国内政策【切换】 国际政策

AEROSPACE INDUSTRY DEVELOPMENT PROMOTION ACT [Enforcement Date 06. Mar, 1993.]

AEROSPACE INDUSTRY DEVELOPMENT PROMOTION ACT

[Enforcement Date 06. Mar, 1993.] [Act No.4541, 06. Mar, 1993., Amendment by Other Act]

Ministry of Trade, Industry and Energy (Automotive Aviation Division) , 044-203-4307

Article 1 (Purpose)

The purpose of this Act is to contribute to the sound development of the national economy and the improvement of national life by supporting and promoting rationally the aerospace industry and researching and developing efficiently aerospace science and technology.

Article 2 (Definitions)

For the purpose of this Act,  <Amended by Act No. 4541, Mar. 6, 1993>

1. the term “aerospace industry” means a business producing aircraft, spacecrafts, related sub-systems or related materials (including to manufacture, process, assemble, overhaul, modify or repair them, but excluding such work as conducted by an operator in need of flight, such as maintenance, repair, modification, etc. of aircraft under the Aviation Act; hereinafter the same shall apply), and application services using aircraft, and spacecrafts under the conditions as prescribed by the Ordinance of the Ministry of Trade, Industry and Energy (excluding air transportation business and aircraft-using business under the Aviation Act);

2. the term “aircraft” means aircraft, rotorcraft, glider and airship usable for flight and other vehicles usable for flight as prescribed by the Presidential Decree;

3. the term “spacecraft” means a space launcher, aviation spaceship, artificial satellite, manned or unmanned spaceship to fly in and out the atmosphere of the earth and other vehicles usable for space flight as prescribed by the Presidential Decree;

4. the term “related accessory apparatus” (hereinafter referred to as “apparatus”) means components of aircraft or spacecraft;

5. the term “related materials” (hereinafter referred to as “materials”) means materials to be used for production of aircraft or spacecraft; and

6. the term “aerospace science and technology” means the science and technology related to the aerospace industry or the flight in and out the atmosphere of the earth or the applied science and technology utilizing aircraft and spacecraft.

Article 3 (Establishment of Plan on aerospace Industry Development Fund)(1) In order to develop the aerospace industry, the Government shall establish the basic plan for the aerospace industry development (hereinafter referred to as the “basic plan”) including the following matters:

1. Demand by year and category for aircraft, spacecrafts, vehicles and materials purchased by the Government;

2. Specialization and systematization of the aerospace industry;

3. Comprehensive research system and research and development budget for the research and the development of the aerospace science and technology;

4. Plan on participation in international joint development projects and technology introduction; and

5. Other important matters concerning development of the aerospace industry.

(2) The Government shall establish and execute each year the operational program in accordance with the basic plan established under paragraph (1).

Article 4 (Report on Business)

Any person who desires to produce as an industry aircraft, spacecrafts, apparatus or materials, shall report it to the Ministry of Trade, Industry and Energy for each factory according to classification of the business under the conditions as prescribed by the Ordinance of the Ministry of Trade, Industry and Energy. If he desires to change the category of business or items of production or move the factory to another place, this provision shall also apply.  <Amended by Act No. 4541, Mar. 6, 1993>

Article 5 (Designation and Support of Specified Businessman)(1) The Ministry of Trade, Industry and Energy may designate items, etc. as required to foster specially according to the basic plan under Article 3.  <Amended by Act No. 4541, Mar. 6, 1993>

(2) The Ministry of Trade, Industry and Energy may designate as a specified businessman a person of businessmen who have made a report under Article 4 (hereinafter referred to as “reporting businessmen”), who produces or may produce items, etc. as referred to in paragraph (1), under the conditions as prescribed by the Ordinance of the Ministry of Trade, Industry and Energy, and give him preferential support as prescribed by this Act.  <Amended by Act No. 4541, Mar. 6, 1993>

Article 6 (Disqualification)

No person who falls under any of the following subparagraphs, may be designated as a specified businessman under Article 5 (2):

1. Person who is incompetent or quasi-incompetent;

2. Person who was declared bankrupt and is not yet reinstated;

3. Person who was sentenced to imprisonment without prison labor or more heavier penalty and for whom the execution of sentence is terminated or one year has not passed after non-execution of the sentence becomes definite;

4. Person who was sentenced to a fine for contravention of this Act, and for whom one year has not passed thereafter; and

5. Juristic person one of whose officers falls under any of subparagraphs 1 through 4.

Article 7 (Succession to Business)(1) If a specified businessman as prescribed in Article 5 (2) dies or transfers his business, or if a specified businessman who is a juristic person, has merged with others, his inheritor, the person who takes over the business, or the juristic person who continues to exist after the merger or who is established as a result of the merger, shall succeed to the status of the specified businessman, unless the inheritor, the person who takes over the business, or the juristic person who continues to exist after the merger or who is established by the merger, falls under any of subparagraphs of Article 6.

