AVIATION SAFETY AND SECURITY ACT

Wholly amended By  2002· 8·26 Act No. 6734

Amended By         2003·12·31 Act No. 7050

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to prevent any unlawful act in airport facilities, air navigation safety facilities and aircraft in compliance with international conventions, including the Convention on International Civil Aviation and to provide for standards, procedures, and mandatory matters needed to ensure the safety and security of civil aviation.

Article 2 (Definitions)

The definitions of the terms used in this Act shall be as follows:

1.The term "in flight" means the time frame ranging from the time when all doors of an aircraft close after passengers board the aircraft to the time when all the doors of the relevant aircraft open for such passengers to get off;

2.The term "airport operators" means the Incheon International Airport Corporation established pursuant to the Incheon International Airport Corporation Act and the Korea Airports Corporation established pursuant to the Korean Airport Corporation Act;

3.The term "air carriers" means any regular air carrier whose business is licensed under Article 112 of the Aviation Act, any irregular air carrier whose business is registered under Article 132 of the same Act and any foreign international air carrier whose business is permitted under Article 147 of the same Act;

4.The term "aircraft-handling company" means any company that has its aircraft-handling services registered under Article 137 of the Aviation Act;

5.The term "airport-resident establishment" means any individual or any corporation that enters into a facility-utilization contract with an airport operator for the purpose of running his or its business at the airport;

6.The term "aviation security personnel" means judicial police officers or persons designated by an air carrier, who are charged with the task of preventing any act of disrupting the order and safety in aircraft;

7.The term "unlawful obstruction" means the act falling under any of the following items, which is likely to obstruct the safe flight of aircraft or makes the flight of aircraft impossible:

(a) Act of destroying or damaging aircraft;

(b) Act of damaging or destroying any airport and air navigation safety facilities, or impeding the operation of any airport and air navigation safety facilities;

(c) Act of furnishing false information pertaining to air carrier service, etc.; and

(d) Other act that is punishable under this Act; and

8.The term "security screening" means the act performed to detect or search for dangerous objects, such as weapons or explosives, which may be used for the unlawful obstruction.

Article 3 (Observance of International Conventions)

(1) The safety and security of civil aviation shall be governed by the international conventions falling under each of the following subparagraphs except as otherwise provided for in this Act:

1.The Convention on Offense and Certain Other Acts Committed on Board Aircraft;

2.The Convention for the Suppression of Unlawful Seizure of Aircraft;

3.The Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation;

4.The Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation; and

5.The Convention on the Marking of Plastic Explosives for the Purpose of Detection.

(2) In the event that any other international convention governing the safety and security of civil aviation exists in addition to the international conventions specified in paragraph (1), the safety and security of civil aviation shall also be governed by the former.

Article 4 (Responsibilities of State)

The Minister of Construction and Transportation shall develop plans to ensure the safety and security of civil aviation, maintain a cooperation system with other administrative agencies concerned in dealing with aviation affairs, grant approval for safety and security plans drawn up for airport operators, air carriers, aircraft-handling companies, airport-resident establishments, air passenger and cargo terminal operators, and check on the progress in the implementation of such plans, and also develop education and training programs for the safety and security of civil aviation.

Article 5 (Mandatory Cooperation by Airport Operators, etc.)

Airport operators, air carriers, aircraft-handling companies, airport-resident establishments, air passenger and cargo terminal operators, airport users and any other person prescribed by the Ordinance of the Ministry of Construction and Transportation shall cooperate with the State in implementing its policy steps to ensure the safety and security of aviation.

Article 6 (Establishment and Operation of Aviation Safety Organization)

Notwithstanding Articles 2 through 4 of the Government Organization Act, the Minister of Construction and Transportation may set up and operate an organization tasked exclusively to perform the work of aviation safety and technology, etc. provided for in this Act or the Aviation Act in such manners as prescribed by the Presidential Decree, separately from organizations established by central administrative agencies.

CHAPTER II AVIATION SAFETY COUNCIL, ETC.

