CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the enhancement of public welfare by providing for matters necessary to ensure railroad safety and establishing railroad safety management system.
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
The terms used in this Act shall be defined as follows: <Amended by Act No. 11591, Dec. 18, 2012; Act No. 13436, Jul. 24, 2015>
| 5-2. | The term “railroad supplies” means parts, equipment, devices, etc. used for railroad facilities, rolling stock, etc.; |
| 6. | The term "train" means rolling stock organized and allocated a train number by a railroad operator for the purpose of operating railway tracks; |
| 7. | The term "railway track" means facilities consisting of track for operating rolling stock, and the track bed or an artificial structure that supports such track; |
| 8. | The term "railroad operator" means a person conducting duties concerning railroad operation; |
| 9. | The term "railroad facility manager" means a person conducting duties concerning the construction or management of railroad facilities; |
| 10. | The term "railroad worker" means any of the following persons: |
| (a) | A person engaging in driving rolling stock (hereinafter referred to as "driver"); |
| (b) | A person engaging in the central management, control, and monitoring of operation (hereinafter referred to as "traffic control") of rolling stock; |
| (c) | A person providing passengers with services aboard a train (hereinafter referred to as “train crew”); |
| (d) | A person providing passengers with services at a station; |
| (e) | Other persons prescribed by Presidential Decree to be engaged in the railroad operation and railroad facilities management, in particular, safe operation and maintenance of order of rolling stock, and the check-up, maintenance, etc. of rolling stock or railroad facilities; |
| 11. | The term "railroad accident" means an accident that causes casualties or damage to goods in connection to railroad operation or railroad facilities management; |
| 12. | The term "operational failure" means incidents causing disruption to the operation of rolling stock, which do not fall under railroad accidents. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 3 (Relationship with Other Acts) |
Except as otherwise provided in other Acts, matters concerning railroad safety shall be governed by this Act.
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 4 (Responsibilities of State, etc.) |
| (1) | The State and local governments shall prepare and faithfully implement railroad safety measures to protect the lives, bodies and property of the people. |
| (2) | A railroad operator and railroad facility manager (hereinafter referred to as "railroad operator, etc.") shall, when operating railroad or managing railroad facilities, take measures necessary for railroad safety as prescribed by statutes, and actively cooperate in the railroad safety measures taken by the State or local governments. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
CHAPTER II RAILROAD SAFETY MANAGEMENT SYSTEM
| Article 5 (Comprehensive Railroad Safety Plan) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish a comprehensive plan for railroad safety (hereinafter referred to as "comprehensive railroad safety plan") every five years. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The comprehensive railroad safety plan shall include the following matters: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Objectives and directions of promotion of the comprehensive railroad safety plan; |
| 2. | Matters concerning the expansion, improvement, checking, etc. of the facilities related to railroad safety; |
| 3. | Matters concerning the maintenance, checking, etc. of rolling stock; |
| 4. | Matters concerning the improvement of systems, such as the amendment of railroad safety-related statutes; |
| 5. | Matters concerning the fostering of and control of supply and demand of railroad safety-related experts; |
| 6. | Matters concerning railroad safety-related education and training; |
| 7. | Matters concerning railroad safety-related research and technological development; |
| 8. | Other matters the Minister of Land, Infrastructure and Transport deems necessary concerning railroad safety. |
| (3) | When the Minister of Land, Infrastructure and Transport establishes a comprehensive railroad safety plan, he/she shall undergo the deliberation of the Railroad Industry Committee referred to in Article 6 (1) of the Framework Act after consultation with the heads of the relevant administrative organs of the central government and railroad operators, etc. The foregoing shall also apply where he/she intends to change an established comprehensive railroad safety plan (excluding changes of minor matters prescribed by Presidential Decree). <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | If deemed necessary to establish or change a comprehensive railroad safety plan, the Minister of Land, Infrastructure and Transport may request the submission of relevant data to the head of a relevant administrative organ of the central government, a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"). The head of each administrative organ of the central government or any Metropolitan City Mayor/Do Governor requested to submit data shall comply with such request, except in extenuating circumstances. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | When a comprehensive railroad safety plan has been established or changed pursuant to paragraph (3), the Minister of Land, Infrastructure and Transport shall make public notice thereof in the Official Gazette. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| (1) | The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor and a railroad operator, etc. shall establish and promote an annual action plan in their respective jurisdictions (hereinafter referred to as "action plan") necessary for the phased implementation of the comprehensive railroad safety plan, according to a comprehensive railroad safety plan. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Matters necessary for procedures for the establishment and implementation of action plan and others shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 7 (Approval for Safety Management System) |