(2) Any person who has succeeded to the status of the specified businessman under paragraph (1), shall report it to the Ministry of Trade, Industry and Energy within thirty days from the day of succession under the conditions as prescribed by the Ordinance of the Ministry of Trade, Industry and Energy.  <Amended by Act No. 4541, Mar. 6, 1993>

Article 8 (Cancellation of Designation)

If a specified businessman falls under any of the following subparagraphs, the Ministry of Trade, Industry and Energy may cancel the designation as prescribed in Article 5 (2): Provided, That in case where the specified businessman falls under subparagraph 4, if he transfers his business or changes officers within six months after the cause of cancellation takes place, this provision shall not be applicable:  <Amended by Act No. 4541, Mar. 6, 1993>

1. Where the specified businessman has suspended his business without any justifiable reason consecutively for one year or longer after he was designated as a specified businessman;

2. Where he is designated under Article 5 (2) by deceit or any other unlawful manner;

3. Where he becomes unconformed to the requirements as determined by the Ordinance of the Ministry of Trade, Industry and Energy under Article 5 (2); and

4. Where he falls under any of subparagraphs of Article 6.

Article 9 (Report on Suspension and Discontinuation of Business)

If a reporting businessman or specified businessman desires to discontinue or suspend his business, he shall report it in advance to the Ministry of Trade, Industry and Energy. In this case, the reporting businessman shall make the report before one month, and the specified businessman, before six months. This provision shall also apply when he resumes the suspended business.  <Amended by Act No. 4541, Mar. 6, 1993>

Article 10 (Performance and Quality Inspection)(1) When a reporting businessman or specified businessman produces aircraft, spacecraft, apparatus or materials, he shall be subject to a performance and quality inspection of the Ministry of Trade, Industry and Energy.  <Amended by Act No. 4541, Mar. 6, 1993>

(2) The object, facilities, method and procedure of the performance and quality inspection under paragraph (1) and other necessary matters shall be determined by the Ordinance of the Ministry of Trade, Industry and Energy.  <Amended by Act No. 4541, Mar. 6, 1993>

(3) The Ministry of Trade, Industry and Energy shall attach a certificate of inspection to aircraft, spacecraft, apparatus or materials passed through the performance and quality inspection under paragraph (1) under the conditions as prescribed by the Ordinance of the Ministry of Trade, Industry and Energy.  <Amended by Act No. 4541, Mar. 6, 1993>

Article 11 (Restriction, etc. on Use)(1) Any aircraft, spacecraft, apparatus or materials not inspected under Article 10 shall not be used, except in case of use for test.

(2) If it is deemed necessary to use aircraft, spacecraft, apparatus or materials for the purpose of a test flight, etc., the head of the administrative agency concerned shall request it to the Minister of Construction and Transportation. In this case, the Minister of Construction and Transportation shall permit the test flight, etc. under the proviso of Article 15 (3) of the Aviation Act, unless there is any special reason.  <Amended by Act No. 4435, Dec. 14, 1991>

Article 12 (Financial Support)

The Government may support the long-term low-interest fund and research and development expenses for the purpose of fostering the aerospace industry and researching and developing the aerospace science and technology.

Article 13 (Lending, etc. of State-owned Facilities, Apparatus, etc.)(1) Notwithstanding the provisions of the State Properties Act, if it is necessary for the research, development or production of aircraft, spacecraft, apparatus or materials, the Government may, gratuitously or onerously, lend or concede State-owned facilities, apparatus, etc. to a reporting businessman or have him use or benefit by it.

(2) Matters necessary for conditions and procedure of the loan, concession, use or benefit under paragraph (1) shall be determined by the Presidential Decree.

Article 14 (Establishment of Aerospace Industry Development Policy Council)

In order to deliberate matters concerning the establishment of the basic plan and coordination of the accompanying important policies of the Government and main affairs among ministries and agencies, the Aerospace Industry Development Policy Council (hereinafter referred to as the “Council”) shall be established under the jurisdiction of the President.

Article 15 (Function of Council)

The Council shall deliberate the following matters:

1. Establishment of the basic plan;

2. Coordination of important policies of the Government related to the basic plan and main affairs among ministries and agencies;

3. Establishment of estimated expenditures necessary for execution of the basic plan;

4. General control and coordination of research and development activities of the aerospace science and technology; and

5. Other matters as prescribed by the Presidential Decree.

Article 16 (Composition, etc. of Council)(1) The Council shall be composed of fifteen or less members including a chairman.

