ENFORCEMENT DECREE OF THE AVIATION ACT

Transcription

1 The English version is translated and uploaded only for the purpose of no other than PR, and thereby, Enforcement Decree of the Aviation Act in the Korean language will prevail regarding authorization and permission ENFORCEMENT DECREE OF THE AVIATION ACT Wholly Amended by Presidential Decree No , Aug. 17, 1992 Amended by Presidential Decree No , Mar. 6, 1993 Presidential Decree No , Jul. 11, 1994 Presidential Decree No , Dec. 23, 1994 Presidential Decree No , Dec. 23, 1994 Presidential Decree No , Dec. 23, 1994 Presidential Decree No , Jul. 6, 1995 Presidential Decree No , Dec. 31, 1997 Presidential Decree No , Aug. 6, 1999 Presidential Decree No , Jul. 1, 2000 Presidential Decree No , Jul. 1, 2000 Presidential Decree No , Mar. 27, 2001 Presidential Decree No , Jun. 30, 2001 Presidential Decree No , Nov. 7, 2001 Presidential Decree No , Aug. 12, 2002 Presidential Decree No , Nov. 29, 2002 Presidential Decree No , Dec. 26, 2002 Presidential Decree No , Nov. 4, 2003 Presidential Decree No , Jun. 29, 2004 Presidential Decree No , Dec. 28, 2005 Presidential Decree No , Jan. 20, 2006 Presidential Decree No , Jun. 7, 2006 Presidential Decree No , Jun. 12, 2006 Presidential Decree No , Jul. 4, 2006 Presidential Decree No , Jun. 26, 2007

2 Presidential Decree No , Feb. 29, 2008 Presidential Decree No , May 6, 2008 Presidential Decree No , Sep. 22, 2008 Presidential Decree No , Mar. 25, 2009 Presidential Decree No , May. 6, 2009 Presidential Decree No , Sep. 9, 2009 Article 1 (Purpose) The purpose of this Decree is to provide matters delegated by the Aviation Act (hereinafter referred to as the "Act") and other matters necessary for the enforcement thereof. Articles 2 through 8 Deleted. <by Presidential Decree No , Aug. 6, 1999> Article 9 (Scope of Aircraft) For the purpose of subparagraph 1 of Article 2 of the Act, the term "other apparatus to be used for aviation that are prescribed by the Presidential Decree" means the following: 1. Engine flying devices which exceed the range of self-weight, fuel capacity, etc. as determined by the Ordinance of the Ministry of Land, Transport and Maritime Affairs; and 2. Air spacecraft which has the ability to fly in and out of the atmosphere. Article 9-2 (Scope of Public Agencies) For the purpose of subparagraph 2 of Article 2 of the Act, the term "any such public agency as determined by the Presidential Decree" means the Korea National Park Service under Article 44 of the Natural Parks Act. Article 9-3 (Classification of Airfields) For the purpose of subparagraph 4 of Article 2 of the Act, the term "airfields which are determined by the Presidential Decree" means the following: 1. Land airfields; 2. Land heliports; 3. Water airfields; 4. Water heliports;

3 5. Rooftop heliports (including ship heliports); and 6. Sea-floating heliports. Article 10 (Classification of Airport Facilities) For the purpose of subparagraph 8 of Article 2 of the Act, the term "facilities prescribed by the Presidential Decree" means the following basic and support facilities: 1. Basic facilities as prescribed in the following items: (a) Aircraft take-off and landing system, such as runway, taxiway, apron, landing zone, etc.; (b) Passengers and cargo service facilities, such as passenger terminal, cargo terminal, etc.; (c) Navigation safety facilities; (d) Communication facilities, such as control office, transmitting and receiving stations, communication stations, etc.; (e) Meteorological observation facilities; (f) Airport users parking facilities and guard and security facilities; and (g) Airport users publicity and information facilities; 2. Support facilities as prescribed in the following items: (a) Facilities for checking, maintaining, etc. aircraft and ground operation equipment; (b) Facilities for aviation management, medical care, education, training and firefighting, and facilities for manufacturing and supplying meals inside the aircraft; (c) Airport operation and management facilities for operating, maintaining and repairing the airport; (d) Airport users accommodation and airport employees welfare facilities; (e) Office, lodging, sale, recreation, sports, exhibition, entertainment and assembly facilities for airport users; (f) Airport traffic facilities and environment protection facilities, such as landscape gardening, soundproof walls, pollution discharge preventive facilities, etc.; (g) Water supply and sewerage systems, and electricity, communication, air conditioning, heating facilities; (h) Aircraft oil supply, oil storage and management facilities;