| (1) | When a railroad operator, etc. (excluding the operator of an exclusive railroad; hereinafter the same shall apply to this Article and Article 8) intends to operate a railroad or manage railroad facilities, he/she shall obtain approval from the Minister of Land, Infrastructure and Transport after preparing an organic system for the safety management of said railroad or railroad facilities, including human resources, facilities, rolling stock, equipment, operational procedures, education and training, emergency response plans, etc. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12992, Jan. 6, 2015> |
| (2) | Any operator of an exclusive railroad shall establish his/her own safety management system, and maintain it continuously. |
| (3) | If a railroad operator, etc. intends to modify the safety management system which has been approved in accordance with paragraph (1) (including any modification to safety management system pursuant to the modification of the safety management standard under paragraph (5); hereinafter the same shall apply to this Article), he/she shall obtain approval for said modification from the Minister of Land, Infrastructure and Transport: Provided, That in cases of modifying a minor matter prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he/she shall report it to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | When the Minister of Land, Infrastructure and Transport receives an application for approval or approval for modification of the safety management system pursuant to the main sentence of paragraph (1) or (3), he/she shall decide on whether to approve or not after inspection of whether the relevant safety management system conforms to the safety management standards pursuant to paragraph (5). <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | The Minister of Land, Infrastructure and Transport shall determine and publicly notify the technical standards necessary for railroad operation and the safety management of railroad facilities, such as the railroad safety management, risk management, accident investigation and report, interior checkup, emergency response plan, emergency response training, educational training, safety information management, operational safety management, or maintenance of rolling stock and facilities (including matters relating to the lifespan of rolling stock). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12992, Jan. 6, 2015> |
| (6) | Matters necessary for approval procedures, approval methods, inspection standards, inspection methods, reporting procedures, means of public notification, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11591, Dec. 18, 2012]
| Article 8 (Maintenance, etc. Safety Management System) |
| (1) | When operating a railroad or managing railroad facilities, a railroad operator, etc. shall maintain continuously the safety management system which has been approved under Article 7. |
| (2) | The Minister of Land, Infrastructure and Transport may inspect regularly or frequently the safety management system pursuant to paragraph (1), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, to check up or confirm whether the system is continuously maintained. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | In cases where the result of inspection pursuant to paragraph (2) reveals that the safety management system has not been maintained continuously, or that it is urgently necessary for railroad safety, the Minister of Land, Infrastructure and Transport may order a corrective measure, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11591, Dec. 18, 2012]
| Article 9 (Revocation, etc. of Approval) |
| (1) | If a railroad operator, etc. who has obtained approval for the safety management system falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may revoke its approval or may issue orders to restrict or suspend his/her duty for a period up to six months. Provided, that in cases under subparagraph 1, its approval shall be revoked. <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where approval has been obtained by fraud or other improper means; |
| 2. | Where the safety management system has been modified without obtaining approval for modification or reporting on modification, in violation of Article 7 (3); |
| 3. | Where the failure to maintain the safety management system continuously, in violation of Article 8 (1), has brought about a considerable trouble in the railroad operation or railroad facility management; |
| 4. | Where an order for corrective measures under Article 8 (3) has not been complied with without any justifiable reason. |
| (2) | Matters necessary for the revocation of approval, the restriction of duties, the standards and procedure for suspension, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11591, Dec. 18, 2012]
| Article 9-2 (Penalty Surcharges) |
| (1) | When issuing an order to restrict or suspend a railroad operator’s service pursuant to Article 9 (1) is feared to cause great inconvenience to railroad users or harm public interests, the Minister of Land, Infrastructure and Transport may impose a penalty surcharge not exceeding three billion won in lieu of the restriction or suspension of service. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Type of offences subject to penalty surcharges, imposition standards and collection methods of the penalty surcharge pursuant to paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | In cases where a person who shall pay a penalty surcharge fails to pay the penalty surcharge by a deadline for payment, the Minister of Land, Infrastructure and Transport shall collect such in accordance with the example of dispositions on default of national taxes. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11591, Dec. 18, 2012]
CHAPTER III SAFETY MANAGEMENT BY RAILROAD WORKERS
