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ENFORCEMENT DECREE OF THE AEROSPACE DEVELOPMENT PROMOTION ACT

[Enforcement: May. 27, 2008] [Presidential Decree No. 20793, May. 27, 2008, Amendment of other act]

The Ministry of Education, Science and Technology (Aerospace Development Division) Telephone: 02-2100-6716~6724

Article 1 (Purpose) The purpose of this Decree is to provide for matters delegated by the Aerospace Development Promotion Act and other matters necessary to implement the delegated matters.

Article 2 (Establishment, etc. of the Basic plan) The aerospace development promotion basic plan according to the provisions of Article 5 of the Aerospace Development Promotion Act (hereinafter referred to as the "Act") shall be established by the Minister of Education, Science and Technology under the consultation thereon with the heads of the relevant central administrative agencies (including National Intelligence Service; hereinafter the same shall apply). The same shall also apply when he intends to change the settled basic plan.

The Minister of Education, Science and Technology shall notify the heads of the relevant central administrative agencies of the schedule and the preparation guideline of the basic plan when he intends to establish the basic plan. If necessary, he may request the heads of the relevant central administrative agencies to submit necessary information.

"Other matters prescribed by the Presidential Decree on the aerospace development promotion, and use and management of the aerospace object" prescribed in the subparagraph 11 of the paragraph 1 of Article 5 shall be as follows:

1. Matters on protection and/or management policy of the intellectual property rights;

2. Matters on promotion of interchange between industrial fields and academic fields and research institutes; and

3. Matters on commercialization of the aerospace development technology. "Minor matters prescribed by the Presidential Decree" referred to in the proviso of t he paragraph 2 of Article 5 means as follows:

1. Detailed matters of promotion plan of aerospace development; and

2. Matters which do not cause a serious impact on the basic plan and have been determined by the aerospace committee organized by Article 6. Article 3 (Establishment of the Implementation Plan) The implementation plan pursuant to the paragraph 3 of Article 5 (hereinafter referred to as the "Implementation Plan") shall contain the following matters:

1. Overview of project;

2. Results of the project promotion of preceding year and the project plan of current year;

3. Detailed plan of each project; and

4. Other matters deemed as necessary by the Minister of Education, Science and Technology.

The Minister of Education, Science and Technology shall establish the implementation plan with the deliberation thereon of the Working Committee of the Aerospace Development Promotion organized by the provisions of the paragraph 5 of Article 6 of the Act (hereinafter referred to as the "Working Committee") by no later than the end of February of each year and notify the heads of the relevant central administrative agencies of the implementation plan.

Article 4 (Organization of National Aerospace Committee) The term "heads of the relevant central administrative agency and/or public officials of the related administrative agencies" prescribed in the subparagraph 1 of the paragraph 4 of Article 6 means one of the following persons:

1. Minister of Strategy and Finance;

2. Minister of Foreign Affairs and Trade;

3. Minister of National Defense;

4. Minister of Public Administration and Security;

5. Minister of Knowledge Economy;

6. Minister of Land, Transport and Maritime Affairs; and

7. Director of National Intelligence Service. The term of office of commissioned members referred to in the subparagraph 2 of the paragraph 4 of Article 6 of the Act shall be two years. A secretary shall be appointed in the National Aerospace Committee organized by the provisions of Article 6 of the Act (hereinafter referred to as the "Committee") in order to manage the affairs. The said secretary shall be appointed by the Chairman of the Committee among public officials belonging to the Ministry of Education, Science and Technology.

Article 5 (Operation of Committee) The chairman of the Committee shall exercise overall control over the affairs of the Committee. He shall convene a meeting of the Committee when he considers the meeting is necessary or the members of the Committee request to hold the meeting.

The chairman of the Committee shall notify the date, place, and agenda of the meeting to each member of the Committee within 7 days before holding the meeting: Provided, That the same shall not apply to the case of an emergency or other unavoidable reason. Committ ee shall hold meetings with the presence of a majority of the members enrolled, and resolutions of the meetings shall be passed by affirmative vote of a majority of all members attending.