4 (i) Warehouse facilities for storage of air cargo; and (j) Facilities annexed to structures, which are required to operate and administer an airport and carry on the air transportation business and other related business (hereinafter referred to as the "air transportation business, etc."); 3. City air terminal; 4. Passenger and cargo disposal facilities and aviation support facilities in heliport; 5. Facilities that are to be installed in a free trade zone which is located in an airport area and designated pursuant to Article 4 of the Act on the Designation and Operation of Free Trade Zones, and are recognized and published by the Minister of Land, Transport and Maritime Affairs as being necessary to smoothly operate the relevant air port; and 6. Other facilities as deemed necessary by the Minister of Land, Transport and Maritime Affairs for the operation and management of the airport. Article 10-2 (Classification of Obstacle Limitation Surfaces) (1) For the purpose of subparagraph 16 of Article 2 of the Act, the term "surfaces which are prescribed by the Presidential Decree" means the following: 1. Horizontal surface; 2. Conical surface; 3. Approach surface and inner approach surface; 4. Transition surface and inner transition surface; and 5. Go-around surface. (2) Necessary matters concerning the standards, etc. for obstacle limitation surfaces referred to in paragraph (1) shall be prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. Article 11 (Alteration of Important Matters in Master Plan for Aviation Policy) The important matter prescribed by the Presidential Decree under Article 2-5 (4) of the Act shall be as follows: 1. objective and strategy plan for national aviation policy; 2. development of domestic air transportation business; 3. efficient development of airports; 4. protection of airport users;

5 5. development of aviation safety technology; and 6. other matters prescribed by the Minister of Land, Transport and Maritime Affairs. [This Article Newly Inserted by Presidential Decree No , May 6, 2008] Article 11-2 (Establishment of Aviation Policy Committee) (1) The aviation policy committee (hereinafter referred to as the aviation policy committee ) under Article 2-6 of the Act shall be composed of less than 20 members including one chairman. (2) The chairman of the aviation policy committee shall be the Minister of Land, Transport and Maritime Affairs and members shall be any of the following persons: 1. Vice Ministers of the Ministry of Strategy and Finance, the Ministry of Education, Science and Technology, the Ministry of Foreign Affairs and Trade, the Ministry of National Defense, the Ministry of Culture, Sports and Tourism and the Ministry of Knowledge Economy. 2. less that 13 persons with abundant knowledge and experience in aviation nominated by the chairman. (3) The term of office for members under paragraph (2), 2 shall be two years and may be reelected. (4) There shall be one manager who handles administrative matters of the aviation policy committee, and the manager shall be nominated by the chairman among high ranking public officials in general service who belongs to the Ministry of Land, Transport Maritime Affairs. Article 11-3 (Duty of Chairman of the Committee) (1) The chairman shall take overall control of the duties of the Committee and represent the Committee. (2) A person nominated by the chairman in advance shall assist the chairman and act for the chairman if the chairman is unable to perform his duties for unavoidable reasons. [This Article Newly Inserted by Presidential Decree No. No , May 6, 2008] Article 11-4 (Meeting) (1) The chairman shall convene the meetings of the Committee and preside over such meetings. (2) Where the chairman summons a meeting, he shall notify the date and location of the

6 meeting and agendas to members before 5 days from the meeting opening date. Provided, the same shall not apply to the case where the situation is emergent or where there exist unavoidable reasons. (3) The meeting of the Committee shall open with the attendance of a majority of the total members and resolve with the concurrent vote of a majority of those present. (4) The committee may request persons concerned or experts to submit documents or attend the meeting or listen to their opinions if he considers necessary for deliberation of agendas and other duties. (5) The committee shall make and furnish conference records. Article 11-5 (Establishment of Working-Level Committee, etc.) (1) The working-level committee shall be established under the aviation policy committee in order to operate the committee efficiently and handle the delegated matters from the committee. (2) The working-level committee shall be composed of less than 20 members including one chairman. (3) The chairman of the working-level committee shall be designated by the Minister of Land, Transport and Maritime Affairs among high ranking public officials in general service who belong to the Ministry of Land, Transport Maritime Affairs. (4) Members of the working-level committee shall be as follows: 1. One person each nominated by the heads of relevant agencies from among state public officials (including high ranking public officials in general service) with the ranks of Grade IV at the Ministry of Foreign Affairs and Trade, the Ministry of National Defense, the Ministry of Commerce, Industry and Energy, the Civil Aviation Safety Authority, among public officials in general service; 2. one person nominated by the CEO of the Incheon International Airport Corporation among executives of the Corporation under the Incheon International Airport Corporation Act. 3. one person nominated by the CEO of the Korea International Airport Corporation among executives of the Corporation under the Korea International Airport Corporation Act. 4. one person with profound knowledge and experience in aviation nominated by the chairman of the working-level committee. (5) The term of office for members under paragraph (4) 4 shall be two years and may be

