 2005, and Aug. 18, 2006>
(3) When repairs and/or modifications that could affect the certified noise levels of the aircraft are accomplished, or where other powerplant(s) are installed which were not specified in the certificate, the Administrator of the Region
al Aviation Administration shall measure the noise levels of the aircraft prior to the issuance of the noise certificate to the applicant. <Amended as of Jul. 14, 1995, Dec. 17, 1999>
(4) When issuing the noise certificate as prescribed in paragraph (1), the Administrator of the Regional Aviation Administration may designate the following operating limitations for the aircraft: <Amended as of Jul. 14, 1995, Dec. 1
7, 1999>
1. Maximum takeoff and landing weights
2. Powerplant
3. Automatic flight control system
4. Instrument and flight control system5. Other items related to apparatus that effect noise
(2) Any person who wishes to use any aircraft without a Noise Certificate as specified in paragraph (1) of this Article shall submit an application for test flight (Form 20-5) to the Administrator of the Regional Aviation Administration.
[Newly Inserted as of Aug. 18, 2006]
(2) Following documents shall be attached to the application as prescribed in paragraph (1) of this Article:: <Amended as of Nov. 30, 1994>
1. Type design plan
2. Preliminary design documents
3. Drawings list
4. Drawings
5. Parts list
6. Manufacturing plan
7. Specifications
8. Flight and/or Operation Manual
9. Document describing Maintenance Procedures and
10. Any other data deemed necessary
(3) Item 1 of paragraph (2) shall be submitted before commencement of the design process, items 3 through 8 shall be submitted before commencement of manufacture, and items 9 through 12 shall be submitted after completion
of manufacture and before the final conformity inspection.
(2) Documents submission period under paragraph (3), Article 31 of this Ministerial Regulations of the Aviation Act is applicable to Changes to Type Design (The Type Certificate shall be submitted at the time of application).
(2) The Head of the Civil Aviation Safety Authority shall inspect that changes to the type design by a supplemental type certificate complies with the Airworthiness Standards in accordance with paragraph (4), Article 17 of the Act.
[Wholly Amended as of Jul. 3, 2004]
(2) Following documents shall be attached to the application as prescribed in paragraph (1) of this Article:
1. Compliance substantiation plan
2. Design Drawings and its list
3. Parts list and Specifications
4. Any other data deemed necessary
[Newly Inserted as of Jul. 3, 2004]
(2) When issuing the type certificate to the applicant as prescribed in paragraph (1), the Head of the Civil Aviation Safety Authority shall record the type certificate number on the type certification data sheet, which contains informat
ion regarding operating limitations and conditions and list main equipment of the aircraft and return the design drawing lists and parts list to the applicant. <Amended as of Nov. 30, 1994, Jul. 14, 1995, Sept. 24, 2001, and Sept. 30,
2002>
(3) When results of the inspections in accordance with paragraph (2), Article 33 of this Ministerial Regulations of the Aviation Act determines that the design changes of equipment or parts conform to the Airworthiness Standards, t
he Head of the Civil Aviation Safety Authority shall issue the Supplement Type Certificate (Form 10-2) to the applicant. <Newly Inserted as of Jul. 3, 2004>
(2) Following documents in accordance with must be attached to the application as prescribed in paragraph (1):
1. Type Certificate from foreign government
2. Type Certificate Data Sheets
3. Design Description Documents
4. Compliance Checklist and Compliance Reports
5. Flight and/or Operation Manual
6. Documents describing the maintenance procedures
7. Any other data deemed necessary.
[Newly Inserted as of Dec. 17, 1999]
(2) Following documents shall be attached to the application as prescribed in paragraph (1): <Amended as of Aug. 18, 2006>
1. Quality control manual
2. Materials describing manufacturing technology and method of aircraft, etc.
3. Status of manufacturing facility and personnel
4. Quality control and inspection system
5. Data describing continued airworthiness and certification management
[Newly Inserted as of Dec. 17, 1999]
Article 35-6 (Inspections Scope for Production Certificate <Amended as of Jul. 3, 2004>)
When conducting inspections of production certificate in accordance with paragraph (1), Article 17-3 of the Act, the Head of the Civil Aviation Safety Authority shall inspect the manufacturing technology, facility, personnel, quality c
ontrol and inspection system, continued airworthiness and certification management system, and production process of the aircraft, etc. <Amended as of Sept. 30, 2002, Jul. 3, 2004, and Aug. 18, 2006>
[Newly Inserted as of Dec. 17, 1999]
(2) When the Head of the Civil Aviation Safety Authority issues the production certificate as prescribed in paragraph (1) he/she shall issue it with a production limitation record, which specifies limitation of production of the aircraft, e
tc. under the type certificate, etc. thereof <Amended as of Aug. 18, 2006>
[Wholly Amended as of Jul. 3, 2004]
(2) Following documents shall be attached to the application as prescribed in paragraph (1) of this Article: <Amended as of Aug. 18, 2006>
1. Statement of Conformance
2. Design drawings, design drawing lists, and parts list
3. Manufacturing specification and product specification
4. Quality control manual
5. Instructions for continued airworthiness and certification management
6. Any other data deemed necessary
[Wholly Amended as of Jul. 3, 2004]
(2) The Head of Civil Aviation Safety Authority shall inspect design compliance with the minimum performance standards of specific TSO article and conformity inspection of the TSO article to drawings, specifications, and manufa
cturing processes, etc shall be demonstrated.
(3) The Head of Civil Aviation Safety Authority shall inspect the quality control system including appropriate technology, facility, personnel, etc, to manufacture a TSO article.
(4) The Head of Civil Aviation Safety Authority shall inspect certification management system including identification, record keeping, and continued airworthiness, etc. of specific TSO article.
[Wholly Amended as of Aug. 18, 2006]
(2) Any person who has a Technical Standard Order Authorization pursuant to Article 20 of the Act may identify the equipment or part with TSO marking that he/she has approved as part of TSO.
(3) When any person who designs and manufactures an article with a TSO Authorization, moves, reduces, or expands the facility, he/she shall inform the Head of the Civil Aviation Safety Authority within 10 days.
[Wholly Amended as of Jul. 3, 2004]
(2) Following documents shall be attached to the application as prescribed in paragraph (1) : <Amended as of Aug. 18, 2006>
1. Document identifying the parts
2. Statement of Conformance
3. Design drawings, design drawing lists, and parts list
4. Manufacturing specification and product specification
5. Quality control manual
6. Instructions for continued airworthiness and certification management
7. Any other data deemed necessary.
[Wholly Amended as of Jul. 3, 2004]
(2) The Head of Civil Aviation Safety Authority shall determine the design compliance, including compliance with the minimum performance standards of parts, design drawings, specifications, manufacturing process, etc.
(3) The Head of Civil Aviation Safety Authority shall inspect the quality control system, including technology, facility, personnel, etc, to manufacture parts.
(4) The Head of Civil Aviation Safety Authority shall inspect continued airworthiness and certification management, including identification of parts, record keeping.
[Wholly Amended as of Aug. 18, 2006]
(2) When the Head of the Civil Aviation Safety Authority issues the Parts Manufacturer Approval to the applicant as prescribed in paragraph (1), he/she shall designate aircraft, engine, or propeller type in which the equipment or pa
rts are installed.
(3) Provisions in paragraph (2), (3), Article 41 of this Ministerial Regulations of the Aviation Act shall be applied to Parts Manufacturer Approval (PMA). In that case, "TSO" and "Technical Standard Order Authorization" are regarde
d as "equipment or parts" and "Parts Manufacturer Approval", respectively, in those provisions.
[Wholly Amended as of Jul. 3, 2004]
(2) The scope of aircraft, etc., equipment and/or parts maintenance requiring validation pursuant to Article 22 of the Act is the maintenance other than trivial maintenance as prescribed in paragraph (1), Article 60 of this Ministerial
Regulations of the Aviation Act. <Amended as of Jul. 3, 2004; Ministerial Regulations No. 12, May.6, 2008 >
(2) When the Head of the Civil Aviation Safety Authority issues the certificate to the applicant he/she shall specify the aircraft classification, category, or type of release authorization that is to be performed by the applicant. <Amend
ed as of Jul. 14, 1995, Sept. 30, 2002>
(3) Validation period of the certificate as prescribed in paragraph (1) shall be one year.
(2) Upon receiving a report of Ultra Light Vehicle, the Administrator of the Regional Aviation Administration shall issue the Certificate of Report of Ultra Light Vehicle (Form 19-3) to the owner who shall always carry it when flying.
(3) When issuing a Certificate of Report of Ultra Light Vehicle, the Administrator of the Regional Aviation Administration shall prepare the Report Ledger of Ultra Light Vehicle (Form 19-4) for display.
(4) The owner of the Ultra Light Vehicle shall display the number of the Certificate of Report of Ultra Light Vehicle on the device. Necessary matters such as the display method, location of display, and size shall be determined by t
he Administrator of the Regional Aviation Administration.
(5) The owner of the Ultra-light Vehicle shall notify the Administrator of the Regional Aviation Administration of any change in the matters to be reported until 30 day of changed date as follows; < Amended by Ministerial Regulation
s No. 12, May.8, 2008>
(a) Purpose
(b) Location of storage
(c) Owner�셲 name and address
[Wholly Amended as of Dec. 17, 1999]
(2) Any person wishing to fly an Ultra Light Vehicle as per paragraph (1) in the aerial zone where any flight using such flying vehicle is limited as prescribed in Article 23 (2) shall submit the Application for Approval of Flight Plan (Fo
rm 20) to the Administrator of the Regional Aviation Administration . < Amended by Ministerial Regulations No. 12, May.8, 2008>
(3) When the submitted flight plan as per paragraph (2) is deemed to present no problem to flight safety, the Administrator of the Regional Aviation Administration shall issue approval. <Amended as of Aug. 18, 2006>
[Wholly Amended as of Nov. 22, 2003]
(2) For the purpose of Article 23 (4) of the Act, the term "Ultra Light Vehicle as prescribed by the Ministerial Regulations of the Aviation Act" refers to the following: <Amended as of Jul. 3, 2004, Aug. 18, 2006>
1. Motor flying vehicle
2. Rotor flying vehicle
3. Paraplane
4. Balloons (limited to those boarded by persons)
5. Unmanned flying vehicle
(3) For the purpose of Article 23 (3)~(4) of the Act, the term "institution or organization designated by the Ministerial Regulations of the Aviation Act" pertains to the Korea Transportation Safety Authority (hereinafter referred to as th
e Transportation Safety Authority) established as per the Korea Transportation Safety Authority Act. <Amended as of Jul. 1, 2005>
(4) Necessary matters related to the application procedure for flight qualification, examination subjects, and flight qualification certificate as prescribed in the provisions of Article 23 (3) of the Act and application procedure for safety
certification, inspection methods, and certificate of safety as per the provisions of Article 23 (4) of the Act shall be determined by the Chairman of the Transportation Safety Authority with approval from the Head of the Civil Aviation
Safety Authority.
[Newly Inserted as of Nov. 22, 2003]
(2) For the purpose of Article 23 (5) of the Act, the term "insurance as prescribed by the Ministerial Regulations of the Aviation Act" pertains to insurance or deduction covering more than the amounts stipulated in the subparagraph
s of Article 3 (1) of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act. <Amended as of Jul. 3, 2004, Jul. 1, 2005>
[Newly Inserted as of Nov. 22, 2003]
Article 66-4 (Designation of Approved aviation training institution for Pilots of Ultra Light Vehicles)
(1) An institution wishing to be designated as a Approved aviation training institution for pilots of ultra light vehicles as per the provisions of Article 23 (6) of the Act shall submit the Application for Designation as Approved aviation tr
aining institution for Pilots of Ultra Light Vehicles (Form 20-2) to the Head of the Civil Aviation Safety Authority together with the documents containing the following:
1. Status of professional instructors
2. Status of educational facilities and equipment
3. Education and training plan and education and training regulations
(2) The following are the designation criteria for the Approved aviation training institution for pilots of ultra light vehicles as per the provisions of Article 23 (6) of the Act:
1. Professional instructors falling under any of the following cases:
(a) One or more Instructor Pilot(s) with not less than 200 hours' flight time
(b) One or more Flight Examiner Pilot(s) with not less than 300 hours' flight time
2. The following facilities and equipment (including the right of use) shall be furnished:
(a) One or more class room(s) and office(s)
(b) Take-off and landing facilities
(c) One or more flying vehicle(s) for two persons
3. Necessary matters for education and training such as curriculum, education time, evaluation methods, education and training regulations, etc., for which standards shall be determined and announced by the Head of the Civil
Aviation Safety Authority
(3) When the institution submitting an Application for Designation as Approved aviation training institution for Pilots of Ultra Light Vehicle pursuant to paragraph (1) is deemed to conform to the standards prescribed by the provision
s of paragraph (2), the Head of the Civil Aviation Safety Authority shall issue the Certificate of Designation as Approved aviation training institution for Pilots of Ultra Light Vehicle (Form 20-3).
[Newly Inserted as of Nov. 22, 2003]
Article 68 (Matters to be Observed by the Pilot of an Ultra Light Vehicle <Amended as of Dec. 17, 1999>)
(1) The pilot of an Ultra Light Vehicle shall not engage in any of the following actions during flight: <Amended as of Dec. 17, 1999, Jul. 3, 2004, Aug. 18, 2006, and Jun. 29, 2007>
1. Dropping of an object that can serve as a hazard to other persons or property
2. Flying in a manner that can serve as a hazard to other persons or property in the air above a densely populated area or a congested place
3. Flying in the aerial zone where any flight using an Ultra Light Vehicle is limited without approval for the flight plan as prescribed in the provisions of Article 23 (2) of the Act or flying in controlled airspace, prohibited or restricted
area, or special designated areas as prescribed by the provisions of Article 38 (2) of the Act except the following:
(a) Flying an Ultra Light Vehicle as described in subparagraph 1, Article 66 (1)
(b) Flying an Ultra Light Vehicle as described in subparagraph 2, Article 66 (1) 3. in airspace other than the restricted areas for unmanned motor flying vehicle and unmanned airship as determined and announced by the Head of
the Civil Aviation Safety Authority
4. Flying in a state where an object on the ground cannot be identified with the naked eye due to fog, etc.
5. Flying when the flight visibility or distance from clouds does not comply with Appendix 3-2
6. Flying during night hours from sunset to sunrise, except captive balloons operated below the minimum flight altitude (150 m) as prescribed in item (b), subparagraph 1, Article 171
7. Other flights using abnormal methods
(2) The pilot of an Ultra Light Vehicle shall fly with utmost care such that an aircraft can be identified with the naked eye and avoided in advance. <Amended as of Dec. 17, 1999>(3) The pilot of an Ultra Light Vehicle shall give way
to all aircraft. In particular, the pilot of a powered Ultra Light Vehicle shall give way to an unpowered Ultra Light Vehicle. <Amended as of Dec.17, 1999>
CHAPTER 4 AIRCRAFT OPERATION CHAPTER 5 AVIATION FACILITIES CHAPTER 6 AIR TRANSPORTATION SERVICE
CHAPTER 7 Ground Handling Service CHAPTER 8 Foreign Aircraft CHAPTER 8-2 Investigation of Aviation Accident
CHAPTER 9 Supplementary Provisions
(2) The category of the aircraft rated by the provisions of paragraph (1) shall be divided into airplane, airship, glider, rotorcraft and air spacecraft.
(3) The class of the aircraft to be rated by the stipulation of paragraph (1) shall be divided into Airplane Single-Engine Land and Airplane Multi-engine Land in the case of landplane and Airplane Single-Engine Sea and Airplane Mu
lti-engine Sea in the case of seaplane. Note, however, that gliders shall be divided into upper class glider (in the case of special glider or upper class glider) and middle class glider (in the case of middle class or primary class glider
s).
(4) Notwithstanding the stipulation of paragraph (1), the rating of the class of aircraft shall not apply to aircraft maintenance type �� mechanics. <Newly Inserted as of Jul. 3, 2004>
(2) A license holder of aircraft maintenance type �� mechanic obtaining a personnel license for an airplane shall be considered to have obtained a personnel license for a glider. <Newly Inserted as of Sept. 18, 1998>
Article 76 (Requirements)
A person qualified to take a test for the personnel licensing (hereinafter referred to on the Personnel Licensing Test) on the provisions of Article 29 (1) of the Act or an examination to rate the category, class, or type of aircraft (herei
nafter referred to as Rating Examination) on the provisions of Article 29 (2) shall be a person other than that falling under any of the subparagraphs of Article 25 (2) of the Act and who has a career as prescribed in Appendix 11.
[Wholly Amended as of Dec. 17, 1999]
(2) The verification of flight career on the the stipulation of paragraph (1) shall be based on Form 22-2.
<Newly Inserted as of Dec. 17, 1999>
(2) When certain items of the practical test as per the stipulation of paragraph (1) are deemed not to require a practical test using an aircraft or a flight simulator, the Head of the Civil Aviation Safety Authority may allow an oral test i
nstead. <Amended as of Dec. 17, 1999, Sept. 30, 2002>
(3) The airplane used in a practical test for airline transport pilot shall be a twin-engine plane at the very least. <Amended as of Sept. 18, 1998>
(2) When the personnel licensing test or rating examination is administered, the Chairman of the Transportation Safety Authority shall notify the Head of the Civil Aviation Safety Authority of the status of successful applicants for th
e theoretical and practical tests through the qualification of airmen. <Amended as of Dec. 17, 1999, Sept. 30, 2002>
Article 86 (Prohibiting Applicants Committing Illegal Acts from Applying for the Test)
(1) Deleted. <Dec. 17, 1999>
(2) When a successful applicant in the personnel licensing test or rating examination is discovered to have committed an illegal act in the test or examination, the Chairman of the Transportation Safety Authority shall nullify his/her
result. <Amended as of Jul. 14, 1995, Dec. 17, 1999>
(2) The test subjects that are waived on the the stipulation of paragraph (1) and the scope of recognition of level are prescribed in Appendix 13-2. <Amended as of Jul. 14, 1995, Dec. 17, 1999>
(2) Upon receiving the Airman Medical Certificate on the paragraph (1), the Chairman of the Transportation Safety Authority shall issue the Personnel Licensing for Airmen (Form 23).
(3) In case of lost or damaged certificate, or if the person obtaining a license for airmen wishes to change the recorded information, he/she shall submit the Application for Replacement of License(Form 24) including an electronic d
ocument to the Chairman of the Transportation Safety Authority.
(4) Upon receiving the Application for Replacement on the paragraph (3), the Chairman of the Transportation Safety Authority shall replace the License for Airmen (Form 23) when the reason for the application is deemed appropri
ate.
(5) When issuing or replacing a license for airmen on the paragraphs (2) and (4), the Chairman of the Transportation Safety Authority shall prepare and furnish the Issuance Ledger for the License for Airmen (Form 25) or enter the
contents of the Issuance Ledger as recorded in Form 25 into a computerized information processing device for safekeeping and management.
(6) The Chairman of the Transportation Safety Authority may validate a foreign license (of which the experience requirement shall meet those as stipulated in Article 76 or Annex 1 of the Convention on International Civil Aviation; t
he same shall apply hereinafter), for the rest validity period of the license issued by a foreign government, validity period may be extended once more within the period of one year. < Amended by Ministerial Regulations No. 12, M
ay.8, 2008>
(2) When a person completing the training course specified by the Head of the Civil Aviation Safety Authority at an approved aviation training institution pursuant to the provisions of subparagraph 2, Article 29 (4) of the Act applies
for said personnel licensing test, part of the written test shall be waived. <Amended as of Jul. 14, 1995, Sept. 30, 2002>
(3) When a person obtaining a personnel license from a foreign government or a person completing the training course of an approved aviation training institution designated by the Head of the Civil Aviation Safety Authority and a
person with practical experience on the provisions of subparagraphs 1~3, Article 29 (4) of the Act apply for said personnel licensing test, part of the practical test shall be waived according to the standards prescribed in Appendix 1
3-1. <Amended as of Dec. 17, 1999, Sept. 30, 2002, and Jul. 3, 2004>
(4) For persons qualified to apply for said test on the Article 76, those obtaining qualification for professional engineer aircraft and master craftsman aircraft maintenance and engineer aircraft or industrial engineer aircraft maintena
nce on the National Technical Qualifications Act in accordance with the provisions of subparagraph 4, Article 29 (4) of the Act, the test shall be waived based on the following classification: <Amended as of Dec. 17, 1999, Jul. 3, 20
04, and Jul. 1, 2005>
1. In case a person obtaining qualification for professional engineer aircraft applies for the qualification test for aircraft maintenance type �� mechanic, the written test excluding that on aviation acts and regulations shall be wa
ived.
2. In case a person obtaining qualification for master craftsman aircraft maintenance or engineer aircraft applies for qualification as aircraft maintenance type �� mechanic, the theoretical test excluding that on aviation acts an
d regulations shall be waived provided he/she has had at least one year experience in aircraft maintenance after acquisition of said qualification.
3. In case a person obtaining qualification for industrial engineer aircraft maintenance applies for qualification as aircraft maintenance type �� mechanic, the written test excluding that on aviation acts and regulations shall be
waived provided he/she has had at least two years' experience in aircraft maintenance after acquisition of said qualification.
(2) In case a pilot or a flight engineer receiving specialized training on an aircraft at an approved aviation training institution designated by the Head of the Civil Aviation Safety Authority (a specialized foreign educational institution r
ecognized as an approved aviation training institution based on rating by said foreign government shall be regarded as an approved aviation training institution as designated by the Head of the Civil Aviation Safety Authority) on th
e provisions of subparagraph 2, Article 29 (4) of the Act applies for rating examination on an aircraft of the same type as that for the aircraft used for said training within 180 days of completion of training, the practical test shall be w
aived as determined by the Head of the Civil Aviation Safety Authority. In case the owner, etc., of the aircraft introduces a new type of aircraft to Korea, written and practical tests shall be waived as determined by the Head of the Ci
vil Aviation Safety Authority in relation to the rating examination on the pilot or flight engineer of the aircraft only when the applicant for the examination completed specialized training at a specialized foreign educational institution (i
ncluding a training institution belonging to the aircraft manufacturer) recognized by said foreign government. <Amended as of Nov. 30, 1994, Jul. 14, 1995, Sept. 18, 1998, Sept. 30, 2002, Jul. 3, 2004 and Jun. 29, 2007>
(3) In case a person with practical experience on the provisions of subparagraph 3, Article 29 (4) of the Act is eligible for the rating examination, part of the practical test shall be waived according to the standard prescribed in Appe
ndix 13-2. <Newly Inserted as of Jul. 3, 2004>
(2) The Head of Civil Aviation Safety Authority shall examine the Application on the paragraph (1). If it meets the standard announced by the Head of the Civil Aviation Safety Authority, the applicant institution shall be designated a
s a Approved aviation training institution by qualification as stipulated in Articles 26, 28, and 34 of the Act using Form 25-3. <Amended as of Nov. 30, 1994, Jul. 14, 1995, Dec. 17, 1999, and Sept. 30, 2002>
(3) The Head of Civil Aviation Safety Authority shall announce the specified educational institution (hereinafter referred to as designated Approved aviation training institution) designated on the stipulation of paragraph (2). <Amend
ed as of Jul. 14, 1995, Sept. 30, 2002>
(4) Upon completion of education, the designated Approved aviation training institution shall report the list of trainees who completed the education and evaluation result to the Head of the Civil Aviation Safety Authority immediatel
y. <Amended as of Jul. 14, 1995, Sept. 30, 2002>
(5) In case of changes in matters stipulated in all subparagraphs of paragraph (1), the designated Approved aviation training institution shall report the details of the change to the Head of the Civil Aviation Safety Authority immedia
tely. <Amended as of Jul. 14, 1995, Sept. 30, 2002>
(6) The Head of Civil Aviation Safety Authority shall annually examine whether the designated Approved aviation training institution conforms to the designation standards on the paragraph (2). <Amended as of Jul. 14, 1995, Sept.
30, 2002>
(2) When applications are received on the provisions of paragraph (1), the Administrator of the Regional Aviation Administration shall inspect the relevant flight simulator in accordance with the designation standards and the inspe
ction guidelines announced by the Head of the Civil Aviation Safety Authority and shall designate the flight simulator if the simulator satisfies the required designation standards using Form 25-5. <Amended as of Sept. 30, 2002>
(3) Recognition of boarding career on flight simulator shall be based on the standards prescribed in Appendix 11.
[Wholly Amended as of Dec. 17, 1999]
(2) Notwithstanding the stipulation of paragraph (1), a medical examiner designated as such pursuant to Article 31-2 (1) of the Act (hereinafter referred to as " medical examiner ") may issue a Airman medical certificate by shorteni
ng the validity term as prescribed in Appendix 13-3 even if the examination target falls relatively short of the required aviation medical examination standards for the licensing: Provided, That the validity term to be shortened shall n
ot exceed one half of that prescribed in Appendix 13-3. <Amended as of Jun. 29, 2007>
(3) A person waived from a personnel licensing test on the stipulation of Article 89(6) and 90 (1) but receives a Airman medical certificate issued by a foreign government or by a private medical institution designated by the foreign
government shall be considered to have received a Airman medical certificate on the provisions of Article 31 (1) of the Act for the remainder of the validity term of the said certificate
(5) A person receiving an upper level Airman medical certificate shall be considered to have received a lower level Airman medical certification. <Amended as of Dec. 17, 1999, Aug. 18, 2006>
(7) The standards for aviation medical examination by type on the paragraph (1) are prescribed in Appendix 14. <Amended as of Aug. 18, 2006>
(8) A private license holder should be qualified for Class 1 medical standards pursuant to Appendix 14 when issued an instrument rating pursuant to the Article 34 of the aviation act. <Newly Inserted by Ministerial Regulations No.
12, May.8, 2008>
(9) The detailed matters other than those set forth in this Ordinance in relation to the standards for aviation medical examination shall be determined and announced by the Head of the Civil Aviation Safety Authority. <Amended as
of Aug. 18, 2006>
(2) Upon receiving applications on the paragraph (1), and in case the results of the aviation medical examination of the flight crew and air traffic controllers are deemed to meet the standards prescribed in Appendix 14, the medical
examiner shall issue an Airman Medical Certificate (Form 30).
(3) When issuing the Airman Medical Certificate on the paragraph (2), the medical examiner shall prepare and keep an Issuance Ledger of Airman Medical Certificate (Form 31).
(4) The medical examiner shall notify the Aerospace Medical Association of Korea, an incorporated association commissioned with the Airman medical certificate (hereinafter referred to as "Aerospace Medical Association of Kore
a"), of the results of the Certificate issuance implemented each month on the provisions of Article 63 (10) of the Decree by the 5th of the following month.
(5) When deemed necessary for making judgment pursuant to the provisions of Article 31 (4) of the Act, the medical examiner may request for advice from the Aerospace Medical Association of Korea.
