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Government Legislation

  • Partial amendment to the Enforcement Rule of the Aviation Safety Act
    • Competent Ministry : Ministry of Land, Infrastructure, and Transport
    • Advance Publication of Legislation : 2020-05-27
    • Opinion Submission Deadline : 2020-07-07

(1) Reasons for Proposal

This amendment aims to reinforce the transparency of disposition by specifying standards for the disposition of suspension of the effect of certification, etc., for qualification of aviation personnel; partially set forth violations of flight technology standards, operation standards, and regulations for the operation of aircraft or aircraft maintenance and reclassifying the importance (important or minor matters) of some acts so that administrative disposition such as imposing penalty surcharges equivalent to the degree of impact on safety may be made, to raise awareness about the compliance with safety regulations by air transport service providers, etc.; address problems of weakening the safety awareness of air transport service providers, such as increasing the number of violations of safety regulations since the current Enforcement Rule requires administrative disposition only if the same violation occurred more than once within one year when an air transport service provider, etc., violates minor matters; establish the basis for providing the standard procedure for sobriety test; and otherwise improve and supplement some of the shortcomings emerged from the operation of the current system.

(2) Major Provisions

A. Provide the basis for issuing electronic certificates of qualification of aviation personnel (Articles 87 and 113) 

Provide a basis for issuing electronic certificates of qualification to applicants who wish to receive them in electronic form and at the same time, improve electronic certificates of qualification to have the same effect as the existing plastic card certificates of qualification.

B. Supplement the aviation medical examination system (Articles 92, 93, and 95) 

If an aviation medical examiner conditionally issues an aviation medical examination certificate or determines it inappropriate to issue a certificate, mandate an aviation medical examiner to undergo an advisory judgment by the Aerospace Medical Association of Korea, and when the Association ex post facto confirms that a medical examination certificate is issued inappropriately, establish a procedure for notifying the certificate holder the fact and collect his/her certificate.

C. Establish the basis for providing instructions to set the standard procedure for sobriety test (Article 129) 

Provide the basis for the enforcement officers to establish and operate detailed procedures to be followed when performing sobriety test enforcement work.

D. Improve the method of compulsory reporting when an aircraft collides with birds, etc. (Article 134) 

Supplement the reporting method when an aircraft collides with animals or birds, regardless of whether the aircraft is damaged, in accordance with the bird and animal collision reporting format.

E. Supplement administrative disposition standards for air transport service providers, etc. (Article 264) 

Expand the mitigation/aggravation upper range of the suspension of aircraft operations (within 1/2 of the number of disposition days → within 2/3) to air transport service providers, etc., and specifically set standards for mitigation/aggravation.

F. Improve the approval procedure for an alteration of the operating certification of foreign providers of international air transport services (Article 279) 

If a foreign provider of international air transport services intends to change the approval of operating certification, supplement the approval procedure for the change in the operating certification, such as the preparation of an application for approval of the alteration in the operating certification.

G. Supplement administrative disposition standards for aviation personnel, etc. (attached Table 10) 

As providing the standards for disposition of repeated violations and the specific standards for mitigation/aggravation applied during disposition for violations, supplement the standards so that there is no possibility of both arbitrary disposition and preferential treatment by a person having disposition authority by placing a sanction provision that he/she may select for a violation.

H. Specify standards for the designation of specialized educational institutions to train pilots (attached Table 12) 

To clarify the facility securing standards for take-off and landing facilities (training airfield), supplement the standards to secure take-off and landing facilities for actual flight training in consideration of the runway/mooring/handling capacity of air traffic service and practical flight training time.

I. Expand the training curriculum for specialized educational institutions to train aircraft maintenance technicians (attached Table 12) 

Provide standard training courses and training time standards for the sectors of helicopters, avionics, electricity, and instruments to add avionics, electricity, and instruments courses to the current curriculum of specialized educational institutions to train aircraft maintenance technicians, which was previously limited to the airplane sector.

J. Supplement administrative disposition standards for air transport service providers, etc. (attached Table 34) 

To raise awareness about the compliance with safety regulations by air transport service providers, etc., provide specific standards for mitigation/aggravation applied when disposing of the suspension of aircraft operations, as deleting the requirement to make such disposition only when the same violation is committed within a year for minor violations.

K. Improve the violation list of safety standards such as flight technology standards (attached Table 35) 

To strengthen the effectiveness and equity of disposition, partially set forth violations that have a significant impact on aviation safety, and reclassify the importance of the act according to the risk to safety.



Regulatory effect assessment
  • ★항공안전법 시행규칙 규제영향분석서(0521).hwp [download]
Legislative proposal (draft)
  • 입법예고문(항공안전법 시행규칙).hwp [download]