7 reelected. (6) There shall be one manager in the working-level committee, and the manager shall be nominated by the Minister of Land, Transport and Maritime Affairs among high ranking public officials in general service who belong to the Ministry of Land, Transport Maritime Affairs. (7) Article 11-4 shall apply mutatis mutandis to the meeting of the working-level committee. Article 11-6 (Allowances, etc.) Allowances and travel expenses may be paid within the limits of budget to the members for attending any meeting of the aviation policy committee and the working-level committee under Article 11-4 (4) and 11-5 (7): Provided, That the same shall not apply to the case where any public officials attend any meeting of the Committee as members in relation to matters in which they are in charge. [This Article Newly Inserted by Presidential Decree No. No , May 6, 2008] Article 11-7 (Detailed Rules governing Committee Operation) The chairman shall determine matters concerning the operation of the Committee other than those prescribed by this Decree after going through a resolution of the Committee. [This Article Newly Inserted by Presidential Decree No. No , May 6, 2008] Article 12 (Scope of Aircraft not Required to be Registered) For the purpose of the proviso to Article 3 of the Act, the term "aircraft as prescribed by the Presidential Decree" means the following ones: 1. Aircraft used by armed forces or customs house, or for the police services; 2. Aircraft introduced for the purpose of leasing to a foreign country, which is to obtain a foreign nationality; 3. Aircraft which is manufactured in Korea, but of which owner other than manufacturer is not decided; and 4. Where an aircraft registered in a foreign country is leased and operated under Article 2-2 of the Act, the relevant aircraft. Article 13 (Inspection of Aircraft, etc.)

8 (1) The Minister of Land, Transport and Maritime Affairs shall, when he certifies or approves under the provisions of Articles 15, 15-2, 16, 17, 17-2, 17-3, 18 through 20 and 20-2 of the Act, or authorizes under Article 138 of the Act, inspect in advance the aircraft concerned or equipment, etc. as prescribed by the Minister of Land, Transport and Maritime Affairs. (2) In order to conduct the inspection as referred to in paragraph (1), the Minister of Land, Transport and Maritime Affairs shall appoint or commission a person conducting an inspection of the aircraft (hereinafter referred to as an "inspector") from among those falling under any one of the following subparagraphs: 1. A person who holds the qualification for aircraft mechanic or higher as referred to in subparagraph 9 of Article 26 of the Act; 2. A person who holds the qualification for aeronautical engineer as referred to in the National Technical Qualifications Act; 3. A person who has minimum three-year experience in the design, manufacture, maintenance or quality assurance service of the aircraft after obtaining a bachelor's degree or higher related to the aeronautical technology; and 4. A person who has minimum five-year experience in the design, manufacture, maintenance or quality assurance service of the aircraft for use by a state agency, etc. (3) If an inspector referred to in paragraph (2), who is not a public official of the Ministry of Land, Transport and Maritime Affairs, conducts an inspection, he may receive any allowance within the limit of the budget. Article 14 (Scope of Ultra Light Flying Devices Not Required for Filing Report) The term "ultra light flying devices as prescribed by the Presidential Decree" in the proviso to Article 23 (1) of the Act means the following: 1. Flying devices not using power; 2. Captive balloons (excluding those which people go on board) and moored-type unmanned flying devices; 3. Parachutes; 4. Ultra light flying devices used for military purposes; 5. Unmanned aircraft or unmanned rotor flying devices which weigh 12 kg or less, excluding the weight of fuel and whose total engine displacement does not exceed 50 cc ; 6. Unmanned airships which weigh 12 kg or less, excluding the weight of fuel and

9 whose length does not exceed 7m with the total engine displacement not exceeding 50 cc ; 7. Ultra light flying devices manufactured by research institutes, etc. for the purposes of test, examination, research or development; and 8. Ultra light flying devices manufactured by manufacturers, etc. for sale, which are neither sold nor used for flight. Article 14-2 Deleted. <by Presidential Decree No , Jul. 4, 2006> Article 15 (Composition of Committee on Airspace) (1) The Committee on Airspace (hereinafter referred to as the "Committee") established under the provisions of Article 38-3 of the Act shall consist of not more than 15 members including one chairman and one vice-chairman. (2) The chairman of the committee (referred to as the chairman hereinafter to Article 15-3) shall be nominated among high ranking public officials in general or special services who are in charge of aviation matters and the vice chairman shall be a person nominated by the chairman from among the members referred to in paragraph (3) 1. (3) The members shall be persons falling under each of the following subparagraphs: 1. One person each nominated by the heads of relevant agencies from among state public officials (in the case of the Ministry of Foreign Affairs and Trade, public officials in foreign service under Article 3 (2) 2 and 3 of the Decree on the Appointment of Public Officials in Foreign Service) with the ranks of Grade III at the Ministry of Foreign Affairs and Trade, the Ministry of National Defense, the Ministry of Commerce, Industry and Energy, the Ministry of Land, Transport and Maritime Affairs, among public officials in general service who belong to the Senior Civil Service, or among military officers with the corresponding ranks thereto; 2. One person nominated by the Commander of the U. S. Armed Forces in Korea from among military officers with the corresponding ranks referred to in subparagraph 1 of the military force of the United States of America who are stationed in the Republic of Korea under the provisions of Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America; and 3. Persons commissioned by the Minister of Land, Transport and Maritime Affairs from among persons of profound learning and experience with respect to aviation. (4) The chairman shall take overall control of the duties of the Committee and represent the Committee.