[Wholly Amended as of Aug. 18, 2006]
(2) Any person wishing to have his/her Airman medical certificate extended on the paragraph (1) shall submit to the medical examiner Application for Extension of Airman Medical Certificate (Form 29-2) together with the following
documents:
1. Copy of Airman Medical Certificate
2. Copy of certificate of aviation medical examination issued by a foreign government or a private medical institution designated by the foreign government
(3) Upon receiving an Application for Extension of Airman Medical Certificate on the paragraph (2), the specialized aviation doctor shall check the attached certificate of aviation medical examination issued by a foreign government
or a private medical institution designated by the foreign government and extend the validity term and issue an Airman Medical Certificate upon verification.
[Newly Inserted as of Jun. 29, 2007]
(2) When the Airman Medical Certificate is deemed to have been issued improperly as a result of the review on the paragraph (1), the Aerospace Medical Association of Korea shall immediately notify the Head of the Civil Aviation
Safety Authority or the Administrator of the Regional Aviation Administration accordingly.
[Wholly Amended as of Aug. 18, 2006]
(2) The Head of Civil Aviation Safety Authority may have a consulting with the following persons to review an appealing.
1. Medical specialties related with the contents of the appealing.
2. Operational experts who have a flight career.
(3) The Head of Civil Aviation Safety Authority shall review the Application for Appealing received on the paragraph (1) within 30 days of the application date and notify the applicant of the result.
But notification term may be extended additional 30 days when the reviewing the Application for Appeal which is applicable to the following subparagraph can not be proceeded within the rated time.
(4) The information of extension on the Article 97-2(2) should be notified to the applicant 7 days before the termination of a term.
(2) The following are the designation standards on the provisions of Article 31-2 (2) of the Act:
1. The applicant should have completed the education program on aviation medicine pursuant to paragraph (5).
2. The applicant should have 5 years' or longer experience in the field of aviation medicine as a specialist or a doctor;
3. The applicant should belong to a medical institution that meets the standards for facilities and equipment of the medical institution for aviation medical examination as prescribed in Appendix 15.
(3) When the applicant meets the designation standards on the paragraph (2), the Head of the Civil Aviation Safety Authority shall issue to the applicant Certificate of Designation as an Aviation Medical Examiner (Form 33-2).
(4) When designating an Aviation Medical Examiner on the paragraph (3), the Head of the Civil Aviation Safety Authority shall make the corresponding announcement.
(5) Education subjects and education hours for a person designated or to be designated as an Aviation Medical Examiner on the Article 31-2 of the Act are shown in the following table:
Education Hours
Education Topics
Person to be designated as Avia Person designated as Aviation Medic
tion Medical Examiner al Examiner
(6) Necessary matters regarding specific educational operation methods on the paragraph (5) shall be determined and announced by the Head of the Civil Aviation Safety Authority.
[Newly Inserted as of Aug. 18, 2006]
Article 99 (Revocation of Airman Medical certificate and License)<Amended as of Aug. 18, 2006>)
(1) Administrative measures and standards for airmen and student pilots on the provisions of Article 33 of the Act (including applications of Articles 34 (4) and 35 (4) of the Act) are shown in Appendix 15-2.
(2) When taking administrative measures on the stipulation of paragraph (1), the Head of the Civil Aviation Safety Authority, the Administrator of the Regional Aviation Administration, and the director of Air Traffic Center shall prepa
re and keep the Ledger for Airmen Subject to Administrative Measures (Form 34) and notify the chairman of the Transportation Safety Authority and a medical examiner of its contents. <Amended as of Sept. 30, 2002, Aug. 18, 20
06>
[Wholly Amended as of Dec. 17, 1999]
(2) The passing standards for Aviation English Proficiency Test on the Article 34-2 (2) are prescribed in Appendix 15-3.
(3) The effective period of Aviation English Proficiency certificate on the Article 34-2 (2) of the Act by level is 3 years for Level 4, 6 years for Level 5, and lifetime for Level 6 starting from the passing date of 혻Aviation English Profici
ency etc.
(4) Requirement for the concrete implementation method, etc., of the Aviation English Proficiency Test on the paragraph (1) shall be determined and announced by the Head of the Civil Aviation Safety Authority.
[Newly Inserted as of Aug. 18, 2006]
(2) The chairman of the Transportation Safety Authority shall issue Certificates to the following participants passing the Aviation English Proficiency certificate test and record the results in the Issuance Ledger of Airmen Certificate
s (Form 25):
1. Persons falling under subparagraphs 1 and 2, Article 34-2 (1) of the Act: Airmen Certificates (Form 23)
2. Persons falling under subparagraph 3, Article 34-2 (1) of the Act: Certificate of Aviation English Proficiency (Form 35)
[Newly Inserted as of Aug. 18, 2006]
(2) The Written Permission for Pilot Practice is shown in Form 37.
Article 115 (Replacement of Airman Medical Certificate) <Amended as of Jul. 3, 2004, Aug. 18, 2006>)
(1) In case the Airman Medical Certificate or Written Permission for Pilot Practice of Aircraft (hereinafter referred to as "Certificate, etc.") is lost or damaged, or if the flight crew, air traffic controllers, or student pilots obtaining the cer
tificates wish to change the recorded information, Application for Replacement (Form 40) shall be submitted to the Administrator of the Regional Aviation Administration (for the replacement of the Written Permission for Pilot Practi
ce of Aircraft) or the chairman of the Aerospace Medical Association of Korea (for the replacement of the Airman Medical Certificate). <Amended as of Jul. 14, 1995, Dec. 17, 1999, Jul. 3, 2004, and Aug. 18, 2006>
(3) When the Applications on the paragraph (1) are deemed appropriate, the Administrator of the Regional Aviation Administration or the chairman of the Aerospace Medical Association of Korea shall Replace the Certificate, etc.
<Amended as of Jul. 14, 1995, Dec. 17, 1999, Jul. 3, 2004, and Aug. 18, 2006>
Article 116-2 (Division and Administration of Airspace <Amended as of Aug. 18, 2006>)
(1) The types of airspace as divided, designated, and published by the Head of the Civil Aviation Safety Authority as per the provisions of Article 38 (3) of the Act are shown in Appendix 16. <Amended as of Sept. 30, 2002>
(2) The following are the standards for establishing the airspace as prescribed in Article 38 (3) of the Act: <Amended as of Aug. 18, 2006>
1. National security and aviation safety should be considered.
2. Provision of service related to air traffic should be considered.
3. The division of airspace should take into account the user's convenience.
4. Efficiency and economy in the utilization of airspace should be realized.
(3) The details of the airspace designation as per paragraph (1) should be published in the Aeronautical Information Publication or NOTAM (Notice to Airmen). <Amended as of Aug. 18, 2006>
(4) The Head of Civil Aviation Safety Authority shall establish an Airspace Administration Regulation containing the following matters pursuant to Article 38 (4) of the Act and publish it following the deliberation by the Airspace Com
mittee: <Amended as of Aug. 18, 2006>
1. Detailed definitions by airspace class, granting of names, establishment, change, and abolition procedures, flight requirements, and flight procedures as per paragraph (1)
2. Matters regarding the detailed establishment standards and procedures by airspace type as per paragraph (1)
3. Other necessary matters for the efficient administration of airspace
[Newly Inserted as of Dec. 17, 1999]
(2) The registration symbol shall be indicated using four (4) Arabic numbers rather than ornamental letters.
(3) The registration symbol shall be placed right after the indication of nationality in a row.
(4) The registration mark to be displayed on an aircraft shall be marked clearly to prevent its erasure.
(5) Detailed matters as necessary in relation to the composition of the registration symbol shall be determined and announced by the Head of the Civil Aviation Safety Authority. <Amended as of Nov. 30, 1994, Jul. 14, 1995, and S
ept. 30, 2002>
(2) Notwithstanding the stipulations of Articles 118~120, the head of the central administrative agency may set the position, height, and width, etc., of a display differently for the aircraft of the state organization, etc., as per subpara
graph 1-2, Article 2 of the Act in consultation with the Head of the Civil Aviation Safety Authority. <Newly Inserted as of Aug. 18, 2006>
(2) Aircraft Communication and Navigation Equipment as per the provisions of subparagraph 1, paragraph (1) shall have the following functions: <Newly Inserted as of Sept. 24, 2001, Jul. 3, 2004, Jul. 1, 2005, and Aug. 18, 2006>
1. Two-way communication for air traffic control at an airport or a heliport shall be possible.
2. Continuously receiving weather information during flight shall be possible.
3. Two-way communication between the aeroplane and aeronautical station or between the aeroplane shall during as stipulated in subparagraph 5, Article 10 and Article 11 of the Presidential Decree of the Radio Wave Act.
4. Communication with the air traffic control unit shall be possible using flight emergency frequency (121.5 �� or 243.0 ��).
5. For the two (2) units of wireless transmitter and receiver as per subparagraph 1, paragraph (1), each unit shall be installed independently from each other such that one unit is free from trouble and available for use when the
other is out of order.
(3) Transponder providing information on the barometric altitude under the proviso of above paragraph (1) 2. shall be able to perform the following functions; 1. provide pressure altitude information to the Air Traffic Services concer
ned by intervals under every 7.62m(25ft) altitude (Limited to aircraft delivered since January 1, 2009)2. provide information on the location of the aircraft in airborne/on-the-ground[Limited to aircraft equipped with auto-detecting de
vices of location of the aircraft in airborne/on-the-ground status)
(4) Necessary matters regarding the operating guidelines for wireless equipment as stipulated in paragraph (1) shall be determined and announced by the Head of the Civil Aviation Safety Authority. < Newly Inserted as of Jul. 3, 2
004>
(2) When using the aircraft for aviation and modifying or maintaining it, the owner, etc., of the aircraft shall record the flight logbook immediately as per Article 41 (2) of the Act based on the following classification: <Amended as of
Nov. 30, 1994, Aug. 18, 2006>
1. Flight log book(excluding the aircraft specified in Article 151 of the Act)
(a) Registration mark and registration date of the aircraft
(b) Category, type, and type certificate number of the aircraft
(c) Airworthiness category and airworthiness certificate number
(d) Manufacturer name, manufacturing number, and manufacturing date
(e) Type of engine and propeller
(f) Records on the flight as listed below:
(i) Flight date
(ii) Name of aircrew member and job
(iii) Purpose of the flight or flight number
(iv) Origin and departure time
(v) Destination and arrival time
(vi) Flight time
(vii) Matters affecting the flight safety of the aircraft
(viii) Signature of PIC (Pilot in Command)
(g) Total number of flight hours after its manufacture, after the latest overhaul
(h) Records related to the replacement of the engine and propeller as listed below:
(i) Date and place of equipment replacement
(ii) Parts numbers and manufacturing serial numbers of the engine and propeller
(iii) Locations of equipment replacement and reasons
(i) Records related to the implementation of repair, modification, and maintenance as listed below:
(i) Date and place of implementation
(ii) Reasons for the implementation of repair or modification or location of maintenance and names of parts that were replaced
(iii) Confirmation date and authorized signature (or seal)
2. Flight log book (limited to the aircraft specified in Article 151 of the Act)
(a) Registration mark, registration number, and registration date of the aircraft
(b) Records related to the flight as listed below:
(i) Flight date
(ii) Names of the flight crew and their jobs
(iii) Purpose of flight and flight number
(iv) Origin and departure time
(v) Destination and arrival time
(vi) Flight time
(vii) Matters affecting the flight safety of the aircraft
(viii) Signature of PIC
3. Ground Engine Technical Log and Ground Propeller Technical Log
(a) Type of engine or propeller
(b) Manufacturer name, manufacturing number, and manufacturing date of the engine or propeller
(c) Records related to the replacement of the engine and propeller as listed below:
(i) Date and place of equipment replacement
(ii) Type, registration mark, and registration number of aircraft subjected to equipment replacement
(iii) Reasons for replacement
(d) Records related to the implementation of repair, modification, and maintenance of the engine or propeller as listed below:
(i) Date and place of implementation;
(ii) Reasons for the implementation of repair or modification or location of maintenance and names of parts that were replaced
(iii) Confirmation date and authorized signature (or seal)
(e) Records related to the use of the engine or propeller as listed below:
(i) Date and time of use
(ii) Total number of hours of use after its manufacture, after the latest overhaul
4. Glider Technical Log
(a) (Nationality, registration symbol, registration number) and date of registration for the glider
(b) Type and type certificate number of the glider
(c) Airworthiness category and airworthiness certificate number
(d) Manufacturer name, manufacturing number, and manufacturing date of the glider
(e) Records on the flight as listed below:
(i) Flight date
(ii) Name of the aircrew member
(iii) Purpose of the flight
(iv) Flight sector and location
(v) Flight time or numbers of take-off and landing
(vi) Matters affecting the flight safety of the glider
(vii) Signature of PIC
(f) Records related to the implementation of repair, modification, and maintenance as listed below:
(i) Time and place of implementation
(ii) Reasons for the implementation of repair or modification or location of maintenance and names of parts that were replaced
(iii) Confirmation date and authorized signature (or seal)
(2) In addition to seat belts, all seats of the aircrew of an aircraft used in the Air Transportation Service shall be equipped with shoulder straps. In this case, the shoulder straps mounted on the seats of the flight crew shall be of the
type that can control the upper body automatically when the speed of the aircraft drops suddenly.
[Newly Inserted as of Aug. 18, 2006]
(2) An aircraft with a pressurization device and attempts to fly at an altitude at which the atmospheric pressure within the airplane is below 376 hPa shall be equipped with a loss of pressurization indicator that can warn the flight cr
ew when the atmospheric pressure within the airplane is falling.
(3) In case an aircraft used in the Air Transportation Service attempts to fly at an altitude at which the atmospheric pressure within the aircraft is below 376 hPa, or when an aircraft cannot descend safely from an altitude at which t
he atmospheric pressure within the aircraft is above 376 hPa to that at which the atmospheric pressure is 620 hPa within 4 minutes, oxygen dispensing apparatuses that operate automatically and in the quantity exceeding the nu
mber of seats for all passengers and aircrew combined by at least 10% should be made available.
(4) In case an airplane equipped with a pressurization device attempts to fly at a specific altitude at which the atmospheric pressure within the aircraft is below 376 hPa, the oxygen mask of the flight crew shall be of the type that is
immediately available at the seats of the flight crew discharging their flight duty when the use of oxygen is necessary.
(5) All flight crew discharging their control duty for the safe flight of the airplane should always be able to use oxygen continuously in case of a situation requiring oxygen supply as per paragraph 1.
(6) Specific mounting requirements, amount of oxygen, and other matters necessary for the oxygen storage and dispensing equipment for breathing by flight altitude shall be determined and announced by the Head of the Civil Avi
ation Safety Authority.
[Wholly Amended as of Aug. 18, 2006]
(2) The radiation indicator as per paragraph 1 should be able to measure and display continuously the rate of total space radiation transmitted and amount accumulated during each flight to enable the flight crew to read the measu
red figure easily.
[Wholly Amended as of Aug. 18, 2006]
(3) Any aircraft wishing to fly at night shall be equipped with the following lighting facilities in addition to the aircraft instruments required for flights by the Instrument Flight Rules (IFR) as prescribed in Appendix 18: Provided, That th
e lighting facilities described in paragraphs 1 and 2 shall be mounted on any aircraft wishing to fly during the day as well. < Newly Inserted as of Mar. 11, 2005, Aug. 18, 2006>
1. Two or more landing lights for an aircraft in the Air Transportation Service, one or more landing lights for the other aircraft; for rotorcraft, however, at least one rotorcraft shall be of the type that can change directions vertically
2. 1 unit of anti-collision light
3. Right wing position light, left wing position light, and tail position light showing the position of an aircraft
4. Lighting facilities aiding in the identification of essential aircraft instruments and equipment used for the safety navigation of an aircraft for the flight crew
5. Cabin lighting facilities
6. Flashlights used by the flight crew and cabin crew in their respective work positions
(4) A Mach number indicator shall be mounted on an aircraft showing the speed limit in Mach number. For aircraft equipped with a speedometer that can convert Mach numbers, however, this stipulation does not apply. < Newly In
serted as of Mar. 11, 2005>
Article 135 (De/Anti-icing Equipment)
Aircraft attempting to fly into an area where there are ice formations or where ice formation is expected shall be equipped with De-icing or Anti-icing Equipment pursuant to Article 41 (2) of the Act.
[Wholly Amended as of Aug. 18, 2006]
(2) The Ground Proximity Warning System as per subparagraph 2, paragraph (1) shall have the capability to give a warning under the following cases: <Amended as of Aug. 18, 2006>
1. Airplanes used for an Air Transportation Service excluding those falling under item (c), subparagraph 2, paragraph (1) should be able to give a warning under the following conditions:
(a) In case of an excessive sink rate
(b) In case of an excessive closure rate for topography and facilities
(c) In case of an excessive loss of altitude after take-off or go-around
(d) When the airplane cannot maintain safe distance vis-횪-vis topography and facilities under the following landing configurations:
(i) Landing wheels fixed to the landing position
(ii) Landing position of flaps
(e) When excessive descent is carried out below the instrument gliding path
2. Airplanes falling under item (c), subparagraph 2, paragraph (1) and those that are not used for the Air Transportation Service excluding those falling under item (c), subparagraph 2, paragraph (1) should be able to give a war
ning under the following cases:
(a) In case of an excessive sink rate
(b) In case of an excessive loss of altitude after take-off or go-around
(3) The types of Flight Data Recorder and Cockpit Voice Recorder as per subparagraph 3, paragraph (1), data that should be recorded, operation method, and other necessary matters shall be prescribed in the announced Flight
Standard Regulations pursuant to Article 74 (2) of the Act. < Newly Inserted as of Aug. 18, 2006>
(4) Notwithstanding the stipulation of subparagraph 3, paragraph (1), the Flight Data Recorder and the Cockpit Voice Recorder may not be mounted on an aircraft under any of the following cases: < Newly Inserted as of Aug. 18,
2006>
(a) When the Flight Data Recorder or the Cockpit Voice Recorder with the capability prescribed in subparagraph 3, paragraph (1) has yet to be developed or produced
(b) When the modification technology of the aircraft as required for mounting the Flight Data Recorder or the Cockpit Voice Recorder on the aircraft is not developed by the manufacturer of the aircraft
[Wholly Amended as of Sept. 18, 1998]
(2) When stopping or anchoring an aircraft at an airport used at night as per the provisions of Article 44 of the Act, the location of the aircraft shall be determined using the navigation lights, etc., of the aircraft. In case of facilities tha
t illuminate the aircraft in the airport, however, this stipulation does not apply. <Amended as of Aug. 18, 2006>
(3) The aircraft shall not turn on other lights that can mistakenly be assumed to be navigation lights showing the aircraft's location as per paragraphs (1) and (2). < Newly Inserted as of Aug. 18, 2006>
(4) When a flash lamp serves as an obstacle in carrying out duties or blinds people outside and consequently results in danger, the pilot shall either turn off the flash lamp or dim its light. <Newly Inserted as of Aug. 18, 2006>
(2) Any pilot wishing to operate an aircraft at night as stipulated in paragraph (1) shall have related flight experience, e.g., taking off and landing at least once at night as prescribed in paragraph (1). For pilots who are engaged in o
perating an aircraft used for the scheduled Air Transportation Service, however, this stipulation does not apply. <Amended as of Nov. 22, 2003>
(3) In calculating the flight experience as per paragraphs (1) and (2), the operating experience gained from a flight simulator designated by the Administrators of the Regional Aviation Administrations based on a method designate
d by the Head of the Civil Aviation Safety Authority shall be considered part of the flight experience as stipulated in paragraphs (1) and (2). <Amended as of Jul. 14, 1995, Sept. 30, 2002, and Aug. 18, 2006>
(2) In calculating the flight experience as per paragraph (1), the operating experience gained from a flight simulator designated by the Administrators of the Regional Aviation Administrations based on a method designated by the
Head of the Civil Aviation Safety Authority shall be considered part of the flight experience as stipulated in paragraph (1) provided it does not exceed 25 hours. <Amended as of Jul. 14, 1995, Sept. 30, 2002, and Aug. 18, 2006>
(3) Notwithstanding the stipulation of paragraph (1), a flight engineer considered to have experience that is equal or superior to the flight experience in paragraph (1) by the Head of the Civil Aviation Safety Authority can engage in
the operation of the aircraft. <Amended as of Jul. 14, 1995, Sept. 30, 2002>
Article 140 (Flight Experience of Flight Navigator <Amended as of Nov. 30, 1994>)
(1) Among the flight crew members wishing to operate an aircraft used for the Air Transportation Service or aircraft-using business as per the provisions of Article 45 of the Act, the flight navigator shall have related flight experienc
e, e.g., engaging in the operation of an aircraft for 50 hours or more (25 hours or more in case one wishes to engage in the operation of an aircraft used for the domestic air transportation service or domestic Aerial work and in the
operation of an aircraft used for the aircraft-using business) for the past 1 year starting from the date of commencement of operation. <Amended as of Nov. 30, 1994, Nov. 30, 2006>
(2) In calculating the flight experience as per paragraph (1), the operating experience gained from a flight simulator designated by the Administrators of the Regional Aviation Administrations based on a method designated by the
Head of the Civil Aviation Safety Authority shall be considered part of the flight experience as stipulated in paragraph (1). <Amended as of Jul. 14, 1995, Sept. 30, 2002, and Aug. 18, 2006>
(3) Notwithstanding the stipulation of paragraph (1), a pilot considered to have experience that is equal or superior to the flight experience in paragraph (1) by the Head of the Civil Aviation Safety Authority can engage in the operat
ion of the aircraft. <Amended as of Nov. 30, 1994, Jul. 14, 1995, and Sept. 30, 2002>
(2) In calculating the flight experience as per paragraph (1), the operating experience gained from a flight simulator designated by the Administrator of the Regional Aviation Administration based on a method designated by the He
ad of the Civil Aviation Safety Authority shall be considered part of the flight experience as stipulated in paragraph (1). <Amended as of Jul. 14, 1995, Sept. 30, 2002, and Aug. 18, 2006>
(3) Notwithstanding the stipulation of paragraph (1), a pilot considered to have experience that is equal or superior to the flight experience in paragraph (1) by the Head of the Civil Aviation Safety Authority can carry out instrument f
lights. <Amended as of Jul. 14, 1995, Sept. 30, 2002>
(2) Notwithstanding the stipulation of paragraph (1), any pilot considered to have experience that is equal or superior to the experience in paragraph (1) by the Head of the Civil Aviation Safety Authority can conduct pilot training <
Amended as of Jul. 14, 1995, Sept. 30, 2002>
(2) Air transportation service and aerial work shall establish detailed standards in the Operations Manual within the limit of the standards as per paragraph (1) to prevent the flight crew members from compromising the safe flight of
the aircraft due to fatigue.
(3) Air transportation service and aerial work shall maintain recent records of duty and flight time and rest periods of all flight crew members for at least 15 months.
[Wholly Amended as of Aug. 18, 2006]
(2) The standards for flight duty periods and for minimum rest periods on the ground after a flight duty for 24 consecutive hours based on the number of cabin crew members boarding a specific type of aircraft to fulfill their duty on
board as stipulated in paragraph (1) are shown in Appendix 19-3.
(3) Air transportation service shall maintain recent records of the duty and flight time and rest periods of all cabin crew members for at least 15 months. <Newly Inserted as of Aug. 18, 2006>
[Newly Inserted as of Sept. 24, 2001]
Article 143-3 (Kinds and Measurement of Alcoholic Beverages, etc. <Amended as of Aug. 18, 2006>)
(1) The following are the kinds of alcoholic beverages (hereinafter referred to as Alcoholic Beverages, etc.) as per the provisions of Article 47 (6) of the Act: <Amended as of Jul. 1, 2005, Aug. 18, 2006>
1. Fermented liquor, distilled liquor, compounded liquor, etc., containing ethyl alcohol (C2H5OH), which disrupts thinking, concentration, memory, and judgment by affecting the central nervous system of the human body
2. Narcotics as stipulated in subparagraph 1, Article 2 of the Act on the Control of Narcotics, etc.
3. Deleted. <Aug. 18, 2006>
(2) The Head of Civil Aviation Safety Authority, the Administrator of the Regional Aviation Administration, and the director of the Air Traffic Center may ask public officials under their jurisdiction to measure the intake or use of alcoh
olic beverages. <Amended as of Aug. 18, 2006>
(3) Public officials discovering the intake or use of alcoholic beverages as per paragraph (2) shall prepare the Report on Disclosing the Intake/Use of Alcoholic Beverages (Form 40-3) for submission to the Head of the Civil Aviatio
n Safety Authority, the Administrator of the Regional Aviation Administration, or the director of the Air Traffic Center. <Amended as of Aug. 18, 2006>
(2) the Head of the Civil Aviation Safety Authority or the Head of Regional Aviation Administration, according to above ��, shall issue a Certificate of approved Aviation Safety Management System prescribed in appendix 40-5 w
hen he/she admit the applicant meets the Standards for Approving Aviation Safety Management System in accordance with Appendix 19-4.
(3) As per the proviso of Article 49 (2) of the Act, the term "major matters as prescribed by the Ministerial Regulations of the Aviation Act "refers to the following:
1. Matters on safety objectives
2. Matters on safety organization
3. Matters on reporting system of safety obstacles, etc.,
4. Matters on safety appreciation
(4) The person wishes to amend major matters prescribed in above �� shall submit Application for amendment to aviation safety management system prescribed in appendix 40-6 with documents under the following to the Hea
d of the Civil Aviation Safety Authority or the Head of Regional Aviation Administration.
1. A Manual of Aviation Safety Management System
2. Matters to be amended and reasons
3. Comparance Table of old and new Manual of Aviation Safety Management System
(5) the Head of the Civil Aviation Safety Authority or the Head of Regional Aviation Administration, according to above ��, shall approve it when he/she admit the submitted amendment meets the Standards for Approving Aviatio
n Safety Management System in accordance with Appendix 19-4.
Article 143-4 (Establishment and Operation of Accident Prevention and Aviation Safety Program)
(1) Every Air operator shall draw up and operate a program for the prevention of accidents and safety of flight including the following as per Article 49 (2) of the Act:
1. Safety policy and responsibility of the Air operator
2. Collection of reports on the state that can affect flight safety including aircraft accidents and incidents and state deemed to hinder or feared to hinder flight safety and analysis system thereof
3. Independent organization for the operation of the accident prevention and flight safety program and responsibility and scope of business of the persons in charge of the program
4. For any Air operator using an airplane whose maximum take-off mass exceeds 20,000 kg, an operational procedure of the Flight Data Analysis Programme
(2) The collection of reports on aircraft accidents and incidents and analysis system thereof as per subparagraph 2, paragraph (1) shall include the following:
1. Form and method of the report and related procedure
2. Management and analysis of collected contents, investigation methods, and related procedure
3. Analysis as per paragraph (2) or action procedure based on the investigation results
4. Methods that can protect the identity of the reporter and notification method of the results of the actions taken as part of the report contents
5. Methods of disseminating examples of aircraft accidents and incidents for flight safety to the companies concerned and related procedure
(3) The Flight Data Analysis Programme as per subparagraph 4, paragraph (1) shall include the following:
1. Mounting of equipment that can collect flight data and related operational procedure
2. Matters related to flight data and protection of the analysis result
3. Matters related to the utilization of the analysis result
(4) Air Transportation Servicemen shall use the collected flight data and analysis result for the sole purpose of preventing aircraft accidents and securing flight safety and shall ensure that the analysis result is not disclosed.
