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ALIN Legislative News

Special Act on the Establishment and Operation of the Korea Aerospace Administration
  • Author Korea Legislation Research Institute (ALIN Secretariat) Country Korea Date 2024-11-29

ALIN Legislative News

From Korea Legislation Research Institute 

 

Special Act on the Establishment and Operation of the Korea Aerospace Administration

[Enforcement date: May 27, 2024] [Law No. 20144, January 26, 2024, enacted]

 

[Enactment]

Reason for Enactment

In order to secure innovative technologies through the development of aerospace technology, promote the aerospace industry, and effectively implement policies, projects, etc. to protect people from space risks, the Korea Aerospace Agency is established, and matters necessary for its organization, operation, etc. are prescribed.

 

Main Contents

A. Provision of definitions of space, aviation, aerospace industry, aerospace technology, and space risks in order to clarify the affairs under the jurisdiction of the Korea Aerospace and Aerospace Administration (Article 2).

 

B. Establishment of the Korea Aerospace Administration (Article 6)

1) The Korea Aerospace Administration is established as a central administrative agency under the Minister of Science and ICT to carry out affairs related to securing space technology, promoting the space industry, and coping with space risks.

2) The Korea Aerospace Administration shall have one Administrator and one Deputy Administrator, and shall have a headquarters in charge of research and development of aerospace technology and projects related to the fostering and promotion of the aerospace industry.

 

C. Flexible Organization of the Korea Aerospace Administration (Article 8)

1) Where it is necessary for the rapid and efficient development of aerospace technology, a department to be established in the Korea Aerospace Administration, or an assistant institution equivalent to the department shall be designated by the Administrator of the Korean Aerospace Administration, as an exception to the Government Organization Act.

2) The position prescribed by Presidential Decree for which expertise is deemed particularly necessary among the positions of public officials in general service of the Korea Aerospace Administration shall be appointed for a term in excess of 20/100 of the limit prescribed by the Government Organization Act.

 

D. Special Provisions for the Appointment of Fixed-term Public Officials (Articles 9 and 10)

1) The classification of ranks, job groups and sectors of fixed-term public officials belonging to the Korea Aerospace Administration shall be determined by Presidential Decree.

2) Allowing foreign nationals or persons with multiple nationalities to be appointed, except for the field of formulating and coordinating aerospace policies related to space security and other fields that may significantly affect the security and interests of the nation.

3) The appointment requirements, appointment procedures, application requirements, and examination methods for fixed-term public officials shall be determined by Presidential Decree.

4) The fixed-term public officials of the Korea Aerospace Administration shall be appointed by the Administrator of the Korea Aerospace Administration.

5) When the Administrator of the Korea Aerospace Administration appoints a fixed-term public officials, he/she shall agree on the job description, term of appointment, performance goals, matters regarding dismissal, and matters concerning the recovery of property interests.

6) The Administrator of the Korea Aerospace Administration shall set different compensation standards for the fixed- term public officials of the Korea Aerospace Administration within the budgetary scope, taking into account the job description and level of responsibility of the position.

 

E. Special   Provisions   on   Dismissal   of   term-limited   public   officials   (Article   12) The Administrator of the Korea Aerospace Administration shall dismiss a term-limited public official after deliberation and resolution by the Review Committee in cases where a term public official fails to meet the agreed performance goals, where he/she is unable to continue to perform his/her position due to lack of specialized knowledge and skills, or if he/she commits a serious misconduct in connection with a research and development project.

 

F. Establishment of the Aerospace Ethics Committee (Article 13)

The Aerospace Administration Ethics Committee shall be established to deliberate on the necessity of holding stocks of fixed-term public officials subject to asset disclosure, whether retired public officials are subject to employment restrictions, and approval of employment and the handling of duties.

 

G. Special Provisions on Public Officials’ Obligation to Prevent Conflicts of Interest, etc. (Articles 14 and 15)

1) In the case where a fixed-term public official affiliated with the Korea Aerospace Administration holds stocks related to his/her job, if the necessity to hold the stocks and the grounds for impossibility to sell such stocks are vindicated, an exception to the application of the Public Official Ethics Act is recognized after deliberation by the Aerospace Ethics Committee.

2) The Administrator of the Korea Aerospace Administration shall determine the confirmation of the employment of a fixed-term public official belonging to the Korea Aerospace Administration who is subject to the employment examination, approval of employment and the approval of the handling of the duties of retired public officials, after deliberation Aerospace Ethics Committee.

 

H. Special Provisions of Budget Diversion and Establishment of Funds (Articles 16 and 17);

1) The Administrator of the Aerospace Administration shall, if necessary for conducting his/her duties, transfer the amount of each item or item within the scope determined in advance by consultation with the Minister of Economy and Finance for each fiscal year.

2) The Aerospace Promotion Fund shall be established in order to secure financial resources necessary to promote the development of aerospace technology and efficiently support the promotion of the aerospace industry.

 

I. Establishment of the Korea Aerospace Research Institute and the Korea Astronomy & Space Science Institute (Articles 19 to 21)

1) In order to place the Korea Aerospace Research Institute and the Korea Astronomy & Space Science Institute, which were established in accordance with the existing Act on the Establishment, Operation and Promotion of Government- funded Research Institutes in the Field of Science and Technology, under the jurisdiction of the Korea Aerospace Administration, the Administrator of the Korea Aerospace Administration establishes the Korea Aerospace Research Institute and the Korea Astronomy and Space Science Institute, and reorganizes related regulations.

2) The Aerospace Promotion Fund shall be established in order to secure financial resources necessary to promote the development of aerospace technology and efficiently support the promotion of the aerospace industry. 

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