| Article 10 (Rolling Stock Driver's License) |
| (1) | A person intending to drive rolling stock shall obtain a rolling stock driver's license from the Minister of Land, Infrastructure and Transport (hereinafter referred to as "driver's license"): Provided, That the foregoing shall not apply to cases prescribed by Presidential Decree, such as cases where he/she drives rolling stock for the education and training under Article 16 or for the driving test referred to in Article 17. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | A driver's license shall be obtained for each kind of rolling stock as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 11 (Grounds for Disqualification from Obtaining Driver's Licenses) |
None of the following persons shall obtain a driver's license: <Amended by Act No. 12648, May 21, 2014>
| 1. | A person under the age of 19; |
| 2. | A person suffering a mental illness or epilepsy and who may cause a risk or hindrance in terms of the operation of rolling stock, as prescribed by Presidential Decree; |
| 4. | A person who has lost the hearing of both ears completely, a person who has lost the sight of both eyes completely, or a person who has other physical disabilities prescribed by Presidential Decree; |
| 5. | A person for whom two years have not passed since his/her driver's license was cancelled or the validity of a driver's license of which is suspended. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 12 (Physical Examination for Driver's Licenses) |
| (1) | A person intending to obtain a driver's license shall pass a physical examination administered by the Minister of Land, Infrastructure and Transport to judge whether such person has physical conditions suitable for driving rolling stock. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may allow the medical institutions prescribed in Article 13 to conduct the physical examination referred to in paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Matters necessary for the criteria for passing the physical examination referred to in paragraph (1), and the methods, procedures, etc. for the physical examination shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 13 (Medical Institutions for Conducting Physical Examination) |
The following medical institutions shall conduct the physical examination pursuant to Article 12 (1): [This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 14 Deleted. <by Act No. 11476, Jun. 1, 2012> |
| Article 15 (Driver Aptitude Test) |
| (1) | A person intending to obtain a driver's license shall pass an aptitude test administered by the Minister of Land, Infrastructure and Transport to judge whether such person has an aptitude suitable for driving rolling stock (hereinafter referred to as “driver aptitude test”). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
| (2) | No person who has failed a driver aptitude test or cheated while taking the test shall be allowed to take a driver aptitude test during the following applicable period: <Amended by Act No. 13436, Jul. 24, 2015> |
| 1. | A person who has failed a driver aptitude test: Three months from the date the relevant driver aptitude test was conducted; |
| 2. | A person who has cheated while taking a driver aptitude test: One year from the date the relevant driver aptitude test was conducted. |
| (3) | Matters necessary for the criteria for passing a driver aptitude test, and the methods, procedures, etc. for the drive aptitude test shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
| (4) | The Minister of Land, Infrastructure and Transport may designate institutions specializing in the driver aptitude test (hereinafter referred to as "driver aptitude-testing institution") and allow them to conduct driver aptitude tests. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
| (5) | Matters necessary for the criteria, procedures, etc. for designating driver aptitude-testing institutions shall be prescribed by Presidential Decree. <Amended by Act No. 13436, Jul. 24, 2015> |
| (6) | Driver aptitude testing-institutions shall neither refuse the duty of driver aptitude testing without good cause, nor issue any pass/fail report of the driver aptitude test by fraud or other improper means. <Amended by Act No. 13436, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 15-2 (Revocation of Designated Driver Aptitude Testing-Institutions and Suspension of Its Duty) |
| (1) | When a driver aptitude testing-institution falls under any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the designation of the driver aptitude testing-institution, or may order the suspension of its duty, setting a period not exceeding six months: Provided, That where cases fall under subparagraph 1 or 2, he/she shall revoke the relevant designation: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
| 1. | Where a driver aptitude testing-institution has been designated by fraud or other improper means; |
| 2. | Where a driver aptitude testing-institution has conducted the duty of driver aptitude testing during the suspension of duty in violation of an order for suspension of duty; |
| 3. | Where a driver aptitude testing-institution fails to meet the criteria for designation referred to in Article 15 (5); |
| 4. | Where a driver aptitude testing-institution has refused the duty of driver aptitude testing without any justifiable reason in violation of Article 15 (6); |
| 5. | Where a driver aptitude testing-institution has issued a pass/fail report of the driver aptitude test by fraud or other improper means in violation of Article 15 (6). |
| (2) | Matters necessary for the detailed criteria for the revocation of designation and suspension of duty under paragraph (1), etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport shall not designate, as a driver aptitude testing-institution, any testing institution established and operated by a driver aptitude testing-institution, the designation of which has been revoked pursuant to paragraph (1), or by an establisher, operator, or executive officer of such aptitude testing institution within two years from the date on which the designation was revoked. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