10 (5) The vice chairman shall assist the chairman and act for the chairman if the chairman is unable to perform his duties for unavoidable reasons. Article 15-2 (Function of Committee) The Committee shall deliberate matters falling under each of the following subparagraphs: 1. Matters concerning the establishment, coordination, and administration of control air space, non-control air space, restricted air space and air space requiring attention under the provisions of Article 38 (2) of the Act; 2. Matters concerning the making and amending of important procedures and regulations with respect to the flight of aircraft and aviation traffic control; 3. Matters concerning the installation, alteration or closure of airport facilities, air traffic control facilities and navigation safety facilities which may seriously affect the structure or management of air space; and 4. Other matters concerning ways for aircraft to utilize safely and efficiently air space and aviation facilities. Article 15-3 (Meeting) (1) The chairman shall convene the meetings of the Committee and preside over such meetings. (2) The meeting of the Committee shall open with the attendance of a majority of the total members and resolve with the concurrent vote of a majority of those present. Article 15-4 (Secretary) (1) The Committee shall have a secretary assigned to handle administrative affairs. (2) The secretary shall be appointed by the Minister of Land, Transport and Maritime Affairs from among public officials of the Ministry of Land, Transport and Maritime Affairs. Article 15-5 (Allowances, etc.) Allowances and travel expenses may be paid within the limits of budget to the members for attending any meeting of the Committee: Provided, That the same shall not apply to the

11 case where any public officials attend any meeting of the Committee as members in relation to matters in which they are in charge. Article 15-6 (Detailed Rules governing Committee Operation) The chairman shall determine matters concerning the operation of the Committee other than those prescribed by this Decree after going through a resolution of the Committee. [This Article Newly Inserted by Presidential Decree No , Aug. 6, 1999] Article 15-7 (Details of Supporting Plans for Search and Rescue of Aircraft etc.) (1) Supporting plans for search and rescue of aircraft under Article 72 of the Act shall contain the matters falling under each of the following subparagraphs: 1. Composition and operation of the systems of search and rescue of aircraft; 2. Roles of the Minister of National Defense, the Minister of Land, Transport and Maritime Affairs, and the Commanding General of United States military forces in Korea in their competent airspace; and 3. Other matters necessary for search of aircraft and lifesaving. (2) Detailed matters necessary for establishing and implementing the supporting plans for search and rescue of aircraft under paragraph (1) shall be determined by the Minister of Land, Transport and Maritime Affairs in consultation with the heads of related administrative agencies. Article 16 (Standards for Installation of Airfield) (1) Any airfield which is installed with the permission of the Minister of Land, Transport and Maritime Affairs under Article 75 (2) of the Act shall be as described in each subparagraph of Article 9-3. (2) The standards for installation of an airfield as referred to in paragraph (1) shall be as follows: 1. There shall be no obstacle impeding the take-off and landing of the aircraft in the periphery of the airfield: Provided, That this shall not apply in a case where it is deemed possible to remove the obstacle without failure by the scheduled date of the work of the airfield; 2. The staying turning area in the air of the airfield (referring to a prescribed airspace in the sky over the airfield which is deemed necessary for the staying turning of an

12 aircraft intending to land on the airfield; hereinafter the same shall apply) shall not overlap that of an adjacent airfield; and 3. The length and width of the runway, landing zone and taxiway of the airfield and the gradient of the surface, airfield beacon, etc. shall conform to the standards as prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. (3) The standards for constructing any land airfield referred to in subparagraph 1 of Article 9-3 shall be governed by the standards that are set by the Ordinance of the Ministry of Land, Transport and Maritime Affairs according to the combination of the classification numbers that are set taking into account the minimum take-off distance of aircraft that use the runway of the relevant land airfield as shown in the attached Table 1 and the classification letters that are set taking into account the width of main wings and the outside width of main landing gears of the aircraft that use the runway of the relevant land airfield. Article 17 (Examination of Installation of Airfield, etc.) When an application for permission on installation of an airfield or navigation safety facilities is made under Article 75 (2) of the Act, the Minister of Land, Transport and Maritime Affairs shall examine whether or not the application conforms to the following subparagraphs: <Amended by Presidential Decree No , Dec. 23, 1994; Presidential Decree No , Aug. 6, 1999; Presidential Decree No , Feb. 29, 2008> 1. The installation plan of the location, structure, etc. of the airfield or navigation safety facilities shall conform to the standards for installation as prescribed in Article 16 or 18; 2. The management plan of the airfield or navigation safety facilities shall conform to the facilities management standards as prescribed in Article 80 (1) of the Act; 3. The installer of the airfield or navigation safety facilities shall be capable of managing it; 4. The installation of the airfield or navigation safety facilities shall not infringe remarkably on any interest of other persons; and 5. In regards to the airfield, the applicant shall have the ownership or other rights to use the site, or he shall be deemed to acquire such right without failure by the time when the work is scheduled. [This Article transferred from Article 18 of the previous Act, Article 17 of the previous Act transferred to Article 18 by Presidential Decree No , Sep. 9, 2009]