Article 7 (Aviation Safety Council)

(1) The Aviation Safety Council chaired by the Minister of Construction and Transportation shall be established under the Ministry of Construction and Transportation to consult about matters falling under each of the following subparagraphs, which are all related to the safety and security of aviation:

1.Consultations about plans for the safety and security of aviation;

2.Cooperation with administrative agencies concerned in dealing with aviation affairs;

3.Consultations about approval for implementation plan for the safety and security of aviation provided for in Article 10; and

4.Other matters that are deemed by the chairman of the Council necessary to ensure the safety and security of aviation.

(2) Necessary matters concerning the composition and operation, etc. of the Aviation Safety Council shall be prescribed by the Presidential Decree.

Article 8 (Airport Safety and Operation Council)

(1) The head of a regional airports authority shall establish an airport safety and operation council in his jurisdictional airport to consult about matters concerning the safety and security of aviation.

(2) Necessary matters concerning the composition, duties, and operation, etc. of the airport safety and operation council shall be prescribed by the Presidential Decree.

Article 9 (Basic Plan for Safety and Security of Aviation)

(1) The Minister of Construction and Transportation shall develop the basic plan for safety and security of aviation (hereinafter referred to as the "basic plan").

(2) The basic plan under paragraph (1) shall contain a comprehensive and long-term direction by which the safety and security of aviation is enhanced.

(3) In the event that the basic plan under paragraph (1) is developed, consultations thereon shall be made with administrative agencies concerned.

Article 10 (Implementation Plan for Safety and Security of Aviation)

(1) Airport operators, air carriers, aircraft-handling companies, airport-resident establishments, air passenger and cargo terminal operators, and any other person prescribed by the Ordinance of the Ministry of Construction and Transportation (hereinafter referred to as "airport operators, etc.") shall develop an implementation plan for the basic plan (hereinafter referred to as the "implementation plan") and then obtain approval therefor from the Minister of Construction and Transportation.

(2) Necessary matters concerning detailed contents of the implementation plan referred to in paragraph (1) and procedures for developing it shall be prescribed by the Presidential Decree.

CHAPTER III SECURITY OF AIRPORTS AND AIRCRAFT, ETC.

Article 11 (Safety and Security of Airport Facilities, etc.)

(1) Airport operators shall take steps necessary for the safety and security of airport facilities and air navigation safety facilities provided for in subparagraphs 6 and 16 of Article 2 of the Aviation Act.

(2) Airport operators shall work out and implement measures to prevent any contacts between passengers who have completed security screening and passengers have uncompleted security screening.

Article 12 (Designation of Areas for Protection of Airport Facilities)

(1) Airport operators shall designate areas needed to protect airport facilities such as areas in which security screening has completed, runways, aprons as protective areas after obtaining approval therefor from the Minister of Construction and Transportation.

(2) Airport operators may, if deemed necessary, designate any temporary protective area after obtaining approval therefor from the Minister of Construction and Transportation.

(3) Necessary matters concerning standards for designating protective areas under paragraphs (1) and (2), and revocation of any designation shall be prescribed by the Ordinance of the Ministry of Construction and Transportation.

Article 13 (Permission for Access to Protective Areas)

(1) Any person or vehicle that intends to enter any protective area designated under Article 12 shall obtain permission therefor from the competent airport operator.

(2) Necessary matters concerning procedures, etc. for granting the permission under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Construction and Transportation.

Article 14 (Safety of Passengers and Security of Aircraft)

(1) Air carriers shall take steps necessary to ensure the safety of passengers and the security of aircraft.

(2) Air carriers shall get aviation security personnel board aircraft, in case they operate aircraft with passengers aboard.

(3) Air carriers shall take steps to strengthen the safety of aircraft, such as increasing security for cockpit doors, as prescribed by the Ordinance of the Ministry of Construction and Transportation.

(4) Air carriers or owners of aircraft may, if deemed necessary to ensure the safety of aircraft, get police officers assigned for special guard under the Police Assigned for Special Guard Act or special security guards under the Security Industry Act posted to guard aircraft.

Article 15 (Security Screening of Passengers, etc.)

(1) Passengers who are to board aircraft shall get through security screening their bodies, carry-on baggage and checked baggage.

