AVIATION SAFETY AND SECURITY ACT. [Effective Sep. 23, 2010] [Act No , March 22, 2010, partially amended]

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1 The English version is translated and uploaded only for the purpose of no other than PR, and thereby, Aviation Safety and Security Act in the Korean language will prevail regarding authorization and permission AVIATION SAFETY AND SECURITY ACT [Effective Sep. 23, 2010] [Act No , March 22, 2010, partially amended] The Ministry of Land, Transport and Maritime Affairs (Aviation Security Team of the Aviation Safety Center) CHAPTER I GENERAL PROVISIONS[AMENDED MAR. 22, 2010] Article 1 (Purpose) The purpose of this Act is to provide for such criteria, procedures, obligations, etc. as may be necessary to prevent unlawful acts within airport facilities, navigational safety facilities, and aircraft and to ensure the safety and security of civil aviation in accordance with the Convention on International Civil Aviation and any other international agreements. Article 2 (Definitions) The terms as used in this Act shall be defined as follows. Provided, Except otherwise provided by this Act, the Aviation Act shall apply:

2 1. The term in flight means the status maintained by an aircraft from the point when its doors are all closed following boarding by passengers until the doors are opened to allow the passengers to disembark. 2. The term airport operator means any operator falling under each of the followins: a) The Incheon International Airport Corporation established pursuant to the Incheon International Airport Corporation Act b) The Korea Airports Corporation established pursuant to the Korea Airports Corporation Act. c) Any person who has been granted the right to manage airport facilities under Article of the Aviation Act. d) Any other operator designated and announced publicly by the Minister of Land, Transport and Maritime Affairs. 3. The term air carrier means any domestic or international air carrier as licensed under Article 112 of the Aviation Act, any small air carrier as registered under Article 132 of the same Act, or any foreign international air carrier as permitted under Article 147 of the same Act. 4. The term aircraft-handling company means any business entity registered as an aircraft-handling service provider under the provisions of Article 137 of the Aviation Act. 5. The term aircraft maintenance company means any business entity registered as an aircraft maintenance service provider under the provisions of Article of the Aviation Act. 6. The term airport tenant means any natural or juristic person maintaining a facilities use contract with the airport operator for the purpose of running a commercial operation at the airport. 7. The term aviation security agent means any judicial police officer or any person so designated by an air carrier, whose duties shall be to prevent any act of disrupting the order and safety within an aircraft.

3 8. The term act of unlawful interference means any act threatening to impair the safe operation of an aircraft or rendering its operation impossible that falls under any of the following: (a) any act of attempting to hijack or hijacking an aircraft on the ground or in flight; (b) any act of holding passengers hostage in an aircraft or an airport; (c) any act of damaging and destroying the airport, aircraft or navigational safety facilities; (d) any act of unauthorized access to or impediment of the operation of aircraft, airport or secure area (hereinafter referred to as the secure area ) under Article 12 of the Act; (e) any act of loading hazardous items such as weapons, etc. under Article 21 of the Act on an aircraft or into a secure area for the purpose of commiting a crime. (f) any act of furnishing false information that threatens the safety of aircraft on the ground or in flight or any act of the furnishing false inforamtioan that threatens the safety of passengers, cabin crews and ground cabin crew members in an airport and an airport facilities; or (g) any other act subject to punishment under this Act. 9. The term security screening means an act performed to detect and search for any weapon or explosive substance that may be used to commit any act of unlawful interference or any other potentially dangerous items. 10. The term aviation security screening personnel means any person who undergoes security screening on passengers, carry-on baggage, checked baggage, air cargoes and persons who desire to enter a security restricted area. Article 3 (Compliance With International Agreements) (1) In order to ensure the safety and security of civil aviation, the following international agreements shall be complied with, except as provided in this Act: 1. the Convention on Offences and Certain Other Acts Committed on Board Aircraft;

4 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) If there are any international agreements on aviation safety and security other than the international agreements under the provisions of paragraph (1), such agreements shall be complied with. Article 4 (Duty of State) The Minister of Land, Transport and Maritime Affairs shall perform, inter alia, the following duties: the development of plans for the safety and security of civil aviation; the maintenance of collaborative systems with relevant administrative agencies, the approval of and the inspection of the execution of safety and security plans of, inter alios, airport operators, air carriers, aircraft-handling companies, aircraft maintenance companies, airport tenants, and air passenger and cargo terminal operators; and the development of aviation safety and security training plans. Article 5 (Obligation of Airport Operators et al. to Cooperate) Airport operators, air carriers, aircraft-handling companies, aircraft maintenance companies, airport tenants, air passenger and cargo terminal operators, airport users, and any other persons as prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs, shall cooperate with the State in implementing its policy steps to ensure aviation safety and security.

