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TRAMWAY TRANSPORTATION ACT

Wholly Amended by Act No. 9636, Apr. 22, 2009

Amended by Act No. 11060, Sep. 16, 2011

Act No. 11647, Mar. 22, 2013

Act No. 11690, Mar. 23, 2013

Act No. 11998, Aug. 6, 2013

Act No. 12247, Jan. 14, 2014

Act No. 13476, Aug. 11, 2015

Act No. 13729, Jan. 6, 2016

Act No. 14088, Mar. 22, 2016

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to increase public benefit by securing the safety of tramway facilities and by ensuring efficient operation and development of tramway transportation and tramway business.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 14088, Mar. 22, 2016>
1. The term "tramway" means transportation system organically comprised of tramway facilities and trams, and a system of operation and support related thereto, including cableways;
2. The term "tramway transportation" means transporting people or cargo from one place to another by using tramways;
3. The term "tramway facilities" means any of the following items (including the sites thereof):
(a) Tramline, stations (including transfer facilities and convenience facilities), and buildings or building equipment necessary for tramway transportation;
(b) Trams;
(c) Repair depots, maintenance depots, warehouse, etc. to repair and maintain tramlines and trams;
(d) Electric power facilities, information and communication facilities, lightning rods, signal facilities, control facilities, etc.;
(e) All kinds of machinery, such as power units;
4. The term "tramlines" means runways (including roadbeds, pillars supporting tramlines, and other appurtenance, such as artificial structures) comprised of wire ropes, rails, concrete structures, etc. which are runways separate for a tram;
5. The term "cableway" means transporting people or cargo by operating a tram suspended from a wire rope installed in the air;
6. The term "trams" means a variety of vehicles manufactured to suit the peculiarity of tramline for the purposes of transportation on tramlines;
7. The term "tramway business" means the business of transporting people or cargo using tramways (excluding exclusive tramways) and making profits therefrom;
8. The term "tramway service provider" means a person who has obtained permission to run a tramway business as prescribed in Article 4;
9. The term "exclusive tramway" means a tramway installed as an appurtenance to the relevant business, etc. which is subject to license, permission, registration, approval, or reporting under other Acts and subordinate statutes;
10. The term "exclusive tramway operator" means a person who has obtained approval for an exclusive tramway or have made a report thereon as prescribed in Article 5;
11. The term "tramway transportation worker" means a person providing services regarding tramway transportation, such as a tram driver, assistant helping passengers ride a tram, safety manager, inspector, repairman, and ticket agent;
12. The term "tramway accident" means an accident that causes death or injury to people, or damage or destruction of items in relation to tramway transportation;
13. The term “tramway for a mountainous remote area” means a tramway designed to be operated at steep slopes in mountainous remote areas (referring to the areas prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport as geographically, economically, culturally, and socially isolated areas), installed and operated in an environment-friendly way in accordance with the requirements set by Ordinance of the Ministry of Infrastructure and Transport, including the use of environment-friendly power sources, existing roads, etc, to ensure convenient transportation and promote tourism.
 Article 3 (Scope of Application)
This Act shall not apply to any of the following tramways or tramway businesses: <Amended by Act No. 13729, Jan. 6, 2016>
1. Urban railway or urban railway business governed by the Urban Railroad Act;
2. Railway and railway business governed by the Railroad Service Act;
3. Amusement facilities, amusement equipment, and amusement facility business governed by the Tourism Promotion Act;
4. Transportation facilities governed by the Mining Safety Act;
5. Elevators governed by the Elevator Facilities Safety Management Act;
6. Tramways installed and operated for the purposes of military operations, research and development, etc.;
7. Tramways that transport cargo of a load of less than 500 kilograms (less than 200 kilograms in the case of cableways) within the private land owned by individuals or juristic persons.