(2) Airport operators shall have passengers who are to board aircraft, their carry-on baggage and checked baggage got through security screening, and air carriers shall have cargo get through security screening: Provided, That the chief of any competent police station may, when he deems it necessary to investigate any crime and prevent any danger to the public, ask the airport operator and the air carrier to take steps necessary for security screening, and such airport operator and air carrier shall not refuse to comply with the request of the chief of the competent police station without any justifiable reasons.

(3) Airport operators and air carriers shall perform direct security screening referred to in paragraph (2), or may entrust security screening to any corporation designated by the Minister of Construction and Transportation in accordance with paragraph (6), on the recommendation of any airport operator and any air carrier, from among corporations that intend to run a security service provided for in Article 4 (1) of the Security Industry Act.

(4) Airport operators may appropriate part of the rental fee under Article 86 of the Aviation Act to cover costs needed for security screening.

(5) Necessary matters concerning methods of, procedures for, and exemption from, the security screening referred to in paragraph (2) shall be prescribed by the Presidential Decree.

(6) Any corporation that intends to be entrusted security screening in accordance with paragraph (3) shall obtain a designation thereof from the Minister of Construction and Transportation. In this case, necessary matters concerning standards for, and revocation of, any designation shall be prescribed by the Ordinance of the Ministry of Construction and Transportation.

Article 16 (Security Screening of Persons, etc. Other than Passengers)

Airport operators shall have any persons or goods that enter or are carried into protective areas after obtaining permission therefor in accordance with Article 13 (1) get through security screening. In this case, the provisions of Article 15 (5) shall apply mutatis mutandis to such security screening.

Article 17 (Security Screening of Transit or Transfer Passengers)

(1) Every air carrier shall get transit or transfer passengers to get off its aircraft with their carry-on baggage when its aircraft land at airport.

(2) Every airport operator shall conduct the security screening of transit or transfer passengers and their carry-on baggage, who disembark the aircraft.

(3) Costs necessary to conduct the security screening referred to in paragraph (2) shall be borne by the air carrier and the airport operator, and the air carrier shall provide the airport operator with information on the transit and transfer passengers.

(4) Detailed matters concerning the cost-sharing for conducting the security screening and the provision of transport information, etc. referred to in paragraph (3) shall be prescribed by the Minister of Construction and Transportation.

(5) The provisions of the proviso of Article 15 (2), paragraphs (3), (5) and (6) shall apply mutatis mutandis to the security screening of transit or transfer passengers and their baggage.

[This Article Wholly Amended by Act No. 7050, Dec. 31, 2003]

Article 18 (Control of In-flight Meals, etc.)

(1) Air carriers shall take measures necessary to prevent hazardous goods provided for in Article 21 from being carried onto aircraft under the guise of in-flight meals or cabin supplies.

(2) Detailed matters concerning the control over carrying in-flight meals and cabin supplies onto or out of aircraft shall be prescribed by the Ordinance of the Ministry of Construction and Transportation.

Article 19 (Countermeasures Against Failure of Security Screening)

(1) In the event that the case falling under any of the following subparagrphs occurs, airport operators or air carriers shall promptly make a report thereof to the Minister of Construction and Transportation:

1.Where the security screening is performed at the time when security screening equipment fails to function normally or it is learned that security screening is performed inadequately;

2.Where any person or any goods enter protective areas without any prior permission therefor; and

3.Other case that is prescribed by the Ordinance of Ministry of Construction and Transportation as being likely to endanger the safety of aviation and security.

(2) The Minister of Construction and Transportation shall, upon receiving the report referred to in paragraph (1), inform without delay the relevant agency of the state in which the relevant aircraft is scheduled to land of the fact.

(3) The Minister of Construction and Transportation shall, if he is informed of the matter falling under any subparagraph of paragraph (1) by other state, lead the aircraft in question to an isolated apron and then take safety measures, such as security screening for the aircraft.

Article 20 (Procedures for Safe and Secure Management of Flight Documents)

(1) Air carriers shall develop and implement measures to manage the safety and security of flight documents, including boarding cards and baggage tags, etc.