5 Article 6 (Establishment, Operation, etc. of Aviation Safety Organization) Notwithstanding the provisions of Articles 2 through 4 of the Government Organization Act, the Minister of Land, Transport and Maritime Affairs may establish and operate, apart from and in addition to any organizations established by central administrative agencies, an organization dedicated to the activities regarding aviation safety, aviation technology, etc. under this Act or the Aviation Act. CHAPTER II AVIATION SAFETY COUNCIL ET AL. Article 7 (National Civil Security Committee) (1) In order to consult on the following matters concerning aviation safety and security, the National Civil Security Committee shall be established under the Ministry of Land, Transport and Maritime Affairs: 1. consultation on plans for aviation safety and security; 2. collaboration among relevant administrative agencies; 3. consultation on the approval of implementation plans for aviation safety and security under Article 10 (2); and 4. any such other matters as deemed necessary by the head of the council to ensure aviation safety and security. (2) The Presidential Decree shall prescribe matters concerning, inter alia, the organization and operation of the National Civil Security Committee, and a person or an organization who will receive a approval of its security plan. Article 8 (Airport Operational Safety Council) (1) The head of a regional aviation administration shall establish an Airport Operational Safety Council for each airport under its jurisdiction in order to consult on matters concerning aviation safety and security.

6 (2) The Presidential Decree shall prescribe matters concerning, inter alia, the organization, duties, and operation of the Airport Operational Safety Council. Article 9 (Aviation Safety and Security Master Plan) (1) The Minister of Land, Transport and Maritime Affairs shall develop a master plan for aviation safety and security (hereinafter referred to as a master plan ) and notify the contents of the master plan to airport operators, air carriers, aircraft-handling companies, aircraft maintenance cimpanies, airport tenants, airport passenger and cargo terminal operators and other persons prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs (hereinafter referred to as the airport operator, etc. (2) The master plan shall include the comprehensive and long-term course of action with respect to aviation safety and security. (3) The establishment of the master plan shall require consultation with relevant administrative agencies. Article 10 (Establishment of National Civil Aviation Security Programme,etc.) (1) The Minister of Land, Transport and Maritime Affairs shall establish and implement the national civil aviation security programme to perform the duties for airport safety and security. (2) Airport operator, etc. shall obtain approval from the Minister of Land, Transport and Maritime Affairs when intending to establish its own security plan or alter its existing security plan under the national civil aviation security programme of paragraph (1). Provided, That this shall not apply in a case where he/she alters insignificant matters as prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. (3) Necessary matters regarding details and establishment procedures of the national civil aviation security programme and airport operator, etc. s own security plan under

7 paragraphs (1) and (2) shall be prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. CHAPTER III SECURITY OF AIRPORTS, AIRCRAFT, ETC. Article 11 (Safety and Security of Airport Facilities etc.) (1) The airport operator shall take such measures as may be necessary for the safety and security of airport facilities and navigational safety facilities. (2) The airport operator shall develop and implement measures to prevent any contact between the passengers who have passed security screening and those who have not. (3) Standards for protecting persons and facilities, etc from acts of unlawful interferences when an airport is constructed, maintained or repaired shall be determined by the Minister of Land, Transport and Maritime Affairs. Article 12 (Designation of Secure Areas for Airport Facilities) (1) The airport operator shall designate, as secure areas, security screened areas and any such areas as may be necessary to protect runways, aprons, and other airport facilities after obtaining approval thereof from the Minister of Land, Transport and Maritime Affairs. (2) The airport operator may, if deemed necessary, designate any temporary secure areas after obtaining approval thereof from the Minister of Land, Transport and Maritime Affairs. (3) The Ordinance of the Ministry of Land, Transport and Maritime Affairs shall prescribe matters concerning the criteria for designating secure areas and the revocation thereof under the provisions of paragraphs (1) and (2).