(5) Flight crew as targets in the analysis of flight data shall neither be punished nor placed at a disadvantage due to the result of the analysis of flight data. In case a crime or an intentional violation of the flight procedure by a flight
crew member is verified, however, this stipulation does not apply.
[Newly Inserted as of Aug. 18, 2006]
(2) All air operator using airplanes whose maximum take-off mass exceeds 20,000 Kg or All air operator using rotorcraft whose maximum take-off mass exceeds 7,000 Kg or capable of carrying more than 9 passengers with opera
ting international air routes shall have the system prescribe by above paragraph �� included flight data analysis program on the following item.
1. Matters on installation and operating procedures of equipment capable of collecting flight data
2. matters of protecting flight data and the analysis result
3. matters on utilizing flight data analysis result
(3) All air operator shall not use the flight data and its analysis result, collected by the proviso of above paragraph ��, other purposes than preventing aircraft accident and ensuring aviation safety and keep it confidential and not
open to the public.
(4) All air operator shall not to give any statical disadvantages such as punishment to the operating crew of aircraft targeted to be analyzed because of the analysis result of flight data in accordance with the above paragraph ��.
Provided that, it is exceptional when identified its criminality or intentional violation of procedures
(2) When verifying matters as per subparagraph 7, paragraph (1), the PIC shall check the following: <Amended as of Aug. 18, 2006>
1. Checking of the aircraft logbook and other records related to maintenance
2. External inspection of the aircraft
3. Inspection of the test run of the engine on the ground
4. Other inspection of the aircraft's operation
(2) When any aircraft serious incident specified in Article 8 occurs, the pilot-in-command or the owner, etc., shall report the matters specified in paragraph (1) to the Head of the Civil Aviation Safety Authority pursuant to Article 50 (
5) of the Act.
[Wholly Amended as of Aug. 18, 2006]
(2) Upon discovering that Incident, etc., as per paragraph (1) occur or occurred, the pilot-in-command or the owner, etc., shall report the matter as follows:
1. In case of failure, etc., specified in subparagraphs 1~13, paragraph (1): The pilot-in-command or owner, etc., of the aircraft for the Air Transportation Service (excluding the cargo transportation service using rotorcraft) shall re
port to the Head of the Civil Aviation Safety Authority or the Administrator of the Regional Aviation Administration pursuant to the conditions prescribed by the Operational Technology Criteria announced as per Article 74-2 of the A
ct the Incident, etc., within 72 hours of occurrence or discovery of such.
2. In case of failure, etc., specified in subparagraphs 14~17, paragraph (1): The pilot-in-command of the aircraft shall report the following matters to the Head of the Civil Aviation Safety Authority or the Administrator of the Regio
nal Aviation Administration immediately using wireless equipment or in writing.
(a) Name of the pilot-in-command who reported the malfunction
(b) Time when the occurrence of malfunction of the Navigation aid was discovered, time and place of occurrence of malfunction of the Navigation aid
(c) Content of the malfunction of the Navigation aid and other matters for reference
[Newly Inserted as of Aug. 18, 2006]
(3) Necessary matters regarding the report on aviation safety obstacles such as receipt, analysis, and dissemination of reports on aviation safety obstacles shall be prescribed and published by the Head of the Civil Aviation Safety
Authority.
[Wholly Amended as of Aug. 18, 2006]
Article 149-2 (Knowledge Requirements for the Recognition of the Operational Qualifications of the Pilot-in-Command)
The pilot-in-command of the aircraft used for the Air Transportation Service as per the provisions of Article 51 (1) of the Act shall have knowledge on the following matters related to the region, air routes and airports. 혻<Amended
as of Aug. 18, 2006; Ministerial Regulations No. 12, May.8, 2008>
1. Topography and minimum safe altitudes
2. Weather characteristics by season
3. Weather, communication, air traffic facilities work and procedure
4. Search and rescue procedure
5. Navigation aids including the long-distance navigation procedures related to the region or the air routes for flying and procedure for their use
6. Flight procedures applied to air routes over densely populated areas and areas with heavy volume of air traffic
7. Navigation aid for obstacle, lighting facilities, and approach, congested areas of the destination airport, and drawings
8. En-route procedures, arrival, departure, and holding procedures of destination airports, and approved instrument approach procedures including the airport
9. Airport operating minima
10. Notice to Airman (NOTAM)
11. Operations Manual
[Newly Inserted as of Sept. 24, 2001]
Article 149-3 (Proficiency Requirements for the Recognition of the Operational Qualifications of Pilots)
A pilot of the aircraft used for the Air Transportation Service as per the provisions of Article 51 (1) of the Act shall have flight skills appropriate for the type of aircraft he/she wants to operate for the airport and air routes in normal as
well as abnormal states and ability to perform emergency procedures. <Amended as of Aug. 18, 2006>
[Newly Inserted as of Sept. 24, 2001]
Article 150 (Accreditation of the Operational Qualifications of Pilots and Application for Examination)
Any person who wishes to be accredited to have operational qualification as per the provisions of Article 51 (1) of the Act shall submit to the Head of the Civil Aviation Safety Authority Application for Accreditation of Operational Qu
alification for Pilots (Form 42). <Amended as of Sept. 30, 2002, Nov. 22, 2003> [Wholly Amended as of Sept. 24, 2001]
Article 151 (Examination for the Accreditation of the Operational Qualifications of Pilots <Amended as of Sept. 24, 2001>)
(1) Accreditation of knowledge and skill as per Article 51 (1) of the Act shall be granted following oral, written, and practical examinations. <Amended as of Aug. 18, 2006>
(2) The Head of Civil Aviation Safety Authority shall appoint competent public officials or designate persons who have appropriate knowledge and experience in the field to those who conduct the examinations as per the provisions
of Article 51 (1) of the Act <Amended as of Jul. 14, 1995, Sept. 30, 2002, and Nov. 22, 2003>
(3) The practical examination as per paragraph (1) shall be conducted through a round-trip flight (including a one-way flight covering more than two consecutive sections of a circular route) carried out jointly by a competent public
official appointed by the Head of the Civil Aviation Safety Authority (hereinafter referred to as an Inspector or a person designated by the Head of the Civil Aviation Safety Authority (hereinafter referred to as designated check pilot)
pursuant to paragraph (2), and the person who wishes to be accredited to have operational qualification boarding an aircraft of the same type and flying the same air route as prescribed: Provided, That the practical examination, a
s per Article 149-3 of the Act, of flight skill in normal and abnormal states and of the ability to perform emergency procedures can be carried out with the flight simulator of an aircraft of the same type as approved by Regional Aviati
on Administrators <Amended as of Jul. 14, 1995, Sept. 24, 2001, Sept. 30, 2002, Nov. 22, and Aug. 18, 2006>
(4) Necessary matters concerning the specifics of the examination and standards for judgment, etc., as per paragraph (1) can be prescribed separately by the Head of the Civil Aviation Safety Authority. <Amended as of Jul. 14, 19
95, Sept. 30, 2002, and Nov. 22, 2003>
Article 152 (Waiving of Experience Requirements Among the Operational Requirements for Pilots <Amended as of Aug. 18, 2006>)
The Head of Civil Aviation Safety Authority may waive the experience requirements as per Article 164-2 (2) when pilots-in-command wishing to cover a newly established scheduled or non-scheduled route fall under any of the foll
owing cases: <Amended as of Sept. 30, 2002, Nov. 22, 2003, and Aug. 18, 2006>
1. When the pilot-in-command receives training on operation procedures including visual equipment on the airport and air route to be covered or drawings of the aerodrome, as confirmed by the designated check pilots
2. When the pilot-in-command has 1,000 flight hours or more as the designated check pilot airman or pilot-in-command of the aircraft to be operated [Wholly Amended as of Sept. 24, 2001]
Article 154 (Regular Examination of the Operational Qualifications of Pilots <Amended as of Sept. 24, 2001>)
(1) The regular examination for accredited pilots with operational qualifications as per Article 51 (2) of the Act shall be conducted at least once a year for airports and air routes to be covered in order to maintain the knowledge and
skill of the pilot-in-command as per Articles 149-2 and 149-3 and to maintain the skill of pilots other than the pilot-in-command as per Article 149-3: Provided, That the regular examination of flight skill in normal and abnormal states
and ability to perform emergency procedures as per Article 149-3 shall be conducted at least twice a year, and either one may be substituted by the line operational flight training using the flight simulator of the same type as specifi
ed by the Regional Aviation Administrators. <Amended as of Aug. 18, 2006>
(3) The regular examination as per paragraph (1) shall be conducted by the person in charge of the conduct of the examination as per the provisions of Article 151 (2).
(4) The provisions of Articles 151 (1), (3), and (4) shall apply mutatis mutandis during the regular examination as referred to in paragraph (1).
Article 155 (Ad Hoc Examination of the Operational Qualifications of Pilots <Amended as of Sept. 24, 2001>)
The Head of Civil Aviation Safety Authority may conduct an ad hoc examination as per the provisions of Articles 51 (2) and (6) of the Act under any of the following cases: <Amended as of Sept. 18, 1998, Sept. 24, 2001, Sept. 30,
2002, and Nov. 22, 2003>
1. In case of an aircraft accident or an abnormal operation
2. When there is an important change in matters specified in Article 149-2
3. In case of an important change in the performance, equipment, or navigation of an aircraft of the accredited type
4. When the pilot has not flown for 6 months or more
5. When the pilot was slapped with an administrative action due to a violation of aviation-related laws or regulations
6. When flying to an airport specified by the Head of the Civil Aviation Safety Authority as one requiring special care in take-off or landing
Article 156 (Cancellation of Accreditation of Operational Qualifications of Pilots <Amended as of Sept. 24, 2001>)
The accreditation of operational qualifications of pilots as per the provisions of Article 51 (3) of the Act shall be canceled in writing by the Head of the Civil Aviation Safety Authority, and the reasons, recorded. <Amended as of Sept
. 24, 2001, Sept. 30, 2002, and Nov. 22, 2003>
Article 157 (Application for Designation as Designated Air operator <Amended as of Sept. 24, 2001>)
(1) Any Air operator wishing to be designated as per the provisions of Article 51 (4) of the Act shall submit to the Head of the Civil Aviation Safety Authority an Application for Designation specifying the following information: <Amen
ded as of Jul. 14, 1995, Sept. 24, 2001, and Sept. 30, 2002>
1. Name and address
2. License number and license issue date for the Air Transportation Service
3. Route for the Air Transportation Service
4. Number of aircraft by type, number of pilots, and number of persons accredited as per the provisions of Article 51 of the Act
(2) For the Application as per paragraph (1), regulations for training and examination containing the following information shall be attached: <Amended as of Sept. 24, 2001>
1. Accreditation, examination method, and organization system thereof for persons possessing the operational qualifications of pilots and wishing to be accredited and persons who shall take the examination (hereinafter referre
d to as Pilot Trainee) as per the provisions of Articles 51 (1) and (2) of the Act
2. Criteria for the selection of those who want to be pilot trainees, etc., apply for accreditation, or want to be persons in charge of examination work (hereinafter referred to as Candidate for Designated check pilots) and organiza
tion system thereof
3. Training system and method for pilot trainee, etc., and candidate for Designated check pilots
4. Preparation of records of accreditation, examination, and selection and storage methods
(3) When the application as per paragraph (1) is deemed appropriate based on the standards specified in Article 158, the Head of the Civil Aviation Safety Authority shall designate the person who is qualified to accredit or examin
e the pilots under his control as a designated Air operator (hereinafter referred to as Designated Air operator). <Amended as of Jul. 14, 1995, Sept. 24, 2001, and Sept. 30, 2002>
(4) In the case of paragraph (3), the Head of the Civil Aviation Safety Authority may specify the type of aircraft that can be used for the accreditation or examination for the Air operator. In this case, a newly introduced aircraft shall
only be recognized as an aircraft of the type for accreditation or examination after one year has passed. <Amended as of Jul. 14, 1995, Sept. 30, 2002>
(5) Any designated Air operator wishing to change the regulations for training and examination as per paragraph (2) shall obtain prior approval from the Head of the Civil Aviation Safety Authority. <Amended as of Jul. 14, 1995, Se
pt. 24, 2001, and Sept. 30, 2002>
Article 158 (Designation Standards for the Designated Air operator <Amended as of Sept. 24, 2001>)
The following are the designation standards for the designated Air operator as per the provisions of Article 51 (4) of the Act: <Amended as of Jul. 14, 1995, Sept. 24, 2001, and Sept. 30, 2002>
1. There shall be an organization for selecting pilot trainees, etc., and candidates for designated check pilot, and the selection criteria shall be appropriate considering the aircraft type, number of aircraft owned, routes, etc.
2. There shall be an organization for the training of pilot trainees, etc., and candidates for designated check pilot, and sufficient instructors for the pilot training and training facilities shall be secured.
3. The training subjects, time, and training methods for pilot trainees, and candidates for the designated check pilot shall be appropriate considering the aircraft type, number of aircraft owned, routes, etc.
4. The required number of candidates for designated check pilot for accreditation and examination as per the provisions of Article 51 (4) of the Act shall be secured.
5. The independence of rights of persons in charge of accreditation and examination work shall be guaranteed.
6. The contents of accreditation and examination, evaluation standards, and cancellation criteria for accreditation shall be based on the contents of accreditation and examination, evaluation standards, and cancellation criteria f
or accreditation as adopted by the Head of the Civil Aviation Safety Authority as per the provisions of Articles 51 (1)~(3) of the Act.
7. The preparation of related records and storage method shall be appropriate.
Article 159 (Cancellation of Designation as Designated Air operator <Amended as of Sept. 24, 2001>)
The Head of Civil Aviation Safety Authority may cancel the designation of a designated Air operator under any of the following cases: <Amended as of Jul. 14, 1995, Sept. 24, 2001, and Sept. 30, 2002>
1. When the Air operator obtained the designation through fraudulent means or other illegal methods
2. When the person in charge of accreditation or examination performed the accreditation or examination as per the provisions of Article 51 (4) using illegal methods
3. When the Air operator violated regulations on training and examination as per the provisions of Article 157 (2)
4. When the Air operator is no longer deemed to meet the designation standards as prescribed in Article 158
5. When the Air operator violates a relevant law, or its related orders or directives
(2) For the Application as per paragraph 1, documents verifying that for the candidate for designated check pilot meets the requirements prescribed as per Article 162 shall be attached.
(3) If the Application as per paragraph (1) meets the requirements as per Article 162, the Head of the Civil Aviation Safety Authority shall designate the applicant as the person in charge of accreditation or examination.<Amended
as of Jul. 14, 1995, Sept. 30, 2002, and Nov. 22, 2003>
(4) Any applicant who has been designated as per paragraph (3) shall be considered to possess the qualification of a designated check pilot as per the provisions of Article 151 (2).
(2) The provisions of Articles 151 (1), (3), and (4) shall be based on the examination conducted by the Head of the Civil Aviation Safety Authority for designation as per the stipulation of paragraph (1). <Amended as of Jul. 14, 199
5, Sept. 30, 2002, and Nov. 22, 2003>
(3) The examination as per paragraph (2) shall be conducted by the person in charge of the examination as per the provisions of Article 151 (2).
Article 162 (Qualification of the designated check pilots <Amended as of Sept. 24, 2001>)
(1) The following are the requirements for commissioning or designation: <Amended as of Sept. 18, 1998, Sept. 24, 2001, and Nov. 22, 2003>
1. 2,000 hours or more of flight time as the pilot-in-command of an aircraft used in the Air Transportation Service or 1,000 hours or more of flight time as the pilot-in-command of an aircraft of a specified type together with the ne
cessary training to become a designated check pilot
2. Person accredited to have a operational qualification as a pilot
3. Person with the necessary knowledge and skill as necessary for the accreditation and examination of pilots
4. Person suspended from aviation work as per the provisions of Article 33 of the Act, but two years has passed since the expiration of the suspension period or the date the suspension was lifted
(2) Notwithstanding paragraph (1), any pilot-in-command with knowledge and skill, for whom an air operator submitted an application, can be designated as a Designated check pilot in case no one meets the requirements of para
graph (1) or if deemed necessary by the Head of the Civil Aviation Safety Authority. <Amended as of Nov. 30, 1994, Jul. 14, 1995, Sept. 30, 2002, and Nov. 22, 2003>
(2) Examination as per paragraph (1) shall be conducted pursuant to the Examination Table for designated check pilots, etc., as prescribed by the Head of the Civil Aviation Safety Authority. <Amended as of Nov. 22, 2003>
(3) Examinations as per paragraph (1) shall be conducted by an inspector. However, in case of reasons such as the introduction of a new type of aircraft or an accident involving the inspector, a designated check pilot may be desi
gnated for the examination. <Amended as of Sept. 24, 2001, Sept. 30, 2002, and Nov. 22, 2003>
(4) In the case of examination as described in paragraph (1), the provisions of Articles 151 (1), (3), and (4) shall apply mutatis mutandis.
(2) The Head of Civil Aviation Safety Authority may cancel the designation under any of the following cases: <Amended as of Jul. 14, 1995, Sept. 30, 2002, and Nov. 22, 2003>
1. When the Designated check pilot, etc., obtained the designation through fraudulent means or other illegal methods
2. When the accreditation or examination as per Articles 51 (1), (2), and (4) was carried out based on illegal methods
3. When a major air accident occurred due to a mistake
4. When the Designated check airman, etc., violates a relevant law, or its orders, or directives.
(3) The Head of Civil Aviation Safety Authority shall have the inspector to conduct regular and random inspections on the overall business related to the operational qualifications of pilots including records of the accreditation or ex
amination conducted by the designated check pilots. <Newly inserted as of Sept. 24, 2001, Sept. 30, 2002, and Nov. 22, 2003>
Article 164-2 (Experience Requirements for Air Routes and Airports for the Pilot-in-Command)
(1) For purposes of Article 51 (7) of the Act, the term "the region, air routes and airports prescribed by the Ministerial Regulations of the Aviation Act "refers to the region, air routes and airports prescribed in the Flight Safety Regul
ation promulgated by the Head of the Civil Aviation Safety Authority pursuant to Article 74-2 of the Act considering the topography and obstacles of the vicinity and approach and departure methods.
(2) The pilot-in-command of an aircraft used for the Air Transportation Service as per Article 51 (8) shall have the experience prescribed in the Flight Safety Regulation promulgated by the Head of the Civil Aviation Safety Authority
pursuant to Article 74-2 of the Act.
[Newly Inserted as of Aug. 18, 2006]
Article 165 (Application as Designated Air operator and Report on Examination Result <Amended as of Sept. 24, 2001>)
(1) When a designated Air operator applies for accreditation or examination as per Article 51 (4), the provisions of Articles 149, 149-2, 149-3, 150, 151 (1) and (3), 152, 153, 154 (1), 155, and 156 shall apply mutatis mutandis to Art
icle 51 (4) of the Act. <Amended as of Sept. 24, 2001>
(2) The designated Air operator shall report the results of accreditation or examination to the Head of the Civil Aviation Safety Authority as per the provisions of Article 51 (4) of the Act by the 20th of the following month. <Amended
as of Jul. 14, 1995, Sept. 24, 2001, Sept. 30, 2002, and Nov. 22, 2003>
(2) The Air operator shall not allow any flight dispatcher who has not been engaged in flight dispatching work for more than 12 months in a row to perform flight dispatching work unless he/she has been verified to possess the kno
wledge and experience stipulated in paragraph (1).
[Newly Inserted as of Aug. 18, 2006]
Article 168 (Application for Permission to Take off from or Land on Places Other Than Airport)
(1) Any person willing to take off from or land on any place other than the airport as per the proviso of Article53 of the Act shall submit to the Administrator of the Regional Aviation Administration an Application for Permission to tak
e off from or land on places other than airport specifying the following required information:
1. Name and address
2. Type and registration mark of the aircraft
3. Date and place of take-off or landing (sketch map of the place to be attached)
4. Reason for take-off or landing
5. Measures for preventing an accident
6. Outline of the flight plan (purpose of the flight, date, and route to be recorded)
7. Name and qualification of the pilot
8. Other references
(2) Any person willing to take off from or land on a place other than an airport within 6 months can specify the place for take-off or landing and apply for permission to take off from or land on such place. In this case, the person see
king permission shall submit a document that can verify that the specified place is safe for the take-off or landing of an aircraft.
(2) Before embarking on a flight, the pilot-in-command shall familiarize himself/herself with the current weather observation report, meteorological forecast, amount of fuel required, alternate flight route, and other information neces
sary for the flight.
(3) The pilot-in-command shall take care not to cause any damage to human life or property during a flight.
(4) The pilot-in-command shall fly such that collision with another aircraft or other object is avoided and take measures to prevent collision as an avoidance maneuver in case of a warning instruction issued from the airborne collisi
on avoidance system. <Amended as of Jun. 29, 2007>
[Newly Inserted as of Aug. 18, 2006]
Article 172 (Permit to Fly Below the Minimum Flight Altitude <Amended as of Aug. 18, 2006>)
Any person intending to fly below the minimum flight altitude pursuant to the proviso of parts other than any of the subparagraphs of Article 55 of the Act shall submit to the Administrator of the Regional Aviation Administration an A
pplication for Flight Permit specifying the following information: <Amended as of Aug. 18, 2006>
1. Name and address
2. Type and registration mark of the aircraft
3. Outline of the flight plan (purpose of the flight, date, route, and altitude to be recorded)
4. Reason for flying below the minimum flight altitude
5. Name and qualification of the pilot
6. Name of the fellow passenger and purpose of accompaniment
7. Other references
(2) The pilot-in-command of the aircraft under the unlawful interference shall try to land safely at a closest airport or the airport designated by Air Traffic Services as best as he/she could
(3) An aircraft subject to unlawful interference but is unable to notify the relevant air traffic service unit accordingly as per paragraph (1) shall take the following measures:
1. The pilot-in-command shall operate92 the aircraft under the situation incapable of flying to the airport prescribed above(2) while maintaining the assigned air route and cruising level until the relevant air traffic service unit can
be notified of the matter described in paragraph (1) or until the aircraft enters the range of radar or ADS coverage.
2. When forced to deviate from the assigned air route and cruising level in a situation wherein radio communication with the relevant air traffic service unit is impossible, the pilot-in-command shall take the following measures as
best as he/she could:
(a) Attempt to broadcast warnings to the extent allowed by the situation inside the aircraft using VHF frequency presently used, VHF emergency frequency of 121.5 Mhz and UHF emergency frequency (121.5Mhz) or other availa
ble frequency.
(b) Notify the relevant air traffic service unit that the aircraft has been subject to unlawful interference using the transponder (Mode3/A or Mode C SSR transponder) for secondary surveillance air traffic control radar or data link mo
unting equipment.
(c) Continue the flight at a level that differs from the cruise level usually used for IFR flights by 300 m in a region where vertical separation of 600 m applies or by 150 m in a region where vertical separation of 300 m applies.
[Wholly Amended as of Aug. 18, 2006; Amended by Ministerial Regulations No. 12, May.8, 2008]
(2) Notwithstanding subparagraphs 6~14, paragraph (1), an aircraft shall follow any instruction issued by the air traffic control service unit.
[Wholly Amended as of Aug. 18, 2006]
(2) The cruising level of an aircraft shall be expressed by the following classification:
1. In case the cruising altitude exceeds the transition altitude: Flight level
2. In case the cruising altitude is below the transition altitude: Altitude
[Wholly Amended as of Aug. 18, 2006]
(2) Any aircraft flying or operating on the ground or water shall yield the right of way to an aircraft that is landing or making a final approach to land.
(3) In between two aircraft approaching the airport to land, the one at a high altitude shall yield the right of way to the one at a low altitude. In this case, the aircraft at a low altitude shall neither intrude in front of the aircraft that is in t
he stage of final approach nor pass the aircraft.
(4) Notwithstanding paragraph (3), a motor aircraft shall yield the right of way to a glider.
(5) Any aircraft seeing another aircraft making an emergency landing shall yield the right of way to such aircraft.
(6) Any aircraft operating in the maneuvering area of an airport shall yield the right of way to an aircraft that is taking off or attempting a take-off.
[Wholly Amended as of Aug. 18, 2006]
(2) Any aircraft yielding the right of way to another aircraft shall not pass above, below, or in front of such aircraft: Provided, That this shall not apply in cases wherein the influence of distance or wake turbulence is sufficiently taken
into account.
(3) When two aircraft are approaching from the opposite directions such that collision is possible or are behaving in a similar manner, both aircraft shall turn their noses to the right.
혻
(4) An aircraft attempting to pass (including pass by climbing or descending) another aircraft at less than 70째 of the rear left or right shall pass on the right side of the aircraft being overtaken. In this case, the overtaking aircraft sha
ll maintain a safe distance from the aircraft being overtaken and shall refrain from interfering with the flight course of the aircraft being overtaken.
[Wholly Amended as of Aug. 18, 2006]
(2) At an altitude of 750 m (2,500 ft) from the ground level within a 7.4-km (4 NM) radius from an airport located in Class C or D airspace as prescribed in Appendix 16, an aircraft shall operate at IAS of 200 knots or less: Provided,
that this shall not apply to cases approved by the relevant air traffic control unit.
(3) In a visual flight path passing through an area of the range and altitude published by the Head of the Civil Aviation Safety Authority for Class B airspace as prescribed in Appendix 16 by airport or Class B airspace, an aircraft sh
all operate at IAS of 200 knots or less.
(4) An airplane whose minimum safe speed is higher than the maximum speed as per paragraphs (1)~(3) shall operate at the minimum safe speed of such aircraft.
[Wholly Amended as of Aug. 18, 2006]
(2) A pilot-in-command intending to fly in formation in a controlled airspace under subparagraph 1, Article 38 (2) of the Act as per paragraph (1) shall observe the following matters:
1. The pilot-in-command in charge of the formation shall regard the aircraft of the formation as a single aircraft and report the flight location to the relevant air traffic control unit.
2. When assembling or dispersing the aircraft of the formation, the pilot-in-command in charge of the formation shall separate them appropriately.
3. The separation shall be within 1 km lengthwise and widthwise and 30 m vertically from the aircraft in charge of the formation.
[Wholly Amended as of Aug. 18, 2006]
(2) When towing objects other than a glider, an aircraft shall observe the following standards:
1. Red and white marks shall be placed alternately on the towing line at 20-m intervals.
2. Assign a contact person on the ground.
[Wholly Amended as of Aug. 18, 2006]
(2) An aircraft on VFR flight at night shall observe the stipulations prescribed by the Administrator of the Regional Aviation Administration or operator of the airport in question.
(3) Under any of the following conditions, an aircraft shall fly in accordance with the instrument flight rules (IFR) regardless of the meteorological condition: Provided, That this shall not apply in case of approval by the relevant air tr
affic control unit.
1. When an aircraft flies at an altitude of more than 6,100 m (20,000 ft) from the mean sea level
2. When an aircraft flies at transonic or supersonic speed
(4) In RVSM (Reduced Vertical Separation Minimum), airspace between 8,850 m (29,000 ft) and 12,500 m (41,000 ft) where minimum vertical separation of 300 m (1,000 ft) is applicable, any VFR flight shall not be allowed.