The chairman of the Committee shall prepare and maintain the Committee's minutes. Allowances and travel expenses may be paid to any members present, interested persons and any person stating or submitting his opinion, who have attended the committee, in relation to the meeting within the limits of budget: Provided, That the same shall not apply to a case where any member who is a public official attends the meeting in direct connection with his works under his jurisdiction.

Other matters necessary for operation of the Committee shall be determined by the chairman of the Committee after going through the deliberation thereon of the Committee. Article 6 (Organization and Operation of Working Committee) The Working Committee shall be composed of not more than 21 members including one chairman. Persons applicable to any of the following subparagraphs shall become the members of the Working Committee:

1. Public officials belonging to high-ranking public officials group or any public official whose grade is equivalent to such grade, working for the affairs related to aerospace in the relevant administrative agencies whereto the members referred in the paragraph 1 of Article 4 belong;

2. Persons commissioned by the chairman of Working Committee among public officials of high grades or any public official whose grade is equivalent to such grade, working for the affairs related to aerospace in the relevant central administrative agencies but not applicable to the paragraph 1 of Article 4; or

3. Persons commissioned by the chairman of Working Committee among persons having a professional knowledge of, and profound experience in the aerospace field. The term of office of commissioned members as prescribed by the provisions of the subparagraph 3 of the paragraph 2 shall be two years. One executive secretary shall be appointed in order to deal with administrative affairs of the Working Committee. The said secretary shall be appointed by the chairman of the Working Committee among public officials belonging to the Ministry of Education, Science and Technology.

The provisions of Article 5 shall apply mutatis mutandis in the case of operation of the Working Committee. In such case, the "Committee" shall be regarded as the "Working Committee."

The Working Committee may organize and operate its Subcommittee, if necessary, in order to technically examine agendas related to the aerospace object, international cooperation, etc. The chairman of the Working Committee may determine necessary matters on organization and/or operation of the Subcommittee of Working Committee prescribed by the paragraph 6 after going through the deliberation thereon of the Working Committee.

Article 7 (Project of Specialized Institute for Aerospace Development) "Other matters related to the aerospace development project prescribed by the Presidential Decree" referred to in the subparagraph 3 of the paragraph 2 of Article 7 of the Act mean as follows:

1. Works of international cooperation with regard to the aerospace development; and

2. Works of international cooperation and/or support in investigation of the aerospace accident.

Article 8 (Standards for Designation of Specialized Institute for Aerospace Development) Any institute that is eligible to be designated as a specialized institute for aer ospace development as prescribed by the provisions of the paragraph 1 of Article 7 of the Act shall satisfy requirement falling under any of the following subparagraphs:

1. Being equipped with manpower and facilities to perform designing , manufacturing, etc. the aerospace object;

2. Having actual performance results and/or experiences of its own aerospace research development or aerospace development project; or

3. Comprising manpower and facilities necessary to launch, track and operate the aerospace object (hereinafter referred to as the "aerospace center.") Any institute designated as a specialized institute for aerospace development pursuant to the standards prescribed in the subparagraph 1 of the paragraph 3 of Article 8 shall formulate operation plan of the aerospace center no later than the end of January of each year and obtain the approval of the Minister of Education, Science and Technology thereof.

Article 9 (Contents of Support for the Specialized Institute of Aerospace Development) The Government shall formulate and conduct diverse supp ort policies including manpower supply, government contributions for the effective operation of the specialized institute for aerospace development pursuant to the paragraph 3 of Article 7 of the Act. The Minister of Education, Science and Technology may subsidize the expenses required for operation of the aerospace center. Article 10 (Pre-registration, etc. of Aerospace Object) A person, who intends to pre-register the aerospace object pursuant to the provisions of the subparagraph 2 of the paragraph 1 of Article 8 of the Act, shall submit an application for pre-registration specified by the Ordinance of the Ministry of Education and Human Resources Development and a launch plan prescribed by the paragraph 3 of Article 8 of the Act to the Minister of Education, Science and Technology. A person, who intends to register the aerospace object pursuant to the provisions of the paragraph 5 of Article 8 of the Act, shall submit an application from of registration specified by the Ordinance of the Ministry of Education and Human Resources Development to the Minister of Education, Science and Technology.