8 Article 13 (Permission for Access to Secure areas) (1) Any of the following persons may enter secure areas with the permission of the airport operator: 1. any person performing his or her duties in airport facilities etc. situated within secure areas on a regular basis; 2. any person who is required to perform his or her duties within secure areas for the purpose of the construction of an airport, the maintenance of airport facilities, or any other purposes similar thereto; or 3. any other person whose access to secure areas is deemed necessary to allow such person to perform his or her duties. (2) The Ordinance of the Ministry of Land, Transport and Maritime Affairs shall prescribe such matters concerning, inter alia, the procedures for granting the permission under paragraph (1). Article 14 (Safety of Passengers and Security of Aircraft) (1) Any air carrier shall take such measures as may be necessary to ensure the safety of passengers and the security of aircraft. (2) Any air carrier shall cause aviation security agents board any and all aircraft with passengers aboard. (3) Any air carrier shall take measures to enhance the safety of aircraft, such as improved security for cockpit doors and restricting the access of persons without permission to the cockpit of aircraft in flight, etc. as prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. (4) Any air carrier shall inspect the security of aircraft before every flight. In this case, any detailed matters regarding security inspection shall be prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. (5) Any airport operator and air carrier shall take such measures as necessary to ensure that none of prohibited materials, such liquids and gels are loaded onto an

9 aircraft designated and announced publicly by the Minister of Land, Transport and Maritime Affairs. (6) Any air carrier or aircraft owner may, if deemed necessary to ensure the safety of aircraft, assign aircraft security duties to private police officers under the Police Assigned for Special Guard Act or special security guards under the Security Industry Act. Article 15 (Security Screening of Passengers et al.) (1) Any person who is to board aircraft shall undergo security screening and allow his or her carry-on baggage, and checked baggage to undergo security screening as well. (2) The airport operator shall perform security scans on the persons who are to board aircraft as well as carry-on baggage and checked baggage, and the air carrier shall perform such scans on cargo; provided, however, that the chief of the competent state police agency may, if necessary for criminal investigation or the prevention of danger to the public, request for certain security screening measures, which request the airport operator or the air carrier may not deny without just cause. (3) The airport operator or the air carrier may either have its own staff perform the security scans under the provisions of paragraph (2), or commission, any person intending to engage in security services under Article 4 (1) of the Security Industry Act who is recommended by the airport operator or the air carrier and designated by the Minister of Land, Transport and Maritime Affairs under the provisions of paragraph (6), to perform such scans. (4) The airport operator may appropriate part of the rent under the provisions of Article 86 of the Aviation Act for the cost incurred in connection with security screening under paragraph (2). (5) The Presidential Decree shall prescribe such matters as may be necessary for, inter alia, the methods and procedures for and the exemption from the security screening under the provisions of paragraph (2).

10 (6) Any person intending to be commissioned to perform security screening under the provisions of paragraph (3), shall be designated as such by the Minister of Land, Transport and Maritime Affairs. In which case, matters concerning the criteria for such designation or the revocation thereof shall be prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. Article 16 (Security Screening of Non-Passengers et al.) (1) The airport operator shall perform security screening of any person or item that enters secure areas after obtaining permission therefor under the provisions of Article 13 (1) as well. In this case, the provisions of Article 15 (5) shall be applicable mutatis mutandis to such security screening. (2) Notwithstanding the provision of paragraph (1), the cargo terminal operator shall perform security screening of any person or item entering a designated secure area within an airport cargo terminal. In this case, the provisions of Article 15 (5) shall be applicable mutatis mutandis to such security screening. Article 17 (Security Screening etc. of Transit Passengers or Transfer Passengers) (1) The air carrier shall cause transit passengers or transfer passengers to disembark its aircraft with their carry-on baggage when the aircraft has arrived at an airport. (2) The airport operator shall perform security screening of the transit passengers or transfer passengers who have disembarked the aircraft under the provisions of paragraph (1) and of their carry-on baggage. (3) The costs and expenses incurred in connection with the security screening under the provisions of paragraph (2) shall be borne by the airport operator, and the air carrier shall provide the airport operator with the routing information for transit passengers and transfer passengers. (4) The Minister of Land, Transport and Maritime Affairs shall prescribe the details concerning, inter alia, the provision of routing information under paragraph (3).