(2) Detailed matters concerning the safe and secure management of flight documents shall be prescribed by the Ordinance of the Ministry of Construction and Transportation.

CHAPTER IV SAFETY AND SECURITY IN AIRCRAFT

Article 21 (Prohibition on Carrying Hazardous Objects onto Aircraft)

(1) Weapons (including biochemical weapons such as bacteria of anthrax and smallpox germ), swords, explosives, toxic chemicals or highly flammable substances, etc. shall be prohibited from being carried or loaded onto aircraft: Provided, That the same shall not apply to the cases where permission therefor is obtained from the Minister of Construction and Transportation in accordance with the proviso of Article 61 (1) of the Aviation Act and specific duties are performed in accordance with the proviso of paragraph (3) of the same Article.

(2) Any person who intends to carry weapons or objects, etc. onto aircraft in accordance with the proviso of paragraph (1) shall leave them in the custody of the captain of the relevant aircraft before he boards the aircraft and get them returned after he arrives in his destination: Provided, That the same shall not apply to the case of Article 14 (2).

(3) Necessary matters concerning the types of weapons permissible to be carried onto aircraft under paragraph (2) shall be prescribed by the Presidential Decree.

Article 22 (Authority of Captain, etc.)

(1) The captain of an aircraft and crew to whom the captain delegates his authority (hereinafter referred to as the "captain, etc.") may take measures necessary to stop the acts of any person who attempts to harm the safety of aircraft in flight, endanger lives, damage property, disrupt the order of the cabin, or breach the regulations of the cabin.

(2) The persons in the cabin shall, when requested by the captain, etc., cooperate with them in implementing the measures under paragraph (1).

(3) In the event that any person who perpetrates the act specified in paragraph (1) is arrested, the captain, etc. shall not take off the aircraft with the person in the state of being arrested except that the arrested person agrees to continue being aboard the aircraft in the state of being arrested or there exist reasons make it impossible to let the arrested person get off.

(4) In the event that crew to whom the captain delegates his authority take the measures referred to in paragraph (1), they shall implement such measures under the captain's supervision.

Article 23 (Obligation of Passengers to Cooperate in Maintaining Safety)

(1) The passengers in aircraft in flight shall be prohibited from the acts falling under any of the following subparagraphs to ensure the safe flight and travel of both the aircraft and themselves:

1.Act of making noise such as using abusive language and singing with a loud voice;

2.Act of smoking (excluding the act of smoking in the smoking corner);

3.Act of drinking alcohol or abusing drug and doing harm to other persons;

4.Act of inducing sexual humiliation;

5.Act of using electronic devices in violation of Article 61-2 of the Aviation Act; and

6.Act of attempting to enter the cockpit without the captain's approval.

(2) The passengers shall be prohibited from employing violence and making intimidation, perpetrating any deceptive act and operating any door, emergency exit and devices, which might threaten the safe flight of aircraft.

(3) The passengers shall be prohibited from occupying an aircraft and staging a sit-in in such aircraft while refusing to get off the aircraft after the aircraft lands.

(4) The passengers onto aircraft in flight shall follow justifiable instructions given by the captain, etc. who prohibit the acts impeding the safe flight of aircraft because of their duties.

(5) An air carrier shall develop a plan to reduce inconveniences caused to the passengers due to regulations, such as prohibition of smoking, to ensure the safe flight and travel of, its aircraft and passengers.

(6) The captain, etc. shall, if any passenger perpetrates or is feared to perpetrate the acts falling under paragraph (1) 1 through 5 in an aircraft, labor to prevent in advance such acts by getting him to discontinue such acts or warning him not to continue such acts.

(7) Air carriers may decline to board aircraft with respect to any persons who are prescribed by the Ordinance of the Ministry of Construction and Transportation and are likely to obstruct the safe flight of aircraft, including persons who refuse to get through security screening.

Article 24 (Escort of Prison Inmates, etc.)