CHAPTER II TRAMWAY BUSINESS AND EXCLUSIVE TRAMWAYS
 Article 4 (Permission for Tramway Business)
(1) Any person who intends to operate a tramway business shall obtain permission from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si, the head of a Gun, or the head of an autonomous Gu (hereinafter referred to as "head of a Si/Gun/Gu"): Provided, That where a tramway extends over the administrative districts of two or more Special Self-Governing Cities, Special Self-Governing Provinces, Sis, Guns, or autonomous Gus (hereinafter referred to as "Sis/Guns/Gus"), the head of a Si/Gun/Gu with jurisdiction over the seat of the principal office shall grant permission in consultation with the heads of the relevant Sis/Guns/Gus. <Amended by Act No. 11647, Mar. 22, 2013>
(2) Notwithstanding paragraph (1), where all or part of a tramway is constructed at a national park referred to in subparagraph 2 of Article 2 of the Natural Parks Act, a Do park referred to in subparagraph 3 of the same Article, or an urban natural park referred to in subparagraph 3 (b) of Article 2 of the Act on Urban Parks, Green Areas, Etc. (hereinafter referred to as "national park, etc.") within the administrative district of the Special Metropolitan City or Metropolitan City, permission shall be obtained from the relevant Special Metropolitan City Mayor or Metropolitan City Mayor (hereinafter referred to as "Special Metropolitan City Mayor/Metropolitan City Mayor"): Provided, That where such national park, etc. includes the administrative districts of two or more Special Metropolitan City or Metropolitan Cities, and the tramway being constructed at such national park, etc. extends over the administrative districts of two or more Special Metropolitan City or Metropolitan Cities, the Special Metropolitan City Mayor/Metropolitan City Mayors with jurisdiction over the seat of the principal office shall grant permission in consultation with the relevant Special Metropolitan City Mayor/Metropolitan City Mayors. <Amended by Act No. 11060, Sep. 16, 2011; Act No. 11647, Mar. 22, 2013>
(3) The standards for granting permission for a tramway business pursuant to paragraphs (1) and (2) shall be as follows:
1. The construction and equipment of tramway facilities shall conform to the standards for construction and equipment of tramway facilities prescribed in Article 15: Provided, That this shall not apply where special approval for construction is obtained pursuant to Article 16;
2. Where a tramway occupies and uses roads, rivers, farmland, forests, parks, cultural heritage protective zones, etc., permission, approval, etc. shall be obtained from the heads of the competent administrative agencies or managers.
(4) Where a tramway service provider intends to make changes to any matter prescribed by Presidential Decree from among those permitted pursuant to paragraphs (1) and (2), he/she shall obtain permission for such changes or make a report thereon in accordance with the classifications prescribed by Presidential Decree.
(5) When the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor grants permission or permission for modification as prescribed in paragraph (1), (2) or (4), he/she may attach necessary conditions in order to promote the safety and convenience of users, to prevent accidents, to preserve environment, to minimize impact on the surrounding traffic flow, etc.
(6) Matters necessary for permission, permission for modification, procedures for reporting on modification, etc. referred to in paragraphs (1), (2) and (4) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act 11690, Mar. 23, 2013>
 Article 4-2 (Approval for Tramway Projects for Mountainous Remote Areas)
(1) A person who intends to implement a tramway project for a mountainous remote area shall obtain approval from the Minister of Land, Infrastructure and Transport via the head of a Si/Gun/Gu, Special Metropolitan City Mayor, or Metropolitan City Mayor, before applying for permission for a tramway project specified in Article 4 (1) and (2). The same shall also apply where the person intends to make changes to the approved matters.
(2) Where the Minister of Land, Infrastructure and Transport grants approval pursuant to paragraph (1), he/she shall hear from relevant experts, etc. beforehand, and may attach conditions necessary for public safety, etc.
(3) Details regarding approval procedures, etc. under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 14088, Mar. 22, 2016]
 Article 5 (Approval, etc. for Exclusive Tramways)
(1) A person who intends to operate exclusive tramways shall obtain approval from the head of a Si/Gun/Gu: Provided, That in the case of exclusive tramways prescribed by Presidential Decree, he/she shall report to the head of a Si/Gun/Gu.