13 Article 18 (Standards for Installation of Navigation Safety Facilities) The navigation safety facilities shall, under Article 75 (3) of the Act, be installed according to the following categories: 1. The aeronautical lighting aids (referring to the equipment to aid the navigation of aircraft by lighting; hereinafter the same shall apply) shall be installed in conformity with the following standards: (a) The aeronautical lighting aids shall be installed so as not to blind the pilots and air traffic controllers, and shall be installed as a light structure so as not to inflict any damage on the aircraft, but so as to make the light equipment break, when the aircraft comes in contact with the exposed light equipment (runway edge lights, stopway lights, taxiway edge lights, etc.), and buried light equipment shall be manufactured and installed so as not to inflict any damage on the aircraft and light equipment due to any contact with the wheels of the aircraft; (b) The luminous intensity ratio of the aeronautical lighting aids against the runway edge lights shall meet the criteria under the attached Table 2; and (c) Other luminous intensity and color tone, etc. of the aeronautical lighting aids shall meet the criteria as prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs; 2. The navigation safety radio facilities (referring to the equipment to aid the navigation of aircraft by radio waves; hereinafter the same shall apply) shall be installed in conformity with the following standards: (a) In cases of new installation, it shall give no effect on other navigation safety facilities already installed as far as it could; (b) It shall be installed at a location to emit radio wave effectively; (c) The monitoring device and standby power system, etc. shall be provided; (d) In cases where principal and reserve equipments are installed, the principal equipment shall be replaced automatically by the re serve one, if the former is abnormal, and the conditions of such equipment shall be displayed; (e) The personnel, test and measuring devices, spare parts, etc. required for maintenance and repair, etc. shall be provided; (f) The navigation safety facilities shall be installed in conformity with the installation and technical standards that are prescribed and published by the Ordinance of the Ministry of Land, Transport and Maritime Affairs; and 3. The aeronautical information and communications facilities shall be installed

14 according to the following standards: (a) They are required to be installed in a location that makes it possible to communicate smoothly; (b) They are required to have control devices and standby power system, etc.; (c) They are required to have personnel, test and measuring devices and spare parts, etc. necessary to maintain and repair the facilities; and (d) The aeronautical information and communications facilities shall be installed in conformity with the installation and technical standards that are set by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. [This Article transferred from Article 17 of the previous Act, Article 18 of the previous Act transferred to Article 17 by Presidential Decree No , Sep. 9, 2009] Article 19 (Inspection of Management of Airfield and Navigation Safety Facilities) (1) The Minister of Land, Transport and Maritime Affairs shall conduct once a year the inspection on the airfield or navigation safety facilities under Article 80 (2) of the Act, but if it is deemed necessary, he may conduct it at any time: Provided, That if the facilities are not used, no inspection may be made. (2) Where the Minister of Land, Transport and Maritime Affairs conducts an inspection under paragraph (1) on the airports that have obtained the airport administration certificate under Article (1) of the Act, he may refrain from conducting an inspection on the airfield or on the facilities of aeronautical lighting aids from among the navigation safety facilities. (3) Necessary Matters concerning the procedures for and methods of inspection and the items subject to the inspection referred to in par agraph (1) shall be prescribed and published by the head of Civil Aviation Safety Authority. Article 20 (Request for Purchase of Obstacle, etc.) Any person who desires to demand any purchase of any obstacle or land on which the obstacle is installed, under Article 82 (4) of the Act, shall request the installer of the airfield under Article 77 (1) (hereinafter referred to as the airfield installer) for a purchase of such obstacle or land together with an application form that includes the following items, documents certifying that he has ownership of the obstacle or land and drawings indicating the obstacle or land:

15 1. Name and address of the owner and other interested persons; 2. The seat, kind, area and quantity of the obstacle or land; and 3. Particulars of compensation for loss. Article 21 (Compensation, etc. for Loss of Obstacle) If an airfield installer and a person holding the ownership or other rights to the obstacle apply to the Minister of Land, Transport and Maritime Affairs for a decision on compensation for any loss caused by a removal of the obstacle under the latter part of Article 82 (6) of the Act, they shall submit the application specifying the following matters together with documents certifying that he has the ownership or other rights to the obstacle, and an explanatory statement on consultation, implementation plan of airfield installer and drawing indicating the obstacle, etc.: 1. The name and address of the owner and other interested persons; 2. The seat, kind, area and quantity of the obstacle and other matters relating to it; 3. The method and time of alteration, movement and removal of the obstacle; and 4. Particulars of compensation for loss. Article 22 (Installation of Aviation Obstacle Lights and Daytime Obstacle Markings) Structures on which aviation obstacle lights and daytime obstacle markings are to be installed under Article 83 (2) of the Act, shall be those in close vicinity to the area corresponding to the ground projected plane of the obstacle limitation surface, which might be prejudicial to the safety in the aviation of the aircraft. Article 23 (Public Perusal of Draft Mid and Long-Term Master Plan for Airport Development, etc.) The Special Metropolitan City Mayor, the Metropolitan City Mayor or Do governor (hereinafter referred to as the "Mayor/Do governor") who receives a proposal of the draft midand long-term master plan for airport development or the draft basic plan for airport development from the Minister of Land, Transport and Maritime Affairs under Article 89 (3) of the Act, shall offer it for public perusal for not less than one month.