(1) In the event that judicial police officers or public officials with the law-enforcement authority intend to escort, by aircraft, any suspect, any defendant, any prison inmate or any other person who is feared to cause danger to the safety of cabin in the aircraft (hereafter in this Article referred to as the "person subject to escort"), they shall inform in advance the relevant air carrier thereof.

(2) The matters required to be informed under paragraph (1) shall include the personal information of the person subject to escort, and the reasons for, methods of, and safety measures against, the escort.

(3) The air carrier informed pursuant to paragraph (1) may, if the person subject to escort is deemed to pose a threat to the safety of aircraft, crew and passengers, ask judicial police officers and other public officials assigned to escort the person to take appropriate safety measures against him.

(4) Necessary measures and procedures, etc. concerning escort methods and conditions, etc. for any person subject to escort shall be prescribed by the Ordinance of the Ministry of Construction and Transportation.

Article 25 (Hand-over and Takeover of Criminal)

(1) The captain, etc. shall, when they intend to hand over any criminal who has committed any crime in an aircraft in flight, hand over the criminal directly or through the public officials of the relevant agency, to the police station having jurisdiction over the relevant airport.

(2) In the event that the captain, etc. who take over any criminal under paragraph (1) are unable to keep him in custody in the aircraft, they shall promptly hand over the criminal, directly or through the public officials of the relevant agency, to the police station having jurisdiction over the relevant airport.

(3) The chief of the police station that takes over the criminal under paragraphs (1) and (2) shall inform without delay the relevant air carrier of the results of his investigation.

Article 26 (Preliminary Investigation)

(1) The chief of the police station may, when he takes over any criminal under Article 25 (1) and (2), launch a preliminary investigation to interrogate the criminal about his offense and to secure evidence and statements from witnesses, etc.

(2) The chief of the police station shall not delay the flight of the relevant aircraft without any justifiable reasons on the grounds of the preliminary investigation pursuant to paragraph (1).

CHAPTER V AVIATION SAFETY AND SECURITY EQUIPMENT, ETC.

Article 27 (Aviation Safety and Security Equipment)

(1) An airport operator and air carrier shall use aviation safety and security equipment that is published by the Minister of Construction and Transportation.

(2) The Minister of Construction and Transportation shall set standards for types, performance and operating methods, etc. of the aviation safety and security equipment, and publish thereof.

Article 28 (Education and Training)

(1) Persons who are in charge of overseeing and carrying out the security screening shall take education and training programs for screening methods and procedures, operating screening equipment, and other matters required for security screening at educational institutions designated by the Minister of Construction and Transportation.

(2) The Minister of Construction and Transportation shall determine any designation of educational institutions and detailed matters for education and training.

Article 29 (Keeping of Screening Records)

An airport operator, air carrier or company entrusted with security screening function shall make and keep records of security screening at airports such as records related to the duties of screeners and field education and training, as prescribed by the Ordinance of the Ministry of Construction and Transportation.

CHAPTER VI RESPONSE TO THREAT TO AVIATION SAFETY

Article 30 (Furnishing of Information Pertaining to Threat to Aviation Safety)

The Minister of Construction and Transportation shall, when he learns of information on any threat to aviation safety, furnish such information to the administrative agencies concerned and the agencies concerned of the relevant state.

Article 31 (Establishment of Contingency Plan)

(1) The airport operators, etc. shall develop and implement a contingency plan including action guidelines, communications network construction and education and training, etc. to cope with any unlawful act posing a threat to the safety and security for civil aviation.

(2) In the event that a contingency plan is developed in accordance with paragraph (1), approval therefor shall be obtained from the Minister of Construction and Transportation.

(3) Necessary matters concerning specific contents of the contingency plan referred to in paragraphs (1) and (2), standards for developing such plan and procedures for approving such plan, etc. shall be prescribed by the Ordinance of the Ministry of Construction and Transportation.

Article 32 (Safety Measures)

In the event that it becomes necessary to quickly cope with any threat to civil aviation, the Minister of Construction and Transportation may order the relevant airport operator, etc. to take necessary measures against such threat.

Article 33 (Check and Field Survey, etc.)

(1) The Minister of Construction and Transportation may designate public officials belonging to his Ministry as aviation security supervisors to check the safety and security for aviation.