[This Article Newly Inserted by Act No. 11476, Jun. 1, 2012]
| Article 16 (Education and Training on Driving) |
| (1) | A person intending to obtain a driver's license shall receive the education and training (hereinafter referred to as “driving education and training”) administered by the Minister of Land, Infrastructure and Transport to acquire the knowledge and abilities necessary for driving rolling stock in a safe manner. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
| (2) | Matters necessary for the period, method, etc. of the driving education and training shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
| (3) | The Minister of Land, Infrastructure and Transport may designate institutions specializing in education and training in driving rolling stock (hereinafter referred to as "driving education and training-institution") and allow them to implement driving education and training. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
| (4) | Matters necessary for the criteria, procedures, etc. for designating driving education and training-institutions shall be prescribed by Presidential Decree. <Amended by Act No. 13436, Jul. 24, 2015> |
| (5) | The provisions of Articles 15 (6) and 15-2 shall apply mutatis mutandis to the revocation of designation and suspension of duty of driving education and training-institutions. In such cases, the "driver aptitude testing-institution" shall be construed as "driving education and training-institution", "duty of driver aptitude testing" as "duty of driving education and training," "Article 15 (5)" as "Article 16 (4)", and "pass/fail report of a driver aptitude test" as "completion certificate of driving education and training". <Amended by Act No. 13436, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 17 (Driving Test) |
| (1) | A person intending to obtain a driver's license shall pass a rolling stock driving test administered by the Minister of Land, Infrastructure and Transport (hereinafter referred to as "driving test"). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | A person intending to apply for a driving test shall take driving education and training after passing the physical examination referred to in Article 12 and driver aptitude test. <Amended by Act No. 13436, Jul. 24, 2015> |
| (3) | Matters necessary for the subjects of, procedures for, etc. the driving test shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 18 (Issuance, etc. of Driver's License) |
| (1) | The Minister of Land, Infrastructure and Transport shall issue a rolling stock driver's license (hereinafter referred to as "driver's license") to those passing the driving test as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | When a person who has obtained a driver's license pursuant to paragraph (1) (hereinafter referred to as "driver's license holder") loses the driver's license or is unable to use the driver's license because it is worn away or there is any change to the information on the driver's license, the person may apply for the re-issue of a driver's license or change of the information as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 19 (Renewal of Driver's License) |
| (1) | The term of validity of a driver's license shall be ten years. <Amended by Act No. 12024, Aug. 6, 2013> |
| (2) | Any driver's license holder that desires to maintain the validity of his/her driver's license after the term of validity referred to in paragraph (1) shall have his/her driver's license renewed as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport before the term of validity of his/her driver's license terminates. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | When a person applying for the renewal of his/her driver's license pursuant to paragraphs (2) and (5) falls under any of the following cases, the Minister of Land, Infrastructure and Transport shall renew it and issue a renewed driver's license: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12024, Aug. 6, 2013> |
| 1. | Where the person has a record that he/she has engaged in the duty to drive rolling stock prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport within ten years from the date proceeding the date on which he/she applies for the renewal of his/her driver's license or the person is deemed to have a record equivalent thereto or above; |
| 2. | Where the person received education and training prescribed by Ordinance of The Ministry of Land, Infrastructure and Transport. |
| (4) | When a driver's license holder fails to have his/her driver's license renewed pursuant to paragraph (2), the validity of his/her driver's license shall be suspended from the date following the date on which the term of validity of the relevant driver's license terminates. |
| (5) | When a person with a driver's license the validity of which is suspended pursuant to paragraph (4) fails to apply for the renewal of the driver's license to have it renewed within a period prescribed by Presidential Decree within a scope not exceeding six months, the validity of the relevant driver's license shall become null and void from the date following the date on which such period terminates. |
| (6) | The Minister of Land, Infrastructure and Transport shall notify each driver's license holder of matters concerning the renewal of driver's license as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport prior to the termination of the validity of relevant driver's license. <Amended by Act No. 11690, Mar. 23, 2013> |
| (7) | When a person whose driver's license has become null and void pursuant to paragraph (5) intends to obtain a driver's license again, the Minister of Land, Infrastructure and Transport may exempt him/her from part of driver's license acquisition procedures as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 19-2 (Prohibition against Lending Driver’s Licenses) |
No person who has obtained a driver’s license shall lend his/her driver’s license to any other person.
