1. Reason for revision

As Aviation Safety Act was revised (Law No. 20396; promulgated on March 19, 2024; implemented on September 20, 2024) to supplement some insufficiency in the system by adding powered-lift aircraft in the range of aircraft in order to provide new type of aircraft operation basis to meet developed aviation technologies, to extend or shorten effective period of aircraft airworthiness certification from 1 year in accordance with the Ordinance of the Ministry of Land, Infrastructure and Transport to meet the characteristics of individual aircrafts and management environment including types, ages, and owners of aircrafts, and to delegate/assign provision of aviation information and the work to approve flight of ultra-light/super-light flying devices in restrictive flight airspace, it is intended to establish the matters delegated by laws and the matters necessary for enforcement of them by shortening effective period of aircraft airworthiness certification of helicopters having more than 40 years of ages to six months and by establishing the procedure to delegate/assign the work.

2. Main contents

A. The range of powered-lift aircrafts is established in Article 2 of the Decree by adding powered-lift aircrafts in the range of aircrafts (Newly established Article 3 (2) of the draft).

B. When a person who has received type certification for an aircraft, etc. changes the type design, if the Minister of Land, Infrastructure and Transport determines that the impact on structural strength, flight characteristics, etc. is insignificant, the submission of some documents may be omitted and the system is improved so that inspection can be replaced by confirmation with submitted documents (Article 19 and Article 20 of the draft).

C. In the case of a helicopter for which 40 years have passed since its production date, the effective period of the airworthiness certificate is shortened to 6 months. (Article 41 of the draft)

D. The proposed revision specifies the procedure for accepting (review) the flight qualification by assigning the right of the flight qualification reviewers and the delegated reviewers for designation as directors of local aviation offices so that the directors of local aviation offices may effectively perform the delegated work, including the acceptance of flight qualifications (review), etc. (Article 140, Article 141, Articles 144 through 146, and Articles 148 through 157 of the draft)

E. Pilot compliance is added so that pilots shall fly higher than designated safe altitude (OCA: Obstacle Clearance Altitude) with application of possible lowest flight altitude [Decision Altitude (DH) or Minimum Descent Altitude (MDA)] (Article 181 (1) of the draft).

F. The proposed revision specifies the relevant work procedures so that the heads of regional aviation offices and those who have acquired an air traffic service certification may effectively perform delegated work, such as receiving and granting applications for flight permits below the minimum flight altitude. (Articles 200 through 202, Article 206 (1), Article 206 (2), Article 222, Article 248 (3), Article 256, and Articles 308 (2) through 308 (4) of the draft)

G. Persons who have acquired the military air traffic controller qualification to provide air traffic control services at military airfields in accordance with the Act on the Operation, etc. of Military Aircraft are permitted to provide air traffic control services without being restricted from air traffic control services, as determined by the Minister of Land, Infrastructure and Transport. (Article 225 (1) 3 of the draft)

H. The proposed revision adds Obstacle Clearance Altitude (OCA) to the types of aviation information (Article 255 (1) 4 of the draft).

I. In order to reasonably adjust the content and time of training of helicopters included in the Standards on designation of flight courses of professional training institutions to cultivate aircraft mechanics, they are adjusted to helicopter training courses and aircraft training courses are strengthened with reflection of content and time of training necessary for aircraft training courses instead of the content and time of training adjusted to helicopter courses (Appendix 12 of the draft).

J. The proposed revision specifies and clarifies the hitherto unclear conditions for reducing safety certification fees for light aircraft and ultra-light aircraft (Appendix 47 of the draft).