(2) The Minister of Construction and Transportation may, if necessary, conduct the field check on the protective state of airports and aircraft in concert with administrative agencies concerned and order the airport operators, etc. to take corrective measures for improving the protective state and to develop protective measures for airports and aircraft.

(3) Matters concerning the management of aviation security supervisors and necessary matters concerning the check under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Construction and Transportation.

CHAPTER VII SUPPLEMENTARY PROVISIONS

Article 34 (Financial Assistance)

The State may financially subsidize costs necessary to provide aviation safety and security services within limits of budget.

Article 35 (Supervision)

The Minister of Construction and Transportation may take necessary measures, including the issue of corrective orders, with regard to any act performed in contravention of this Act or any order given or any disposition taken by this Act.

Article 36 (Remedy for Damage Caused by Failure, etc. in Air Transportation)

(1) With respect to failure or delay in transportation caused by an air carrier's intention or negligence, passengers may apply for remedy for damage to the Korea Consumer Protection Board (hereinafter referred to as the "Consumer Protection Board") established pursuant to the Consumer Protection Act directly or through the aircraft-related damage claim receipt office provided for in paragraph (2): Provided, That the same shall not apply to cases are occurred because of force majeure such as weather conditions, airport situations, aircraft connections and unexpected repairs performed for safe aviation.

(2) An air carrier shall open and operate aircraft-related damage claim receipt office (hereinafter referred to as the "receipt office") at an airport to accept any application for remedy for damage under paragraph (1).

(3) An carrier shall transfer any application for remedy for damage within 5 days from the date on which it receives to the Consumer Protection Board pursuant to paragraph (1).

(4) Necessary matters concerning establishment and operation of the receipt office and procedures for dealing with remedy for damage shall be prescribed by the Ordinance of the Ministry of Construction and Transportation.

Article 37 (Hearing)

The Minister of Construction and Transportation shall, when he intends to revoke any designation of any company entrusted with security screening business under Article 15 (6), hold a hearing thereon.

Article 38 (Delegation and Entrustment of Authority)

(1) The Minister of Construction and Transportation may delegate part of his authority under this Act to the head of the aviation safety organization created pursuant to Article 6 in such manners as prescribed by the Presidential Decree and the head of the aviation safety organization may again delegate part of the delegated authority to the commissioners of regional airport authorities after obtaining approval therefor from the Minister of Construction and Transportation.

(2) Part of the authority of the Minister of Construction and Transportation under this Act may be entrusted to other administrative agencies or any person who is not an administrative agency in such manners prescribed by the Presidential Decree.

CHAPTER VIII PENAL PROVISIONS

Article 39 (Crime of Causing Damage to Aircraft)

(1) Any person who has caused any damage to aircraft in flight to the extent that such damage harms the safety of aircraft (excluding any person falling under Article 157 (1) of the Aviation Act) shall be punished by death penalty or by imprisonment for life or for not less than 5 years.

(2) Any person who has caused any damage to aircraft parking on an apron to the extent that such damage harms the safety of aircraft shall be punished by imprisonment for not more than 7 years.

Article 40 (Crime of Hijacking Aircraft)

(1) Any person who has hijacked any aircraft in flight or forced its flight by means of violence, intimidation and other means shall be punished by imprisonment for life or for a limited term of not less than 7 years.

(2) Any person who has killed or injured any man by committing the crime of paragraph (1) shall be punished by death penalty or life imprisonment.

(3) Any person who has attempted the crime of paragraph (1) or (2) shall be punished.

(4) Any person who has prepared or conspired to commit the crime of paragraph (1) or (2) shall be punished by imprisonment for not more than 5 years: Provided, That any person who turns himself in prior to the commitment of his intended crime may be subject to mitigation or exemption from the punishment therefor.

Article 41 (Crime of Causing Damage to Aviation Facilities)

Any person who has harmed the safe flight of aircraft by causing damage to aviation facilities related to the flight of aircraft or by impeding the operation of such aviation facilities (excluding any person falling under Article 156 of the Aviation Act) shall be punished by imprisonment for a limited term of not less than 2 years.