A person who has pre-registered or has registered the aerospace object pursuant to the paragraph 1or 2 of Article 8 of the Act shall, in the case of changes in registered matters, submit a notification of modified registration specified by the Ordinance of the Ministry of Education and Human Resources Development to the Minister of Education, Science and Technology.

The Article 8 (3) 9 "Other matters related to lunch, use and management of the aerospace object prescribed by the Presidential Decree" means as follows:

1. Matters on specifications of the aerospace object (referring to as weight, size, electric power generation and its consumption, etc. thereon);

2. Matters on orbit of the aerospace object (referring to as nodal period, orbital inclination angle, and apogee, perigee of orbit, etc.);

3. Matters on security for use and management of the aerospace object. Article 11 (Application for Permission to launch Space Launch Vehicle ) A person, who intends to obtain permission for launch of space launch vehicle pursuant to the provisions of the paragraph 1 of Article 11 of the Act, shall submit an application specified by the Ordinance of the Ministry of Education, Science and Technology to the Minister of Education, Science and Technology. The same shall apply to a case where he intends to obtain modified permission. When receiving the application under the paragraph 1 of Article 11, the Minister of Education, Science and Technology shall notify the applicant of the adequacy of the application documents and review plan within thirty days from the date on which the said application was submitted. The Minister of Education, Scien ce and Technology may, if it is deemed necessary after reviewing the application document, request the applicant to supplement and/or correct thereon within prescribed period. Article 12 (Modified Report on Minor Matters) The proviso of the paragraph 1 of Article 11 of the Act "Minor items prescribed by the Presidential Decree" means as follows:

1. Name and address information of the applicant (in the case of a juristic person, the name of the corporation, and the name and address information of the legal representative of the corporation shall be included); and

2. Period of payload use in the payload management plan. Article 13 (Launch Plan Form) A launch plan prescribed by the paragraph 2 of Article 11 of the Act shall contain the matters falling under each of the following subparagraphs. And the details of contents and prescribing guidelines, etc. of the plan shall be determined and notified by the Minister of Education, Science and Technology:

1. Scheduled launch date and atmospheric flight trajectory;

2. Specifications and functionality of space launch vehicle;

3. Safety analysis report: (a) Safety measures of space launch vehicle;

(b) Safety management measures of launch site; and (c) Security management measures;

4. Payload operation plan: (a) Purpose of use of payload;

(b) Owner and user of payload;

(c) Period of use of payload; and

(d) Manufacturer, manufacture number and manufacture date of payload; and

5. Warranty plan for liability compensation for damages: (a) Death and injury of the third party, and estimated amount of financial loss caused by launch accident; and

(b) Warranty plan for estimated amount of financial loss. Article 14 (Matters Subject to Aerospace Accident Investigation) Aerospace Accidents that shall be investigated by the Aerospace Accident Investigation Committee pursuant to the paragraph 1 of Article 16 of the Act are as follows:

1. Accidents incurred by the aerospace object which have been pre-registered or have registered as prescribed by the provisions of Article 8 of the Act;

2. Accidents incurred by the space launch vehicle which have been permitted to be launched as prescribed by the provisions of Article 11 of the Act;

3. Accidents incurred by the foreign aerospace object within the territory or the area or structure of the Republic of Korea whereto extends jurisdiction of the Republic of Korea; and

4. Accidents incurred by the foreign aerospace object, causing damages to property or nationals (including juristic persons) of the Republic of Korea. Article 15 (Composition, etc. of the Aerospace Accident Investigation Committee) The chairman of the Aerospace Accident Investigation Committee organized by Article 16 of the Act (hereinafter referred to as the "Accident Investigation Committee") shall exercise overall control over the affairs of, and represent the committee. Qualifications for the members of the Accident Investigation Committee shall be each of the following subparagraphs:

1. A person who has served for five years or longer as an associate professor or higher at a college or university;

2. A person who has worked for ten years or longer for a research institute or industry related to aerospace ;

3. A person who has been qualified for an attorney for ten years or longer;

4. A person who has served for two years or longer as a public official of grade 4 or higher belonging to the administrative agency or any public official whose grade is equivalent to such grade(including public officials who belong to the high-ranking public officials group ); or

5. Other persons who has been accepted as the members of the Accident Investigation Committee by the Minister of Education, Science and Technology. The term of office of members of the Accident Investigation Committee shall be three years.