16 Article 24 (Alteration on Master Plan for Airport Development) The important matters prescribed by the Presidential Decree under Article 90 (2) of the Act shall refer to any of the following matters: 1. airport zone; and 2. length and width of runway [This Article Newly Inserted by Presidential Decree No , Sep. 9, 2009] [The previous Article 24 transferred to Article 24-2 by Presidential Decree No , Sep. 9, 2009] Article 24-2 (Insignificant Modification of Master Plan) For the purpose of the proviso to Article 90 (3) of the Act, the term "insignificant matters as prescribed by the Presidential Decree" means the following matters: 1. Modification of the basic plan for airport development (hereinafter referred to as the "basic plan") made in the limit not exceeding 10/100 of the scale and area of the airport development projects; and 2. Shortening or extension of the period of projects made in the limit of 2 years. [This Article transferred from Article 24 of the previous Act by Presidential Decree No , Sep. 9, 2009] Article 25 (Development and Publication of Master Plan, etc.) (1) Under Article 91 of the Act, the Minister of Land, Transport and Maritime Affairs shall, when the master plan or the basic plan is developed pursuant to Article 89 (1) of the Act, publish the matters according to the following items in the Official Gazette. In the event that the master plan or the basic plan is altered, the altered matters shall also be published. 1. in the case of the master plan: the matters falling under each of Article 89 (1) of the Act; and 2. Act in the case of the basic plan: the matters falling under each of Article 89 (2) of the Act.. (2) The basic plan that is published in accordance with paragraph (1) shall, when a program for implementing the airport development (hereinafter referred to as the "implementation program") is not drawn up and published, lose its effect.

17 Article 26 Deleted. <by Presidential Decree No , Jun. 7, 2006> Article 27 (Permission on Execution of Airport Development Projects) (1) Any person who desires to execute the airport development projects under Article 94 (2) of the Act, shall submit to the Minister of Land, Transport and Maritime Affairs an application for permission specifying the following matters: 1. Name and address of the project operator (in the case of a juristic person, the title and address of the juristic person and the name and address of the representative); 2. Name of the airport and category of projects; 3. Object and details of projects; 4. Period and method of execution of projects; and 5. Other matters necessary for executing projects. (2) The application as referred to in paragraph (1) shall be accompanied with the following documents and drawings: 1. An implementation plan, scheduled location, project scale and design drawing concerning the execution of projects; 2. The total expenses needed for the projects and details of such calculation; 3. A procurement program of funds to be used for the projects; and 4. A topographical map and cadastral plan or similar plan drawn on a scale of 1 to 5,000 including adjacent land. Article 28 (Application for Implementation Plan) Any airport development projects operator other than the Minister of Land, Transport and Maritime Affairs shall, under Article 94 of the Act, establish an implementation plan according to the basic plan announced publicly under Article 91 of the Act, and apply for the approval of the Minister of Land, Transport and Maritime Affairs, within one year after he obtains the permission on the execution of projects under Article 94 (2) of the Act: Provided, That in a case where it is deemed inevitable by the Minister of Land, Transport and Maritime Affairs, the period of application may be extended in the limit of three months. Article 29 (Publication of Implementation Plan) (1) The implementation plan for an airport development project shall be worked out

18 and published within 3 years from the date the basic plan provided for in Article 91 of the Act is published (where the basic plan concerned is worked out for a phased implementation, the date on which the phased implementation concerned commences). (2) Matters which the Minister of Land, Transport and Maritime Affairs has to publish under the provisions of Article 95 (5) of the Act shall be as follows: 1. Matters referred to in Article 27 (1) 1 through 4; and 2. Details of land intended for use and expropriation and obstacles and other details of their ownership or rights established thereon. Article 30 (Consultation on Implementation Plan) The head of the competent administrative agency who received a request for consultation under Article 96 (3) of the Act, shall present his opinion within thirty days after he receives it, and if he fails to present his opinion in this period, he shall be considered to have agreed with the implementation plan. Article 31 (Entrustment with Land Purchase Affairs, etc.) If an airport development projects operator desires to entrust the head of the competent local government with the affairs of land purchase, compensation for loss and projects for removal, etc. under Article 100 (1) of the Act, he shall request it in writing specifying the details of affairs to be entrusted and the conditions of entrustment, and the head of the competent local government shall, upon receiving the request, comply with it unless there is any special reason. Article 32 (Scope of Appurtenant Work) For the purpose of Article 101 (2) of the Act, the term "appurtenant work" means the construction work of facilities necessary for the execution and control of the airport development project work and other work incidental to the airport development projects. Article 33 (Vicarious Execution of Airport Development Projects) (1) The airport development projects to be executed vicariously by the Minister of Land, Transport and Maritime Affairs under Article 102 of the Act, shall be limited to the

