The current Act requires the Minister of Land, Infrastructure and Transport to disclose information about safety rating concerning air transport service providers, including information about aircraft accidents and outcomes of safety assessment conducted by the International Civil Aviation Organization, so that people may use aircraft in a safe manner.

However, the current Aviation Business Act also requires that the services provided by an airport operator or an air transport service provider be assessed and its result publicly notified. One of the assessment criteria include “safety of aviation services.” This divides the task related to providing safety information of an air transport service provider into two separate laws, making it difficult to collect and manage relevant information and to consistently develop related policy.

Therefore, this proposal seeks to enhance the consistency of policy development and information provision in regard to securing air transport safety, by unifying all safety assessment-related provisions into the current Aviation Safety Act. Such provisions include safety assessment of air transport services, orders to improve, punishment provisions in case of contravention, etc.

Details

A. In cases where the air transport service provider fails to submit data and opinion on safety assessment (hereafter “air transport service safety assessment”) of services for renumeration in relation to transport of passengers or cargo, or submits under false pretenses, or refuses, interrupts, avoids the on-site inspection, provide that such provider may be subject to Air Operator Certificate cancellation or suspension (newly insert Article 91, paragraph 1, subparagraph 47-2 and 47-3)

B. In cases where such is deemed necessary for air transport safety, allow the Minister of Land, Infrastructure and Transport to require an air transport service provider to submit and implement the improvement plan resulting from the air transport service safety assessment (Newly insert Article 94, subparagraph 3)

C. Require the Minister of Land, Infrastructure and Transport to conduct air transport service safety assessment, and if so required in conducting such assessment, allow him/her to request an air transport service provider to submit related data and opinion or conduct an on-site inspection on services; and require the release of information on how safe the service is following the result of the assessment, so that people may safely use aircraft. (Newly insert Article 133, subparagraph 3, newly insert Article 133-2)

D. Allow for delegation of air transport service safety assessment tasks to KIAST or aviation-related institutions/organizations, in accordance with Korea Institute of Aviation Safety Technology Act (Newly insert Article 135, paragraph 8, subparagraph 4)

E. If the air transport service provider fails to submit data and opinion necessary for safety assessment, or submits under false pretenses, or refuses, interrupts, avoids the on-site inspection, impose a fine of 5 million won or less (Newly insert Article 166, paragraph 1, subparagraph 15/16)

Where an air operator who has obtained the Air Operator Certificate (AOC) falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke the Air Operator Certificate (AOC) or order to suspend the operation of aircraft within a fixed period not exceeding six months: Provided, That where he/she falls under subparagraph 1, 39 or 49, the Minister of Land, Infrastructure and Transport shall revoke the Air Operator Certificate (AOC): (Article 91, paragraph 1)
47-2. Where he/she refused, interfered with, or avoided an on-site inspection as referred to in Article 133-2, paragraph 2;
47-3. Where he/she failed to submit relevant data and opinion, etc., without any extenuating circumstance, or has submitted under false pretenses, in violation of Article 133-2, paragraph 3;

Where the Minister of Land, Infrastructure and Transport deems it necessary for the safety of air transport, he/she may require an air transport service provider to do the following: (Article 94)
3. Submission and implementation of the improvement plan resulting from the safety assessment as referred to in Article 133-2.

The Minister of Land, Infrastructure and Transport shall conduct safety assessment on services for remuneration in relation to transport of passengers or cargo (hereafter “air transport service”) provided by air transport service providers (including foreign provider of international air transport services, hereafter the same under this Article).

Where the Minister of Land, Infrastructure and Transport so requires as he/she conducts safety assessment in accordance with paragraph 1, he/she may request an air transport service provider to submit related data and opinion or conduct an on-site inspection on services (Article 133-2, paragraph 2)
The air transport service provider who received the request as referred to in paragraph 2 shall comply with the request unless there is any extenuating circumstance. (Article 133-2, paragraph 3)