Article 16 (Operation, etc. of the Accident Investigation Committee) Resolutions of the Accident Investigation Committee shall require the affirmative vote of a majority of members present with the attendance of a majority of all incumbent members. The Chairman of the Accident Investigation Committee shall manage and preserve the minutes

Any members present in the meeting, interested person and/or any person who is stating or submitting his opinion in the committee may be paid allowances and travel expenses within the limits of budget: Provided, That the same shall not apply to the case where any member who is a public official attends the meeting in direct connection with his works. Other matters necessary f or operation of the Accident Investigation Committee shall be determined by the chairman of the Accident Investigation Committee after going through the deliberation thereon of the Accident Investigation Committee. Article 17 (Duties of the Accident Investigation Committee) Duties of the Accident Investigation Committee shall be as follows:

1. Identification of the cause of the aerospace accident;

2. Data collection and analysis of the aerospace accident;

3. Writing research report on the aerospace accident; and

4. Other matters deemed as necessary for the research and analysis of the aerospace accident by the Minister of Education, Science and Technology. Article 18 (Procedures of Accident Investigation) In case where any aerospace accident occurs, the Minister of Education, Science and Technology shall promptly request the Accident Investigation Committee to investigate such aerospace accident.

Upon receiving said request, the Accident Investigation Committee shall investigate the aerospace accident and submit the report on its investigation result to the Minister of Education, Science and Technology. Article 19 (Investigation of Accident Related to National Security) The proviso of the paragraph 2 of Article 16 of the Act "The matters related to national security prescribed by the Presidential Decree" means the matters which the head of the relevant administrative agency related to national security (hereinafter referred to as the "relevant administrative agency"; hereinafter the same shall apply) deems to cause damages to national security if any procedure and/or result of the investigation is publicized on the aerospace accident incurred by the aerospace object which had been launched pursuant to the project plan of the relevant administrative agency. A separate Aerospace Accident Investigation Committee related to national security shall be composed under the head of the relevant administrative agency as prescribed by the proviso of the paragraph 2 of Article 16 of the Act. The head of the relevant administrative agency shall commission the members among the relevant experts and appoint the chairman among the members.

The provisions of Article 15 through Article 18 shall apply mutatis mutandis to the composition and operation, etc. of said separate Aerospace Accident Investigation Committee organized by the paragraph 2 of Article 19. In such case, the "Minister of Ministry of Education, Science and Technology" shall be regarded as the "head of the relevant administrative agency." In case where the head of the relevant administrative agency intends to determine other matters necessary for organization and/or operation of said separate Aerospace Accident Investigation Committee organized by the paragraph 2 of Article 19, he shall consult in advance with the Minister of Education, Science and Technology.

Article 20 (Request on Support and Cooperation for Aerospace Development) Detailed matters which the Minister of Education, Science and Technology may ask the heads of the relevant central administrative agencies or the heads of the local governments for support and cooperation as prescribed by the paragraph 1 of Article 20 of the Act shall include the followings :

1. Matters falling under any of the following items concerning access control for entering domestic launch site area(including territorial sea and territorial air.): (a) Monitor of land, sea and air by monitoring radar; (b) Patrol and guard around launch site;

(c) Access restriction of people, vehicles and fishing boats; (d) Ship access control from entering passing sea area; (e) Restriction on aviation from entering passing airspace; (f) Disposition of patrol ships; and

(g) Maintaining contact with telecommunication and information sharing for conducting guard affairs;

2. Matters falling under any of the following items for suppression of fires, and emergency rescue and aid:

(a) Disposition of fire trucks and fire ships; and (b) Provision of emergency rescue and aid;

3. Notification of estimated time of launch of the aerospace object to domestic and foreign planes; and

4. Provision of weather forecast service. Article 21 (Formulation, Implementation, etc. of Security Measures) The Minister of Education, Science and Technology shall determine and notify standards to formulate and implement security measures pursuant to the paragraph 2 of Article 21 of the Act.