19 case where the land and airport facilities related to the airport development projects are reverted to the State under Article 94 (4) of the Act. (2) If the Minister of Land, Transport and Maritime Affairs desires to execute vicariously the airport development projects under paragraph (1), he shall agree with the project operator on the following matters: 1. Categories, scale and amount of projects; 2. Period of projects; and 3. Matters concerning the payment method and liquidation of investment expenses. (3) In a case where the Minister of Land, Transport and Maritime Affairs undertakes or completes the work as referred to in paragraph (2), he shall notify it to the project operator. Article 34 (Permission on Investment in Airport Development Projects) (1) Any person who desires to invest in the airport development projects executed directly by the Minister of Land, Transport and Maritime Affairs under Article 105 (1) of the Act, shall submit to the Minister of Land, Transport and Maritime Affairs an application for permission specifying the following matters together with the project implementation plan and design drawings: 1. The title of the project; 2. An address, name and trade name of the investor; and 3. A plan of investment. (2) If the Minister of Land, Transport and Maritime Affairs desires to grant a permission as prescribed in Article 105 (1) of the Act, he shall consult in advance with the head of the administrative agency concerned. Article 35 (Execution of Investment Projects) (1) Any person who has obtained the permission on the investment under Article 105 (1) of the Act (hereinafter referred to as an "investor"), or a constructor executing the work of the investment projects shall make a report on the commencement of the construction work to the Minister of Land, Transport and Maritime Affairs together with a predetermined progress schedule seven days before the work starts. (2) The investor and the constructor as provided in paragraph (1) shall be subject to the control of the Minister of Land, Transport and Maritime Affairs in executing the work

20 of the investment projects. (3) When an investor has completed the work of the investment projects under paragraph (1), he shall undergo the inspection of completion by the Minister of Land, Transport and Maritime Affairs. Article 36 (Airport Facilities not Reverted to State) The airport facilities prescribed by the Presidential Decree under the proviso to Articles 94 (4) and 105 (2) of the Act shall be ones falling under any one of the following subparagraphs and limited only to those recognized by the Minister of Land, Transport and Maritime Affairs: 1. Airport facilities which are described in subparagraph 2 or 5 of Article 10, located in the airport zone as prescribed in subparagraph 9 of Article 2 of the Act; and 2. A city air terminal and other airport facilities outside the airport zone. Article 37 (Permission, etc. on Gratuitous Use and Profit Making) (1) Any investor and project operator (hereinafter referred to as an "investor, etc.") who desires to obtain a permission on a gratuitous use of the airport facilities and profit making under Article 105 (3) of the Act, shall submit to the Minister of Land, Transport and Maritime Affairs an application specifying the airport facilities which they desire to use, the object and period of use and profit-making. (2) The scope of airport facilities which the Minister of Land, Transport and Maritime Affairs may have other persons use gratuitously and make profits, shall be limited only to those as deemed not to impede the management and operation of the airport facilities due to any gratuitous use by the investor, etc. Article 38 (Calculation of Total Cost of Project and Free Use and Profit-making Period) (1) The total cost of projects as prescribed in Article 105 (3) of the Act shall be the sum of the expenses calculated in conformity with the following standards, and connected to the airport development projects, on the basis of the completion inspection day of the airport development projects concerned: Provided, That in the case of airport facilities reverted to the State under Article 94 (4) of the Act, the amount appraised by an appraisal

21 corporation under the Public Notice of Values and Appraisal of Real Estate Act on the basis of the day on which the inspection of completion is made, shall be considered as the total cost of projects: 1. Survey expenses mean the survey expenses and other research expenses for executing the airport development projects, which are not included in the net construction cost; 2. Design expenses mean the expenses needed for the design to execute the airport development projects; 3. Construction costs mean the sum of material costs, labor costs and other expenses which are all required to undertake an airport development project. Such cost and expenses shall be based on standards for determining estimated prices, standard labor cost and unit prices (referring to government-published prices if such prices exist) under the provisions of Article 9 of the Enforcement Decree of the Act on Contracts to Which the State is a Party; 4. Compensation means the expenses for purchasing land (including those for purchasing buildings, standing trees, etc.), those for taking any countermeasure to moving, and compensation for rights, such as business right, fishing right, mining right, etc., which are disbursed for executing the airport development projects; 5. Incidental expenses mean general management expenses calculated by the rate of such general management expenses based on standards for determining estimated prices under the provisions of Article 9 of Enforcement Decree of the Act on Contracts to Which the State is a Party, expenses required for assessment of environmental impact, expenses required for the inspection of construction work, expenses needed for the fulfillment of requirements imposed when an airport development project is permitted, and charges for farmland conservation under the provisions of Article 40 of the Farmland Act, etc.; and 6. Construction interest means any construction interest to the project cost as referred to in subparagraphs 1 through 5 (the interest rate shall be the interest rate on a loan which is applied by financial institutions as prescribed by the Banking Act, and which is designated by the Minister of Land, Transport and Maritime Affairs). (2) The period in which the airport facilities are to be used gratuitously and for profitmaking under Article 105 (3) of the Act, shall be the time until the total of the rent in the case of onerous use of the airport facilities reaches the total cost of projects calculated under paragraph (1).