(5) An aircraft on VFR flight shall not fly at an altitude below the minimum flight level as per the items in subparagraph 1, Article 171: Provided, That this shall not apply under any of the following conditions:
1. During the take-off or landing of an aircraft
2. When approval is issued by the air traffic service unit
3. During an emergency when an aircraft is at an altitude that enables landing without risk to the persons or properties on the ground
[Wholly Amended as of Aug. 18, 2006]
(2) Under any of the following conditions, an aircraft on VFR flight shall operate in accordance with the instructions given by the air traffic control unit:
1. When operating in Class B, C, or D airspace as prescribed in Appendix 16
2. When operating in the vicinity of a controlled airport or at a maneuvering area
3. When flying based on special visual flight rules
(3) An aircraft on VFR flight in the control zone shall maintain and listen to the air-to-ground communication with the air traffic service unit and report the position of the aircraft as necessary.
(4) When an aircraft on VFR flight attempts to change to IFR flight, the relevant air traffic control unit shall be notified of the changes in the flight plan.
[Newly Inserted as of Aug. 18, 2006]
(2) When making a special visual flight (excluding special visual flight by a rotorcraft), an aircraft can take off or land only under the following conditions based on the standards stipulated in paragraph (1):
1. Ground visibility shall be 1,500 m or more.
2. In case ground visibility is not reported, flight visibility shall be 1,500 m or more.
[Newly Inserted as of Aug. 18, 2006]
(2) The precision approach procedure as per subparagraph 2, paragraph (1) can be classified as follows depending on the decision height (DH: the highest level among the approved decision heights by the pilot-in-command and
aircraft in the approach procedure; the same shall apply hereinafter) and visibility or runway visual range (RVR):
Category 3A (Category ��-A less than 30 m (100 ft) or N RVR of 200 m (700 ft) or higher
) o DH less than 350 m (1,200 ft)
Category 3B (Category ��-B less than 15 m (50 ft) or No RVR of 50 m (150 ft) or higher
) DH less than 200 m (700 ft)
Category 3C
No DH No RVR
(Category ��-C)
(3) The classification by category in the Table as per paragraph (2) shall follow that prescribed in Annex 14 of the Convention on International Civil Aviation.
[Newly Inserted as of Aug. 18, 2006]
(2) Any aircraft on IFR flight attempting to change to VFR flight shall notify the relevant air traffic service unit of the cancellation of an instrument flight and change of flight plan.
(3) Notwithstanding paragraph (2), an aircraft on IFR flight shall not cancel the IFR flight in case the meteorological condition for visual flight is expected to be temporary.
[Newly Inserted as of Aug. 18, 2006]
(2) An aircraft attempting to fly on IFR flight plan within the controlled airspace shall fly at the cruising level prescribed in Appendix 19-5: Provided, That this shall not apply in case of a separate instruction from the relevant air traffic
service unit.
[Newly Inserted as of Aug. 18, 2006]
(2) Any aircraft on IFR flight in an uncontrolled airspace shall maintain bidirectional air-to-ground radio communication with the air traffic service unit providing flight information and report the position of the aircraft in accordance wit
h Article 189-3.
[Newly Inserted as of Aug. 18, 2006]
Article 186-5 (Flight, Approach, Landing, and Take-off Based on Instrument Flight Rules(IFR))
(1) The pilot of an aircraft on IFR flight approaching land shall fly in accordance with the following standards:
1. The pilot shall observe the instrument approach procedure established at the airport.
2. When the meteorological condition is below the meteorological minima for landing of the instrument approach procedure, do not attempt approach for landing at an altitude lower than the decision height (DH) or minimum des
cent altitude (MDA: the highest level of the approved descent altitudes by the pilot or aircraft in the non-precision approach procedure; the same shall apply hereinafter): Provided, That this shall not apply under any of the following
conditions:
(a) The aircraft shall be in a position to descend for landing on the runway in accordance with the normal descent rate and in a normal manner.
(b) Flight visibility shall be better than that prescribed in the instrument approach procedure.
(c) The pilot shall be able to see and identify clearly more than one of the following visual references related to the runway in question (excluding the case wherein the precision approach procedure corresponds to category 2 or c
ategory 3 as per Article 186 (2)):
(i) Approach lights system (ALS): In case the pilot cannot clearly identify red side row bars or red terminating bars among the components of the approach lights, the aircraft shall not descend to an altitude below 30 m (100 ft) fro
m the surface of the touchdown zone of the runway.
(ii) Threshold
(iii) Threshold markings
(iv) Threshold lights
(v) Threshold identification lights
(vi) Visual Approach Slope Indicator (VASI) or Precision Approach Path Indicator (PAPI)
(vii) Touchdown zone or Touchdown zone markings
(viii) Touchdown zone lights
(ix) Runway or runway markings
(x) Runway lights
3. If any of the following conditions occurs, but none of the requirements of item (c), paragraph (2) are satisfied, or in case the airport cannot be identified with the naked eye during the circling at an altitude above the minimum d
escent altitude (MDA), the pilot shall execute a missed approach (i.e., a flight approach established for the aircraft attempting an instrument approach but failing to land; the same shall apply hereinafter) immediately:
(a) When the aircraft is flying at an altitude lower than MDA
(b) When the aircraft reached the location for a missed approach (including the determined decision height ; the same shall apply hereinafter)
(c) When making a touchdown on the runway at the location of a missed approach
(2) When flight visibility is below that stipulated in the instrument approach procedure of the target airport for landing, the pilot shall not land: Provided, That this shall not apply to the aircraft used by the military as per Article 2-3 (1)
and aircraft to be used by the United States of America as per paragraph Article 2-3 (3).
(3) The pilot shall take off only when the meteorological condition is above the meteorological minima for take-off as prescribed by the civilian airport concerned: Provided, That this shall not apply in case of permission from the He
ad of the Civil Aviation Safety Authority.
(4) In the case of a radar vector for the final approach course or fix, a timed approach from a holding fix, or an approach for which the procedures specify "no procedure turn" as per subparagraph 2, paragraph (5), no pilot may ma
ke a procedure turn unless cleared to do so by the relevant air traffic control unit.
(5) The procedures for airway navigation and radar use other than the instrument approach procedure as per subparagraph 1, paragraph (1) are as follows:
1. Radars for air traffic control can be used for surveillance approach or precision approach or used together with the instrument approach procedure that uses another radio system for navigation safety.
2. Radio vectors can be used for the course guide to enable the aircraft to approach the final approach course or fix.
3. When flying an airway that is not established, or if an approach by radar vectors is permitted, the pilot shall observe the altitude prescribed in Article 171 until the aircraft reaches the announced airway or the flight sector for in
strument approach procedure. In case no altitude is finally announced by the air traffic control unit, priority shall be given to such notification.
4. In case an altitude was finally received from the relevant air traffic control unit as per paragraph (3), the pilot shall descend at an altitude approved for the airway once the aircraft approaches the announced airway or the flight
path for the instrument approach procedure.
5. When arriving at the final approach course or fix, the pilot can implement instrument approach according to the procedure approved for the system or continue the surveillance radar approach or precision radar approach until
the landing.
(6) The Instrument Landing System (ILS) shall be made up of the following:
1. The Instrument Landing System (ILS) shall consist of a localizer (LLZ), a glide scope (GP), an outer marker, a middle marker, and an inner marker.
2. For CAT-1 precision approach system, an inner marker may not be installed.
3. The outer marker and middle marker may be replaced by distance measuring equipment (DME).
4. When the inner marker shall not be installed in CAT-II or CAT-III precision approach system, the reason shall be specified in the Application for Permission to Install Navigation aid.
(7) During take-off or landing or flying the airspace controlled by the military unit, the pilot shall observe the instrument flight procedure or air traffic control instructions prepared by the military Aerodrome or the military unit concern
ed: Provided, That this shall not apply in case of a stipulation to the contrary by the Head of the Civil Aviation Safety Authority in consultation with the head of the military Aerodrome or military unit concerned.
(8) When flying in accordance with the precision instrument approach procedure of CAT-II or CAT-III instrument landing system (ILS), any of the following requirements shall apply (for the aircraft of an air traffic businessman as per
Articles 112, 132, and 147 of the Act, however, the stipulations of subparagraphs 2 and 3 do not apply):
1. Any pilot flying in accordance with the precision instrument procedure with decision height (DH) of CAT-II or CAT-III instrument landing system (ILS) shall not attempt to land at an altitude lower than the approved decision hei
ght (DH): Provided, That this shall not apply if the approach was approved by the Head of the Civil Aviation Safety Authority or under any of the following subparagraphs:
(a) When the pilot is in a location to descend on a touchdown zone of the runway in accordance with the normal descent rate and in a normal manner
(b) When the pilot can identify any of the following visual references on the runway with the naked eye:
(i) Approach lights system; when the pilot can identify approach lights only but not red side row bars or red terminating bars among the components of the approach lights system, however, the aircraft shall not descend to an alti
tude below 30 m (100 ft) from the surface of the runway
(ii) Threshold
(iii) Threshold markings
(iv) Threshold lights
(v) Touchdown zone or touchdown markings
(vi) Touchdown zone lights
2. Any pilot willing to fly in accordance with the precision instrument approach procedure of CAT-III instrument landing system (ILS) without decision height (DH) shall obtain approval from the Head of the Civil Aviation Safety Au
thority in advance.
3. The following are the general standards for operation of the precision instrument approach procedure of CAT-II and CAT-III instrument landing system (ILS):
(a) A pilot using the precision instrument approach procedure of CAT-II or CAT-III instrument landing system (ILS) shall comply with the following standards:
(i) The pilot-in-command and co-pilot using the precision instrument approach procedure of CAT-II instrument landing system (ILS) shall obtain approval from the Administrator of the Regional Aviation Administration for the oper
ation of the precision instrument approach procedure of CAT-II instrument landing system (ILS).
(ii) The pilot-in-command and co-pilot using the precision instrument approach procedure of CAT-III instrument landing system (ILS) shall obtain approval from the Administrator of the Regional Aviation Administration for the ope
ration of the precision instrument approach procedure of CAT-III instrument landing system (ILS).
(iii) The pilot shall be familiar with the precision instrument approach procedure of the instrument landing system (ILS) and aircraft that he/she is using.
(b) The aircraft control panel in front of the pilot shall have the equipment required to implement the precision instrument approach procedure of the instrument landing system (ILS).
(c) The airport and aircraft shall have the ground equipment for the precision instrument approach of the instrument landing system (ILS) and equipment required for the aircraft as prescribed in Appendix 19-6.
4. When the aircraft of the Air operator as per Articles 112, 132, and 147 of the Act flies in accordance with the precision instrument approach procedure of CAT-II or CAT-III instrument landing system (ILS), the standards prescri
bed in Appendix 19-6 shall be observed.
(9) When the standards for items (a) and (b) of subparagraph 1, paragraph (8) are not observed, the pilot shall execute a missed approach before making a touchdown on the runway: Provided, That this shall not apply in case of
approval by the Head of the Civil Aviation Safety Authority.
[Newly Inserted as of Aug. 18, 2006]
(3) Notwithstanding paragraph (2), Repetitive Flight Plan Listing (Form 44-2) can be submitted to the director of the Air Traffic Center when submitting the flight plan for an aircraft used for the Air operation Service.
(4) In case the person who should submit a flight plan as per paragraph (1) flies more than two countries or provides commercial transport of passengers or freight, General Declaration (Form 43-2) shall be submitted prior to the ai
rcraft's departure.
[Wholly Amended as of Aug. 18, 2006]
(2) An aircraft shall fly along the center line of the airway or the straight line between the Navigation aid and specified points of the airway in case the airway is not established: Provided, That this shall not apply to cases wherein th
e aircraft follows the decision especially made by the Head of the Civil Aviation Safety Authority or a separate instruction is received from the relevant air traffic control unit.
(3) In case the stipulation of paragraph (2) cannot be observed, the aircraft shall notify the relevant air traffic control unit accordingly.
(4) An aircraft flying the airway established by the VHF omnidirectional range (VOR) shall change the frequency from the Navigation aid of the aircraft's rear to that of the aircraft's front at the position of change or the closest appro
ximation in case a position for frequency change is established.
혻
(5) In case a controlled aircraft making deviations from the flight plan due to negligence, any of the following measures shall be taken:
1. When the aircraft deviates from the airway, the nose of the aircraft shall be adjusted to enable immediate return to the airway.
2. In case of a difference between the true airspeed of the aircraft and mean true airspeed among the report positions at the cruising level, or if the true airspeed is expected to fall short of or exceed the true airspeed in the flight
plan by 5%, the relevant air traffic service unit shall be notified accordingly.
3. In case of an error of 3 minutes or more in the estimated time of arrival at the nearest area among the next fix, Flight information region boundary position, or destination aerodrome, the relevant air traffic service unit shall be
notified of the new estimated time of arrival.
(6) In case the meteorological condition deteriorates to a state below the visual meteorological condition, an aircraft on VFR flight shall take one of the following measures if operation by VFR is no longer deemed possible:
1. Request for either a revised air traffic control clearance to fly to the destination aerodrome or an alternate aerodrome while maintaining visual meteorological condition or a revised air traffic control clearance to deviate from th
e controlled airspace and fly.
2. In case the air traffic control clearance as per paragraph (1) is not received, notify the relevant air traffic control unit that the aircraft will take measures to deviate from the controlled airspace or to land at a nearby aerodrome
while maintaining the visual meteorological condition.
3. Request the relevant air traffic control unit for an operation permit based on special visual flight rules (SVFR) (limited to the case wherein the aircraft is flying inside the control zone).
4. Request the relevant air traffic control unit for an operation permit based on instrument flight rules (IFR).
[Newly Inserted as of Aug. 18, 2006]
(2) An alternate take-off aerodrome as per subparagraph 1, paragraph (1) shall satisfy the following requirements:
1. In the case of a twin-engine aircraft, the alternate take-off aerodrome shall be located within a 1-hour flight distance from the origin aerodrome at the cruising level speed when one of the twin engines is not operating.
2. In the case of a three-engine (or more) aircraft, the alternate take-off aerodrome shall be located within a 2-hour flight distance from the origin aerodrome at the cruising level speed when one of the engines is not operating.
(3) When a person wishes to operate an aircraft other than those used in the Air Transportation Service based on instrument flight rules (IFR), more than one alternate destination aerodrome shall be designated: Provided, That thi
s shall not apply to any of the following cases:
1. The meteorological condition of the aerodrome for the intended landing is expected (and guaranteed) to change for the better during the flight or by the estimated time of arrival, and approach and landing are expected (and g
uaranteed) to be possible for a certain period before or after the estimated arrival time under the visual meteorological condition.
2. The aerodrome for the intended landing is located in a remote area, and there is no appropriate alternate destination aerodrome.
(4) In case the alternate destination aerodrome is not required as per the proviso of parts other than the subparagraphs of paragraph (3) and its subparagraphs, the flight shall not start when the following standards are not observe
d:
1. Standard instrument approach procedures shall be established at the aerodrome for the intended landing.
2. The meteorological condition two hours prior to and two hours after the estimated time of arrival shall be forecasted as follows:
(a) The ceiling shall be 300 m (1,000 ft) or more than the minimum of the instrument approach procedures.
(b) Visibility shall be 5,500 m or more or 4,000 m or more than the minimum of the standard instrument approach procedures.
(5) When a person wishes to operate rotorcraft used in the Air Transportation Service shall designate more than one appropriate alternate heliport under the following cases:
1. The meteorological condition of the heliport for the intended landing is under the heliport operating minima : more than one take-off alternate heliports
2. When a person wishes to operate rotorcraft based on instrument flight rules (IFR) : moe than one destination alternate heliport. Provided, That this shall not apply to any of the following cases
(a) The meteorological condition of the heliport for the intended landing is expected (and guaranteed) to change for the better during the flight or by the estimated time of arrival, and approach and landing are expected (and guara
nteed) to be possible for a certain period before or after the estimated arrival time under the visual meteorological condition.
(b) The heliport for the intended landing is located in a remote area, and there is no appropriate alternate heliport. In this case, the flight plan shall be marked with the point of no return point
3. The forecasted meteorological condition of the heliport for the intended landing is under the heliport operating minima: more than two destination alternate heliports. In this case, the heliport operating minima of the first altern
ate heliport shall be higher than that of the heliport for the intended landing and the second alternate heliport shall be higher than that of the alternate heliport.
(6) The alternate heliport prescribed in above (5) shall be designated after certifying information such as available time of heliport or heliport operating minima of heliport to be used as alternated heliport.
(7) In case of an operation of rotorcraft other than those used in the Air Transportation Service based on the instrument flight rules (IFR), more than one appropriate alternate heliport shall be designated: Provided, That this shall n
ot apply to the following cases:
1. In case the meteorological condition of the heliport for the intended landing is forecast as follows two hours prior to and two hours after the estimated time of arrival as well as from the actual time of departure to two hours afte
r the estimated time of arrival (whichever is shorter):
(a) The ceiling shall be 120 m (400 ft) or more than the minimum of the instrument approach procedures.
(b) Visibility shall be 1,500 m or more than the minimum of the instrument approach procedures.
2. Under any of the following cases:
(a) The heliport for the intended landing is located in a remote area, and there is no appropriate alternate heliport.
(b) The instrument approach procedures are established at the heliport for the intended landing.
(c) The alternate heliport to return to cannot be designated because the destination heliport is located offshore.
(8) In case the alternate heliport as per paragraphs (5) and (7) is an offshore alternate heliport, the following requirements shall be satisfied (in case fuel capacity is sufficient to fly to the onshore alternate heliport, however, the offs
hore heliport may not be designated):
1. An offshore alternate heliport shall be designated at a point beyond the point of no return; up to the point of no return, an onshore alternate heliport shall be designated.
2. When determining an appropriate alternate heliport, the major control systems and parts shall be reliable.
3. Even when one of the engines becomes inoperative before a rotorcraft arrives at the alternate heliport, securing sufficient performance should be possible to fly to the alternate heliport.
4. The use of a deck shall be guaranteed.
5. The weather information shall be accurate and reliable.
(9) In case the designation of an alternative heliport is not required as per the proviso of parts other than the subparagraphs of paragraph (5)-2. and its subparagraphs, the flight shall not start when the standards in subparagraph 1
, paragraph (7) are not observed.
[Wholly Amended as of Aug. 18, 2006]
Article 188-2 (Meteorological condition of the Aerodrome for the Intended Landing)
(1) The meteorological condition of the alternate take-off aerodrome as per subparagraph 1, Article 188 (1) shall be above the aerodrome operating minima at the estimated time of arrival of the aircraft.
(2) In case the weather information of the aerodrome for the intended landing as per subparagraph 3, Article 188 (1) can be used, or the designation of an alternate destination aerodrome is required, the flight shall start when the
meteorological condition of at least one alternate destination aerodrome is above the aerodrome operating minima at the estimated time of arrival.
(3) In case the designation of an alternate destination aerodrome as per Article 188 (3) is required, the flight shall start when the meteorological condition of the aerodrome for the intended landing and that of at least one alternate
destination aerodrome are above the aerodrome operating minima at the estimated time of arrival.
(4) In case the weather information for the heliport for the intended landing as per Article 188 (5) can be used, or the designation of an alternate heliport is required, the flight shall start when the meteorological condition of at least
one alternate heliport is above the heliport operating minima at the estimated time of arrival.
(5) In case the designation of an alternate heliport is required as per Article 188 (6), the flight shall start when the meteorological condition of the heliport for the intended landing and that of at least one alternate heliport are above t
he heliport operating minima at the estimated time of arrival.
[Wholly Amended as of Aug. 18, 2006]
(2) Notwithstanding paragraph (1), in case the appropriate communication facilities are not provided for arrival reporting after landing on the arrival aerodrome, the arrival report shall be sent to the relevant air traffic service unit im
mediately before landing.
[Wholly Amended as of Aug. 18, 2006]
(2) Notwithstanding paragraph (1), any foreigner operating a foreign aircraft, obtaining an approved CAT-II or CAT-III precision approach operation plan from that foreign country, and wishing to land on a Korean runway equipped
with the precision approach procedures of the same category shall submit to the Administrator of the Regional Aviation Administration an Application for Approval of Precision Approach Operation Plan containing the following infor
mation together with a copy of the Approved Precision Approach Operation Plan obtained from said foreign country and a document containing the precision approach operation procedures written in Korean or English:
1. Name and address
2. Type and registration mark of the aircraft
3. Other references
(3) The procedures for approval of the CAT-II and CAT-III precision approach operation plan pursuant to paragraph (1) shall be determined by the Head of the Civil Aviation Safety Authority.
[Wholly Amended as of Aug. 18, 2006]
(2) Any aircraft that cannot maintain radio communication pursuant to paragraph (1) (hereinafter referred to as aircraft that lost communication) shall follow the communication procedure announced by the Head of the Civil Aviatio
n Safety Authority. Any aircraft operating on the maneuvering area of the controlled aerodrome or its vicinity shall continuously monitor the instructions based on the visual signals from the control tower.
(3) In the case of visual meteorological condition, any aircraft that lost communication shall continue the VFR flight and land on the nearest aerodrome and immediately notify the relevant air traffic control unit accordingly.
(4) In the case of instrument meteorological condition, or if flight is impossible pursuant to paragraph (3), an aircraft that lost communication shall operate in accordance with the following standards:
1. Any aircraft that cannot report its position at the specified fix of airspace where radar for air traffic service is not operated shall fly at the minimum flight altitude of the route or altitude last assigned by the relevant air traffic cont
rol unit (whichever is higher) and maintain the speed last assigned by the relevant air traffic control unit for 20 minutes before changing to the altitude and speed specified in the flight plan.
2. Any aircraft that cannot report its location at the specified fix of airspace where radar for air traffic service is operated shall maintain the minimum flight altitude of the route or altitude last assigned by the relevant air traffic cont
rol unit (whichever is higher) from the latest time based on the following items and maintain the speed last assigned by the relevant air traffic control unit for 7 minutes before changing to the altitude and speed specified in the flight
plan:
(a) Time when the aircraft reached the last assigned altitude or minimum flight altitude
(b) Time when the transponder code was adjusted to 7600
(c) Time when reporting the location failed at the specified fix
3. Any aircraft being guided by radar or whose clearance limit is not assigned and deviating from the airway using Area Navigation (RNAV) shall return to the route specified in the flight plan before reaching the next FIX conside
ring the minimum flight altitude.
4. Fly to the Navigation aid of the destination aerodrome along the route assigned in the last clearance received from the relevant air traffic control unit or route to be expected in further clearance as advised by the relevant air tr
affic control unit (route filed in the flight plan in the absence of an assigned route or route to be expected in further clearance as advised by the relevant air traffic control unit) prior to radio communication failure and hold over it.
5. Commence descent from the Navigation aid of the destination aerodrome at the expected approach time (or estimated arrival time specified in the flight plan in case the expected approach time is not received) last assigned
by the relevant air traffic control unit prior to radio communication failure or start making an approach in accordance with the instrument approach procedures of the aerodrome for landing.
6. As much as possible, land within 30 minutes of the expected approach time or estimated arrival time, whichever is later, pursuant to paragraph (5).
[Newly Inserted as of Aug. 18, 2006]
(2) When requested by the relevant air traffic control unit to send a location report during a flight, an aircraft making a controlled flight shall comply with such request immediately.
(3) When the fix pursuant to paragraph (1) is not established, the location of the aircraft shall be reported at intervals specified by the relevant air traffic control unit.
(4) In case an aircraft making a controlled flight reports its location using datalink communication, the reporting of locations shall be carried out using voice communication as requested from the relevant air traffic control unit.
[Newly Inserted as of Aug. 18, 2006]
(2) Any person wishing to obtain priority in ATC clearance shall notify the relevant air traffic control unit of the reasons.
(3) An airplane operating in a controlled aerodrome shall observe the ATC instructions and shall refrain from moving in the maneuvering area without ATC clearance.
(4) In case of conflict between the ATC instructions of the air traffic control unit and instructions of the airborne collision avoidance system (ACAS) mounted on the aircraft, the ACAS instructions shall have precedence. <Newly Ins
erted as of Jun. 29, 2007>
[Wholly Amended as of Aug. 18, 2006]
(2) No one shall use signals that can be misunderstood as signals pursuant to paragraph (1).
(3) A signalman shall display guidance signals clearly as prescribed in subparagraph 6 of Appendix 19-7.
[Newly Inserted as of Aug. 18, 2006]
(2) Any person wishing to make a controlled flight shall check the time before starting the controlled flight and during the controlled flight when necessary.
(3) Any person wishing to use the time in accordance with the datalink communication shall maintain no more than one second of accuracy using UTC as the base.
[Newly Inserted as of Aug. 18, 2006]
(2) The pilot-in-command of the aircraft being intercepted shall understand and respond to the visual signals prescribed in subparagraph 3 of Appendix 19-7 and respond to the interception in compliance with the interception proce
dures and rules. When flying in an area controlled by a foreign government instead of the Republic of Korea, however, the aircraft shall respond to the interception in compliance with the procedures and rules prescribed by such st
ate. <Amended as of Jun. 29, 2007>
[Newly Inserted as of Aug. 18, 2006]
Article 191 (Application for Permission to Drop or Scatter Objects <Amended as of Aug. 18, 2006>)
Any person wishing to drop or scatter objects from a flying aircraft as per the provisions of Article 55 of the Act shall submit to the Administrator of the Regional Aviation Administration an Application for Permission to Drop or Scatt
er Objects containing the following information: <Amended as of Aug. 18, 2006>
1. Name and address
2. Type and registration mark
3. Purpose, time and date, route, and altitude of the flight
4. Purpose of dropping objects
5. Description of objects to be dropped and dropping place
6. Name and qualification of the pilot
7. Other references
Article 194 (Areas where Aerobatics is Prohibited <Amended as of Aug. 18, 2006>)
The following are the areas where aerobatics is prohibited as per subparagraph 4, Article 55 of the Act: <Amended as of Aug. 18, 2006>
1. Skies of an area that is densely populated with people or buildings
2. Control area and control zone
3. Area between the ground surface and altitude of less than 450 m (1,500 ft)
4. Area between the top of the highest obstacle located in an area of 500-meter radius surrounding the aircraft and altitude of 500 m or less (excluding cases involving gliders)
5. In the case of a glider, area between the top of the highest obstacle located in an area of 300-meter radius surrounding the glider and altitude of 300 m or less
(2) The administrator of the relevant Regional Aviation Administration shall review the received Application as per paragraph (1) and issue approval when he/she believes that the safety of air traffic is not hindered.
(3) Any person wishing to fly an unmanned aircraft shall observe the following requirements:
1. Any flight feared to pose a risk to human life or property shall not be made.
2. No flight shall be made in skies over an area that is densely populated or a place where many people are gathered.
3. No flight shall be made in a controlled airspace, a prohibited or a restricted area, or other special designated areas as per Article 38 (2) of the Act without approval from the air traffic control unit.
4. No flight shall be made under a condition wherein objects on the ground cannot be identified with the naked eye due to fog, etc.
5. No flight shall be made in violation of the flight visibility and cloud clearance requirements prescribed in Appendix 3-2.
