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Government Legislation

  • Draft for partial revision of Enforcement Rules of the Aviation Safety Act
    • Competent Ministry : Ministry of Land, Infrastructure, and Transport
    • Advance Publication of Legislation : 2021-08-13
    • Opinion Submission Deadline : 2021-09-23

1. Reason for proposal

With the Aviation Safety Act (Act No. 18187, promulgated on May 18, 2021, enforced on November 19, 2021) amended to change a term, i.e., from flight simulator to flight training simulator, to prescribe matters on the application for designation, standard, inspection, etc. of flight training simulators in the Act, to prohibit lease or brokerage of aviation worker licenses, and to impose administrative sanctions in case of violation of such prohibition, the aim is to improve and supplement some insufficient matters found during the operation of the current system by deciding matters delegated by the Act and matters needed for the execution of delegated matters by clarifying the aggravated disposition of administrative sanctions against aviation workers, etc., and by updating the medical equipment standard needed for medical institutions for aviation physical examinations in keeping with the development of medical technology.

 

2. Main content

A. Subdividing the kinds of flight training simulators (Article 10-2 of the draft)

  The kinds of flight training simulators are subdivided into flight simulators, flight training simulators, and basic flight training simulators to cover the various flight training simulators being used in actual aviation education/training sites.

B. Embodying matters on designation including the procedure for designating flight training simulators (Article 91 of the draft)

  The subjects to apply for designation of flight training simulators and the documents to be submitted, etc. are decided in detail, and the procedure for designation from application for designation to issuance of designation certificates is decided.

C. Preparation of standard for administrative sanctions including withdrawal of designation of flight training simulators (Article 91-2 of the draft)

  The standard for administrative sanctions to be applied in case of violation of acts and subordinate statutes, e.g., a person who obtained designation of flight training simulator by unlawful means or operated flight training simulators not meeting the designation standard, is stated, and the standard for aggregation or reduction of administrative sanctions is established.

D. Liability for repetition of communication in relation to safety in maneuver areas in airports (Article 248 of the draft)

  With the recent international standard, i.e., Annex 11 (Air Traffic Work) of the International Civil Aviation Organization (ICAO) revised so that, if communication between vehicles or people moving in maneuver areas and air traffic control units is related to safety, such communication shall be repeated and heard, such revision is reflected to domestic systems.

E. Submission of photos of manufacturing number of automatic aircraft bodies when reporting such bodies (Article 301 of the draft)

  The basis for systematic safety control is prepared with supplementation by submitting photos of manufacturing number of bodies when reporting such bodies in order to confirm consistency between the bodies and the owners.

F. Supplementation of standard for designation of professional educational institutions and establishment of basis for attendance control (Article 307 of the draft)

  As the standard for designation of professional ultralight aircraft education institutions is established by the Decree of the Ministry of Land, Infrastructure and Transport, the aim is to add the basis for installation of attendance control terminals and control of attendance so that flight career is not recorded by fraudulent or unlawful means.

G. Supplementation of career to apply for certification of pilots and aircraft dispatchers (Appendix Table 4 of the draft)

  “Landing experience” in the application career for private pilots, which was unclear in the past, is improved to “complete landing experience” to exclude experiences in air navigation and wireless equipment operation—which are impractical in the current airplane operation environment due to the development of airplane equipment—from the application career for certification of aircraft dispatchers.

H. Preparation of standard for sanctions in case of violation of liability delegated by the Act (Appendix Table 10, Appendix Table 39, Appendix Table 42, and Appendix Table 44-2 of the draft)

  As lease or brokerage of aviation worker licenses is prohibited, and the basis for drunken driving control of foreign pilots is set forth in the Aviation Safety Act, detailed standard is prepared for administrative sanctions including suspension of aviation worker licenses due to violation of legal liability delegated by the decree of the ministry.

I. Clarification of standard for the aggregated disposition of administrative sanctions (Appendix Table 10, Appendix Table 14, and Appendix Table 42 of the draft)

  Due to the recommendation of the Anti-Corruption and Civil Rights Commission, i.e., the time to apply the aggregated disposition of administrative sanctions to aviation workers and aviation physicians requires clarification (February, 2021), the detailed standard for administrative disposition is clarified by extending the period of applying the aggregated disposition of administrative sanctions from one (1) year to five (5) years and by stating the time to apply aggregated disposition as the day of catching the violator.

J. Establishment of standard for designation of professional educational institutions to cultivate aircraft dispatchers (Appendix Table 12 of the draft)

  The decree of the ministry prescribes that the person who completed professional education from a professional education institution may apply for certification as aircraft dispatcher, but there has been no standard for designation of professional education institutions, and application could not be made for designation of professional education institutions; therefore, the standard for designation of professional educational institutions is established.

K. Updating the standard for facilities and equipment of aviation physical examination institutions (Appendix Table 13 of the draft)

  Past examination equipment such as tape measure and plexor, etc. is deleted from the standard for facilities and medical equipment needed for aviation physical examination institutions to meet the development of medical technology, and actual reference quantity for physical examination is supplemented for actualization.



Regulatory effect assessment
  • 항공안전법 시행규칙(규제영향분석서)_20210812.hwp [download]
Legislative proposal (draft)
  • 입법예고문(항공안전법 시행규칙).hwp [download]