[This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 20 (Cancellation, Suspension, etc. of Driver's License) |
| (1) | When a driver's license holder falls under any of the following cases, the Minister of Land, Infrastructure and Transport may cancel the relevant driver's license or suspend the validity of the relevant driver's license, setting a period not exceeding one year: Provided, That when a driver's license holder falls under subparagraphs 1 through 4, he/she shall cancel the driver's license: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
| 1. | Where the driver's license holder obtains a driver's license by fraud or other improper means; |
| 2. | Where the driver's license holder falls under subparagraphs 2 through 4 of Article 11; |
| 3. | Where the driver's license holder drives rolling stock during the suspension of validity of driver's license; |
| 4. | Where the driver's license holder lends his/her driver's license to another person in violation of Article 19-2; |
| 5. | Where the driver's license holder causes a railroad accident by intention or gross negligence while driving rolling stock; |
| 5-2. | Where the driver's license holder violates Article 40-2 (1) or (3); |
| 6. | Where the driver's license holder drives rolling stock under the influence of alcohol or drugs, in violation of Article 41 (1); |
| 7. | Where the driver's license holder fails to comply with the verification or examination administered by the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor even though there are reasonable grounds to recognize that he/she was conducting duties under the influence of alcohol or drugs, in violation of Article 41 (2); |
| 8. | Where the driver's license holder contravenes this Act or any order or disposition issued or imposed under this Act for the safety and protection of railroads and maintenance of order. |
| (2) | When imposing a disposition of cancellation of driver's license or suspension of validity pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall notify the relevant driver's license holder and railroad operators, etc. employing the driver's license holder of the details thereof, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | A driver's license holder receiving the notice of cancellation of driver's license or suspension of validity referred to in paragraph (2) shall return the driver's license to the Minister of Land, Infrastructure and Transport within 15 days from the date on which he/she receives such notice. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | When a driver's license is returned by a person subject to the suspension of validity of driver's license pursuant to paragraph (3), the Minister of Land, Infrastructure and Transport shall keep and return it immediately after the period of suspension terminates. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Detailed criteria and procedures for the cancellation of a driver's license or suspension of the validity of a driver’s license referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport based on the type and severity of the relevant violation. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) | The Minister of Land, Infrastructure and Transport shall keep and manage data on the delivery, renewal, cancellation, etc. of driver's licenses, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 21 (On-the-Job Training on Driving) |
Any person who intends to engage in driving rolling stock shall complete on-the-job training on driving, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
[This Article Wholly Amended by Act No. 13436, Jul. 24, 2015]
| Article 21-2 (Prohibition on Driving Rolling Stock by Unqualified Persons, etc.) |
No railroad operator, etc. shall allow a person who has failed to obtain a driver’s license (including those whose driver's license is under cancellation or suspension under Article 20) or completed the on-the-job training referred to in Article 21 to engage in driving rolling stock. [This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 21-3 (Certification of Qualification as Traffic Controller) |
Any person who intends to engage in the duty of traffic control shall acquire certification of qualification as a railroad traffic controller (hereinafter referred to as "certification of qualification as a traffic controller") from the Minister of Land, Infrastructure and Transport.