(2) Notwithstanding paragraph (1), where all or part of exclusive tramways are constructed at a national park, etc. within the administrative district of the Special Metropolitan City or Metropolitan City, permission shall be obtained from the Special Metropolitan City Mayor or Metropolitan City Mayor: Provided, That where such national park, etc. include the administrative districts of two or more Special Metropolitan City or Metropolitan Cities, and the exclusive tramway being constructed at such national park, etc. extends over the administrative districts of two or more Special Metropolitan City or Metropolitan Cities, the Special Metropolitan City Mayor/Metropolitan City Mayors with jurisdiction over the seat of the principal office shall grant permission after consultation with the related Special Metropolitan City Mayor/Metropolitan City Mayors. <Newly Inserted by Act No. 11647, Mar. 22, 2013>
(3) Where exclusive a tramway operator who has obtained approval under the main sentence of paragraph (1) and paragraph (2) intends to modify matters prescribed by Presidential Decree from among the already approved matters, he/she shall either obtain approval for modification or report such modification in accordance with the classifications prescribed by Presidential Decree, and where an exclusive tramway operator who has filed a report pursuant to the proviso to paragraph (1) intends to modify matters prescribed by Presidential Decree from among the reported matters, he/she shall report such modification. <Amended by Act No. 11647, Mar. 22, 2013>
(4) Article 4 (3) shall apply mutatis mutandis to the standards for approval for exclusive tramways under the main sentence of paragraph (1) and under paragraph (2), and Article 4 (5) shall apply mutatis mutandis to the conditions for approval under the main sentence of paragraph (1) and under paragraph (2) or the conditions for approval for modification under paragraph (3). In such cases, "tramway business" shall be construed as "exclusive tramway," "tramway service provider" as "exclusive tramway operator," "permission" as "approval," and "permission for modification" as "approval for modification." <Amended by Act No. 11647, Mar. 22, 2013>
(5) Details regarding procedures, etc. for approval, reporting, approval for modification, and reporting on modification under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11647, Mar. 22, 2013; Act No. 11690, Mar. 23, 2013>
 Article 6 (Disqualification)
None of the following persons are eligible to obtain permission for a tramway business or approval for an exclusive tramway: <Amended by Act No. 13476, Aug. 11, 2015>
1. A person under adult guardianship or under limited guardianship;
2. A person who was declared bankrupt and has not been reinstated;
3. A person for whom two years have not passed from the date permission for a tramway business or approval for an exclusive tramway was cancelled for violation of this Act;
4. A person for whom two years have not passed since his/her imprisonment with labor or greater punishment as declared by a court was completely executed (including cases where such execution is deemed to have terminated) or the non-execution of such sentence became final and conclusive;
5. A person who is under suspension of the execution of his/her imprisonment with labor or greater punishment as declared by a court for violation of this Act;
6. A juristic person who has an executive falling under any of subparagraphs 1 through 5.
 Article 7 (Execution of Construction)
(1) A tramway service provider shall begin constructing tramway facilities within two years from the date of obtaining permission for a tramway business.
(2) Where he/she is unable to begin constructing tramway facilities within the period under paragraph (1) due to a natural disaster or other extenuating circumstances, this period may be extended upon approval from the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor.
(3) Procedures for applying for the extension of the period pursuant to paragraph (2) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 8 (Inspection of Completed Construction)
(1) Upon completion of the construction of tramway facilities, a tramway service provider or exclusive tramway operator shall undergo an inspection for the completed construction conducted by the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor.
(2) The head of a Si/Gun/Gu or Special Metropolitan City Mayor/ Metropolitan City Mayor may entrust specialized safety inspection institutions under Article 20 with an inspection of the completed construction under paragraph (1).
(3) Matters necessary for the execution of an inspection pursuant to paragraph (1) shall be prescribed by Presidential Decree.
 Article 9 (Succession to Status of Tramway Service Provider)
(1) Any of the following persons shall succeed to the status of a former tramway service provider:
1. Transferee, where a tramway service provider has transferred his/her business;
2. Heir, where a tramway service provider has died;
3. Where a corporate tramway service provider has merged with another juristic person, such juristic person that survives the merger or a new juristic person established following such merger.
(2) A person who succeeds to the status of a tramway service provider as prescribed in paragraph (1) shall report such fact to the head of a Si/Gun/Gu or Special Metropolitan City Mayor/ Metropolitan City Mayor within one month (within sixty days after the death of the predecessor for a person who has succeeded to such status by inheritance), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(3) No person falling under any subparagraph of Article 6 shall succeed to the status of a tramway service provider as prescribed in paragraph (1).