6. No flight shall be made during the night.
7. No flight shall be made using other abnormal methods.
[Newly Inserted as of Aug. 18, 2006]
Article 197 (Application for Flight Permit for Unmanned Free Balloon)
(1) Any person intending to fly an unmanned free balloon as per the provisions of Article 55 of the Act shall submit to the Administrator of the Regional Aviation Administration an Application for Flight Permit for Unmanned Free Bal
loon containing the following information 5 days prior to the scheduled flight:
1. Name, address, and contact place
2. Class, quantity, use, and identification markings of the air balloon
3. Flight and recovery places
4. Estimated flight time and time of recovery (completion)
5. Flight direction, climbing speed, and maximum altitude
6. Estimated passage and arrival time at 18,000 m (60,000 ft) altitude and locations
7. Other references related to the flight of an unmanned free balloon
(2) The administrator of the relevant Regional Aviation Administration shall review the received Application as per paragraph (1) and issue approval when he/she believes that the safety of air traffic is not hindered.
(3) Any person obtaining a flight permit for an unmanned free balloon from the Administrator of the Regional Aviation Administration pursuant to paragraph (2) shall fly the unmanned free balloon in accordance with the unmanned
free balloon operation procedures as determined and published by the Head of the Civil Aviation Safety Authority.
[Newly Inserted as of Aug. 18, 2006]
(2) The aircraft owner, etc., wishing to use the aircraft to implement urgent affairs as per paragraph (1) pursuant to Article 56 (3) of the Act shall have the aircraft designated as an emergency aircraft by the Administrator of the Regi
onal Aviation Administration.
(3) Any person wishing to have his/her aircraft designated as per paragraph (2) shall submit to the Administrator of the Regional Aviation Administration an Application for Designation as Emergency Aircraft containing the following
information:
1. Name and address
2. Type and registration mark of the aircraft
3. Type of urgent business
4. Business regulations on the implementation of urgent business and equipment mounted on the aircraft
5. Content of education and training for pilots and those implementing urgent business
6. Other references
[Newly Inserted as of Aug. 18, 2006]
(2) Any person operating an emergency aircraft pursuant to paragraph (1) shall submit to the Administrator of the Regional Aviation Administration a Report of Operation Result of Emergency Aircraft containing the following inform
ation within 24 hours of operation completion:
1. Name and address
2. Type and registration mark of the aircraft
3. Summary of operation (date and time of take-off and landing, place, purpose, and route of the flight, etc.)
4. Name and qualification of the pilot
5. Personal information on passengers other than the pilot
6. Documents verifying the evacuation of emergency patients (limited to cases of evacuation of emergency patients)
7. Other references
[Wholly Amended as of Aug. 18, 2006]
(2) Any person intending to transport dangerous goods via an aircraft as per paragraph (1) shall submit to the Head of the Civil Aviation Safety Authority an Application for Permission to Transport Dangerous Goods containing the
following information and obtain permission thereof:
1. Flight name of the aircraft
2. Type and class of dangerous goods
3. Packaging method for the dangerous goods
4. Quantity of dangerous goods
5. Origin airport and destination airport
6. Addresses of the sender and receiver
(3) Notwithstanding paragraph (2), any regular Air operator obtaining a Certificate for Operations as per Article 115-2 of the Act, prescribing the following matters in the Operations Manual as per Article 116 of the Act, and transport
ing the dangerous goods referred to in paragraph (1) shall be deemed to have obtained permission for the transport of dangerous goods.
1. Description of measures to be taken in case an abnormal condition occurs related to the dangerous goods
2. Transmission method for the load information of the dangerous goods
3. Education and training for the aircrew and handler of dangerous goods
(4) Notwithstanding paragraph (2), any aircraft belonging to a state organization, etc., as per subparagraph 1-2, Article 2 of the Act and transporting the dangerous goods specified in paragraph (1) for the implementation of its busi
ness shall be considered to have obtained permission for the transport of dangerous goods.
(5) Specific types of dangerous goods and specific content of each type as classified in paragraph (1) shall be determined and published by the Head of the Civil Aviation Safety Authority.
[Wholly Amended as of Aug. 18, 2006]
Article 201 (Designation of Package and Inspection of Receptacles Institution for Dangerous Goods)
(1) Any person wishing to be designated as a package and Inspection of Receptacles institution for dangerous goods as per Article 60-3 of the Act shall submit to the Head of the Civil Aviation Safety Authority Application for Desig
nation as Package and Inspection of Receptacles Institution for Dangerous Goods (Form 44-3) together with the following documents:
1. Documents verifying that facilities for the inspection of packages and containers for dangerous goods (including a list of facilities, machinery, and tools and the arrangement plan) have been secured
2. Business plan
3. Regulations on inspection work including matters required for the implementation of inspection such as management of facilities and technology personnel and execution procedures of inspection
(2) The designation standards for inspection equipment and personnel of the package and container inspection institution for dangerous goods as per Article 60 (4) of the Act are prescribed in Appendix 19-8.
(3) For the operation of package and container inspection institutions as per Article 60 (4) of the Act, the General Standards for the Operation of the Korean Industrial Standard Inspection Institution (A 17020) as per Article 12 of th
e Industrial Standardization Act shall apply.
(4) The Head of the Civil Aviation Safety Authority shall receive the Application as per paragraph (1) and issue to the applicant Certificate of Designation as Inspection Institution for Dangerous Goods Handling or Containers (Form
44-4) and publish the corresponding notice when its content is deemed to satisfy the standards for designation and operation as stipulated in paragraphs (2) and (3).
(5) In case of a change in any of the matters in paragraph (1), the inspection institution designated as a package and container inspection institution for dangerous goods as per paragraph (4) shall report its contents to the Head of
the Civil Aviation Safety Authority.
(6) Every year, the Head of the Civil Aviation Safety Authority shall review whether the inspection institution designated as a package and container inspection institution for dangerous goods complies with the standards specified i
n paragraphs (2) and (3).
[Wholly Amended as of Aug. 18, 2006]
Article 201-2 (Revocation for the designation of packagings and receptacles inspection institution)
(1) Revocation and suspension standards for the designation of packagings and receptacles inspection institution under provisions of Article 60 (6) of the Act are prescribed in Appendix 19-9.
(2)The Head of the Civil Aviation Safety Authority may lighten or increase the penalty within the range of 1/2 of the suspension period of airport operation as prescribed in Appendix 19-9 considering the degree and number of viola
tions. Even if the penalty is increased, however, the period shall not exceed 6 months.
[Newly Inserted by Ministerial Regulations No. 12, May.8, 2008]
Article 202 (Designation of Approved aviation training institution for the Handling of Dangerous Goods)
(1) Any person wishing to obtain for his/her organization the designation as a Approved aviation training institution in accordance with Article 61 (3)of the Act shall submit to the Head of the Civil Aviation Safety Authority Application
for Designation as Approved aviation training institution for Dangerous Goods (Form 44-5) together with an Education Plan containing the following:
1. Curriculum and education method
2. Current status of the instructor�셲 qualification, career, and prescribed number
3. Overview of educational facilities and equipment
4. Method for educational evaluation
5. Annual education plan
6. Regulations on education as referred to in subparagraph 2, paragraph (4)
(2) The standards for designation as Approved aviation training institution for dangerous goods as per the provisions of Article 61 (4) of the Act are prescribed in Appendix 19-10.
(3) The Head of the Civil Aviation Safety Authority shall review the received Application as per paragraph (1) and issue to the applicant Certificate of Designation as Approved aviation training institution for Handling Dangerous Go
ods (Form 44-6) and publish the corresponding notice if the standards of paragraph (2) are deemed to have been satisfied.
(4) The institution designated as a Approved aviation training institution for handling dangerous goods as per paragraph (3) shall implement education and evaluation as follows:
1. The education shall be divided into basic education and regular education for implementation.
2. A Approved aviation training institution for handling dangerous goods shall establish and operate regulations on education considering the educational contents published as per Article 61 (2) of the Act and obtain approval fro
m the Head of the Civil Aviation Safety Authority in case it wishes to change the regulations on education.
3. Educational evaluation shall be based on the following methods:
(a) Test subjects, guidelines for implementing the test, judgment criteria, setting of test questions, managing the test methods, safekeeping of test papers, testing room, test supervisor, grading, etc., shall be determined in-house b
y the head of the Approved aviation training institution for dangerous goods considering the situation of the educational institution.
(b) The trainees shall complete at least 90% of the total training hours and garner scores of at least 80 out of 100 points to be considered to have completed the education.
4. In case the test method is computer-based (CBT), the Approved aviation training institution for dangerous goods shall obtain the corresponding approval from the Head of the Civil Aviation Safety Authority in advance.
5. The head of the Approved aviation training institution shall establish an annual education plan for reporting to the Head of the Civil Aviation Safety Authority.
(5) Upon completion of education, the specialized educational institution for handling dangerous goods shall retain a list of successful graduates and the evaluation result ,and shall submit them to the Head of the Civil Aviation Saf
ety Authority, whenever the Head of Civil Aviation Safety Authority requests
(6) In case of a change in any of the subparagraphs in paragraph (1) (excluding subparagraph 6), the Approved aviation training institution shall report the details to the Head of the Civil Aviation Safety Authority immediately.
(7) The Head of the Civil Aviation Safety Authority shall review every year whether a Approved aviation training institution for handling dangerous goods complies with the standards in paragraph (2).
[Wholly Amended as of Aug. 18, 2006]
(2) The Head of the Civil Aviation Safety Authority may lighten or increase the penalty within the range of 1/2 of the suspension period of airport operation as prescribed in Appendix 19-11 considering the degree and number of viol
ations. Even if the penalty is increased, however, the period shall not exceed 6 months.
[Newly Inserted by Ministerial Regulations No. 12, May.8, 2008]
(2) For the purpose of Article 69-2 (1) of the Act, the term "time prescribed by the Ministerial Regulations of the Aviation Act" means one hour. <Newly Inserted as of Aug. 18, 2006>
(3) Any Air operator intending to operate a twin-engine airplane as per the stipulation of paragraph (1) for an air route including a spot where the time required to land exceeds one hour as per paragraph (2) shall obtain approval fr
om the Head of the Civil Aviation Safety Authority or the Administrator of the Regional Aviation Administration according to the airplane type (registration mark), air route to operate, and maximum return time (i.e., time required to l
and on the nearest airport by making a flight at cruising speed when one of the engines fails to operate; the same shall apply hereinafter). <Amended as of Aug. 18, 2006>
(4) Any Air operator intending to obtain approval as per the stipulation of paragraph (3) shall submit to the Head of the Civil Aviation Safety Authority or the Administrator of the Regional Aviation Administration Application for Oper
ation Approval for Twin-Engine Airplane (Form 45) together with documents verifying the airplane�셲 compliance with the operational technology criteria published in accordance with the provisions of Article 74-2 of the Act 20 da
ys prior to the estimated starting date of operation. <Amended as of Aug. 18, 2006>
[Newly Inserted as of Jul. 3, 2004]
Article 204-3 (Aircraft Operation within Reduced Vertical Separation Minimum Airspace) <Amended as of Aug. 18, 2006>)
(1) Any person wishing to obtain approval from the Minister of Land, Transport and Maritime Affairs as per the provisions of Article 69-3 (1) of the Act shall submit to the Head of the Civil Aviation Safety Authority or the Administrat
or of the Regional Aviation Administration Application for Approval to Operate in Reduced Vertical Separation Airspace or Required Specific Navigation Performance Airspace or Required Specific Communication Performance Air
space(Form 45-2) together with documents verifying the aircraft's compliance with the operational technology criteria published in accordance with the provisions of Article 74-2 of the Act, 20 days prior to the estimated starting dat
e of operation.
<Amended as of Aug. 18, 2006; Ministerial Regulations No. 12, May.8, 2008>
(2) For the purpose of the proviso of Article 69-3 (1) of the Act, the term "case prescribed by the Ministerial Regulations of the Aviation Act" refers to any of the following:
1. An aircraft is operated urgently for the search and rescue of persons, etc., due to an aircraft accident, a calamity, or other accidents.
2. An aircraft that is newly introduced to Korea is operated.
3. There is trouble in the aircraft that has obtained approval to operate in Reduced Vertical Separation Minimum Airspace.
e, and the aircraft is operated in a place for maintenance work, etc.
4. An aircraft used for military or customs or police work is operated.
[Newly Inserted as of Jul. 3, 2004]
(2) The provision of air traffic services in open sea airspace within a flight information region shall be based on the regional multilateral agreement (hereinafter referred to as regional air navigation agreement) approved by the Inter
national Civil Aviation Organization (ICAO) for the efficient operation of the aircraft.
[Wholly Amended as of Aug. 18, 2006]
(2) The rating of a person who is rated in control service as per paragraph (1) but does not work for longer than six months in a relevant air traffic control unit shall lose its validity: Provided, That this shall not apply when the person
in question undergoes training in the relevant control service under the conditions prescribed by the Head of the Civil Aviation Safety Authority.
(3) Matters related to the rating of the control service of an air traffic controller as per paragraph (1) and those necessary in relation to specific criteria and procedures for the implementation of education and training and aircraft bo
arding training shall be determined and published by the Head of the Civil Aviation Safety Authority.
[Wholly Amended as of Aug. 18, 2006]
Article 206 (Consultation Between Air Traffic Service Units and Owners of Aircraft)
(1) Air traffic service units shall provide air traffic services considering the aircraft operator�셲 standards as prescribed in Annex 6 of the Convention on International Civil Aviation.
(2) Matters related to information exchange between the owners, etc., of the aircraft and air traffic service units for the safe operation of the aircraft shall be decided in consultation between the owners, etc., of aircraft and air traffic
service units.
[Wholly Amended as of Aug. 18, 2006]
Article 206-2 (Consultation Between Air Traffic Service Unit and Military Unit)
(1) The air traffic service unit shall maintain close cooperation with the military unit responsible for the actions of the military aircraft that may have an impact on the flight of the civilian aircraft.
(2) The air traffic service unit and military unit may conclude an agreement on the exchange of flight information of the aircraft for the safe and prompt operation of the civilian aircraft.
(3) The air traffic service unit shall establish procedures that can be used to take the necessary measures in case a civil aircraft approaches or enters an airspace where it will be in danger of being intercepted to enable the aircraft
to be identified and guided in order to avoid being intercepted in cooperation with the military unit.
[Newly Inserted as of Aug. 18, 2006]
(2) In case a consultation is held on the plan for potentially risky activities as per paragraph (1), the consultation shall be completed in advance to enable information on potentially risky activities to be published in a timely manner
as per Annex 15 of the International Civilian Aviation Agreement.
(3) In case the consultation on the plan for potentially risky activities is completed as per paragraph (2), the relevant air traffic service unit shall publish the plan in the Notice to Airmen (NOTAM) or Aeronautical Information Publicati
on.
(4) When establishing a plan on potentially risky activities, the following standards shall be observed:
1. The zone, number of times, and period of potentially risky activities shall be set such that closure or change of the airway, blockade of economic altitude, or flight delay of regularly operating aircraft, etc., is avoided as much a
s possible.
2. The size of the airspace used for potentially risky activities shall be as small as possible.
3. A direct telecommunications network with the relevant air traffic service unit shall be established in preparation for a situation that would necessitate stopping the risky activities due to an emergency situation facing a civil aircr
aft or other unpredictable situation.
(5) When potentially risky activities persist, and continuous consultation between the authorities concerned is deemed necessary, the air traffic service unit may set up a consultative body to discuss the matter.
[Newly Inserted as of Aug. 18, 2006]
Article 206-4 (Cooperation Between the Air Traffic Service Unit and Meteorological Service Unit)
(1) An air traffic service unit and a unit providing meteorological information for air navigation 혻(hereinafter referred to as Meteorological Service unit) shall consult on the following matters to provide the aircraft with the most recent
weather information required to operate the aircraft:
1. Matters related to the provision of the weather information observed by the person in charge of air traffic service or reported by the pilot other than acquired by the use of a weather display system
2. In case the weather information observed by the air traffic service personnel or reported by the pilot is not included in the aerodrome weather forecast, matters related to the provision of weather information
3. Matters related to the provision of information on volcanic activities prior to the eruption of a volcano, volcanic eruption, and situation involving volcanic ash and clouds
(2) In case of information on volcanic ash, the air traffic service unit and meteorological service unit shall cooperate closely to ensure that this information matches to that of Notice to Airmen (NOTAM) and Significant Meteorologica
l Information (SIGMET) .
[Newly Inserted as of Aug. 18, 2006]
(2) The air traffic service unit shall respond promptly to any received request for support from an aircraft facing unlawful interference, transmit information related to flight safety continuously, and take the necessary measures prom
ptly at all flight stages including the aircraft�셲 landing stage.
(3) Upon learning that an aircraft is subject to unlawful interference, the air traffic service unit shall not ask further questions regarding the unlawful interference via radio communication: Provided, that this shall not apply in case the
re is a prior notification from the pilot that the radio communication will not aggravate the situation.
(4) When communicating with an aircraft faced with an emergency situation or suspected of facing such situation, the air traffic service unit shall consider the environment and psychological state of the pilot who has to carry out op
erations urgently due to the emergency situation.
[Wholly Amended as of Aug. 18, 2006]
(2) Upon detecting an intercepted aircraft in an area outside its jurisdiction, the air traffic service unit shall take the following measures:
1. Notify the air traffic service unit having jurisdiction over the airspace where interception is taking place accordingly and provide the necessary information for the recognition of the aircraft.
2. Mediate in the communication among the aircraft being intercepted, relevant air traffic service unit, and intercepting aircraft or interception control unit.
(3) To prevent the occurrence of interception of civilian aircraft, the Head of the Civil Aviation Safety Authority shall specify and manage the control area, control zone, and airway requiring a flight plan as well as two-way radio com
munication and location report.
[Newly Inserted as of Aug. 18, 2006]
(2) Among the air traffic control units, English shall be used. In case of another agreement on the language to be used among the units concerned, however, such agreement shall have precedence.
[Wholly Amended as of Aug. 18, 2006]
(2) Any person providing air traffic control service shall record information on the instructions given to an aircraft under his/her control or movement of the aircraft for proper separation among aircraft and maintenance of efficient air
traffic flow.
(3) An air traffic control unit shall issue ATC clearances to enable the separation among the following aircraft to be maintained:
1. All aircraft flying within the airspace classified as airspace classes A and B as shown in Appendix 16
2. Aircraft on IFR flight within the airspace classified as airspace classes C, D, and E as shown in Appendix 16
3. Aircraft on IFR and VFR flight within the airspace classified as airspace class C as shown in Appendix 16
4. Aircraft on SVFR and IFR flights within the control zone
5. Aircraft on SVFR flight within the control zone
(4) When carrying out control for the separation of aircraft as per paragraph (3), the air traffic control unit uses vertical, longitudinal, and lateral as well as mixed separation methods. In this case, when performing control service usi
ng the mixed separation method, an air traffic control unit may follow the relevant regional air navigation agreement.
(5) Separation minima among aircraft as per paragraph (3) shall be based on the Air Traffic Control Regulations and Regional Supplement Procedures as determined and published by the Head of the Civil Aviation Safety Authorit
y.
[Newly Inserted as of Aug. 18, 2006]
(2) Control responsibility for all aircraft flying in the controlled airspace shall be assumed by the air traffic control unit having jurisdiction over the controlled airspace: Provided, That this shall not apply in case of another agreement
on the subject with other air traffic control units concerned.
[Newly Inserted as of Aug. 18, 2006]
(2) Specific matters required for the establishment of standard procedures for departure, arrival, and approach shall be determined and published by the Head of the Civil Aviation Safety Authority.
[Newly Inserted as of Aug. 18, 2006]
(2) The pilot of an aircraft shall read back or respond in a clear manner that he/she understands the clearance or instruction from the relevant air traffic control unit and that he/she shall comply with such.
(3) For the permission or instruction as per paragraph (1), the air traffic controller shall listen to the read back to verify whether the pilot of an aircraft accurately understood and take corrective action immediately in case of any othe
r element in the read back
(4) In applying the stipulation of paragraph (1), voice read back may not be necessary in case the ATC permission or instruction is delivered via data communication (CPDLC) between the air traffic controller and the pilot unless sti
pulated otherwise by the relevant air traffic control unit.
[Newly Inserted as of Aug. 18, 2006]
(2) Specific matters concerning the processing standards and methods for the management of air traffic flow as referred to in paragraph (1) shall be determined and published by the Head of the Civil Aviation Safety Authority.
[Newly Inserted as of Aug. 18, 2006]
(2) In case CAT-II or CAT-III operation is in progress in a low-visibility weather condition, restriction shall be imposed on persons or vehicles moving in the maneuvering area to protect the signal of the Localizer and Glide Slope of t
he Instrument Landing System (ILS).
혻
(3) The control tower shall give priority to emergency vehicles moving to rescue an aircraft in distress. In this case, the separation minima between the vehicles and aircraft moving on the ground shall be governed by the condition
s prescribed by the Administrator of the Regional Aviation Administration.
(4) Vehicles moving within the maneuvering area of an aerodrome as per paragraph (2) shall observe the following requirements (in case of another instruction from the control tower, however, such instruction shall have preceden
ce):
1. Yield the right of way to an aircraft moving on, taking off from, or landing on the ground.
2. A vehicle shall yield the right of way to another vehicle towing an aircraft.
3. A vehicle shall yield the right of way to another vehicle moving in compliance with an ATC instruction.
(5) Details on operating, controlling and safety management to persons or vehicles(including construction machines or equipment) accessing movable area within aerodrome shall be established and notified by the Head of Civil A
viation Safety Authority.
(2) In case the air traffic control service and flight information service are implemented together by the same air traffic service unit, the air traffic control service shall have precedence.
[Wholly Amended as of Aug. 18, 2006]
(2) Upon receiving special air reports, the air traffic service unit shall disseminate them to other aircraft, meteorological offices, and other air traffic service units as soon as possible.
(3) Necessary matters concerning the flight information provided by air traffic service units and provision methods and procedures for flight information other than those provided in this Ordinance shall be determined and published
by the Head of the Civil Aviation Safety Authority.
[Newly Inserted as of Aug. 18, 2006]
(2) Any air traffic service unit implementing the alerting service as per paragraph (1) shall notify the search and rescue unit of the following matters as a rule:
1. Terms by emergency situation such as uncertainty phase (INCERFA), alert phase (ALERFA), or distress phase (DETRESFA)
2. Title of the notifying unit and name of notifier
3. Description of the emergency situation
4. Important elements of the flight plan
5. ATC unit with which communication was attempted for the last time, time such attempt was made, and frequency used
6. Position where the final location was reported
7. Color and special feature of the aircraft
8. Status of loading of dangerous goods
9. Measures taken by the notifying unit
10. Other references that can be of use for search and rescue activities
(3) Even after an emergency situation is notified as per paragraph (2), an air traffic service unit shall continue the investigation related to the emergency situation and immediately notify the unit in charge of search and rescue of th
e related information in case the emergency situation worsens or ends.
(4) An air traffic service unit shall try to obtain information on the aircraft facing an emergency situation and attempting radio communication with it when necessary using all communication facilities.
[Newly Inserted as of Aug. 18, 2006]
(2) An air traffic service unit shall maintain a close cooperation system with meteorological service unit and aircraft operators concerned to provide the aircraft with detailed information on the type, location, vertical range, moving di
rection, and speed of the meteorological phenomena that can impede the operation of aircraft such as information on the vicinity of an Aerodrome, area for take-off/climbing and descent of aircraft, sudden gust within the approach
control area, etc.
(3) The airport operator, Navigation aid operator, operator of an unmanned free balloon, or manufacturer and users of chemical materials shall notify the relevant air traffic service unit immediately of the following matters to secure
the safety of air traffic:
1. Matters concerning the establishment and operation of facilities or obstacles that impede the take-off and landing of aircraft in the maneuvering area of an Aerodrome
2. Matters concerning the operation of Navigation aid such as aeronautical ground lighting as necessary for movement on the ground, take-off, approach, and landing of aircraft
3. Matters concerning the flight of unmanned free balloons
4. Matters concerning volcanic activities before eruption, volcanic eruption, and volcanic ash that can affect flight paths within the area under its jurisdiction
5. Matters concerning the emission of radioactive materials and toxic chemical materials into the atmosphere and its effect on the airspace under its jurisdiction
6. Other matters impeding the safety of air traffic
[Wholly Amended as of Aug. 18, 2006]
Article 215 혻Deleted <by Ministerial Regulations No. 12, May.8, 2008>
(2) The measurement unit used in aeronautical information is based on any of the following methods: <Amended as of Aug. 18, 2006>
1. Altitude: Meter (m) or feet (ft)
2. Visibility: Kilometer (km) or mile (SM); in this case, visibility below 5 km is expressed in m unit
3. Frequency: Hertz (HZ)
4. Speed (velocity, speed): Meter per second (節�/s)
5. Temperature: Centigrade (��)
(3) The aeronautical information referred to in paragraph (1) shall be provided based on any of the following methods: <Newly Inserted as of Jul. 3, 2004, Aug. 18, 2006>
1. Aeronautical Information Publication (AIP)
2. Notice to Airmen (NOTAM)
3. Aeronautical Information Circular (AIC)
4. Data recording pre-flight and post-flight information
5. Deleted. <Aug. 18, 2006>
(4) The following items are provided in an Aeronautical Chart as per the provisions of Article 73 (2) of the Act: <Newly Inserted as of Jul. 3, 2004, Aug. 18, 2006>
1. Aerodrome Obstacle Chart
2. Precision Approach Terrain
3. Enroute Chart
4. Area Chart
5. Standard Departure Chart -- Instrument
6. Standard Arrival Chart -- Instrument
7. Instrument Approach Chart
8. Visual Approach Chart
9. Aerodrome/Heliport Chart
10. Aerodrome Ground Movement Chart
11. Aircraft Parking/Docking Chart
12. World Aeronautical Chart
13. Aeronautical Chart
14. Aeronautical Navigation Chart
15. Radar Minimum Altitude Chart
16. Deleted. <Aug. 18, 2006>
(5) Detailed matters related to the provision of aeronautical information and publishing, etc., of aeronautical charts as referred to in paragraphs (1)~(4) shall be prescribed and published by the Head of the Civil Aviation Safety Auth
ority. <Newly Inserted as of Jul. 3, 2004, Aug. 18, 2006>
(2) Any person wishing to act as described in subparagraph 6, Article 216 (1) shall notify the Administrator of the Regional Aviation Administration of the following information 10 days prior to the expected date of action: Provided,
That this shall not apply in case approval is obtained from the Administrator of the Regional Aviation Administration. <Amended as of Aug. 18, 2006>
1. Name, address, and contact place
2. Date, time, and place of expected action
3. Description of expected action
4. Other references
2. In case passengers are transported by an aircraft used for passenger transportation, the number of cabin crew in the cabin exceeding that prescribed in the following table depending on the number of seats for passengers a
s mounted in the aircraft:
20 ~ 50 seats 1 person
(2) In case the Head of the Civil Aviation Safety Authority acknowledges that the duty of a flight crew member as stipulated in subparagraph 1, paragraph (1) can be performed by another flight crew member without any problem, t
he flight crew member in charge may not be required to board the aircraft. <Amended as of Aug. 18, 2006>
(3) An Air operator or an aircraft-using businessman shall establish an education and training plan on the following matters for the flight crew who will be boarding the aircraft as stipulated in subparagraph 1, paragraph (1) and impl
ement the plan at least once a year: <Amended as of Jul. 1, 2005, Aug. 18, 2006>
1. Theoretical education and flight training for the relevant aircraft type
2. Matters concerning all cases of emergency response procedures in case of emergencies caused by the malfunction of the engine, airframe, or systems of the relevant aircraft type, fire, and other abnormal situations and matt
ers concerning cooperation among the flight crew members
3. Matters concerning knowledge and technology related to human performance and transportation of dangerous goods as prescribed in Annex 18 of the Convention on International Civil Aviation
4. Training on procedures that can help the trainees familiarize themselves with the relationship between the duty of each flight crew member and those of other flight crew members in case of an emergency situation such as a
n abnormal situation, e.g., failure of an aircraft of the relevant type and fire
(4) As per the provisions of subparagraph 2, paragraph (1), cabin crew members shall have the knowledge and ability to take the necessary measures using emergency equipment or first-aid kit in case of emergency in the aircraft
or if emergency exit is required.