The standards referred to in the paragraph 1 of Article 21 shall include each of the following subparagraphs:

1. Basic principle and methods of security management of the aerospace development project;

2. Security management system including assignment, etc. of departments and officers in charge of security management of the aerospace development project;

3. Classification standards and security management procedures of satellite information;

4. Procedures and methods in the case of leakage and loss of important documents related to the aerospace development project;

5. Conditions and procedures of public release of the aerospace development project;

6. Establishment of security measures and amendment procedures thereof; and

7. Other matters necessary for security management of the aerospace development project. Any one who intends to participate in the aerospace development project prescribed by the paragraph 1 of Article 21 of the Act, shall formulate and implement its security measures pursuant to the guidelines of the paragraph 1 of Article 21. The Minister of Education, Science and Technology shall consult with the Director of the National Intelligence Service before he notifies the guidelines of the paragraph 1 of Article 21: Provided, That he shall consult with the Defense Minister on matters related to military secret.

Except as otherwise prescribed in this Enforcement Decre e on the security measures of paragraph 3, the security measures shall follow the relevant provisions including the provisions of the Public Security Service,etc.

Article 22 (Time, etc. for Data Collection and Survey Research) The Minister of Education, Science and Technology shall collect data and survey actual conditions every year to analyze current situations of technology and industries of aerospace, and aerospace development trend prescribed by Article 24 of the Act. The Minister of Education, Science and Technology may have public officials under his control visit the relevant administrative agency, or conduct survey and statistical analysis in conjunction with the former method. Article 23 (Designation, etc. of Trustee Institute) An institute, which intends to take charge of works as prescribed by Article 26 of the Act, shall submit an application form filled with the followings to the Minister of Education, Science and Technology: Provided, That in the case of the entrustment of works referred to in the paragraph 2 of Article 26 of the Act may be carried out as research development project prescribed by the Technology Development Promotion Act.

1. Name, address and name of legal representative;

2. Name and location of the office where the consigned assignment is being conducted;

3. The assignment title of which the applicant intends to take charge;

4. Scheduled commencement time of the consigned assignment;

5. Project plans and profit/loss budget statements of current year and next year respectively;

6. Names and personal records of officers;

7. List of transactors of the consigned assignments (The said list shall stipulate names, personal records and licenses or certificates);

8. Types and quantity of machines, tools and other equipments which are used to conduct the consigned assignments; and

9. In case that the applicant conducts projects other than the consigned assignment, types and summaries of such other projects.

When the Trustee Institute completes the entrusted works, it shall report the result of such entrusted works to the Minister of Education, Science and Technology within 30 days from the day such entrusted works have been completed. If the Minister of Education, Science and Technology entrusts the Trustee Institute with works as prescribed by Article 26 of the Act, he may disburse in the form of contributions or subsidies the required expenses to such trustee institute. The Minister of Education, Science and Technology may, if it is deemed necessary, give orders or take necessary measures to the trustee institute. Article 24 (Imposition of and Procedures for Imposition and Collection of Fine for Negligence) In case where the Minister of Education, Science and Technology imposes a fine for negligence as prescribed by the paragraph 3 of Article 29 of the Act, he shall have the person subject to the disposition of the fine for negligence informed that said person should pay such a fine, specifying in writing the fact of the offence, way of raising an objection, the period during which he may raise such objection, the amount of the fine for negligence, etc., after investigating and confirming the offense in question.

When the Minister of Education, Science and Technology intends to impose a fine for negligence as prescribed by the provision of the paragraph 1, he shall provide the person subject to a disposition of the fine for negligence with an opportunity to state his opinion orally or in writing (including electronic documents) within a fixed period of not less than 10 days. In such case, if the person fails to state his opinion within the fixed period, he shall be deemed to have no opinion to state. In determining the amount of the fine for negligence, the Minister of Education, Science and Technology shall take into account motives and results of such an offense.

Procedures for collecting the fine for negligence shall be prescribed by the Ordinance of the Ministry of Science and Technology.

ADDENDA (Provisions Related to National Research and Development Projects)

Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation.

Article 2 Omitted.

Article 3 (Revisions of Other Laws and Regulations) Part of the Enforcement Decree of the Aerospace Development Promotion Act shall be revised as follows: The subparagraph 7 shall be inserted into the paragraph 1 of Article 4 as follows:

7. Director of National Intelligence Service