(2) The chairman of the Council shall be the Prime Minister and members shall be those who are commissioned by the President from among those as determined by the Presidential Decree.

(3) In order to take proper measures in case where a coordination of affairs, cooperation, etc. between the civil and military sectors are deemed necessary, the chairman of the Council may establish and operate an advisory committee under the conditions as prescribed by the Presidential Decree.

(4) In order to carry out efficiently practical affairs of the Council, the Aerospace Industry Development Policy Practical Affairs Operating Committee the chairman of which is the Ministry of Trade, Industry and Energy (hereinafter referred to as the “Operating Committee”), shall be established in the Council.  <Amended by Act No. 4541, Mar. 6, 1993>

(5) Matters necessary for composition, operation, etc. of the Council and the Operating Committee shall be determined by the Presidential Decree.

Article 17 (Establishment of Research Institution)(1) In order to carry forward continuously and efficiently the research and development of the aerospace science and technology, the Government may establish a research institution by field of the aviation and the space or comprehensive research institution.

(2) Matters necessary for the denomination and establishment of research institutions as referred to in paragraph (1) shall be determined by the Presidential Decree.

(3) The research institution established under paragraph (2) shall be such research institution as prescribed in Article 2 of the Support of Specific Research Institutions Act.

Article 18 (Report)

If it is deemed necessary, the Ministry of Trade, Industry and Energy may have a reporting businessman or a specified businessman make a report on his business.  <Amended by Act No. 4541, Mar. 6, 1993>

Article 19 (Delegation and Entrustment of Authority)(1) If it is deemed necessary, the Ministry of Trade, Industry and Energy may delegate or entrust another administrative agency, specialized inspection institution or a person having specified qualification with the inspection affairs as prescribed in Article 10 under the conditions as prescribed by the Ordinance of the Ministry of Trade, Industry and Energy.  <Amended by Act No. 4541, Mar. 6, 1993>

(2) The Minister of Science and Technology may delegate part of his authority to a research institution as prescribed in Article 17 under the conditions as prescribed by the Presidential Decree.

Article 20 (Inspection Fee)

Any person who desires to undergo a performance and quality inspection under Article 10 (1), shall pay the fee under the conditions as prescribed by the Ordinance of the Ministry of Trade, Industry and Energy.  <Amended by Act No. 4541, Mar. 6, 1993>

Article 21 (Penal Provisions)

Any person who is in contravention of the provisions of Article 11 (1), shall be punished by a fine not exceeding five million won.

Article 22 (Joint Penal Provisions)

If a representative of a juristic person or an agent, servant or other employee of a juristic person or individual commits an offense as prescribed in Article 21 with respect to affairs of the juristic person or individual, the penalty as prescribed in the said Article shall be imposed on such juristic person or individual in addition to the punishment of the offender.

Article 23 (Fine for Negligence)(1) Any person who falls under any of the following subparagraphs, shall be punished by a fine for negligence not exceeding two million won:

1. A person who violates the provisions of Article 4;

2. A person who violates the provisions of Article 7 (2); and

3. A person who fails to make a report in contravention of the provisions of Article 9, or who makes a false report.

(2) The fine for negligence as referred to in paragraph (1) shall be imposed and collected by the Ministry of Trade, Industry and Energy under the conditions as prescribed by the Presidential Decree.  <Amended by Act No. 4541, Mar. 6, 1993>

(3) Any person who is unsatisfied with a disposition of fine for negligence under paragraph (2), may raise an objection against the Ministry of Trade, Industry and Energy within thirty days after he is informed of the disposition.  <Amended by Act No. 4541, Mar. 6, 1993>

(4) If a person who is subject to a disposition of fine for negligence under paragraph (2), raises an objection under paragraph (3), the Ministry of Trade, Industry and Energy shall notify it without delay to the competent court, which shall, upon receiving the notification, bring the case of fine for negligence to trial under the Non-Contentious Case Litigation Procedure Act.  <Amended by Act No. 4541, Mar. 6, 1993>

(5) If no objection is raised and no fine for negligence is paid in the period as referred to in paragraph (3), it shall be collected according to examples of a disposition for national tax in arrears.

Article 24 (Enforcement Decree)

Matters necessary for the enforcement of this Act shall be determined by the Presidential Decree.

닫기  ADDENDA<Act No. 4435,  Dec. 14,  1991>

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 1992.

Articles 2 and 3 Omitted.

addendum  ADDENDA<Act No. 4541,  Mar. 6,  1993>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso is Omitted.)

Articles 2 through 5 Omitted.