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National Assembly Legislation

  • Aviation Safety Act
    • Competent Ministry : Ministry of Land, Infrastructure, and Transport
    • Advance Publication of Legislation : 2018-11-21
    • Opinion Submission Deadline : 2018-12-05
Reasons for Proposal

The current Act requires that the pilot in command of an aircraft used for air transport services or aircraft use business as well as pilot in command of aircraft for international flight operations shall obtain operational qualification concerning his/her knowledge and ability from the Minister of Land, Infrastructure and Transport, and a pilot other than the pilot in command shall obtain such qualification concerning his/her knowledge. It also provides that the Minister of Land, Infrastructure and Transport shall review on a regular basis or at any time whether persons who obtained operational qualification (hereafter “pilot, etc.”) continue to have the knowledge and ability.
However, current law does not provide a means through which a pilot, etc., will be subject to immediate review on whether he/she is returning to flight operations from a break due to overseas employment, leave of absence, or unemployment, while such review seems necessary. Criticism arises as current law creates a gap between the pilot re-commencing of flight operations and the first regular review he/she receives, which may inhibit flight operation safety.
Therefore, this Amendment seeks to minimize flight operation safety risk that may arise from a pilot’s gap in his/her flight operations, by requiring that he/she be subject to immediate knowledge and ability review by the Minister of Land, Infrastructure and Transport, in cases where the pilot, etc., intends to return to flight operations after having taken a break from such duties since his/her first operation qualification for a specific duration as specified by Presidential Decree (Newly insert Article 63, paragraph 3, etc.).

Major Provisions

If, a pilot in command or a pilot other than the pilot in command, after having acquired the qualification referred to in paragraph (1), has not been engaged in aviation for a period fixed by Presidential Decree or longer, and intends to return to flight operations, he/she shall receive immediate review by the Minister of Land, Infrastructure and Transport on their knowledge or ability (Article 63, paragraph 3)
Where a person who has obtained operational qualification referred to in paragraph (1) fails to undergo the process referred to in paragraph (2) or (3), or fails to satisfy the process, the Minister of Land, Infrastructure and Transport shall revoke the operational qualification thereof (Article 63, paragraph 4).


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