 Article 10 (Entrustment, etc. of Management, etc. of Tramway Business)
(1) If a tramway service provider or exclusive tramway operator intends to entrust another person or another juristic person with the management of a tramway business or the operation of an exclusive tramway, he/she shall report such fact to the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) No person falling under any subparagraph of Article 6 shall be entrusted with the management of a tramway business or operation of an exclusive tramway under paragraph (1).
(3) A person entrusted with the management of a tramway business or operation of an exclusive tramway as prescribed in paragraph (1) shall be responsible for the management or operation thereof together with a person who entrusted such management or operation.
 Article 11 (Suspension or Discontinuance)
(1) Where a tramway service provider or exclusive tramway operator (excluding an exclusive tramway operator who has filed a report as prescribed in the proviso to Article 5 (1); hereafter the same shall apply in this Article) intends to suspend or discontinue all or part of the management of a tramway business or operation of an exclusive tramway, he/she shall make a report in advance to the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and the same shall apply to the modification of the suspension period already reported: Provided, That where suspension or discontinuance is attributable to the destruction of tramway facilities or other extenuating circumstances, he/she shall file a report thereon within ten days from the date of suspension or discontinuance. <Amended by Act No. 11690, Mar. 23, 2013>
(2) No period of suspension referred to in paragraph (1) shall exceed one year: Provided, That where extenuating circumstances acknowledged by the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor exist, this shall not apply.
(3) Where a tramway service provider or exclusive tramway operator intends to suspend or discontinue business or operation as prescribed in paragraph (1), he/she shall post a notice of the details, period, etc. of such suspension or discontinuance at stations, places of business, or other places readily accessible by the general public.
 Article 12 (Cancelation, etc. of Permission and Approval)
(1) Where a tramway service provider or an exclusive tramway operator (excluding an exclusive tramway operator who has filed a report pursuant to the proviso to Article 5 (1); hereafter the same shall apply in this paragraph) falls under any of the following subparagraphs, the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor may cancel permission or approval already granted, or order to suspend all or part of the management of a tramway business or of the operation of an exclusive tramway for a period of up to six months: Provided, That where he/she falls under any of subparagraphs 1, 2, and 4 through 6, his/her permission or approval shall be canceled: <Amended by Act No. 11647, Mar. 22, 2013; Act No. 14088, Mar. 22, 2016>
1. Where he/she obtains permission or permission for modification under Article 4, or approval or approval for modification under Article 5, by fraud or other improper means;
2. Where he/she no longer meets the standards for permission or approval under Article 4 (3) (including cases where such provisions apply mutatis mutandis to Article 5 (4)): Provided, That where he/she meets such standards within three months, this shall not apply;
3. Where he/she modifies matters already permitted or approved without permission for such modification under Article 4 (4) or approval for modification under Article 5 (3);
4. Where he/she violates the conditions for permission or approval under Article 4 (5) (including cases where such provisions apply mutatis mutandis to Article 5 (4)), conditions for approval under Article 4-2 (2), and conditions for a special construction approval under Article 16 (3), without justifiable grounds;
5. Where he/she fails to commence construction within the period specified in Article 7 (1) without justifiable grounds (limited to a tramway service provider);
6. Where he/she falls under any of the grounds for disqualification under the subparagraphs of Article 6: Provided, That in the case of a juristic person which has replaced a disqualified executive with another without any grounds for disqualification, such juristic person shall be excluded therefrom;
7. Where he/she manages a tramway business or operates an exclusive tramway without undergoing an inspection on the completion of construction under Article 8;
8. Where he/she suspends or modifies the period of suspension already reported without reporting thereon, in violation of Article 11 (1);
9. Where he/she manages a tramway business or operates an exclusive tramway without undergoing a temporary inspection under Article 19 (1) 2;
10. Where he/she manages a tramway business or operates an exclusive tramway without undergoing a regular inspection under Article 19 (1) 1 even after receiving notification as prescribed in paragraph (4) of the same Article;
11. Where he/she violates safety regulations under Article 21;
12. Where he/she violates safety management obligation under Article 22 (2) or (3);
13. Where he/she violates an order for improvement of facilities under Article 23 (1) or order for suspension of use under paragraph (2) of the same Article;
14. Where he/she causes a serious tramway accident under Article 25 (1) intentionally or by gross negligence;
15. Where he/she fails to comply with an order to report under Article 30 or files a false report, or refuses, obstructs, or evaded an inspection;
16. Where he/she manages a tramway business or operates an exclusive tramway during the period of suspension of the management of a tramway business or operation of an exclusive tramway.