11 (5) The provisions of the proviso of Articles 15 (2) and paragraphs (3) through (6) shall be applicable mutatis mutandis to the security screening of transit passengers or transfer passengers and their carry-on baggage. Article 17-2 (Known-Shipper) (1) The Minister of Land, Transport and Maritime Affairs may designate a shipper or a person who packs, keeps and transports air cargoes in compliance with the standards such as screening equipment and aviation security screening personnel, etc. prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs to perform security screening of air cargoes and mails. (2) The Minister of Land, Transport and Maritime Affairs shall determine and publicly announce the criteria for air cargo security, such as procedures for air cargo security control, etc. which a person designated under paragraph (1) (hereinafter referred to as the known-shipper shall comply with. (3) The air carrier may not perform security screening of air cargoes and mails that already were undergone security screening by a known-shipper. (4) Other necessary matters such as designation procedures of a known-shipper, etc, will be prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. [This Article Newly Inserted Mar. 22, 2010] Article 17-3 (Revocation of Designation of Known-Shipper) (1) The Minister of Land, Transport, and Maritime Affairs may revoke the designation of a known-shipper upon the occurrence of any of the following events: 1. When a known-shipper fails to meet the criteria of designation as described by the provisions of Article 17-2 (1); 2. When a known-shipper performs its duties in violation of the criteria for air cargo security under Article 17-2 (2); (2) When any of the events of paragraph (1) occurs, the Minister of Land, Transport and Maritime Affairs shall notify the air carrier of it without delay and take any measures for the relevant air carrier to perform security screening.

12 (3) Necessary matters regarding revocation procedures of a known-shipper designation shall be prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. [This Article Newly Inserted Mar. 22, 2010] Article 18 (Control of In-Flight Meals etc.) (1) The air carrier shall take such measures as may be necessary to prevent hazardous items under the provisions of Article 21 from being carried onto aircraft under the guise of in-flight meals or cabin supplies. (2) Details on the control over the loading of in-flight meals and cabin supplies on aircraft shall be prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. Article 19 (Countermeasures Against Failure of Security Screening etc.) (1) The airport operator, the air carrier or the air cargo terminal operator shall immediately notify the Minister of Land, Transport and Maritime Affairs of the occurrence, if any, of any the following events: 1. where it is discovered that security screening has been performed inadequately or with dysfunctional scanning equipment; 2. where any unauthorized person or item entered secure areas; or 3. any such other events as being likely to endanger aviation safety and security as prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. (2) Upon the receipt of the notice under paragraph (1), the Minister of Land, Transport and Maritime Affairs shall promptly inform the relevant agency of the country in which the relevant aircraft is scheduled to land thereof. (3) Upon being informed by another country of any of the events as set forth in the subparagraphs of paragraph (1), the Minister of Land, Transport and Maritime Affairs shall have the aircraft in question taxi to an isolated apron and then conduct security screening thereof and take other safety measures.

13 Article 20 (Procedures for Safe and Secure Management of Flight Documents) (1) The air carrier shall develop and implement measures to manage the safety and security of boarding passes, baggage tags, and other flight documents. (2) The Ordinance of the Ministry of Land, Transport and Maritime Affairs shall prescribe the details for the maintenance of the safety and security of flight documents. CHAPTER 4. SAFETY AND SECURITY IN AIRCRAFT Article 21 (Hazardous and Prohibited Items such as Weapons, etc.) (1) No weapons (including, but not limited to, anthrax bacteria, smallpox virus, and other biochemical weapons), knives, swords, explosives, toxic chemicals, or highly flammable items, etc. designated by the Minister of Land, Transport and Maritime Affairs shall not carried or loaded onto an aircraft. (2) Notwithstanding paragraph (1), such carrying or loading of weapons prescribed by the Presidential Decree is permitted by the Minister of Land, Transport and Maritime Affairs, intended to perform specific duties such as guading, and escorting of criminals, etc. prescribed by the Prsidential Decree. (3) Any person intending to carry weapons or other items onto an aircraft under the proviso of paragraph (1) shall leave the said items in the custody of the captain of the aircraft prior to boarding and claim the same after arriving at the destination, except where Article 14 (2) is applicable. (4) Any person or air carrier with foreign nationality that performs the duties for aviation safety and security carrying and loading the weapons under paragraph (2) onto an aircraft shall obtain permission from the Minister of Land, Transport and Maritime Affairs in advance before the departure of the aircraft.