[This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 21-4 (Grounds for Disqualification from Obtaining Certification of Qualification as Traffic Controller) |
Article 11 shall apply mutatis mutandis to the grounds for disqualification from obtaining certification of qualification as a traffic controller. In such cases, “driver’s license” shall be construed as “certification of qualification as a traffic controller,” and “operation of rolling stock” as “duty of traffic control.” [This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 21-5 (Physical Examination for Certification of Qualification as Traffic Controllers) |
| (1) | A person who intends to obtain certification of qualification as a traffic controller shall pass a physical examination administered by the Minister of Land, Infrastructure and Transport to judge whether such person has physical conditions suitable to perform the duty of traffic control. |
| (2) | Articles 12 and 13 shall apply mutatis mutandis to the methods, procedures, etc. for the physical examination referred to in paragraph (1). In such cases, “driver’s license” shall be construed as “certification of qualification as a traffic controller,” and “operation of rolling stock” as “duty of traffic control.” |
[This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 21-6 (Traffic Controller Aptitude Test) |
| (1) | A person who intends to obtain certification of qualification as a traffic controller shall pass an aptitude test administered by the Minister of Land, Infrastructure and Transport to judge whether such person has an aptitude suitable for performing the duty of traffic control (hereinafter referred to as “traffic controller aptitude test”). |
| (2) | Article 15 (2) and (3) shall apply mutatis mutandis to the methods, procedures, etc. for the traffic controller aptitude test. In such cases, “driver aptitude test” shall be construed as “traffic controller aptitude test.” |
| (3) | The Minister of Land, Infrastructure and Transport may designate institutions specializing in the traffic controller aptitude test (hereinafter referred to as "traffic controller aptitude testing-institutions"), and require them to conduct traffic controller aptitude tests. |
| (4) | Matters necessary for the criteria, procedures, etc. for designating traffic controller aptitude testing-institutions shall be prescribed by Presidential Decree. |
| (5) | Articles 15 (6) and 15-2 shall apply mutatis mutandis to the revocation of designation of traffic controller aptitude testing-institutions, suspension of their duty, etc. In such cases, “driver aptitude testing-institution” shall be construed as “traffic controller aptitude testing-institution,” “driver aptitude test” as “traffic controller aptitude test,” and “Article 15 (5)” as “Article 21-6 (4).” |
[This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 21-7 (Traffic Control Education and Training) |
| (1) | A person who intends to obtain certification of qualification as a traffic controller shall receive the education and training administered by the Minister of Land, Infrastructure and Transport to promote the safe conduct of the duty of traffic control (hereinafter referred to as “traffic control education and training”) so that he/she can acquire the knowledge and abilities required to conduct the duty of traffic control: Provided, That any of the following persons may be partially exempted from the traffic control education and training, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| 1. | A person who has completed educational courses related to the duty of traffic control prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport at schools defined in Article 2 of the Higher Education Act; |
| 2. | A person who has at least five years of experience in any of the following duties: |
| (a) | Operation of rolling stock; |
| (b) | Operation of railway signal posts, railway point machines, or control panels. |
| (2) | Matters necessary for the period, method, etc. of the traffic control education and training shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | The Minister of Land, Infrastructure and Transport may designate institutions specializing in education and training on the duty of traffic control (hereinafter referred to as "traffic control education and training-institution"), and require them to conduct education and training on traffic control. |
| (4) | Matters necessary for the criteria, procedures, etc. for designating traffic control education and training-institutions shall be prescribed by Presidential Decree. |
| (5) | Articles 15 (6) and 15-2 shall apply mutatis mutandis to the revocation of designation of traffic control education and training-institutions, suspension of their duty, etc. In such cases, “driver aptitude testing-institution” shall be construed as “traffic control education and training-institution,” “driver aptitude test” as “traffic control education and training,” “Article 15 (5)” as “Article 21-7 (4),” and “pass/fail report of driver aptitude test” as “certificate of completion of traffic control education and training.” |
[This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 21-8 (Examinations for Certification of Qualification as Traffic Controller) |
| (1) | A person who intends to obtain certification of qualification as a traffic controller shall pass a written examination and a practical examination (hereinafter collectively referred to as “examination for certification of qualification as a traffic controller”) that the Minister of Land, Infrastructure and Transport administers to test the knowledge and practical capability required to conduct the duty of traffic control. |
| (2) | A person who intends to apply for the examination for certification of qualification as a traffic controller shall undergo the traffic control education and training after passing the physical examination referred to in Article 21-5 (1) and the traffic controller aptitude test. |
| (3) | The Minister of Land, Infrastructure and Transport may exempt any of the following persons from parts of the examination for certification of qualification as a traffic controller, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| 1. | A person who has obtained a driver’s license; |
| 2. | A person who has obtained qualifications in the fields related to railroad traffic control prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, among national technical qualifications defined in subparagraph 1 of Article 2 of the National Technical Qualifications Act. |
| (4) | Matters necessary for the subjects of, methods and procedures for, etc. the examination for certification of qualification as a traffic controller shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 21-9 (Issuance of Certificates of Qualification as Traffic Controller, Renewal of Certification of Qualification as Traffic Controller, etc.) |
Articles 18 and 19 shall apply mutatis mutandis to the issuance of certificates of qualification as a traffic controller, renewal of certification of qualification as a traffic controller, etc. In such cases, “driving test” shall be construed as “examination for certification of qualification as a traffic controller,” “driver’s license” as “certification of qualification as a traffic controller” or “certificate of qualification as a traffic controller,” and “operation of rolling stock” as “the duty of traffic control.” [This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 21-10 (Prohibition against Lending Certificates of Qualification as Traffic Controller) |
No person who has obtained certification of qualification as a traffic controller shall lend his/her certificate of qualification as a traffic controller to any other person.