22 Article 39 (Change of Gratuitous Use and Profit) If it is inevitable for operating the airport, the Minister of Land, Transport and Maritime Affairs may revoke the permission on gratuitous use of the airport facilities and profit making by the investor, etc. under Article 105 (3). In this case, if the total rent of the airport facilities in the case of the commercial use of the airport facilities reverted to the State by the investor, etc. is short of the total cost of projects, the Minister of Land, Transport and Maritime Affairs may have the investor, etc. gratuitously use the airport facilities and make profits until the total rent reaches the total cost of projects. Article 39-2 (Notification to Violators of Orders) An airport facility manager may notify the content of violation to the person who has the right to impose fines under subparagraph 10 of Article 182 of the Act as prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs when a violator doesn t comply with order of stopping his acts or of leaving the place under Article (2). Article 40 (Establishment, etc. of Measures for Noise Control) (1) Measures for preventing noise damages resulting from the aircraft under Article 107 (1) of the Act (hereinafter referred to as "measures for noise control") shall be established and executed with respect to the airports excluding the airports (except the cases for the airports located in Gangseo-gu, Busan Metropolitan City) which are subject to items (a) and (b) in the annexed Table to the Enforcement Decree of the Military Air Bases Act. (2) The Minister of Land, Transport and Maritime Affairs shall have an airport development project operator of an airport and a manager of the airport facilities as referred to in paragraph (1), establish measures for noise control including the following matters with respect to the area damaged or anticipated to be damaged by the airport noise, which is designated and announced publicly by the Minister of Land, Transport and Maritime Affairs under Article 107 (2) of the Act, and may have them execute any project for countermeasure in the limit of the revenue source depending on the degree of noise influence: 1. An implementation plan to reduce the noise produced by the aircraft; 2. A land utilization plan; 3. A fund raising and investment plan;

23 4. Effect caused by execution of the project; and 5. Establishment and operation of a system for noise supervision and measurement for supervising aircraft noise. Provided, the same shall not apply to the case where aircraft noise impact can be measured by using a measurement network established under Article 3 of the Noise and Vibration Regulation Act or to the case where it is possible to supervise whether or not the procedures for measuring noise impact and low noise aircraft operation. 6. Other matters as determined by the Minister of Land, Transport and Maritime Affairs. (3) The provisions of Articles 30 and 31 shall apply mutatis mutandis to the establishment and execution of measures for noise control. Article 41 (Designation and Publication of Area, etc. Damaged by Airport Noise) (1) The Minister of Land, Transport and Maritime Affairs shall designate areas which suffer from airport noise and other areas which are anticipated to suffer from such airport noise according to the extent of noise impact after consulting with the heads of central administrative agencies concerned under the provisions of Article 107 (2) of the Act and then publish matters falling under each of the following subparagraphs in the Official Gazette. The same shall apply to the case where he alters such designation: 1. A location and area of the area damaged or anticipated to be damaged by the airport noise; 2. A topographic map indicating the area damaged or anticipated to be damaged by the airport noise; and 3. Other matters prescribed by the Minister of Land, Transport and Maritime Affairs. (2) With respect to the area damaged or anticipated to be damaged by the airport noise designated and publicly announced under paragraph (1), the Minister of Land, Transport and Maritime Affairs shall examine every five years, whether or not the designation is proper. (3) The Minister of Land, Transport and Maritime Affairs shall, upon making the designation and public announcement as referred to in paragraph (1), send to the competent Mayor/Do governor the drawings, etc. related to it, and have him offer them for public perusal for one or more months. (4) When the competent Mayor/Do governor establishes a basic urban planning as

24 prescribed in Article 18 of the National Land Planning and Utilization Act, he shall utilize the matters designated and announced publicly under paragraph (1). Article 42 (Restriction, etc. on Installation of Facilities) (1) The Mayor/Do governor may, under Article 107 (3) of the Act, restrict any installation or purpose of facilities, or relax any restriction under a specified condition, in the area designated and announced publicly according to the provisions of Article 41 (1), depending on the degree of noise influence under the conditions as prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. (2) The Mayor/Do governor may order a person who fails to fulfill the condition as referred to in paragraph (1), to do the following matters within a specified period fixed: 1. Changes in the purpose of facilities; and 2. Supplement of noise damage prevention facilities. (3) Where the Special Metropolitan City Mayor, the Metropolitan City Mayor or Do governor (hereinafter referred to as the "Mayor/Do governor") grants permission for installing a facility in designated areas which suffer from airport noise and other areas which are anticipated to suffer from such airport noise under the Building Act, he shall notify the content of permission (including the condition of installing a noise preventative facility if the condition is attached) to an airport development project operator or an airport facility manager. Article 42-2 (Composition and Operation of Committee on Measures to Prevent Aircraft Noise from Causing Damage) (1) The Committee on Measures to Prevent Aircraft Noise from Causing Damage (hereinafter referred to as the "Committee") provided for in Article of the Act shall be set up in every airport that takes measures to prevent aircraft noise from causing damage. (2) The Committee shall consist of not more than 15 members, including one chairman and one vice chairman. (3) The chairman shall be the director of a regional aviation office, the airport development projects operator or the manager of airport facilities and the vice chairman shall be nominated by the chairman from among members. (4) The members shall be appointed or commissioned by a head of local airport corporation, a project operator or an airport facility manager from among the persons