(5) An air traffic businessman shall establish an education and training plan on the following matters for the cabin crew who will be boarding the aircraft as stipulated in subparagraph 2, paragraph (1) and implement the plan at leas
t once a year: <Amended as of Jul. 1, 2005, Aug. 18, 2006>
1. Measures to take in case of an emergency in the aircraft or if emergency exit is required
2. Matters concerning the use of the life jacket, life raft, escape slide, emergency exit, fire extinguisher, oxygen equipment, first-aid kit, etc.
3. In case the cabin crew work in an aircraft operating at an altitude of 3,000 m or higher from the mean sea level, matters concerning the physiological phenomena caused by the effect of oxygen deficiency within the aircraft an
d loss of air pressure in the cabin of an aircraft equipped with a pressurization device
4. Matters concerning the type of dangerous goods that can be loaded in the cabin and those that cannot be loaded as prescribed in Annex 18 of the Convention on International Civil Aviation and training program on dangerou
s goods
5. Matters concerning the duty of each cabin crew member and those of other cabin crew members in case of an emergency situation in the aircraft
6. Matters concerning human performance for the safety of the cabin including matters of cooperation between the flight crew and cabin crew
[Wholly Amended as of Jul. 3, 2004]
Article 218-2 (Carrying their license and medical certificate <Amended as of Aug. 18, 2006>)
The following are the targets for carrying their license and medical certificate as per the provisions of Article 74 (2) of the Act and matters to be observed: <Amended as of Aug. 18, 2006>
1. A flight crew member shall carry license and medical certificate or keep them in an easily accessible place inside the aircraft.
2. An air traffic controller shall carry license and medical certificate or keep them in an easily accessible place inside the office of aviation work.
3. An airman other than a flight crew member and an air traffic controller such as an aircraft mechanic, an aircraft shop mechanic, or a flight dispatcher shall carry license and medical certificate or keep them in an easily accessi
ble place inside the workplace where aviation work is performed.
[New Inserted as of Jul. 3, 2004][ Article 218-2 moved to Article 218-3 <Jul. 3, 2004>]
(2) The implementation plan referred to in subparagraph 1, paragraph (1) shall include the following: <Amended as of Aug. 18, 2006>
1. Overview of the facilities and objective of installation
2. Name, location, elevation, and reference point of an aerodrome
3. Detailed promotion plan of the project
4. Program for the procurement of financial resources
5. Kind and type of aircraft to be used
6. Landing based on instrument flight rules (IFR) or reason in case of aerodrome used for night landing
7. Category of aerodrome and classification of the Runway strip
8. Strength of runway (limited to land aerodrome and land heliport)
9. Depth of Runway strip (limited to water aerodrome and water heliport)
10. Wind direction and wind speed (the wind speed of the estimated water level of the estimated aerodrome site or its vicinity shall be prepared based on data for the past one year or more)
11. Type of air traffic service
12. Visual or instrument flight take-off and landing procedure of aerodrome
13. Required airspace drawings and current status of neighboring airspaces
14. Drawings explaining the correlations with the flight procedures of neighboring airports
(3) Any person intending to install a rooftop heliport shall attach the following documents in addition to the documents referred to in paragraph (1):
1. Structural drawings and calculation sheet of the structure for the building or structure
2. Note of technology confirmation verifying safety regarding the structure during the operation of the aircraft to be used and calculation of the structure
3. Arrangement drawing or projection drawing displaying the height of a building or a structure inside a zone that matches the projection plane of the approach surface, transition surface, horizontal surface, and conical surface (l
imited to those higher than the Runway strip)
4. Design documents for facilities and equipment as referred to in subparagraph 7, Article 222
Article 224 (Application for Permission to Install Navigation Aids <Amended as of Dec. 17, 1999, Jul. 3, 2004>)
Any person wishing to install Radio navigation & Surveillance facilities or Aeronautical communications facilities as per the provisions of Article 75 (2) of the Act shall submit to the Administrator of the Regional Aviation Administrati
on or the Director General of Air Traffic Centre Application for Permission to Install Radio navigation & Surveillance facilities or Aeronautical communications facilities (Form 46) (including application in electronic document) togethe
r with the following documents (including electronic documents; in this case, the public official in charge shall verify a Copy of Corporate Register (in case the applicant is a juridical person) through the joint use of administrative inf
ormation pursuant to Article 21 (1) of 혻the the e-Government law and have the document in question attached in case the applicant raises an objection to the verification. <Amended as of Dec. 17, 1999, Jul. 3, 2004, Nov. 29, 200
4, Jul. 1, 2005, and Aug. 7, 2006; Ministerial Regulations No. 12, May.6, 2008>
1. Design documents (including design drawings, specifications, design budget, and calculation sheet for the quantity)
2. Deleted. <Nov. 30, 1994>
3. Deleted. <Aug. 7, 2006>
4. Documents verifying the existence of ownership or right to use the site for Radio navigation & Surveillance facilities or Aeronautical communications facilities
5. Copy of the Written Permission to Install aerodrome (limited to cases wherein the aeronautical ground lighting aids are to be installed within aerodrome
(2) The installation and technical standards for Radio navigation & Surveillance facilities as per the provisions of subparagraph 2 (g), Article 17 (2) of the Decree are prescribed in Appendix 28. <Amended as of Jul. 3, 2004>
(3) The installation and technical standards for Aeronautical communications facilities as per the provisions of subparagraph 4 (d), Article 17 (2) of the Decree are prescribed in Appendix 28-2. <Amended as of Jul. 3, 2004>
(4) Detailed matters other than those set forth in this Ordinance concerning the installation and technical standards for Navigation aid shall be prescribed and published by the Head of the Civil Aviation Safety Authority.
[Wholly Amended as of Sept. 30, 2002
(2) Any person passing the completion inspection as per the provisions of paragraph (1) shall submit to the Administrator of the Regional Aviation Administration Report of Commencement of Use of Aerodrome (Form 48).
(2) The administrator of the relevant Regional Aviation Administration shall publish any and all modifications made in the matters published as per the provisions of paragraph (1).
Article 229 (Application for Completion Inspection of aeronautical ground lights Construction Work)
(1) Any person intending to undergo the inspection of completion of aeronautical lights construction work as per the provisions of Article 77 (1) of the Act shall submit to the Administrator of the Regional Aviation Administration App
lication for Completion Inspection of aeronautical lights Construction Work (Form 47) together with the completion inspection record of the installer, completion design documents (limited to cases wherein alterations are made in th
e submitted design documents when applying for permission to install aeronautical lights), and completion photos. <Amended as of Nov. 30, 1994>
(2) Any person passing the completion inspection as per the provisions of paragraph (1) shall submit to the Administrator of the Regional Aviation Administration Report of Commencement of Use of aeronautical lights (Form 48)
(2) Any and all modifications of matters published as per the provisions of paragraph (1) shall be published by the Administrator of the Regional Aviation Administration.
(2) Any person passing Construction Inspection as per the provisions of paragraph (1) shall submit to the Administrator of the Regional Aviation Administration or the Director General of Air Traffic Centre Report of Commencemen
t of Use of Radio navigation & Surveillance facilities or aeronautical communications facilities (Form 48). <Amended as of Dec. 17, 1999, Jul. 3, 2004; Ministerial Regulations No. 12, May.6, 2008>
Article 232 (Publication of Commencement of the Use of Radio navigation & Surveillance facilities) <Amended as of Dec. 17, 1999, Jul. 3, 2004>)
(1) The Administrator of the Regional Aviation Administration or the Director General of Air Traffic Centre shall publish the following matters related to Radio navigation & Surveillance facilities or aeronautical communications faciliti
es passing Construction Inspection as per the provisions of Article 77 (2) of the Act: <Amended as of Dec. 17, 1999, Jul. 3, 2004>
1. Name, kind, location, and estimated starting date of use of Radio navigation & Surveillance facilities or aeronautical communications facilities
2. Name and address of the installer of Radio navigation & Surveillance or aeronautical communications facilities
3. Transmission frequency
4. Antenna power
5. Direction of course
6. Identification mark
7. Rated range
8. Operation hours
9. Matters for special consideration in relation to the use of Radio navigation & Surveillance facilities or aeronautical communications facilities
(2) Any and all modifications of matters published as per the provisions of paragraph (1) shall be published by the Administrator of the Regional Aviation Administration.
Article 234 (Notification of Alteration and Publication of Aerodrome Facilities <Amended as of Dec. 17, 1999>)
(1) Any person intending to alter Aerodrome facilities as per the provisions of Article 78 (1) of the Act shall submit to the Administrator of the Regional Aviation Administration Notice of Alteration of Aerodrome Facilities (Form 49) to
gether with the following documents (the same shall apply when trying to change the following): <Amended as of Dec. 17, 1999>
1. Documents describing the details of facilities alteration
2. Drawings related to the facilities to be altered
3. Drawings showing the approach surface, inner horizontal surface, conical surface, or transition surface of the Aerodrome zone following the alteration
(2) Upon receiving the notice of alteration as per the provisions of paragraph (1), the Administrator of the Regional Aviation Administration shall publish the following matters and post the corresponding signage in an easily noticea
ble location within the vicinity of the area to be altered: <Amended as of Dec. 17, 1999>
1. Name and address of the applicant
2. Name and location of aerodrome
3. Matters to be altered
4. Approach surface, inner horizontal surface, conical surface, or transition surface of aerodrome zone following the alteration
(3) Any and all modifications of matters published or posted as per the provisions of paragraph (2) shall be published or posted by the Administrator of the Regional Aviation Administration.
Article 236 (Notice of Alteration of aeronautical lights <Amended as of Dec. 17, 1999>)
(1) Any person intending to alter aeronautical lights as per the provisions of Article 78 (1) of the Act shall submit to the Administrator of the Regional Aviation Administration Notice of Alteration of aeronautical lights (Form 49) togeth
er with the following documents: <Amended as of Nov. 30, 1994, Dec. 17, 1999>
1. Documents describing the details of facilities alteration
2. Drawings related to the facilities to be altered
(2) The provisions of Article 229 (1) shall apply mutatis mutandis to the case of completion inspection applied by the installer of aeronautical lights as an applicant for alteration permission in accordance with the provisions of parag
raph (1).
Article 237 (Alteration of Radio navigation & Surveillance facilities) <Amended as of Dec. 17, 1999, Jul. 3, 2004>)
Matters whose alteration should be notified among Radio navigation & Surveillance facilities or aeronautical communications facilities as per the provisions of Article 78 (1) of the Act are as follows: <Amended as of Dec. 17, 1999,
Jul. 3, 2004>
1. Change of rated range
2. Alteration of course
3. Change of operation hours
4. Change of antenna method
5. Alteration of structure of transceiver and circuits (limited to the alteration of frequency, antenna power, and identification marks and other cases wherein the electric characteristics of Radio navigation & Surveillance facilities o
r aeronautical communications facilities are affected)
6. Alteration of transceiver and power supply equipment
Article 238 (Notice of Alteration of Radio navigation & Surveillance facilities) <Amended as of Dec. 17, 1999, Jul. 3, 2004>)
(1) Any person intending to alter Radio navigation & Surveillance facilities or aeronautical communications facilities as per the provisions of Article 78 (1) of the Act shall submit to the Administrator of the Regional Aviation Administ
ration or the Director General of Air Traffic Centre Application for Permission to Alter Radio navigation & Surveillance facilities and aeronautical communications facilities (Form 49) together with the following documents: <Amende
d as of Nov. 30, 1994, Dec. 17, 1999, and Jul. 3, 2004; Ministerial Regulations No. 12, May.8, 2008 >
1. Documents describing the details of facilities alteration
2. Drawings related to the facilities to be altered
Article 242 (Publication of Suspension, etc., of Navigation Aids as of Dec. 17, 1999>)
In case the installer of Navigation Aids suspends, discontinues, or resumes their use as per the provisions of Article 239, the Administrator of the Regional Aviation Administration or the Director General of Air Traffic Centre shall p
ublish the following matters: <Amended as of Dec. 17, 1999; Ministerial Regulations No. 12, May.8, 2008>
1. Name and address of the installer
2. Kind and name of Navigation Aids
3. Location of Navigation Aids
4. In the case of suspension, the starting date of suspension and its duration
5. In the case of discontinuation or resumption, the estimated date of discontinuation or resumption
(2) Aerodrome installer shall establish management regulations that include the following matters as per the provisions of Article 80 (1) of the Act for management purposes: <Amended as of Sept. 18, 1998, Dec. 17, 1999, and Se
pt. 30, 2002>
1. Operation hours of Aerodrome
2. Regulated usage of runway or taxiway by Aerodrome if applicable
3. When wishing to specify the locations for aircraft platform, loading place of cargoes, supply depot of fuel and materials, place of aircraft maintenance or inspection, and aircraft stop and place and method if applicable
4. Matters concerning the receipt and refund of service charges as approved in accordance with the provisions of Article 86 (3) of the Act
5. When wishing to restrict access to Aerodrome, the methods of restriction
6. When wishing to restrict actions within Aerodrome, the actions to be restricted
7. Matters concerning compliance with the takeoff and landing procedures for visual flight or instrument flight and those prescribed and published by the Head of the Civil Aviation Safety Authority for the safe takeoff and landing
of aircraft, e.g., installation of communication equipment and provision of meteorological information
8. Other important matters concerning aerodrome management
Article 245 (Management Standards for Radio navigation & Surveillance facilities <Amended as of Dec. 17, 1999, Jul. 3, 2004>)
The following are the management standards for Radio navigation & Surveillance facilities or aeronautical communications facilities as per the provisions of Article 80 (1) of the Act: <Amended as of Jul. 14, 1995, Dec. 17, 1999, Ju
l. 3, 2004, and Aug. 18, 2006>
1. Maintain the Radio navigation & Surveillance facilities or aeronautical communications facilities in compliance with the installation and technical standards as per the provisions of Article 225.
2. During the set hours of operation, maintain the functions of the facilities accurately.
3. Repairs and cleaning shall be performed to maintain the functions of Radio navigation & Surveillance facilities or aeronautical communications facilities.
4. In case the functions of Radio navigation & Surveillance facilities or aeronautical communications facilities are deemed impeded by buildings, plants, or other objects, the necessary measures shall be taken immediately inclu
ding the removal, etc., of such objects.
5. In case the operation of Radio navigation & Surveillance facilities or aeronautical communications facilities was suspended, the rated range and course were altered, the transmission of identification marks deteriorated, or th
e functions of Radio navigation & Surveillance facilities or aeronautical communications facilities were impeded for unavoidable reasons, or if the operation of Radio navigation & Surveillance facilities or aeronautical communicatio
ns facilities was resumed or their functions were restored, the Administrator of the Regional Aviation Administration or Director of the Air Traffic Center shall be notified accordingly.
6. In case the operation of Radio navigation & Surveillance facilities or aeronautical communications facilities was impeded due to a natural calamity or other accident, take the necessary measures immediately for the safe oper
ation of the aircraft, e.g., making an effort toward its restoration and continuous operation.
7. In case repair or other construction work is performed on Radio navigation & Surveillance facilities or aeronautical communications facilities, take the necessary measures to avoid impeding the operation of the aircraft.
8. The manager of Radio navigation & Surveillance facilities or aeronautical communications facilities shall furnish a business log on Radio navigation & Surveillance facilities or aeronautical communications facilities containing
the following information and keep it for one year or longer:
(a). Date and time of surveillance using surveillance equipment, etc., and its result (the frequency of recordings shall be more than once a day)
(b) In case the operation of the facilities was suspended or other accident occurred, the date and time, reason, and measures taken for the accident
(c) Matters related to notifying the Administrator of the Regional Aviation Administration and date and time of such
(d) Deleted. <Sept. 18, 1998>
9. Deleted. <Aug. 18, 2006>
(2) The Head of the Civil Aviation Safety Authority may designate the Authorized Inspection Agency among non-profit corporations engaging in aviation-related business and commission it to provide the inspection service as per t
he provisions of paragraph (1).
(3) Detailed matters concerning the procedure for designating the inspection institution, business scope, technology personnel, and facilities and equipment of the inspection institution and guidance and supervision of the inspectio
n institution as per the provisions of paragraph (2) shall be prescribed and published by the Head of the Civil Aviation Safety Authority.
[Newly Inserted as of Jul. 3, 2004]
(2) Necessary matters in the detailed content and operation procedures of the aeronautical telecommunications service as per the provisions of paragraph (1) shall be prescribed and published by the Head of the Civil Aviation Saf
ety Authority.
[Newly Inserted as of Aug. 18, 2006]
(2) When intending to approve the installation or retention of an obstacle as per paragraph (1), aerodrome installer shall verify whether such obstacle does not impede the flight safety of the aircraft in accordance with the standard
s below. In this case, approval shall not be given for the retention of all objects deemed capable of affecting the flight safety of any aircraft operating within the movement area and that flying in the upper air of the inner horizontal s
urface and conical surface based on the result of an aeronautical study. <Amended as of Aug. 18, 2006>
1. In the case of an aerodrome whose runway is used for non-instrument approach
(a) Take care not to install a new object that encroaches on the approach surface or transition surface or allow an existing object to expand.
(b) Take care not to install a new object that encroaches on the inner horizontal surface or conical surface or allow an existing object to expand. In case the Administrator of the Regional Aviation Administration acknowledges that
the encroaching obstacle is shielded by a fixed object that is difficult to remove, or the obstacle is not expected to compromise the safe operation of the aircraft based on the result of an aeronautical study, however, this provision d
oes not apply.
(c) Any existing object encroaching on the conical surface, inner horizontal surface, approach surface, and transition surface shall be removed. In case the Administrator of the Regional Aviation Administration acknowledges that
the encroaching obstacle is shielded by a fixed object that is difficult to remove, or the obstacle is not expected to compromise the safe operation of the aircraft based on the result of an aeronautical study, however, this provision d
oes not apply.
2. In the case of an aerodrome whose runway is used for non-precision approach
(a) Take care not to install a new object that encroaches on the approach surface or transition surface within 3,000 meters of the innerbase of the approach surface or allow an existing object to expand.
(b) Take care not to install a new object that encroaches on the approach surface, conical surface, or inner horizontal surface beyond 3,000 meters from the inner base of the approach surface or allow an existing object to expan
d. In case the Administrator of the Regional Aviation Administration acknowledges that the obstacle encroaching on the conical surface or inner horizontal surface is shielded by an existing fixed object that cannot be removed, or t
he obstacle is not expected to compromise the safe operation of the aircraft based on the result of an aeronautical study, however, this provision does not apply.
(c) An existing object that encroaches on the conical surface, inner horizontal surface, approach surface, and transition surface shall be removed. In case the Administrator of the Regional Aviation Administration acknowledges th
at the encroaching obstacle is shielded by a fixed object that is difficult to remove, or the obstacle is not expected to compromise the safe operation of the aircraft based on the result of an aeronautical study, however, this provision
does not apply.
3. In the case of an aerodrome whose runway is used for precision approach
(a) Make sure no fixed object (i.e., a structure that should be placed in the Runway strip for functional reasons excluding a fragile structure) encroaches on the inner approach surface, inner transition surface, and balked landing s
urface.
(b) When using a runway for an aircraft that is about to land, take care not to allow a movable object to encroach on the inner approach surface, inner transition surface, and balked landing surface.
(c) Take care not to install a new object that encroaches on the approach surface or transition surface or allow an existing object to expand.
(d) Take care not to install a new object that encroaches on the inner horizontal surface or conical surface or allow an existing object to expand. In case the Administrator of the Regional Aviation Administration acknowledges that
the encroaching obstacle is shielded by a fixed object that cannot be removed, or the obstacle is not expected to compromise the safe operation of the aircraft based on the result of an aeronautical study, however, this provision d
oes not apply.
(e) An existing object that encroaches on the conical surface, inner horizontal surface, approach surface, and transition surface shall be removed. In case the Administrator of the Regional Aviation Administration acknowledges t
hat the encroaching obstacle is shielded by a fixed object that cannot be removed, or the obstacle is not expected to compromise the safe operation of the aircraft based on the result of an aeronautical study, however, this provisio
n does not apply.
(3) Detail matters related to the location of a laser beam firing device and firing direction as per the provisions of subparagraph 5, paragraph (1) shall be prescribed and published by the Head of the Civil Aviation Safety Authority. <
Newly Inserted as of Jul. 3, 2004>
(4) The aerodrome installer shall manage obstacles in compliance with the following standards pursuant to Article 82 (7) of the Act: <Newly Inserted as of Aug. 18, 2006>
1. The Aerodrome installer shall manage obstacles within the zone where the obstacle limitation surface of the airport under his/her jurisdiction is vertically projected into the land surface or water surface (hereinafter referred to
as obstacle limitation zone) and report the status of the managed obstacles to the Administrator of the Regional Aviation Administration once a year.
2. For obstacles affecting flight safety within the obstacle limitation zone, precision measurement shall be performed every five years. In this case, the result shall be reported to the Administrator of the Regional Aviation Adminis
tration.
(2) The head of a competent government agency that undertakes consultations pursuant to paragraph 1 shall fill out Form 51-3, attach the business plan and design drawing, and forward them to the aerodrome installer.
(3) When an aerodrome installer has received a request for cooperation in paragraph 2, he/she shall determine whether the obstacle restricted height is exceeded and shall take one of the following actions.
1. In cases of buildings or structures that are deemed not to exceed the obstacle restricted height, the authority shall be notified that the installation/modification may be permitted.
2. In cases of buildings or structures that are deemed to exceed the obstacle restricted height and are also clearly deemed not to be exceptions to under conditions in paragraph 1 of Article 82 of the Act, the authority shall be no
tified not to give permission for the installation/modification.
3. In cases of buildings or structures that are deemed to exceed the obstacle restricted height but are recognized as exceptions falling under paragraph 1 of Article 82 of the Act, consult with the administrator of a regional aviati
on administration in accordance with paragraph 2 of Article 246 to determine whether the building or structure affects safe operations of aircraft.
4. If it is confirmed through consultation under paragraph 3 that the building or structure in question is screened by an already existing fixed object or that the result of an aeronautical study finds that the building or structure in q
uestion would have no effect on the safe operations of aircraft, then the head of a competent government agency shall be notified that the installation/modification may be permitted.혻 In such a case, the aeronautical study shall co
nform with the guidance on aeronautical study and risk assessment prescribed and notified by the Head of Civil Aviation Safety Authority.
(4) When a head of a competent government agency has given permission for an installation/modification pursuant to notification in subparagraph 4 of paragraph 3, he/she shall write out the status of installation/modification of the
building or structure in question by filling out Form 51-4 and forward it to the aerodrome installer in each of the following cases.
A. Within five (5) days of the start of installation/modification
B. Within seven (7) days of the installation/modification maximum height
C. Within five (5) days of the completion of installation/modification being approved for use.
(2) The following structures do not require the installation of Obstacle lights as per the proviso of Article 83 (4) of the Act: <Amended as of Aug. 18, 2006>
1. A structure located within a radius of 600 meters from a structure equipped with Obstacle lights whose height is lower than the inclined plane whose look-down gradient is one tenth for the horizontal plane from the top of the
structure where the aviation obstacle light is installed (hereinafter referred to as obstacle shield surface)
2. A structure located within a radius of 45 meters from the structure equipped with Obstacle lights whose height is either equal to or less than that of the structure where Obstacle lights is installed
3. A structure installed in an area other than the obstacle limitation zone and whose height is less than 150 meters, except the following structures, provided they do not fall under subparagraphs 1 and 2:
(a) Chimney, steel tower, pillar, and other structures whose width is smaller than their height
(b) Structures consisting only of frames
(c) Towers supporting overhead lines
(d) Mooring structures (limited to cases wherein visibility is less than 5,000 meters during daytime and for mooring during nighttime)
(3) The following structures may not require obstacle markings for day-use as per the proviso of Article 83 (4) of the Act: <Amended as of Aug. 18, 2006>
1. A structure installed within a radius of 600 meters from the structure equipped with obstacle markings for day-use whose height is less than the obstacle shield surface
2. A structure installed within a radius of 45 meters from the structure equipped with obstacle markings for day-use whose height is equal to or less than that of the structure where obstacle markings are installed
3. A structure installed in areas other than the obstacle limitation zone and whose height is less than 150 meters, except the following structures, provided they do not fall under subparagraphs 1 and 2:
(a) Chimney, steel tower, pillar, and other structures of similar forms and attached lines
(b) Structures consisting only of frames
(c) Overhead lines and supporting towers
(d) Mooring structures and attached lines
4. Structures operated during daytime and with high-intensity aviation obstacle lights
[Wholly Amended as of Jul. 3, 2004]
Article 249 (Installation Standards and Installation Location of Aviation Obstacle lights)
(1) The installation location of Aviation Obstacle lights as per the provisions of Article 83 of the Act is prescribed in Appendix 28-6.
(2) The installation standards for Aviation Obstacle lights as per the provisions of Article 83 of the Act are prescribed in Appendix 28-7.
[Wholly Amended as of Jul. 3, 2004]
Article 250 (Installation Standards for Aviation Obstacle Markings for day use)
The installation standards for Aviation Obstacle Markings for day use as per the provisions of Article 83 of the Act are prescribed in Appendix 28-8.