14 (5) Necessary matters concerning permission procedures for carrying and loading weapons onto an aircraft, etc. under paragraph (2) and (4) shall be determined by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. Article 22 (Authority of Captain, et al.) (1) The pilot-in-command of an aircraft or any aircrew member authorized by the pilot-in-command (hereinafter referred to as the pilot-in-command et al. ), or any employee of the air carrier providing passenger boarding services who is requested by the pilot-in-command to render assistance, may take such measures as may be necessary to prevent any person attempting any of the following acts 1. act of undermining the safety of the aircraft; 2. act of endangering lives, damaging property, 3. act of disrupting order in the cabin, or violating the rules of the cabin, from committing such act. (2) Any person aboard an aircraft shall comply with the request of the pilot-incommand et al., if any, with respect to the measures under the provisions of paragraph (1). (3) If any person having committed any act as set forth in paragraph (1) was arrested and subsequently the aircraft landed, the aircraft shall not take off with the person as arrested aboard unless the arrested person agrees to stay arrested aboard the aircraft or there exist circumstances that make it impossible to allow the arrested person to disembark. (4) Any aircrew member authorized by the pilot-in-command, or any employee of the air carrier providing passenger boarding services who is requested by the pilot-incommand to render assistance, shall be directed by the pilot-in-command in implementing such measures as set forth in paragraph (1). Article 23 (Obligation of Passengers to Cooperate in Maintaining Safety)

15 (1) In order to ensure the safe flight and travel of the aircraft and passengers, no passenger aboard shall engage in any of the following acts: 1. abusive language, loud singing, or any other disturbances; 2. smoking (except in smoking areas); 3. any act of causing harm to others under the influence of alcohol or drugs; 4. any act of subjecting others to sexual embarrassment; or 5. any act of using electronic devices in violation of Article 61-2 of the Aviation Act; 6. any act of attempting to enter the cockpit without the approval of the pilot-incommand. (2) No passenger shall engage in any act of violence, intimidation, or deception undermining the safety or operation of the aircraft, or operate cabin doors, emergency exits or other devices similar thereto. (3) No passenger shall occupy an aircraft or stage a sit-in in the aircraft while refusing to disembark the aircraft after the aircraft lands. (4) Any passenger aboard an aircraft shall comply with legitimate instructions given by the pilot-in-command et al. that prohibit any act of impeding the safety or operation of the aircraft. (5) The air carrier shall have in place such measures as may be necessary to mitigate the inconvenience experienced by passengers due to smoking and other restrictions placed to ensure the safe flight and travel of aircraft and passengers. (6) The pilot-in-command et al. shall use efforts to warn against and thereby prevent in advance any actual or threatened act set forth in paragraphs (1) 1 through (1) 5. (7) The airport operator may refuse to allow any of the following person to board an aircraft: 1. any person refusing to undergo security screening under Article 15 or 17; 2. any person who causes or threatens to cause disturbances due to being under the influence of alcohol;

16 3. any person for whom any state agency of any country or any international organization in charge of activities relating to aviation safety and security has requested or required denial of boarding due to threatened impairment of safe aircraft operation by such person; or 4. any other person who threatens to impair safe aircraft operation as prescribed by the Ordinance of Ministry of Land, Transport and Maritime Affairs. (8) Any person shall not disrupt aviation security screening personnel who are performing their duties or persons who restrict the access to security restricted areas, or cause injury to them through violent acts, etc. Article 24 (Transportation of Prison Inmates et al.) (1) Any judicial police officer or law enforcement official who intends to transport, by air, any suspect, defendant, prison inmate, or any other person threatening to undermine the safety of an aircraft (hereinafter in this Article referred to as a transportee ), shall notify, in advance, the relevant air carrier thereof. (2) The notification paragraph (1) shall include matters concerning, inter alia, the identity of the transportee, the reason for transportation, manners of transportation, and safety measures. (3) The air carrier in the receipt of the notification under paragraph (1) may request the judicial police officer or law enforcement official to take appropriate safety measures if the transportee is deemed to pose a threat to the safety of aircraft, crew or passengers. (4) The Ordinance of the Ministry of Land, Transport and Maritime Affairs shall prescribe matters concerning, inter alia, the measures and procedures with respect to, inter alia, the manners of transportation and transportation conditions for the transportee. Article 25 (Handover of Offender)

17 (1) The pilot-in-command et al. shall, in handing over an offender who committed a crime aboard an aircraft, hand over the offender, either personally or via public official of the relevant agency, to the state police agency exercising jurisdiction over the airport. (2) If the pilot-in-command et al. who took over an offender is unable to detain the offender aboard the aircraft, such pilot-in-command et al. shall promptly hand over the offender, either personally or via public official of the relevant agency, to the state police agency exercising jurisdiction over the airport. (3) The chief of the state police agency who took over an offender under the provisions of paragraphs (1) and (2) shall promptly notify the applicable air carrier of the results of his or her disposal of the offender. Article 26 (Preliminary Investigation) (1) Upon taking over an offender under the provisions of Articles 25 (1) and (2), the chief of the state police agency may interrogate the offender with respect to the offense, require the submission of evidence, obtain witness statements, and/or otherwise conduct a preliminary investigation. (2) The chief of the state police agency shall not unduly delay the operation of the relevant aircraft for the purpose of the preliminary investigation under the provisions of paragraph (1). CHAPTER V AVIATION SAFETY AND SECURITY EQUIPMENT ETC. Article 27 (Aviation Safety and Security Equipment) (1) Airport operators, air carriers, air cargo terminal operator and known-shipper shall use such aviation safety and security equipment as published by the Minister of Land, Transport and Maritime Affairs.