(2) Where an exclusive tramway operator who has reported pursuant to the proviso to Article 5 (1) falls under any of the following subparagraphs, the head of a Si/Gun/Gu may order to suspend all or part of the operation of the relevant exclusive tramway for a period of up to six months:
1. Where he/she has made a report under the proviso to Article 5 (1) by fraud or other improper means;
2. Where he/she operates an exclusive tramway without undergoing an inspection on the completion of construction under Article 8;
3. Where he/she operates an exclusive tramway without undergoing a temporary inspection under Article 19 (1) 2;
4. Where he/she operates an exclusive tramway without undergoing a regular inspection under Article 19 (1) 1 even after receiving notification as prescribed in Article 19 (4);
5. Where he/she violates safety regulations under Article 21;
6. Where he/she violates safety management obligation under Article 22 (2) or (3);
7. Where he/she violates an order for improvement of facilities under Article 23 (1) or order for suspension of use under paragraph (2) of the same Article;
8. Where he/she causes a serious tramway accident under Article 25 (1) intentionally or by gross negligence;
9. Where he/she fails to comply with an order to report under Article 30 or files a false report, or refuses, obstructs, or evades an inspection;
10. Where he/she operates an exclusive tramway during the period of suspension of the operation of exclusive tramway.
(3) The standards and procedures for a disposition under paragraphs (1) and (2), and other necessary matters shall be prescribed by Presidential Decree.
 Article 13 (Penalty Surcharges)
(1) Where the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor is supposed to order suspension of management of a tramway business or operation of an exclusive tramway because a tramway service provider or exclusive tramway operator falls under any of the subparagraphs of Article 12 (1), and where it is feared that such suspension may bring a serious inconvenience to users, etc. or harm public interests, he/she may instead impose penalty surcharges of up to ten million won.
(2) The kinds of violations for which penalty surcharges under paragraph (1) are imposed, the amount of penalty surcharges commensurate with violations, and other necessary matters shall be prescribed by Presidential Decree.
(3) Where a persons liable to pay penalty surcharges under paragraph (1) fails to do so by the deadline of payment, the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor shall collect such penalty surcharges according to the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended by Act No. 11998, Aug. 6, 2013>
 Article 14 (Hearings)
Where the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor intends to cancel permission for a tramway business or approval for an exclusive tramway as prescribed in Article 12 (1), he/she shall hold a hearing.
CHAPTER III CONSTRUCTION
 Article 15 (Standards for Construction and Equipment for Tramway Facilities)
(1) A person who intends to construct tramway facilities shall construct tramway facilities according to the facilities standards (hereinafter referred to as "construction and facilities standards") for the construction of tramway facilities determined and announced in public by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where the Minister of Land, Infrastructure and Transport determines the standards for construction and equipment, he/she shall hear from relevant experts, etc. <Newly Inserted by Act No. 14088, Mar. 22, 2016>
 Article 16 (Special Construction Approval)
(1) A person who intends to construct tramway facilities not defined in the standards for construction and equipment, or to construct tramway facilities for which compliance with the construction and equipment standards is not easily achievable for the reasons prescribed by Presidential Decree, such as topographic peculiarities, shall obtain approval from the Minister of Land, Infrastructure and Transport (hereinafter referred to as "special construction approval") via the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor before applying for permission for a tramway business or approval for an exclusive tramway. The same shall apply to the modification of a special construction approval. <Amended by Act No. 11690, Mar. 23, 2013>
(2) A person who intends to obtain special construction approval shall prepare the details of the construction and equipment of tramway facilities and in-house safety management regulations, and submit them to the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor.