Article 42 (Crime of Altering Aircraft's Air Route)

Any person who has impeded a normal flight of aircraft by altering the air route of aircraft in flight through fraudulent or forcible means shall be punished by imprisonment for not less than 1 year to not more than 10 years.

Article 43 (Crime of Obstructing Duties)

Any person who has harmed the safety of aircraft in flight and its passengers as obstructing the captain, etc. in the discharge of their justifiable duties by means of violence, intimidation or fraudulence shall be punished by imprisonment for not more than 10 years.

Article 44 (Crime of Carrying Hazardous Objects onto Aircraft)

Any person who has carried or loaded hazardous objects onto aircraft or let other person carry or load them in violation of Article 21 shall be punished by imprisonment for not less than 2 years to not more than 5 years.

Article 45 (Crime of Impeding Airport Operation)

Any person who has impeded the operation of airports by means of spreading false facts, violence, intimidation and fraudulence shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 30 million won.

Article 46 (Crime of Impeding Safe Flight of Aircraft by Means of Violence, etc.)

Any person who has violated the provisions of Article 23 (2) shall be punished by imprisonment for not more than 5 years.

Article 47 (Crime of Occupying Aircraft and Staging Sit-In in Aircraft)

Any person who has violated the provisions of Article 23 (3) shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 20 million won.

Article 48 (Crime of Furnishing Information Impeding Flight of Aircraft)

Any person who has furnished false information for the purpose of impeding the flight of aircraft shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 20 million won.

Article 49 (Penal Provisions)

Any person who has violated the provisions of Article 23 (1) 6 or paragraph (4) of the same Article shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won.

Article 50 (Penal Provisions)

(1) Any person falling under any of the following subparagraphs shall be punished by a fine not exceeding 10 million won: <Amended by Act No. 7050, Dec. 31, 2003>

1.A person who has failed to develop the implementation plan or to obtain approval therefor in violation of the provisions of Article 10 (1);

2.A person who has failed or neglected the security screening in violation of the provisions of Article 15 or 17 (2);

3.An air carrier that has failed to get transit or transfer passengers to get off aircraft with their carry-on baggage in violation of the provisions of Article 17 (1);

4.A person who has failed to fulfill his obligation of keeping the records of security screening in violation of the provisions of Article 29;

5.A person who has failed to comply with safety measures in violation of the provisions of Article 32;

6.A person who has failed to implement improved security measures in violation of the provisions of Article 33 (2); and

7.A person who has failed to take measures in response to corrective orders, etc. in violation of the provisions of Article 35.

(2) Any person falling under any of the following subparagraphs shall be punished by a fine not exceeding one million won: <Amended by Act No. 7050, Dec. 31, 2003>

1.A person who has entered a protective area without obtaining approval therefor in violation of the provisions of Article 13 (1);

2.A person who has refused to get off an aircraft with his carry-on baggage, defying instructions from the air carrier in violation of the provisions of Article 17 (1); and

3.A person who has violated the provisions of Article 23 (1) 1 through 5 despite an advance warning from the captain, etc.

ADDENDA

(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That the amendments to Articles 6 and 38 shall enter into force on the date of its promulgation.

(2) (Transitional Measures concerning Security Screening) Any person who performs security screening at the time of enforcement of this Act at an airport shall continue to perform the security screening until the relevant airport operator and the relevant air carrier take over the security screening.

(3) Omitted.

ADDENDA <Act No. 7050, Dec. 31, 2003>

(1) (Enforcement Date) This Act shall enter into force on April 1, 2004.

(2) (Application Example concerning Security Screening of Transit or Transfer Passengers, etc.) The amended provisions of Article 17 and Article 50 (1) 2 and 3 shall apply, starting with the transit or transfer passengers and their baggage of an aircraft that lands first at airport after the enforcement of this Act.

(3) (Transitional Measure concerning Security Screening Services) Every air carrier shall conduct the security screening services of transit or transfer passengers and their baggage until every airport operator takes over the security screening services at the time of enforcement of this Act.