항공운송사업면허의 결격사유로서의 외국국적 임원의 문제

Abstract

In the organic and rational interpretation of Article 9 of the Aviation Business Act and Article 10, Paragraph 1 of the Aviation Safety Act, unless a foreigner owns more than half of the national corporation, or an executive officer who is a foreigner is appointed as the representative, or at least half of its executive officers are foreigners, the presence of a foreigner executive in the national corporation is not a reason for disqualification of the Domestic and International Air Transportation Business License in Korea. Determining the involvement of a foreigner or a foreign corporation should be judged by whether it is de facto control (substantially owned and effectively controlled) by a foreigner, a foreign legal entity such a person or not. In other words, it shall be judged whether there is a possibility that a majority of the directors are in control of the Board of Directors or that there is a possibility of the Board being held by the possibility of a majority of the directors. In this case, the special relationship's consideration will determine whether foreigners and others actually dominate the national corporation according to the nationality of the special relations.