(3) When the Minister of Land, Infrastructure and Transport grants special construction approval, he/she shall decide whether to approve after hearing from relevant experts, etc. and may attach necessary conditions for public safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14088, Mar. 22, 2016>
(4) The procedures for a special construction approval and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 14088, Mar. 22, 2016>
 Article 17 Deleted. <by Act No. 14088, Mar. 22, 2016>
 Article 18 (Relationship, etc. between Roads and Tramway Facilities)
The following matters shall be prescribed by Presidential Decree:
1. Bearing, etc. of fees for occupying and using roads and of construction expenses where tramway facilities are constructed on roads under the Road Act;
2. Restoration of roads, compensation, maintenance, repair, etc. where tramway facilities constructed on roads under the Road Act fall into disuse.
CHAPTER IV SAFETY MANAGEMENT
 Article 19 (Safety Inspection)
(1) A tramway service provider and exclusive tramway operator shall undergo the following safety inspections for the relevant tramway facilities conducted by the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor:
1. Regular inspections: Inspections to be conducted annually. In such cases, the term of validity shall be one year from the preceding regular inspection, and the initial regular inspection shall be undergone within one year from the date of inspection of the completed construction;
2. Temporary inspections: Inspections to be conducted when the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor finds it necessary, such as where a tramway accident has occurred or is likely to occur while in operation.
(2) When the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor conducts a safety inspection under paragraph (1), he/she shall confirm whether the relevant tramway facilities meet the standards for safety inspection determined and announced publicly by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where a tramway service provider or exclusive tramway operator is deemed unable to undergo a safety inspection under paragraph (1) due to a natural disaster or other extenuating circumstances, the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor may extend the term of validity of safety inspection, or postpone a safety inspection, as prescribed by Presidential Decree.
(4) The head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor shall notify a tramway service provider or exclusive tramway operator who has failed to undergone a regular inspection under paragraph (1) 1 to undergo an inspection, as prescribed by Presidential Decree.
(5) Matters necessary for the implementation of a safety inspection under paragraph (1) shall be prescribed by Presidential Decree.
 Article 20 (Entrustment of Safety Inspection)
The head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor may entrust specialized safety inspection institutions prescribed by Presidential Decree with the duties of safety inspection under Article 19 (1).
 Article 21 (Safety Regulations)
A tramway service provider and exclusive tramway operator shall observe safety regulations prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport so that users may use tramway facilities safely and comfortably. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 22 (Safety Management)
(1) The Minister of Land, Infrastructure and Transport may conduct an emergency safety examination of tramway facilities as prescribed in Article 30 of the Framework Act on the Management of Disasters and Safety. <Amended by Act No. 11690, Mar. 23, 2013>
(2) In order to maintain the functions and safety of tramway facilities, a tramway service provider and exclusive tramway operator shall conduct safety examinations and facility maintenance at regular intervals, as prescribed by Presidential Decree, and record the results and report thereon to the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor.
(3) A tramway service provider and exclusive tramway operator shall select and appoint a person responsible for the safety management of facilities, as prescribed by Presidential Decree, and take measures necessary for the prevention, etc. of safety accidents involving tramway facilities.
 Article 23 (Order to Improve Facilities)
(1) Where tramway facilities fall under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport, head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor may order tramway a service provider and exclusive tramway operator to improve facilities: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where tramway facilities fail to meet the standards for a safety inspection upon a safety inspection under Article 19 (1);
2. Where tramway facilities are not found reliable enough to ensure safe operation upon an emergency safety examination under Article 22 (1).
(2) Where the Minister of Land, Infrastructure and Transport, the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor issues an order to improve facilities as prescribed in paragraph (1), he/she may also order the suspension of the use of relevant tramway facilities for a certain period. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 24 (Measures to be Taken after Accidents)
Where the operation of a tramway is suspended due to defects or malfunction of machinery during operation, natural disasters, etc. or where a tramway accident has occurred, a tramway service provider or exclusive tramway operator shall take measures to secure the safety of users, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 25 (Report on Tramway Accidents etc. and Investigation thereinto)
(1) Where a person has been injured, where the operation of a tramway is suspended with passengers on board due to defects or malfunction of machinery during operation, natural disasters, etc., or where other tramway accidents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport have occurred, a tramway service provider or exclusive tramway operator shall immediately report the fact to the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12247, Jan. 14, 2014>
(2) The head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor in receipt of such report under paragraph (1) may launch an investigation into the tramway accident, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 26 (Insurance Subscription)
A tramway service provider or exclusive tramway operator shall be insured against tramway accidents, whereby the insurer agrees to pay benefits to the victims in the event of a tramway accident, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 27 (Responsibilities of Tramway Employees, etc.)
