(1) Reasons for Proposal

The Aviation Security Act has been revised (Act No. 14954, promulgated on October 24, 2017, and is to be implemented on October 25, 2018) with the introduction of a performance certification system for aviation security equipment and Article 14-2 to 14-11 of the Enforcement Regulations of the same Act has delegated the Minister of Land, Infrastructure and Transport to stipulate and notify matters concerning the performance certification technical standards and detailed performance inspection standards for the performance certification of aviation security equipment. Accordingly, this enactment aims to specify the details on performance certification and performance testing.

(2) Major Provisions

A. Establish specific technical standards for performance certification (Article 4)

Specify the performance certification technical standards concerning function, performance, operation, and safety, etc., for each aviation security equipment; and stipulate that the Certification Review Committee decides whether to test where the testing institute is unable to apply a test for newly developed equipment, etc.

B. Establish the methods and procedures of the application for performance certification (Article 5)

Allow a person who intends to obtain the performance certification of aviation security equipment to apply for the certificate by appointing an agent who resides in Korea, if he/she is an overseas equipment manufacturer; and stipulate the methods, procedure, etc., of the application for performance certificate in detail

C. Establish the performance evaluation test standards for the initial certification of equipment (Articles 6~8)

Allow the testing institute to specify the test standards for evaluating the performance of equipment, and promote applicants’ convenience by allowing a non-conforming result to be retested within 30 days only once

D. Newly establish the exemption provision of performance evaluation test (Article 8)

Prescribe that an applicant may be exempted from all (or part of) the test if he/she objectively proves that the equipment meets the test standards, and the applicant's cost may be reduced by allowing the Certification Review Committee to decide whether the exemption will be granted

E. Prescribe matters concerning performance certification inspection (Article 9)

Stipulate that the Certification Review Committee shall review and resolve whether a performance certification shall be issued after the certificating institute confirms the application documents and the performance evaluation test results, and if approved, that a performance certificate shall be issued to the applicant

F. Establish the standards for performance inspection, etc. (Articles 11~13)

Stipulate that if one intends to extend the useful life of equipment and continue to use it, he/she shall apply for performance inspection to the certificating institute and that the Certification Review Committee shall review and resolve the approval of the extension of the useful life after the testing institute conducts a performance test

G. Establish regular and irregular review systems (Articles 14~16)

Establish the regular and irregular inspection methods and procedures to allow the certifying institute to inspect equipment manufacturers on a regular or from time to time in order to find out whether the performance-certified equipment continues to maintain its performance level

H. Establish an organizing and operating system for the Certification Review Committee (Articles 17~21)

Stipulate that the committee shall be composed of 12 persons, including those responsible for performance certification and testing, and that the Minister of Land, Infrastructure and Transport shall appoint the chair of the Committee and prepare the standards for exclusion, challenge and evasion of the Committee

I. Prescribe matters concerning record management of documents related to performance certification (Articles 22~23)

Stipulate that the certifying and testing institutes shall maintain and manage the documents related to performance certification such as performance certification and performance inspection until the end of the service life of the equipment that has been certified