18 (2) The Minister of Land, Transport and Maritime Affairs shall prescribe and publish the criteria for the types, performance, operating methods, etc. of aviation safety and security equipment. Article 28 (Training etc.) (1) The Minister of Land, Transport and Maritime Affairs shall determine necessary matters for the education for anyone who is in charge of aviation safety and security education. (2) Any person supervising or performing security screening shall complete training courses in screening methods, screening procedures, the operation of scanning equipment, and other subjects as may be necessary for security screening at a training institution designated by the Minister of Land, Transport and Maritime Affairs. (3) The Ordinance of the Ministry of Land, Transport and Maritime Affairs shall prescribe the criteria for designation such as the facilities, equipment, personnel, etc. that any person seeking designation as a training institution under paragraph (2) is required to maintain. (4) If any person designated as a training institution falls under any of the following cases, the Minister of Land, Transport and Maritime Affairs may revoke such designation; provided, however, that such revocation shall be mandatory in the case of subparagraph 1: 1. where such person has made misrepresentation or committed any other deceptive practice to obtain designation as a training institution; 2. where such person fails to meet the designation criteria as set forth in paragraph (3) unless such failure is temporary and the designation criteria is met within three months thereof; or 3. where such person has not operated any of the training courses for two years or more. (4) The Ordinance of the Ministry of Land, Transport and Maritime Affairs shall prescribe matters concerning training courses and the designation of training institutions.

19 Article 29 (Maintenance of Screening Records) The airport operator, the air carrier and/or any security screening service provider so commissioned shall keep and maintain records of the duties of security screening personnel, on-the-job training, and other matters regarding security screening, as prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. CHAPTER 6. RESPONSE TO THREAT TO AVIATION SAFETY Article 30 (Provision of Information on Threat to Aviation Safety) (1) Upon the acquisition of information on any threat to aviation safety, the Minister of Land, Transport and Maritime Affairs shall provide such information to relevant administrative agencies, ICAO, relevant agencies of the country of registration and the aircraft owner. (2) Matters concerning information provision procedures and cooperation, etc. under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. Article 31 (Development of contingency Plans) (1) In order to properly respond to unlawful acts posing a threat to the safety and security for civil aviation, the airport operator et al. shall develop an contingency plan including, inter alia, operational guidelines, the building of a communications network, and training.

20 (2) If an contingency plan is developed under the provisions of paragraph (1), approval thereof shall be obtained from the Minister of Land, Transport and Maritime Affairs. (3) The Ordinance of the Ministry of Land, Transport and Maritime Affairs shall prescribe matters concerning, inter alia, specific substance of the contingency plan under the provisions of paragraphs (1) and (2), development criteria therefor, and procedures for approving such plan. Article 32 (Safety Measures) If prompt responses are required against any threat to civil aviation, the Minister of Land, Transport and Maritime Affairs may take necessary measures for the airport operator et al. Article 33 (Inspections, Field Surveys, etc.) (1) The Minister of Land, Transport and Maritime Affairs may designate any public official holding a position with the Ministry of Land, Transport and Maritime Affairs as an aviation security supervisor and shall cause such supervisor to conduct inspections for aviation safety and security. (2) The Minister of Land, Transport and Maritime Affairs may, where prescribed by the Presidential Decree, conduct joint field inspections with relevant administrative agencies of how the airport and aircraft are protected, and order the airport operator et al. to take corrective and other protective measures. (3) Where an inspection is conducted under the provisions of paragraph (1) or (2), an inspection plan specifying, inter alia, its date and time, the reason therefor, and other details shall be communicated to those who are subject to the inspection no later than seven days prior to the inspection, except where urgency is required or it is deemed that the object of the inspection may not be achieved due to the possible destruction of evidence or otherwise if a prior notice is given. (4) Any aviation security inspector may, if necessary, enter and and inspect the aircraft and airport facilities to conduct inspection on aviation safety and security.