(1) A tramway employee shall promote the safety of operations and the convenience and benefits of users.
(2) A tramway service provider or exclusive tramway operator shall establish safety education plans for tramway employees concerning safety duties, and provide them with education accordingly.
(3) In order to secure the safety of tramway operations, a tramway service provider or exclusive tramway operator shall record operation status.
 Article 28 (Prohibited Acts by Users)
No user of a tram shall perform any of the following acts:
1. Bringing explosives, animals, etc. into trams which may cause harm or give an unpleasant feeling to other users;
2. Obstructing the driving of a tram in operation;
3. Putting body out of the tram;
4. Other activities disturbing order within the tram.
 Article 29 (Legal Fiction as Public Officials in Applying Penalty Provisions)
The executives and employees of a specialized safety inspection institution engaged in inspection of the completed construction or duties of safety inspection as prescribed in Articles 8 (2) and 20 shall be deemed public officials in applying Articles 129 through 132 of the Criminal Act.
 Article 30 (Reports and Inspections)
(1) With respect to the construction of tramways, observance of safety regulations, etc., the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor may order a tramway service provider or exclusive tramway operator to report necessary matters, or may have public officials under his/her control examine the tramway facilities in question.
(2) When conducting an examination as prescribed in paragraph (1), the relevant tramway service provider or exclusive tramway operator shall be notified of an inspection plan, including the date of inspection, reasons for inspection, details of inspection, etc. at least seven days beforehand: Provided, That in cases of emergency or in cases where the purpose of inspection is deemed unattainable due to the destruction of evidence, etc., this shall not apply.
(3) Public officials conducting an inspection as prescribed in paragraph (1) shall carry an identification indicating their authority and show it to the interested persons.
(4) Matters necessary for identification under paragraph (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 31 (Fees)
When a person applies for permission, approval, or inspection under this Act, he/she shall pay required fees, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 31-2 (Support for Applicants of Tramway Projects in Mountainous Remote Areas)
The State may provide financial, administrative, and technical assistance to installers of tramways in mountainous remote areas in consultation with the heads of the relevant central administrative agencies, for the purpose of providing the residents in mountainous remote areas with transportation convenience. In such cases, those eligible for assistance, methods and procedures therefor, etc. shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 14088, Mar 22, 2016]
CHAPTER VI PENAL PROVISIONS
 Article 32 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for not more than a year or by a fine not exceeding ten million won. In such cases, both imprisonment with labor and a fine may be imposed concurrently:
1. Any person who manages a tramway business without permission for a tramway business under Article 4 (1) and (2);
2. Any person who obtains permission or permission for modification under Article 4 by fraud or other improper means;
3. Any person who manages a tramway business or operates an exclusive tramway without undergoing an inspection of the completed construction under Article 8 (1);
4. Any person (including any person entrusted with inspection or employees of such person) who conducts an inspection of the completed construction under Article 8 or a safety inspection under Article 19 by fraud or other improper means;
5. Any person who undergoes an inspection for the completed construction under Article 8 or a safety inspection under Article 19 by fraud or other improper means.
(2) Any of the following persons shall be punished by a fine not exceeding five million won:
1. Any person who modifies permitted matters without permission for modification under Article 4 (4);
2. Any person who operates an exclusive tramway without obtaining approval or reporting thereon under Article 5 (1);
3. Any person who obtains approval or makes a report under Article 5 (1), or obtains approval for modification, by fraud or other improper means;
4. Any person who manages a tramway business or operates an exclusive tramway during suspension under Article 12 (1);
5. Any person who refuses, obstructs, or evades a temporary inspection under Article 19 (1) 2;
6. Any person who manages a tramway business or operates an exclusive tramway without undergoing a regular inspection under Article 19 (1) 1 even after receiving notification as prescribed in paragraph (4) of the same Article;
7. Any person who refuses, obstructs, or evades an emergency safety examination under Article 22 (1);
8. Any person who violates an order for improvement of facilities under Article 23 (1) or an order for suspension of use under paragraph (2) of the same Article;
