Reasons for Proposal
The current Act requires physicians professionally trained in aviation medicine (“aviation medical examiners”) to conduct aviation medical certification and state that aircrew members and air traffic controllers who do not meet aviation medical certification criteria should not do any aviation work even if the effective period of their previous aviation medical certification has not expired.
Nonetheless, some claim that there are loopholes in the system because there is an insufficient basis to identify whether aircrew members and air traffic controllers meet aviation medical certification criteria during the effective period of their certification and punishment provisions for obtaining aviation medical certification in an unfair way are not effective enough.
In addition, while aviation medical examiners conduct aviation medical certification on airmen/women, have a substantial influence on aviation safety, and process sensitive information about an individual’s body and health, there is a lack of punishment provisions as there is no provision that defines their obligations to submit documentation or maintain confidentiality.
In this regard, this Act aims to insert new obligations for aviation medical examiners to submit documentation and maintain confidentiality, and obligate those with aviation medical certification to report any deterioration in their physical condition, and thereby supplement shortcomings in the system.
Details
A. Clarify the scope of those selected to receive aviation medical certification and types of certifications of competence subject to suspension (Article 40, paragraph 4 and Article 43, paragraph 1).
B. Obligate those with aviation medical certification to report any deterioration in their physical condition to the Minister of Land, Infrastructure and Transport and allow for suspending or canceling certifications of competence for failing to report the foregoing (Article 42 and Article 43, paragraph 1, subparagraph 8-2).
C. Ban those with aviation medical certification or certification of competence from receiving a test, review, or examination for 2 years from the date they are found to cheat on a test, review, or examination (Article 43, paragraph 4).
D. Include aviation medical examiners and their affiliated medical institutions among those required by the Minister of Land, Infrastructure and Transport to report their work or submit documentation to ensure aviation safety (Article 132).
E. Ban disclosure to others or use for purposes other than occupational ones any personal information or secrets such as medical records obtained during the course of conducting certification of competence or aviation medical certification and insert a new punishment provision for any violation of the foregoing (Article 136-2).