21 (5) Any public official conducting inspections under the provisions of paragraph (1), (2) and (4) shall present to applicable persons a document certifying his or her authority to do so. (6) The Ordinance of the Ministry of Land, Transport and Maritime Affairs shall prescribe matters concerning the designation and operation of the aviation security inspector program and inspections under the provisions of paragraph (1). CHAPTER VII SUPPLEMENTARY PROVISIONS Article 34 (Financial Aid) The State may, within budgetary constraints, subsidize the cost incurred in connection with the performance of aviation safety and security duties. Article 35 Supervision The Minister of Land, Transport and Maritime Affairs may issue corrective orders and/or take other necessary measures against any act committed in contravention of this Act or any order issued or any decision rendered under this Act. Article 36 (Remedy for Damage Associated With Use of Aircraft)

22 (1) With respect to the failure of or delay in transportation arising out of an air carrier's willful misconduct or gross negligence, any passenger may, personally or through a filing office for remedy for damage associated with the use of aircraft under the provisions of paragraph (2), file for remedy for damage with the Korea Consumer Agency (hereinafter referred to as the KCA ) established pursuant to the Framework Act on Consumers unless such damage was caused due to weather conditions, circumstances on the part of the airport, connecting flight issues, unexpected repairs performed for safe operation, and other force majeure events. (2) The air carrier shall establish and maintain a filing office for remedy for damage associated with the use of aircraft at the airport in order to receive applications for remedy for damage under the provisions of paragraph (1). (3) The air carrier shall forward any applications received under the provisions of paragraph (1) to the KCA within five days. (4) The Ordinance of the Ministry of Land, Transport and Maritime Affairs shall prescribe matters concerning, inter alia, the establishment and operation of the filing office for remedy for damage associated with the use of aircraft at the airport and the procedures for processing applications. Article 37 (Hearing) The Minister of Land, Transport and Maritime Affairs shall, when intending to render a revocation decision falling under any of the following, hold a hearing: 1. the revocation of the designation of a business commissioned under Article 15 (6); or 2. the revocation of the designation of a training institution under Article 28 (3). Article 38 (Delegation or Devolution of Authority) (1) The authority of the Minister of Land, Transport and Maritime Affairs under this Act may be delegated in part to the head of the aviation safety organization as prescribed by the Presidential Decree.

23 (2) The authority of the Minister of Land, Transport and Maritime Affairs under this Act may be delegated in part to other administrative agencies or any person who is not an administrative agency as prescribed by the Presidential Decree. CHAPTER VIII PENAL PROVISIONS Article 39 (Criminal Damage to Aircraft) (1) Any person who has caused damage to an aircraft in flight to the extent that such damage impairs its safety (excluding any person falling under Article 157 (1) of the Aviation Act) shall be punished by death or by imprisonment for life or for not less than five years. (2) Any person who has caused damage to any parked aircraft to the extent that such damage impairs its safety shall be punished by imprisonment for not more than seven years. Article 40 (Aircraft Hijacking etc.) (1) Any person who has hijacked any aircraft or forced its flight by means of violence, intimidation, or other means shall be punished by imprisonment for life or for not less than seven years. (2) Any person who has killed or injured any other person by committing the crime as set forth in paragraph (1) shall be punished by death or life imprisonment. (3) Any person who has attempted the crime as set forth in paragraph (1) or (2) shall be punished. (4) Any person who has prepared or conspired to commit the crime as set forth in paragraph (1) or (2) shall be punished by imprisonment for not more than five years; provided, however, that any person who surrenders oneself to justice prior to the commission of his or her intended crime may have his or her punishment mitigated or remitted.

24 Article 41 (Criminal Damage to Aviation Facilities) Any person who has impaired safe aircraft operations by causing damage to aviation facilities related to aircraft operation or by impeding the operation of such 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 two years. Article 42 (Deviation of Air Routes) Any person who has impeded a normal flight of any aircraft by causing the deviation of its air route in flight through deceptive or forcible means shall be punished by imprisonment for not less than one year but not more than ten years. Article 43 (Obstruction of Duties) Any person who has impaired the safety of any aircraft and its passengers by obstructing the pilot-in-command et al. in the performance of their legitimate duties by means of violence, intimidation, or deception shall be punished by imprisonment for not more than ten years. Article 44 (Introduction of Dangerous Items Onto Aircraft) Any person who has carried or loaded dangerous items onto aircraft or caused any other person to do so in violation of Article 21 shall be punished by imprisonment for not less than two years but not more than five years.