9. Any person who makes a false report under Article 30 (1) or refuses, obstructs, or evades an inspection.
 Article 33 (Joint Penalty Provisions)
Where the representative of a juristic person, or the agent, employee, or worker of a juristic person or individual commits a violation under Article 32 concerning the duties of the juristic person or individual, such juristic person or individual shall also be punished by a fine under the relevant provisions in addition to the punishment of such violator: Provided, That this shall not apply where such juristic person or individual has not been negligent in giving due attention and supervision concerning such duties in order to prevent such violation.
 Article 34 (Administrative Fines)
(1) Any of the following persons shall be punished by an administrative fine not exceeding two million won: <Amended by Act No. 11647, Mar. 22, 2013>
1. Any person who modifies the already permitted matters without reporting thereon under Article 4 (4);
2. Any person who modifies matters already approved or reported matters without reporting thereon under Article 5 (3);
3. Any person who fails to report entrustment pursuant to Article 10;
4. Any person whose period of suspension exceeds the period under Article 11 (2).
(2) Administrative fines under paragraph (1) shall be imposed and collected by the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor, as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (General Transitional Measures)
Dispositions or acts by administrative agencies or all kinds of reports or other acts in relation to administrative agencies under the former provisions as at the time this Act enters into force shall be deemed the acts by or in relation to administrative agencies under this Act corresponding thereto.
Article 3 (Transitional Measures concerning Permission for Cableway Business and Tramway Business and Report on Exclusive Cableway or Exclusive Tramway)
Those who have obtained permission for a cableway business or a tramway business under the former provisions as at the time this Act enters into force shall be deemed to have obtained permission for a tramway business or to have obtained approval for an exclusive tramway or to have reported the exclusive tramway under this Act corresponding thereto.
Article 4 (Transitional Measures concerning Standards, etc. for Construction and Equipment)
(1) The cableways and tramways constructed under the former provisions as at the time this Act enters into force shall be deemed to have been constructed in conformity with the standards for construction and equipment of tramways under this Act.
(2) The standards for construction and equipment of cableways and tramways being constructed under the former Cable Railways and Tramroads Act as at the time this Act enters into force shall be governed by the former provisions.
Article 5 (Transitional Measures concerning Report of Suspension of Cableway Business, etc.)
A person who has reported the suspension of all or part of a cableway business, a tramway business, an exclusive cableway, or an exclusive tramway as prescribed in the former provisions as at the time this Act enters into force shall be deemed to have reported suspension as prescribed in the amended provisions under the main sentence of Article 11 (1) and the period of such suspension shall be counted from the date this Act enters into force.
Article 6 (Transitional Measures concerning Penalty Provisions, etc.)
The former provisions shall apply to the penalty provisions and administrative fines for the violations committed before this Act enters into force.
Article 7 Omitted.
Article 8 (Relationship with other Statutes)
Where the former Cable Railways and Tramroads Act or provisions thereof have been cited in other statutes at the time this Act enters into force, this Act or the corresponding provisions of this Act shall be deemed to have been cited in place of the former provisions if such corresponding provisions exist in this Act.
ADDENDA <Act No. 11060, Sep. 16, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 11647, Mar. 22, 2013>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 12247, Jan. 14, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 13476, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 (Transitional Measures concerning Incompetent Person, etc.)
Notwithstanding the amended provisions of Article 6 (1), the former provisions shall apply to a person for whom the declaration of incompetency or quasi-incompetency remains valid pursuant to Article 2 of the Addenda of the Civil Act (Act No. 10429).
ADDENDA <Act No. 13729, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14088, Mar. 22, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of subparagraph 13 of Article 2, Article 4-2, Article 12 (1) 4, and Article 31-2 shall enter into force one year after the date of the promulgation.
Articles 2 (Applicability to Assistance from the State)
The amended provisions of Article 31-2 shall begin to apply to the first permission granted for a tramway project in a mountainous remote area after the enforcement of the aforesaid amended provisions.