[This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 21-11 (Cancellation, Suspension, etc. of Certification of Qualification as Traffic Controller) |
| (1) | Where a person who obtains certification of qualification as a traffic controller falls under any of the following cases, the Minister of Land, Infrastructure and Transport may cancel the relevant certification of qualification as a traffic controller or suspend its validity, setting a period not exceeding one year: Provided, That when such person falls under any of subparagraphs 1 through 4, the Minister of Land, Infrastructure and Transport shall cancel the relevant certification of qualification as a traffic controller: |
| 1. | Where such person acquires certification of qualification as a traffic controller by fraud or other improper means; |
| 2. | Where such person falls under any of subparagraphs 2 through 4 of Article 11 applied mutatis mutandis under Article 21-4; |
| 3. | Where such person conducts the duty of traffic control during the suspension of validity of the certification of his/her qualification as a traffic controller; |
| 4. | Where such person lends his/her certificate of qualification as a traffic controller to another person in violation of Article 21-10; |
| 5. | Where such person causes a railroad accident by intention or gross negligence while conducting the duty of traffic control; |
| 7. | Where such person conducts the duty of traffic control under the influence of alcohol or drugs, in violation of Article 41 (1); |
| 8. | Where such person refuses verification or examination to be conducted by the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor even when there is a reasonable ground to recognize that he/she conducted the duty of traffic control under the influence of alcohol or drugs in violation of Article 41 (2). |
| (2) | Article 20 (2) through (6) shall apply mutatis mutandis to the criteria, procedures, etc. for cancelling certification of qualification as a traffic controller or suspending its validity under paragraph (1). In such cases, “driver’s license” shall be construed as “certification of qualification as a traffic controller” or “certificate of qualification as a traffic controller,” as appropriate. |
[This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 22 (On-the-Job Training on Traffic Control) |
Any person who intends to engage in the duty of traffic control shall complete on-the-job training, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
[This Article Wholly Amended by Act No. 13436, Jul. 24, 2015]
| Article 22-2 (Prohibition on Conduct of Traffic Control by Unqualified Persons, etc.) |
No railroad operator, etc. shall allow a person, who has not obtained certification of qualification as a traffic controller (including those whose certification of qualification as a traffic controller is canceled or suspended under Article 21-11) or completed the on-the-job training referred to in Article 22, to engage in the duty of traffic control. [This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 23 (Management of Drivers, etc.) |
| (1) | A railroad worker engaging in driving rolling stock, traffic control and other duties prescribed by Presidential Decree shall undergo a physical examination and aptitude test on a regular basis. |
| (2) | Matters necessary for the timing and method for the physical examination and aptitude test, the criteria, etc. for passing the physical examination or aptitude test under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | When a railroad worker engaging in the duties prescribed in paragraph (1) fails the physical examination and aptitude test referred to in the same paragraph, no railroad operator, etc. shall have such railroad worker continue to engage in the relevant duties. |
| (4) | A railroad operator, etc. may conduct the physical examination and aptitude test under paragraph (1) by entrusting them to the medical institutions conducting the physical examination referred to in Article 13 and the aptitude testing institutions, respectively. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 24 Deleted. <by Act No. 11591, Dec. 18, 2012> |
CHAPTER IV SAFETY MANAGEMENT OF RAILROAD FACILITIES AND ROLLING STOCK
| Article 25 (Technical Standards for Railroad Facilities) |
| (1) | A railroad facility manager shall install railroad facilities in compliance with the technical standards prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013> |
| (2) | A railroad facility manager shall maintain and manage railroad facilities by checking, repairing, etc. them to ensure that they comply with the technical standards under paragraph (1), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 26 (Formal Approval for Rolling Stock) |