25 Article 45 (Impairment of Airport Operation) Any person who has impaired airport operation by spreading false information or by using violence, intimidation and/or deception shall be punished by imprisonment for not more than five years or by a fine not exceeding thirty million won. Article 46 (Assault Undermining Safe Aircraft Operation etc.) Any person who has violated the provisions of Article 23 (2) shall be punished by imprisonment for not more than five years. Article 47 (Occupying or Staging Sit-In in Aircraft) Any person who has occupied or staged sit-in in an aircraft in violation with Article 23 (3) shall be punished by imprisonment for not more than three years or by a fine not exceeding twenty million won. Article 48 (Provision of Information Impeding Aircraft Operation) Any person who has provided false information for the purpose of impeding aircraft operation shall be punished by imprisonment for not more than three years or by a fine not exceeding twenty million won. Article 49 (Penal Provisions) Any person who has attempted to enter an cockpit violating the provisions of Article 23 (1) 6 or has not complied with the orders of pilot-in-command in violation of Article 23 (4) shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won.

26 Article 50 (Penal Provisions) (1) Any person falling under any of the following shall be punished by a fine not exceeding ten million won: 1. any person who has failed to develop an implementation plan or to obtain approval thereof in violation of the provisions of Article 10 (2); 2. any person who has failed to perform or neglected security screening in violation of the provisions of Article 15 or 17 (2); 3. any person who disrupts security screening performed by aviation security screening personnel in violation of Article 23 (8); 4. any person who has failed to comply with safety measures in violation of the provisions of Article 32; 5. any person who has failed to implement improved security measures in violation of the provisions of Article 33 (2); or 6. any person who has failed to comply with corrective orders or to implement other measures in violation of the provisions of Article 35. (2) Any person who has violated the provisions of Articles 23 (1) 1 through 23 (1) 5 within an aircraft in flight despite prior warnings from the pilot-in-command et al. shall be punished by a fine not exceeding five million won. (3) Any person who has violated the provisions of Articles 23 (1) 1 through 23 (1) 5 within a parked aircraft despite prior warnings from the pilot-in-command et al. shall be punished by a fine not exceeding two million won. (4) Any person who has made unauthorized entry into a secure area in violation of the provisions of Article 13 (1) shall be punished by a fine not exceeding one million won. Article 51 (Civil Penalty) (1) Any person falling under any of the following shall be punished by a civil penalty not exceeding ten million won:

27 1. any air carrier who has failed to take measures to cause transit passengers or transfer passengers to disembark with their carry-on baggage in violation of Article 17 (1); or 2. any person who has failed to perform his or her obligation of maintaining security screening records in violation of the provisions of Article 29. (2) any person who has failed to disembark with his or her carry-on baggage despite the instructions given by the air carrier under Article 17 (1) shall be punished by a civil penalty not exceeding one million won. (3) The civil penalties under paragraphs (1) and (2) shall be imposed and collected by the Minister of Land, Transport and Maritime Affairs. ADDENDA <Aviation Act> <Act No. 9780, June 9, 2009> Article 1 (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. <Proviso omitted.> Articles 2 through 10 omitted. Article 11 (Amendment of Other Laws) Paragraphs (1) through (17) omitted. (18) The Aviation Safety and Security Act shall be amended in part as follows: In Article 2 (3), the words any domestic or international air carrier as licensed under Article 112 of the Aviation Act, any small air carrier as registered under Article 132 of the same Act, or under Article 147 of the same Act shall be substituted for any regular air carrier as licensed under the provisions of Article 112 of the Aviation Act,

28 any irregular air carrier as registered under the provisions of Article 132 of the same Act, or under the provisions of Article 147 of the same Act. In Article 11 (1), the words under subparagraphs 8 and 17 of Article 2 of the Aviation Act shall be substituted for under the provisions of subparagraphs 6 and 16 of Article 2 of the Aviation Act. (19) Omitted. Article 12 omitted. ADDENDA <ACT NO , MARCH 22, 2010> (1) (Enforcement Date) This Act will enter into force six months after the date of its promulgation (2) (Transitional Measures) The implementation plan for aviation safety and security developed by operator, etc. and approved by the Minister of Land, Transport and Maritime Affairs under the provisions of the Act prior to the enforcement of this Act shall be considered to have been developed and approved under the revised provisions of Article 10 (2).