[Wholly Amended as of Jul. 3, 2004]
(2) In areas where the maintenance of functions and operation of the navigation aids facilities as published, installed, and operated in accordance with the provisions of Article 76 (1) of the Act are deemed to be hindered, no struct
ure or obstacle shall be installed. In case the matter was previously discussed with the Administrator of the Regional Aviation Administration, however, this stipulation does not apply. <Amended as of Dec. 17, 1999>
(3) Acts feared to compromise aviation safety as per the provisions of Article 85 (2) of the Act are as follows: <Amended as of Jul. 14, 1995, Jul. 3, 2004, and Aug. 18, 2006>
1. Acts generating residues such as metal pieces, textile, and other objects on the Runway strip, taxiway, or apron
2. Smoking in the Runway strip, taxiway, apron, hangar, and places where smoking is prohibited by the marking posted by the Minister of Land, Transport and Maritime Affairs or aerodrome installer as per Form 52
3. Operation of aircraft or vehicles deemed to serve as obstacles to an aircraft in operation
4. Emission of laser beams
(4) To protect the safety of aircraft from the emission of laser beams as per subparagraph 4, paragraph (3), the Head of the Civil Aviation Safety Authority shall establish the following airspaces in the vicinity of aerodrome <Newly I
nserted as of Aug. 18, 2006>
1. Laser-beam Free Flight Zone (LFFZ)
2. Laser-beam Critical Flight Zone (LCFZ)
3. Laser-beam Sensitive Flight Zone (LSFZ)
(5) The standards for establishing the protected airspace as per paragraph (4) and permissible output limit of laser beams are prescribed in Appendix 28-10. <Newly Inserted as of Aug. 18, 2006>
(6) Any person intending to emit laser beams to the protected airspace as per paragraph (4) shall obtain approval from the Head of the Civil Aviation Safety Authority. <Newly Inserted as of Aug. 18, 2006>
(2) The following documents shall be attached to the Application as per paragraph (1):
1. Statement of Estimated Business Revenue and Expenditure
2. Reason for change and Statement of Business Revenue and Expenditure before the change (limited to cases wherein the rental fee is adjusted)
Article 259 (Notification of Succession of Status of Aerodrome Installer) <Amended as of Dec. 17, 1999>
(1) Any person intending to succeed the status of an Aerodrome installer or an installer of navigation aids facilities as per the provisions of Article 87 of the Act shall submit to the Administrator of the Regional Aviation Administratio
n Notification of Succession of Status of Installer of Aerodrome/Navigation Aids Facilities (Form 54) (including notification in electronic document). <Amended as of Dec. 17, 1999, Nov. 29, 2004>
(2) The following documents (including electronic documents) shall be attached to the notification as per paragraph (1) (in this case, the public official in charge shall verify the Copies of Family Register (limited to cases wherein th
e notifier is an individual) and Copies of Corporate Register (limited to cases wherein the notifier is a juridical person) through the joint use of administrative information pursuant to Article 21 (1) of the Act on the Promotion of the Di
gitalization of Administrative Affairs, etc., for the Creation of Electronic Government and have the documents attached in case the notifier does not agree with the verification): <Amended as of Dec. 17, 1999, Sept. 18, 2000, Nov. 2
9, 2004, Jul. 1, 2005, and Aug. 7, 2006>
1. Documents verifying the succession
2. List of assets (for individuals)
3. Deleted. <Aug. 7, 2006>
4. If the notifier is an organization with no corporate status, e.g., in-house association, etc., a copy of the Agreement of Association, a list of association members, and a list of assets
5. If the notifier is a corporation or a corporate organization, a document verifying the decision making on the succession of status
6. Deleted. <Sept. 18, 1998>
Article 260-3 (Establishment and Implementation of Safety Management Plan for Navigation Aids Facilities)
(1) To promote aviation safety, the Head of the Civil Aviation Safety Authority shall establish and publish a safety management plan for navigation Aids facilities (excluding aeronautical ground lighting; the same shall apply hereinaf
ter) pursuant to Article 88 (2) of the Act and notify the installer or manager of navigation aids facilities accordingly.
(2) Upon receiving a notice as per paragraph (1), the installer or manager of navigation aids facilities shall devise and implement a safety management plan for the navigation aids facilities.
[Newly Inserted as of Aug. 18, 2006]
SECTION 2 Airport
Article 265 (Application for Operation Permission for Airport Development Projects)
The Application for Operation Permission for Airport Development Projects as per the provisions of Article 94 (2) of the Act and Article 27 (1) of the Decree is prescribed in Form 58.
Article 266 (Application for the Approval of Airport Development Project Implementation Plan)
(1) The Application for Approval of Implementation Plan for Airport Development Project as per the provisions of Article 95 (3) of the Act and Article 28 of the Decree is prescribed in Form 59, and the Application for Implementation
Plan Revision, in Form 60. <Amended as of Dec. 17, 1999>
(2) As per Article 95 (2) of the Act, the term "matters as prescribed by the Ministerial Regulations of the Aviation Act "refers to the following: <Amended as of Nov. 30, 1994, Jul. 14, 1995, and Sept. 30, 2002>
1. Location map and ground plan showing the authorized zone
2. Construction description
3. Project ground plan and design drawings
4. Construction schedule
5. Financing plan (including capital investment plan and financial resource procurement plan by year)
6. Environmental impact assessment (limited to target projects for environmental impact assessment as per the provisions of Article 7 of the Enforcement Decree, Basic Environmental Policy Act (BEPA), and Appendix 2
7. Documents describing matters related to other construction works
(3) For the Application for Approval of Implementation Plan Revision as described in paragraph (1), documents describing the reasons for the revision and content of revision as well as drawings shall be attached.
(4) For the purpose of Article 95 (4) of the Act, the term "alteration of minor matters as prescribed by the Ministerial Regulations of the Aviation Act" refers to any of the following: <Newly Inserted as of Dec. 17, 1999, Jul. 1, 2005>
1. Buildings: Alteration corresponding to the provisions of Article 12 (3) of the Presidential Decree of the Building Act
2. Other facilities: Alteration amounting to less than ten hundredth of the total project cost, excluding alterations accompanying facilities layout plan and structural change in the case of civil engineering facilities
(2) The standards for the calculation of the charge amount as per the provisions of Article 103 (2) of the Act shall apply mutatis mutandis to the provisions of subparagraphs 1~3 and 5, Article 38 (1) of the Decree.
(2) Any person intending to use airport facilities prior to their completion as per the provisions of Article 104 (5) of the Act shall submit to the Administrator of the Regional Aviation Administration Application for Permission to Use Pr
ior to Completion (Form 62) together with the design drawings and photos of the airport facilities <Amended as of Dec. 17, 1999>
(2) The airport facilities management ledger shall contain the following information:
1. Airports covered by laws and ordinances and changes in airport facilities
2. Changes in airport facilities such as new constructions, additions, and improvements
3. Other matters required for the management and operation of an airport
(3) Among the drawings specified in paragraph (1), a ground plan showing the topography of the vicinity, directions, and altitudes and containing the following information shall be prepared in 1:5,000 scale:
1. Airport zone and its boundary
2. Names of administrative zones and their boundaries
3. Location of airport facilities and layout status
4. Adjacent transportation facilities such as roads, railroads, and harbors
5. Status of obstacle distribution in the vicinity
6. Other references required for the management of airport facilities
Degree of Noise
Division Zone
(unit: WECPNL)
(2) When providing support in installation of soundproof facilities and joint facilities under subparagraphs 3 and 4 of paragraph 1 above, the support shall be provided in accordance with the soundproof facility installation standards
and eligible joint-use facilities as determined and notified by the Head of Civil Aviation Safety Authority. <Amended as of Jul. 14, 1995; Ministerial Regulations No. 12, May.6, 2008>
(3) Facilities managed in accordance with subparagraph 5, paragraph (1), an airport developer or airport facilities manager may support repair/reinstallation of soundproof facilities under subparagraph 3 and cooling facilities under
subparagraph 4(only applies to cooling facilities installed at school) that has declined due to aging, installed 10 years before or previous.
<Newly Inserted by Ministerial Regulations No. 12,혻 May.8, 2008>
n
dB(A) = 10log[1/n( ��10Li/10)]dB(A)
i=1
2. 혻N is the value gotten from the following formula where N1 is the number of aircraft take-offs/landings per day from 0 am to 7 a.m., N2 from 7 a.m. to 7 p.m., N3 from 7 p.m. to 10 p.m., and N4 the number of take-offs/landing
s per day from 10 p.m. to 12 p.m.
(3) Serving as the bases for determining the value described in paragraph (2), the type, number of flights, flight path, etc., of aircraft taking off from and landing on the airport shall be determined based on the standard conditions p
er year. Detailed matters concerning the measurement point, measurement location, and other measurements of the degree of noise shall be based on the noise and vibration process test method as prescribed in Article 7 of the
Noise and Vibration Control Act. <Amended as of Jul. 1, 2005>
Article 274 (Restriction on the Installation of Facilities Based on the Degree of Noise Impact)
The restriction on the installation of facilities within areas affected by airport noise or likely to be affected by airport noise as per the provisions of Article 107 (3) of the Act and Article 42 of the Decree shall be based on Form 29, an
d the restriction on use, based on Form 30.
(3) When the degree of noise is reduced for an aircraft given classification of the noise classes as per the provisions of paragraph (2) due to an improvement of the aircraft or its engine, and data verifying such fact are submitted, t
he Head of the Civil Aviation Safety Authority shall reclassify the noise classes for the aircraft based on the registration symbol. <Amended as of Jul. 14, 1995, Jul. 3, 2004>
(2) For the KRW-USD exchange rate, the market average rate (i.e., the exchange rate obtained when the inter-bank rate for the US dollar is weight-averaged by the trade volume) shall be applied when paying the noise charge. N
ote, however, that the basic date of application of the exchange rate shall be the date of landing of the aircraft.
Article 277-2 (Revocation and Others of Implementation of Airport Development Projects and Others)
Revocation of implementation of airport development projects or permission/approval/designation of management of airport facilities or suspension of effectiveness/suspension of construction works, remodeling/alteration/moving/r
emoval of ground or underground structures or objects or disposal of penalties for restoration to the original state are as shown in Appendix 30-2.
The Minister of Land, Transport and Maritime Affairs may adjust the disposed penalty by taking into consideration the motive behind the act of violation and extent/frequency of violation.혻 However, even when adjusting a dispose
d penalty, the suspension of effectiveness or suspension of construction works may not be adjusted to revocation of permission or approval.
[Newly Inserted by Ministerial Regulations No. 12, May.8, 2008]
(2) Upon receiving an Application for Certificate of Airport Operation as per the provisions of paragraph (1), the Head of the Civil Aviation Safety Authority shall examine whether the operation system of the airport complies with �
쏛irport Operation Standard��(hereinafter referred to as the airport operation standard) as per the provisions of Article 111-2 (2) of the Act and Airport Operation Manual as approved in accordance with the provisions of Article 2
77-3 (2) and issue a Airport Operating Certificate(Form 63- 3) to the airport operator if the Application is deemed compliant.
(3) The Head of the Civil Aviation Safety Authority may have a public official under his/her control or a person commissioned from among those qualified as per the provisions of the subparagraphs of Article 325 inspect and ask an
y question such examination as per the provisions of paragraph (2) or respond to inquiries.
[Newly Inserted as of Nov. 22, 2003]
(2) Upon receiving an Application for Approval of Airport Operation manual as per the provisions of paragraph (1), the Head of the Civil Aviation Safety Authority shall examine whether Airport Operation manual comply with airport
operation standard and approve the Application if it is deemed compliant.
(3) For the airport operator who submitted the documents specified in subparagraph 7, paragraph (1), the Head of the Civil Aviation Safety Authority shall approve Airport Operation manual as per the provisions of paragraph (2) w
hen securing the safety of airport operation is deemed possible through such alternate facilities or alternate operation procedures based on aeronautical study. In this case, the aeronautical study shall be in conformance with the g
uidance on aeronautical study and risk assessment prescribed and notified by the Head of Civil Aviation Authority.
(4) When deemed necessary to implement Airport Operation manual as approved in accordance with the provisions of paragraph (2), the airport operator may request for cooperation in viewing or submitting related documents fro
m those involved in airport operation such as Air Transportation Servicemen and Ground Handling Servicemen.
(5) The provisions of Article 277-2 (3) shall apply mutatis mutandis to the approval of Airport Operation manual.
[Newly Inserted as of Nov. 22, 2003]
Article 277-5 (Application Procedure for the Approval of Amendments to Airport Operation manual)
(1) When intending to amend Airport Operation manual as approved in accordance with the provisions of Article 277-3, the airport operator shall submit to the Head of the Civil Aviation Safety Authority Application for Approval to A
mend Airport Operation manuals(Form 63-5) together with documents containing the following information:
1. Content of the amendment
2. Comparison table between the old and new contents
3. Alternate facilities or alternate operation procedures that can supplement any matter failing to meet the Airport Operation Standard
(2) Upon receiving an Application for Airport Operation manual as per the provisions of paragraph (1), the Head of the Civil Aviation Safety Authority shall examine whether airport operation standard complies with Airport Operatio
n manual and approve the application if such manuals are deemed compliant.
(3) The provisions of Articles 277-2 (3) and 277-3 (4) shall apply mutatis mutandis to the approval of amendments to the Regulations for Airport Operation.
(4) In case Airport Operation manual needs to be amended as per the provisions of Article 111-3 (2), the airport operator shall apply for the approval of amendments of airport operation manual as prescribed in paragraph (1) within
30 days of the date of amendment of airport operation standard or issuance of order to amend airport operation manual by the Head of the Civil Aviation Safety Authority.
[Newly Inserted as of Nov. 22, 2003]
(2) When intending to report amendments to Airport Operation manual as per the provisions of Article 111-3 (1) of the Act, the airport operator shall submit to the Head of the Civil Aviation Safety Authority Report of Amendments to
Airport Operation manual (Form 63-6) together with the following documents:
1. Content of the amendment
2. Comparison table between the old and new contents
(3) The provisions of Articles 277-3 (4) and 277-4 (4) shall apply mutatis mutandis to the report of amendments to the Regulations for Airport Operation.
[Newly Inserted as of Nov. 22, 2003]
(2) When ordering the airport operator to take corrective measures as per the provisions of Article 111-4 (2), the Head of the Civil Aviation Safety Authority shall allow an appropriate period of time as necessary for the correction, e.
g., period of installation of facilities, etc.
(3) In case the order to take corrective measures as per the provisions of paragraph (2) is carried out, the airport operator receiving the order shall immediately notify the Head of the Civil Aviation Safety Authority accordingly.
[Newly Inserted as of Nov. 22, 2003]
(2) The criteria for the revocation of certificate of airport operation or suspension of airport operation as per the provisions of Article 111-5 are prescribed in Appendix 30-3.
(3) The Head of the Civil Aviation Safety Authority may lighten or increase the penalty within the range of 1/2 of the suspension period of airport operation as prescribed in Appendix 30-3 considering the degree and number of viol
ations. Even if the penalty is increased, however, the period shall not exceed 6 months.
[Newly Inserted as of Nov. 22, 2003]
Aviation Act Quick Menu
CHAPTER 7 Ground Handling Service CHAPTER 8 Foreign Aircraft CHAPTER 8-2 Investigation of Aviation Accident
CHAPTER 9 Supplementary Provisions
(2) The Minister of Land, Transport and Maritime Affairs shall examine whether an application for license received as per the provisions of paragraph (1) complies with the license standards as per the provisions of Article 113 and
whether there is any reason for disqualification as per the provisions of Article 114, record it in the License Ledger of the attached Form 65 if the content of the application is deemed compliant, and issue Form 66 or license. <Ame
nded as of Jul. 14, 1995>
(3) Any person obtaining a license for a for scheduled air transportation service as per the provisions of paragraph (2) and wishing to introduce a new air route as per the provisions of Article 112 shall submit to The Minister of Lan
d, Transport and Maritime Affairs application for Introduction of a New Air Route (Form 67) together with the following documents: <Amended as of Jul. 14, 1995>
1. A document explaining the intent to introduce the air route
2. A document verifying or explaining that the application complies with the license standards as per the provisions of Article 113 of the Act
3. A business plan specifying the following:
(a) Departure point, ports of call, destination, and distance between points of the route
(b) Details of changes, if any, in the number of aircraft and their type after the introduction of a new air route from the number and type of aircraft being used at the time of application
(c) Number of flights, date and time of departure and arrival for the air route
(d) Source of funds required to introduce the air route and financing method
(e) Details of changes, if any, in the maintenance facilities or operation and management facilities due to the introduction of the air route
(f) Details of changes, if any, in the number of airmen based on qualification due to the introduction of the air route
(g) Estimated quantity of passenger cargos to be handled in the air route and grounds for such estimation
(h) Expected revenue and expenditure of the business including the new air route
4. Report of Business Record for the past 3 years
(4) The Minister of Land, Transport and Maritime Affairs shall examine whether the application for license received as per the provisions of paragraph (3) complies with the license standards as per the provisions of Article 113, rec
ord it in the License Ledger of Form 65 if the content of the application is deemed compliant, and issue Form 67-2 or license. <Amended as of Jul. 14, 1995>
(5) Any person obtaining a license for scheduled air transportation service as per the provisions of paragraph (2) and wishing to introduce a new air route using foreign aircraft as per the provisions of Article 12-4 of the Decree shal
l satisfy the following requirements: <Newly Inserted Article as of Dec. 17, 1999>
1. The responsibility for the operation of the aircraft including maintenance shall be indicated in the lease contract.
2. The responsibility for compensation for any accident occurring during the operation of the aircraft shall be clearly stated in the contract.
3. The operation code and flight number of the lessee shall be clearly stated.
4. The Certificate of Aircraft Registration, Certificate of Airworthiness, Noise Certificate, and Aircrew Certificate shall be obtained from the country of aircraft registration in accordance with the ICAO (International Civil Aviation Or
ganization) standards.
5. Other requirements prescribed in an aviation agreement concluded with the target country for the operation of the aircraft shall be satisfied.
Article 278-2 (Content of the Provided Information on the Safety of the Air Operator)
The content of the information provided in relation to the safety of the Air Operator (including foreign air transportation servicemen as per Article 144) by the Head of the Civil Aviation Safety Authority as per the provisions of Article
112-2 shall include the following:
1. Details of death-related accidents occurring for the past 5 years
2. Safety-related data published in foreign countries
3. Result of safety evaluation of the country where the Air Operator belongs (limited to data made available by ICAO)
4. Other matters deemed necessary by the Head of the Civil Aviation Safety Authority to promote the safety of aircraft use by the country
[Newly Inserted as of Jun. 29, 2007]
[Existing Article 278-2 moved to Article 278-3 <Jun. 29, 2007>]
Article 278-3 (License Standards for the Scheduled Air Transportation Service)
The license standards to be satisfied by an Air Operator as per the provisions of Article 113-3 are prescribed in Appendix 30-4. <Amended as of Nov. 22, 2003>
[Newly Inserted as of Dec. 17, 1999]
[Moved from Article 278-2 <Jun. 29, 2007>]
(2) Upon receiving an Application for Air Operator Certificate as per the provisions of paragraph (1), the Head of the Civil Aviation Safety Authority or Administrator of the Regional Aviation Administration shall establish a plan for th
e examination for operation certification within 10 days and notify the applicant of the result. <Amended as of Sept. 30, 2002, Jul. 3, 2004>
[Wholly Amended as of Sept. 24, 2001]
(2) For the purpose of Article 115-2 (2), the term "operating conditions and restricted matters as prescribed by the Ministerial Regulations of the Aviation Act" refers to the following:
1. Name and address of the contact person regarding the location and operations specifications of the main business office for Scheduled Air Transportation Service
2. Regular airports, type of aircraft, and registration symbol to be used for Scheduled Air Transportation Service
3. Kinds of approved operation
4. Airways to be operated, approval and restricted matters of the area
5. Restricted matters of the airport
6. Restricted time or standards for restricted time concerning the examination, inspection, and comprehensive overhaul examination of the airframe, engines, propellers, rotors, instruments, and emergency equipment
7. Requirements for the exchange of aircraft parts among the scheduled air carriers
8. Methods of aircraft weight distribution
9. Matters concerning the lease of aircraft, etc.
10. Other matters prescribed and published by the Head of the Civil Aviation Safety Authority for Safe operation of aircraft. <Newly Inserted by Ministerial Regulations No. 12, May.8, 2008>
[Newly Inserted as of Sept. 24, 2001]
(2) Unless it is a matter of urgency, or if the holder of the Air Operator Certificate does not raise an objection, the revised operation specifications as per the provisions of paragraph (1) shall apply 30 days after the issuance date.
(3) Any holder of an Air Operator Certificate wishing to apply for a revision of operation specifications as per the provisions of Article 115-2 (3) shall submit to the Head of the Civil Aviation Safety Authority Application for Revision of
Operation Specifications (Form 70-3) specifying the content to be revised and reasons for revision at least 15 days before the date of application of the revision to the operations specifications. <Amended as of Sept. 30, 2002, Aug
. 18, 2006; Ministerial Regulations No. 12, May.8, 2008>
(4) Upon receiving an Application for Revision of Operation Specifications as per the provisions of paragraph (3), the Head of the Civil Aviation Safety Authority or Administrator of the Regional Aviation Administration shall examine
whether there would be any problem in securing the safe operation of the aircraft and issue the revised operation specifications to the applicant when no problems are expected. <Amended as of Sept. 30, 2002, Jul. 3, 2004>
[Newly Inserted as of Sept. 24, 2001]
(2) Upon receiving an application as per the provisions of paragraph (1), the Head of the Civil Aviation Safety Authority or Administrator of the Regional Aviation Administration shall inspect the following matters before starting the
operation of a new air route, etc., according to the modified safe operation system: <Amended as of Sept. 30, 2002, Jul. 3, 2004>
1. Aircraft to be used
2. Maintenance facilities for the aircraft and its parts
3. Fueling and fuel storage facilities for the aircraft
4. Spare parts and their storage facilities
5. Operation management facilities and management method
6. Ground handling facilities and equipment
7. Status of securing the necessary airmen for operation and their capability
8. Specifications and characteristics of the target aerodrome be serviced
9. Facilities related to passenger and cargo transportation services
10. Status of fulfillment of administrative orders related to license conditions or starting of business
11. Other matters deemed necessary by the Head of the Civil Aviation Safety Authority or Administrator of the Regional Aviation Administration for safe operation and air route operation
(3) When inspecting the modified safe operation system shall announce the result. <Amended as of Sept. 30, 2002, Jul. 3, 2004>
(4) In case the result of the examination as per the provisions of paragraph (2) reveals the compliance of the system accompanied by the revision of the operation specifications issued as per the provisions of Article 280-4 (2), the
Head of the Civil Aviation Safety Authority or Administrator of the Regional Aviation Administration shall issue the revised operation specifications as well. <Amended as of Sept. 30, 2002, Jul. 3, 2004>
(5) Notwithstanding paragraph (2), the Head of the Civil Aviation Safety Authority or Administrator of the Regional Aviation Administration may exempt from all or part of the examinations a person obtaining an Air Operator Certific
ate and wishing to operate an aircraft of a different type due to a change in the business plan following the modification of the safe operation system under the conditions prescribed by the operational technology criteria published
pursuant to Article 74-2 of the Act if no problem is expected in securing the safe operation of the aircraft. <Amended as of Aug. 18, 2006>
[Wholly Amended as of Sept. 24, 2001]
(2) The Head of the Civil Aviation Safety Authority may lighten or increase the penalty within the range of 1/2 of the suspension period of aircraft operation as prescribed in Appendix 30-7 considering the degree and number of viol
ations. Even if the penalty is increased, however, the period shall not exceed 6 months.
(3) The Operator involved in several violations shall be managed in accordance with the following classification:
1. In case the disposition standards for the most serious violation entail a revocation of certificate, the Certificate shall be revocated.
2. In case the disposition standards for each violation entail the discontinuation of the business, the periods of discontinuation shall be added.
[Newly Inserted by Ministerial Regulations No. 12, May.8, 2008]
Article 282 (Report of Operation Manual and Maintenance control manual<Amended as of Sept. 24, 2001>)
Anyone intending to set forth or amend Operation Manual and Maintenance control manual as per the provisions of Article 116 (1) shall submit to the Head of the Civil Aviation Safety Authority or Administrator of the Regional Aviat
ion Administration Report of Operation Manual and Maintenance control manual (amendment) (Form 71) together with Operation Manual and Maintenance control manual (in the case of amendment, Operation Manual and Maint
enance control manual as well as a comparison table between the old and new contents). <Amended as of Jul. 14, 1995, Sept. 24, 2001, Sept. 30, 2002, Jul. 3, 2004, and Aug. 18, 2006>
Article 283 (Matters to be Included in Operation Manual and Maintenance control manual)
The following matters should be included in Operation Manual and Maintenance control manual as per the provisions of Article 116 (1): <Amended as of Aug. 18, 2006>
1. Matters that should be included in operation manual as prescribed in Appendix 31
2. Matters that should be included in maintenance control manual such as the following:
(a) Weight and balance measurement procedure
(b) Maintenance and inspection program to maintain the airworthiness of the aircraft
(c) Quality control method and procedure for the maintenance of aircraft and parts
(d) Reliability management procedure for aircraft, etc., and parts, etc.
(e) Training method for maintenance personnel
(f) Scope of maintenance
(g) Maintenance method and procedure for aircraft, etc., and parts, etc.
(h) Other matters prescribed and published by the Head of the Civil Aviation Safety Authority
[Wholly Amended as of Jul. 3, 2004]
(2) Any person wishing to obtain a copy of the approved Operation Manual and Maintenance control manual in accordance with the provisions of paragraph (1) shall submit to the Head of the Civil Aviation Safety Authority or Admi
nistrator of the Regional Aviation Administration Application for Approval (amendment) of Operation Manual and Maintenance control manual (Form 71-2) together with Operation Manual and Maintenance control manual (in the c
ase of amendment, Operation Manual and Maintenance control manual to be amended as well as a comparison table between the old and new contents). <Amended as of Sept. 30, 2002, Aug. 18, 2006>
[Newly Inserted as of Sept. 24, 2001]
Article 283-3 (Distribution of Operation Manual and Maintenance control manual)
Any scheduled air carrier shall ensure that up-to-date information are included in Operation Manual and Maintenance control manual as reported or approved in accordance with the provisions of Articles 282 and Article 283-2, and
that the most recent Operation Manual and Maintenance control manual are distributed to personnel involved in the operation and maintenance of the aircraft.
[Newly Inserted as of Aug. 18, 2006]
(2) Any scheduled air operator intending to include non-scheduled air routes for more than once a week, less than 4 weeks to meet temporarily increased demand due to seasonal reasons, etc.(hereinafter referred to as "temporar
y increase") in the business plan, shall submit to the Administrator of the Regional Aviation Administration Application for Approval of Temporary Increase in the Number of Flights of an Air Route(Form76-2)together with the details
of the temporary increase in the number of flights.
(3) In case the temporary increase is for non-business purposes falling under any of the following categories and when a flight plan was submitted to the Administrator of the Regional Aviation Administration as per the provisions o
f Article 187, Approval for the Revision of Business Plan is deemed to have already been obtained: <Newly Inserted by Ministerial Regulations No. 12,혻 May.8, 2008>
1. Ferry flight for the maintenance of aircraft
2. Test flight for checking the aircraft's performance following maintenance
3. Flight of an aircraft returning to an alternate airport to the destination airport
4. Flight to transport persons and cargoes such as rescue workers or emergency relief materials for free
(2) Any person intending to revise any of the following matters as per the provisions of Article 120 (2) shall submit to the Administrator of the Regional Aviation Administration Report of Revision of the Business Plan (Form 77) toge
ther with documents that can verify the revision: <Newly Inserted as of Dec. 17, 1999, Sept. 18, 2000, and Jul. 1, 2005>
1. Type of aircraft (for international lines, the type shall be limited to the relevant scope of transportation capacity in case such scope of transportation capacity is set considering the number of seats and size of cargo tonnage th
at can be loaded as prescribed in the aviation agreement)
2. Reduction in the number of operations (flights) or suspension of operation for the air route (limited to cases lasting for two months or less)
3. Aerodrome used for landing for the purpose of fueling and maintenance of the aircraft
4. Flight time of the aircraft (if the destination airport is a military one, limited to the case wherein the base commander agrees to the flight time)
5. Flight number of the aircraft
6. In case operation is possible without restriction in terms of airports of call and transportation capacity pursuant to the aviation agreement concluded with foreign countries, the airports of call and number of operations (flights)
7. Temporary change of the international air route (limited to the case of seven days or less)
(3) Any person intending to alter the type of aircraft temporarily for unavoidable reasons as per the provisions of Article 120 (2) of the Act shall notify the Administrator of the Regional Aviation Administration accordingly in documen
t form or via telegram at least 10 minutes prior to departure. <Amended as of Dec. 17, 1999>
(4) When alterations are made as per subparagraphs 1~4, paragraph (1), the Minister of Land, Transport and Maritime Affairs shall be notified accordingly within 30 days of completing such alterations. In this case, the public offici
al in charge shall verify the Copy of Corporate Register through the joint use of administrative information pursuant to Article 21 (1) of the Act on the Promotion of the Digitalization of Administrative Affairs, etc., for the Creation of El
ectronic Government and have the documents attached in case the reporter does not agree with the verification. <Amended as of Aug. 7, 2006>
(2) For the purpose of the proviso of Article 121 (1) of the Act, the term "minor matters as prescribed by the Ministerial Regulations of the Aviation Act "refers to the following: <Newly Inserted as of Dec. 17, 1999, Jul. 1, 2005, and
Aug. 18, 2006>
1. Matters concerning the change in the valid period of the transportation agreement approved as per the provisions of Article 121 of the Act
2. Matters concerning the change of the accounting rate as stipulated in the agreement, etc., approved as per the provisions of Article 121 of the Act
3. Matters concerning the change of flight number of the aircraft as stipulated in the agreement, etc., approved as per the provisions of Article 121 of the Act
4. Matters concerning the change in the number of operations (flights) or change of airports of call (limited to the change in the number of operations (flights) or change of airports of call within the scope of the business plan bas
ed on the license for the air route) as stipulated in the agreement, etc., approved in accordance with the provisions of Article 121 of the Act
(3) Any Air operator intending to amend any matter prescribed in the subparagraphs of paragraph (2) as per the provisions of Article 121 (1) shall submit to the Minister of Land, Transport and Maritime Affairs Report of Amendme
nt of the Agreement on Business Cooperation Pertaining to Transportation (Form 78-2) together with documents that can verify the amendment. <Newly Inserted as of Dec. 17, 1999, Aug. 18, 2006>
Article 292 (Application for Authorization to Hand over or Take over a Service)
(1) Any transferor or transferee wishing to hand/take over a scheduled air transportation service, as per the provisions of Article 124 (1) shall submit to the Minister of Land, Transport and Maritime Affairs Application for Approval of
Handover or Takeover (Form 79) signed jointly within 30 days of the contract date together with the following documents (in this case, the public official in charge shall verify the Copy of Corporate Register of the transferee (limited
to the case wherein the transferee is a juridical person) through the joint use of administrative information pursuant to Article 21 (1) of the Act on the Promotion of the Digitalization of Administrative Affairs, etc., for the Creation of El
ectronic Government and have the documents attached in case the applicant does not agree with the verification: <Amended as of Jul. 14, 1995, Aug. 7, 2006>
1. Business plan for the air route after the handover or takeover
2. Documents verifying that the transferee complies with the standards as prescribed in subparagraphs 3 and 4, Article 113 of the Act and documents verifying that the transferee does not fall under any of the reasons for disqu
alification as prescribed in Article 114 of the Act
3. Copy of Handover or Takeover Contract
4. Deleted. <Aug. 7, 2006>
5. Documents verifying the decision making related to the handover or takeover (limited to the case wherein the transferor or transferee is a juridical person)
(2) Upon receiving an application as per paragraph (1), the Minister of Land, Transport and Maritime Affairs shall announce the following matters as per the provisions of Article 124 (3) of the Act: <Amended as of Jul. 14, 1995>
1. Names of the transferor and transferee (in the case of a corporation, the names of the corporation and the representative) and address
2. Air route and scope of business subject to the handover or takeover
3. Reasons for the handover and takeover
4. Application date of approval for the handover and takeover and estimated date of handover or takeover
Article 295 (Application for Permission of Service Suspension, etc. <Amended as of Aug. 18, 2006>)
Any person intending to suspend his/her scheduled air transportation service as per the provisions of Article 127 (1) shall submit to the Minister of Land, Transport and Maritime Affairs From 82 or Application for Approval of Servic
e Suspension (in case the person wishes to suspend a scheduled air transportation service operating a domestic air route, the Application for Service Suspension). <Amended as of Jul. 14, 1995, Aug. 18, 2006>
(2) When the application of disposition standards as per Appendix 31-2 is deemed conspicuously unreasonable, the disposition standards may be made stricter or more lenient as prescribed in the following classification consideri
ng the degree of encroachment on public welfare, degree of damage due to an accident, degree of mistake of the airmen, and details and number of violations:
1. In case the service is suspended in part or in full, the disposition standards shall be made stricter or more lenient provided they do not exceed the range of 1/2 of the basic number of days. Even in cases where the standards
are made stricter, the period shall not exceed 6 months.
2. In case of the revocation of registration or license of an air operator with only one aircraft, the entire service shall be suspended for 90 days or more.
(3) Any similar businessman involved in several violations shall be managed in accordance with the following classification:
1. In case the disposition standards for the most serious violation entail a revocation of license, registration, and permission or closure of business offices, the revocation of license, registration, and permission or closure of busi
ness office shall be implemented.
2. In case the disposition standards for each violation entail the discontinuation of the business, the periods of discontinuation shall be added.
[Newly Inserted as of Dec. 17, 1999]
Article 297 혻Deleted <by Ministerial Regulations No. 12, May.8, 2008>
Article 298 (Application for the Registration of Non-scheduled Air Transportation Service and Aerial work)
(1) Any person intending to operate a Non-scheduled Air Transportation Service as per Article 132 of the Act and an aircraft-using business as per Article 134 of the Act shall submit to the Minister of Land, Transport and Maritime
Affairs or Administrator of the Regional Aviation Administration Application for Registration of Non-scheduled Air Transportation Service or Aerial work(Form 83) together with the documents listed below (limited to cases wherein th
e authority is delegated as per subparagraphs 28-4 and 28-5, paragraph 3, Article 63 of the Decree; the same shall apply hereinafter in this Article and Article 300). In this case, the public official in charge shall verify the Copy of C
orporate Register (limited to cases wherein the applicant is a juridical person) through the joint use of administrative information pursuant to Article 21 (1) of the E-Government Act and have the documents attached in case the app
licant does not agree with the verification. <Amended as of Jul. 14, 1995, Dec. 17, 1999, Sept. 18, 2000, Jul. 1, 2005, Aug. 7, 2006, and Jun. 29, 2007>
1. Documents explaining the aim of operating the business
2. Documents verifying that the application complies with the registration standards as prescribed in Articles 132 (3) and 134 (2) of the Act
3. Business plan specifying the following:
(a) Type of business (limited to the Non-scheduled Air Transportation Service)
(b) Main area where business activities are carried out; in the case of a Non-scheduled Air Transportation Service, however, the following documents or matters shall be included in the business plan:
(i) In case the business is operated in foreign countries, documents verifying the operation of the business, e.g., signing a contract, provided the Convention of International Civil Aviation and laws and regulations of the countries
concerned are observed
(ii) In the case of a transportation business between points of the route, departure point, ports of call, destination, air route, and distance between points of the route
(iii) In the case of a tourist flight business, matters related to the departing airport and flight path
(c) Number of aircraft to be used and type of each aircraft (in the case of a transportation business between points of the route and a tourist flight business, the number of aircraft to be used and type of each aircraft by air route or
tourist flight zone)
(d) Source of funds required to operate the business and financing method
(e) Quantity of passenger, cargoes to be handled and basis for such calculation, estimated revenue and expenditure of the business
(f) Scope of contract work and basis for such calculation, estimated revenue and expenditure of the business
(g) Summary of other business in case the applicant is operating another business
4. Deleted. <Aug. 7, 2007>
5. Documents verifying the availability of the airport or Aerodrome facilities during the operation hours (limited to the Non-scheduled Air Transportation Service using fixed-wing aircraft excluding a chartered transportation busin
ess)
6. Support plan for aircraft accidents as per Article 49-2 (1) of the Act (limited to a Non-scheduled Air Transportation Service)
(2) In case the content of the Application for Registration as per paragraph (1) is not clear, or the attached documents are insufficient, the Minister of Land, Transport and Maritime Affairs or Administrator of the Regional Aviation A
dministration shall request for supplementation within 7 days. <Amended as of Jul. 14, 1995, Dec. 17, 1999, and Jun. 29, 2007>
(3) The Minister of Land, Transport and Maritime Affairs or Administrator of the Regional Aviation Administration shall examine whether an Application for Registration received as per paragraph (1) complies with the registration st
andards for a Non-scheduled Air Transportation Service as per the provisions of Article 132 (3) of the Act or registration standards for an Aerial work as per the provisions of Article 134 (2) of the Act and register it in Registration Le
dger (Form 84) and issue a Certificate of Registration of Non-scheduled Air Transportation Service or Aerial work (Form 85) if the content of the application is deemed compliant. <Amended as of Jul. 14, 1995, Jun. 29, 2007>
(4) When examining the content of the application for registration as per paragraph (3), the Minister of Land, Transport and Maritime Affairs or Administrator of the Regional Aviation Administration may seek the opinions of the aut
horities or organizations concerned, i.e., whether the airmen who signed contracts with the applicant for the registration of the Non-scheduled Air Transportation Service or Aerial work, owner of the aircraft hangar, owner of the airp
ort or Aerodrome facilities and equipment, owner of the heliport or related facilities, and owner, etc., of the aircraft can fulfill the conditions of the contract. <Amended as of Jul. 14, 1995, Sept. 18, 2000, and Jun. 29, 2007>
Article 299 (Registration Standards for the Non-scheduled Air Transportation Service)
The registration standards for the Non-scheduled Air Transportation Service as per the provisions of Article 132 (3) of the Act are prescribed in Appendix 33.
Article 302 (Application of Provisions for the Scheduled Air Transportation Service)
(1) The provisions prescribed in Articles 279~283, Articles 283-2~283-3, Articles 288~296, and Article 296-2 may apply mutatis mutandis to a Non-scheduled Air Transportation Service, and those prescribed in Articles 279~283, A
rticles 283-2~283-3, Articles 289~290, Articles 292~296, and Article 296-2, to an Aerial work. In this case, a "temporary increase in the number of air routes" in accordance with the provisions of Article 289 (2) as applied to a Non-s
cheduled Air Transportation Service shall be regarded as "international non-scheduled flights," and "the Administrator of the Regional Aviation Administration," as "the Minister of Land, Transport and Maritime Affairs." <Amended a
s of Jul. 27, 1993, Nov. 30, 1994, Dec. 17, 1999, Sept. 18, 2000, Jul. 3, 2004, and Aug. 18, 2006>
(2) Any person registering for a Non-scheduled Air Transportation Service or whose Aerial work is designated as emergency aircraft as per the provisions of Article 173 shall be considered to have obtained Approval for the Revisi
on of Business Plan.
Article 304 (Application for Registration of Ground Handling Service and Aircraft Maintenance Service 혻<Amended as of Dec. 17, 1999; Ministerial Regulations No. 12, May.8, 2008>)
(1) Any person intending to operate an Ground Handling Service as per Article 137 of the Act or Aircraft Maintenance Service as per Article 137-2 shall submit to the Administrator of the Regional Aviation Administration Applicatio
n for Registration of Ground Handling Service and Aircraft Maintenance Service (Form 87) (including an application in electronic document) together with the following documents (including electronic documents; in this case, the p
ublic official in charge shall verify the Copy of Corporate Register (limited to cases wherein the applicant is a corporation) and Copy of Real Estate Register (excluding cases wherein another person's real estate is used) through th
e joint use of administrative information pursuant to Article 21 (1) of the E-Government Act and have the documents attached in case the applicant does not agree with the verification): <Amended as of Nov. 30, 1994, Jul. 14, 1995
, Dec. 17, 1999, Sept. 18, 2000, Nov. 29, 2004, Jul. 1, 2005, Aug. 7, 2006, and Jun. 29, 2007; Ministerial Regulations No. 12, May.8, 2008>
1. Document verifying or explaining that the application complies with the registration standards as per the provisions of Article 137 (2) or Article 137-2(2) of the Act.
2. Deleted. <Dec. 17, 1999>
3. Business plan specifying the following:
(a) Capital
(b) Name of company representative and name and location of business office
(c) Documents verifying the contract with the Air operator or Aerial worker
(d) Estimated quantity of business to be handled, grounds for such estimation, and statement of expected revenue and expenditure of the business
(e) Necessary funds and financing method
(f) Facilities and equipment to be used and summary of equipment
(g) Number of employees
(h) Estimated business start date
4. Deleted. <Nov. 30, 1994>
5. Deleted. <Aug. 7, 2006>
6. Documents verifying the availability of the real estate (limited to cases wherein another person's real estate is used)
7. Deleted. <Jul. 3, 2004>
(2) In case the content of Application for Registration as per paragraph (1) is not clear, or the attached documents are insufficient, the Administrator of the Regional Aviation Administration shall request for supplementation within 7
days. <Newly Inserted as of Dec. 17, 1999, Jun. 29, 2007>
(3) The Administrator of the Regional Aviation Administration shall examine whether an Application for Registration received as per paragraph (1) complies with the registration standards for Ground Handling Service as per the Art
icle 137 (2) of the Act or for Aircraft Maintenance Service as per the Article 137-2(2) of the Act and register it in Registration Ledger (Form 84) and issue a Registration Certificate of Ground Handling Service and Aircraft Maintenan
ce Service (Form 85) if the content of the application is deemed compliant. <Amended as of Dec. 17, 1999, Jun. 29, 2007; Ministerial Regulations No. 12, May.8, 2008>
(4) When examining the content of the application for registration as per paragraph (3), the Administrator of the Regional Aviation Administration may seek the opinions of the authorities or organizations concerned, i.e., whether th
e airmen, Air operator, owner of the airport or Aerodrome facilities, etc. who signed contracts with the applicant for the registration of the Ground Handling Service or Aircraft Maintenance Service, can fulfill the conditions of the con
tract. <Newly Inserted as of Dec. 17, 1999, Jun. 29, 2007; Ministerial Regulations No. 12, May.8, 2008>
Article 305 (Registration Standards for the Ground Handling Service and Aircraft Maintenance Service)
(1) The registration standards for the Ground Handling Service as per the provisions of Article 137 (2) are prescribed in Appendix 34.
(2) The registration standards for the Aircraft Maintenance Service as per the provisions of Article 137-2(2) are prescribed in Appendix 34-2. < Amended by Ministerial Regulations No. 12, May.8, 2008>
[Wholly Amended as of Dec. 17, 1999]
(2) The Maintenance Organization Procedure Manual as per paragraph (1) shall contain the following information:
1. Scope of maintenance to be implemented
2. Maintenance method and procedure for aircraft, equipment, and parts
3. Quality control method and procedure for aircraft, equipment, and parts
4. Other facilities and equipment as separately prescribed and published by the Head of the Civil Aviation Safety Authority
[Newly Inserted as of Jul. 3, 2004]
(2) 혻Standards for administrative disposition, e.g., revocation of maintenance organization, as per the provisions of Article 138-2 (2) are prescribed in Appendix 35.
[Newly Inserted as of Jul. 3, 2004]
(2) Any person wishing to change the location, company name, or representative or amend the contract concluded with a foreign firm pursuant to Article 139 (1) of the Act shall submit to the Administrator of the Regional Aviation A
dministration Report of Revision of Items to be Reported in Air Courier Service (Form 89) together with documents that can verify the revision. <Amended as of Jul. 14, 1995, Jun. 29, 2007>
(3) Upon receiving the report as per paragraphs (1) and (2), the Administrator of the Regional Aviation Administration shall record it in Report Ledger (Form 90) and issue Certificate of Report (Form 91). <Amended as of Jul. 14, 1
995, Jun. 29, 2007>
[Wholly Amended as of Nov. 30, 1994]
(2) Upon receiving the report as per paragraphs (1) and (2), the Administrator of the Regional Aviation Administration shall record it in Report Ledger (Form 90) and issue a Certificate of Report (Form 91). <Amended as of Jul. 14,
1995, Jun. 29, 2007>
(3) Any person wishing to change the location or company name and representative pursuant to Article 139 (1) of the Act shall submit to the Administrator of the Regional Aviation Administration Report of Revision of Items to be r
eported in Air Transportation General Agent Service (Form 89). In this case, the public official in charge shall verify the Copy of Corporate Register (limited to cases wherein the reporter is a juridical person) through the joint use of
administrative information pursuant to Article 21 (1) of the E-Government Act and have the documents attached in case the reporter does not agree with the verification. <Amended as of Jul. 27, 1993, Nov. 30, 1994, Jul. 14, 1995,
Aug. 18, 2006, and Jun. 29, 2007>
(4) The stipulation in paragraph (2) shall apply mutatis mutandis to a Report of Revision as per the stipulation of paragraph (3).
(2) Upon receiving the report as per paragraphs (1) and (2), the Administrator of the Regional Aviation Administration shall record it in Report Ledger (Form 90) and issue a Certificate of Report (Form 91). <Amended as of Jul. 14,
1995, Jun. 29, 2007>
(3) Any person wishing to change the location or company name and representative pursuant to Article 139 (1) of the Act shall submit to the Administrator of the Regional Aviation Administration Report of Revision of Items to be R
eported in City Air Terminal Service (Form 89). In this case, the public official in charge shall verify the Copy of Corporate Register (limited to cases wherein the reporter is a juridical person) through the joint use of administrative inf
ormation pursuant to Article 21 (1) of the E-Government Act and have the documents attached in case the reporter does not agree with the verification. <Amended as of Jul. 27, 1993, Nov. 30, 1994, Jul. 14, 1995, Aug. 18, 2006, a
nd Jun. 29, 2007>
(4) The stipulation in paragraph (2) shall apply mutatis mutandis to a Report of Revision as per the stipulation of paragraph (3).
(2) The provisions of Articles 292~296 and Article 296-2 shall apply mutatis mutandis to the Air Courier Service, Air Transportation General Agent Service, and city air terminal service. In this case, "authorization," "permission," or "
approval" shall be regarded as "report" in the application of Articles 292, 293, 295, and 296 <Amended as of Nov. 30, 1994, Aug. 18, 2006>
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Article 315 (Application for Permission for Flight operation of Foreign Aircraft)
Any person intending to make an aviation as per the provisions of Articles 144 (1) shall submit to the Administrator of the Regional Aviation Administration an Application for Permission for Aviation, and any person intending to ma
ke an transit flight shall submit to the Director of Air Traffic Control Center an Application for Transit Flight Permission as per the Appendix Form 92, containing the following information at least two (2) days before the expected avia
tion: <Amended as of Nov. 30, 1994, Dec. 17, 1999; Ministerial Regulations No. 12, May.8, 2008>
1. Name, address, and nationality
2. Registration mark, type, and identification mark of the aircraft
3. Path of aviation (airports of call shall be specified) and date and time
4. Purpose of aviation
5. Name of the pilot in command and names and qualifications of the aircrew
6. Names and nationalities of the passengers and purpose of travel
7. Details of loads
Article 316 (Application for Permission for Takeoff and Landing in Unauthorized Aerodromes)
Any person obtaining permission as stipulated in Article 315 and intending to take off from or land on an Aerodrome other than authorized ones shall submit to the Administrator of the Regional Aviation Administration an Applicatio
n for Permission containing the following information at least two days prior to the expected date of takeoff or landing: <Amended as of Nov. 30, 1994>
1. Name, address, and nationality
2. Registration mark, type, and identification mark of the aircraft
3. Name and location of the Aerodrome for takeoff or landing and expected date and time
4. Reasons for taking off from or landing on the Aerodrome
5. Path of aviation
6. Name of the pilot in command and names and qualifications of the aircrew
7. Names and nationalities of the passengers and purpose of travel
8. Details of loads
Article 317 (Application for Permission for the Domestic operation of Foreign Aircraft)
Any person intending to use a foreign aircraft for aviation as per the provisions of Article 145 shall submit to the Administrator of the Regional Aviation Administration an Application for Permission for Domestic operation of Foreign
Aircraft containing the following information at least two days prior to the start of aviation: <Amended as of Nov. 30, 1994>
1. Name, address, and nationality of the user of the aircraft
2. Nationality, registration mark, type, and identification mark of the aircraft
3. Flight sector and name of Aerodrome to be used
4. Purpose of aviation
5. Name of the pilot in command and names and qualifications of the aircrew
Article 320 (Application for Permission for Foreign International Air Transportation Service)
Any person intending to operate a foreign international Air Transportation Service as per the provisions of Article 147 shall submit to the Minister of Land, Transport and Maritime Affairs Application for Permission for Foreign Intern
ational Air Transportation Service (Form 94) at least 60 days before the predetermined starting date of aviation together with the following documents: <Amended as of Nov. 30, 1994, Jul. 14, 1995, Sept. 17, 1999, Jul. 1, 2005, an
d Aug. 18, 2006>
1. Documents describing the aim of operating the international Air Transportation Service
2. Detailed statement of rate of capital and investment amount of investors by nationality, state, public organization, corporation, and individual
3. Documents presenting a summary of the Air Transportation Service operated by the applicant at the time of application (limited to cases wherein the applicant is operating an Air Transportation Service)
4. Business plan specifying the following:
(a) Departure point, ports of call, destination, and distance between points of the route
(b) Number of aircraft to be used, registration mark, type, identification mark of each aircraft, and certificates of registration, airworthiness, noise, and insurance of aircraft to be used
(c) Frequency of operation and date and time of arrival and departure
(d) Summary of maintenance and operation management facilities
5. Copy of Air Transportation Service license obtained by the applicant for the air route in his/her country or its equivalent
6. Articles of Incorporation of a corporation and its translated version (limited to cases wherein the applicant is a juridical person)
7. Current statement of income and balance sheet
8. Transportation clause and its translated version
9. Operations Manual and Maintenance Control Manual authorized by the relevant government as per the provisions of Annex 6 of the Convention on International Civil Aviation (operation of aircraft)
10. Copies of the Air Operator Certificate and Operations Specifications as authorized by the relevant government in accordance with the provisions of Annex 6 of the Convention on International Civil Aviation
Article 321 (Application for Permission for Commercial Transportation Using Foreign Aircraft)
Any person intending to carry out commercial transport using a foreign aircraft as per the provisions of Article 148 shall submit to the Minister of Land, Transport and Maritime Affairs Application for Permission for Commercial Tran
sportation Using Foreign Aircraft (Form 94-2) together with documents containing the following information: <Amended as of Nov. 30, 1994, Jul. 14, 1995, and Sept. 17, 1999>
1. Deleted. <Dec. 17, 1999>
2. Nationality, registration mark, type, and identification mark of the aircraft
3. Aviation path including airports of call, date and time, and sections of commercial transport
4. Aim of the commercial transport
5. Names and qualifications of the pilot in command and aircrew
6. Names and nationalities of passengers, item names, and quantity of cargoes
7. Kinds and amount of fares and rates
8. Matters prescribed in the Article 320-9 and 320-10 (only when the flight is planned more than once a week, for more than 4 weeks)
9. Other matters prescribed by the Minister of Land, Transport and Maritime Affairs
(2) When recognized that the punishments criteria of the Article 321-2(1) are considerably unreasonable, the punishments can be reduced or added in accordance with the following matters with consideration of infringement of pu
blic welfare, damages due to accidents, faults and violations of the airmen with the frequency and contents, and etc.
1. For full or partial suspension of the service, the dates should be added or reduced within the one half of the punishments criteria. When dates are added, whole period shall not be exceeded 6 months.
2. When reducing punishments for certificate, registry or approval of the operator with one aircraft, full suspension of the service with more than 90 days shall be taken.
(3) When one operator is involved with several violations, following measures shall be taken.
1. When the punishment for the most serious violation is cancellation of certificate, registry or approval of the service or closedown of the office, certificate, registry or approval of the service shall be cancelled or the office closed
own.
2. When the punishment for the violations is the suspension of the service, the periods of the suspension shall be combined.
Article 323 (Application for Approval of Fares and Rates of Foreign International Air operator)
Any person setting or adjusting fares and rates as per the provisions f Article 117 (1) of the Act, which applies mutatis mutandis to the provisions of Article 152 of the Act, shall submit to the Minister of Land, Transport and Maritime
Affairs Application for Approval or Adjustment of Fares and Rates (Form 95) or Report of Adjustment of Fares and Rates (Form 95-2). In the case of approval or approval of adjustment, documents describing the grounds for the c
alculation of fares and rates shall be attached.
[Wholly Amended as of Dec. 17, 1999]
Article 324 (Application for Approval of Business Plan Revision of Foreign International Air operator)
Any person wishing to revise his/her business plan as per the provisions of Article 120 (2) of the Act, which applies mutatis mutandis to the provisions of Article 152 of the Act, shall submit to the Minister of Land, Transport and Mar
itime Affairs or Administrator of the Regional Aviation Administration Application for Approval of Business Plan Revision (Form 96) or Report of Business Plan Revision (Form 96-2). <Amended as of Aug. 18, 2006>
[Wholly Amended as of Dec. 17, 1999]
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(2) The certificate of public official as per the provisions of Article 153 (6) shall be based on Civil Aviation Safety Inspector Certificate (Form 41-2) <Amended as of Sept. 24, 2001, Jul. 3, 2004>
(2) Upon receiving an application as per paragraph (1), the Head of the Civil Aviation Safety Authority shall examine it and issue a Certificate of Designation as Specialized Evaluation Institution of Language Proficiency (Form 98)
and make the corresponding announcement when the result is deemed compliant with the standards stipulated in Article 327 (2).
(3) In case revisions are made to the information provided in the subparagraphs of paragraph (1), the evaluation institution designated as per paragraph (2) shall report the details of revision to the Head of the Civil Aviation Safety
Authority immediately.
[Newly Inserted as of Aug. 18, 2006]
(2) Every year, the Head of the Civil Aviation Safety Authority shall examine whether the evaluation institution complies with the standards stipulated in paragraph (1).
[Newly Inserted as of Aug. 18, 2006]
(3) The fees stipulated in paragraph (1) may be paid by electronic money, etc. which is using digital network. <Newly Inserted by Ministerial Regulations No. 12,혻 May.8, 2008>
(4) The standard of government traveling expenses is applying to inspection travel expenses specified in paragraph (2), Article 155 of the Act. However, in case of Authorized Inspection Agency specified in paragraph (2), Article 1
54 of the Act, The standard of their traveling expenses is applying to inspection travel expenses. <Newly Inserted by Ministerial Regulations No. 12,혻 May.8, 2008>