| (1) | A person who intends to manufacture or import a rolling stock to be operated domestically shall obtain formal approval for a design for the relevant rolling stock from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | In cases where a person who has obtained formal approval pursuant to paragraph (1) intends to modify the approved matters, he/she shall obtain approval for modification from the Minister of Land, Infrastructure and Transport. Provided, That where he/she intends to modify minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he/she shall report it to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | In cases where the Minister of Land, Infrastructure and Transport grants formal approval under paragraph (1) or approval for modification under the main body of paragraph (2), he/she shall conduct an inspection for formal approval, to check whether the relevant rolling stock meets the technical standards for rolling stocks prescribed and publicly announced by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Notwithstanding the provisions of paragraph (3), in any of the following cases, the whole or part of inspection for formal approval may be exempt by the Minister of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where a rolling stock which has been manufactured or imported for the purpose of examination, research, or development conforms to the rolling stock prescribed by Presidential Decree; |
| 2. | Where a rolling stock which has been manufactured or imported for the purpose of export conforms to the rolling stock prescribed by Presidential Decree; |
| 3. | Where a rolling stock is exempted from an inspection for formal approval in accordance with an agreement concluded or a treaty joined by the Republic of Korea; |
| 4. | Where a rolling stock which has been manufactured or imported for a special purpose, such as the maintenance or repair of railroad facilities, the restoration of an accident of a rolling stock, etc. is prescribed and publicly announced by the Minister of Land, Infrastructure and Transport. |
| (5) | No person shall operate a rolling track without obtaining formal approval under paragraph (1). |
| (6) | Matters necessary for the procedures for approval, methods of approval, procedures for reporting, procedures for inspection, methods of inspection, procedures for exemption, etc. pursuant to the provisions of paragraph (1) through (4) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11591, Dec. 18, 2012]
| Article 26-2 (Revocation, etc. of Formal Approval) |
| (1) | Where a person who has obtained formal approval under Article 26 falls in any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the formal approval granted to such person: Provided, That in cases falling under subparagraph 1, the formal approval shall be revoked. <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where a formal approval has been obtained by fraud or other improper means; |
| 2. | Where a formal approval is in serious contravention of the technical standards under Article 26 (3); |
| 3. | Where an order for approval for modification under paragraph (2) has not been complied with. |
| (2) | In cases where a formal approval under Article 26 (1) is deemed in contravention of the technical standards under paragraph (3) of the same Article (excluding cases falling under paragraph (1) 2 of this Article), the Minister of Land, Infrastructure and Transport shall order a person who has obtained formal approval, to obtain approval for modification, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | In cases where a formal approval has been revoked by any reason falling under paragraph (1) 1, no formal approval shall be granted for the rolling stock of the same model for two years from the date when the formal approval has been revoked. |
[This Article Newly Inserted by Act No. 11591, Dec. 18, 2012]
| Article 26-3 (Approval for Manufacturers of Rolling Stock) |
| (1) | A person who intends to manufacture a rolling stock which has obtained formal approval under Article 26 (including the case of manufacturing for the purpose of export to the Republic of Korea from abroad) shall obtain approval for a manufacturer from the Minister of Land, Infrastructure and Transport of whether an organic system (hereinafter referred to as “the system for quality control of a rolling stock) has been drafted for the appropriate manufacture of a rolling stock such as human resources, facilities, equipment, technology, manufacture test, etc. for manufacturing a rolling stock, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | In cases where an approval for a manufacturer is granted pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall conduct an inspection for approval for a manufacturer of whether the system for quality control of the relevant rolling stock meets the technical standards necessary for manufacturing management or maintaining quality of rolling stocks as determined and publicly announced by the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Notwithstanding the provisions of paragraph (1) and (2), in cases determined by Presidential Decree, such as where the approval for a manufacturer is exempted in accordance with an agreement concluded or a treaty signed by the Republic of Korea, the Minister of Land, Infrastructure and Transport may exempt a specified case from being subject to approval for a manufacturer, or may exempt the whole or part of the inspection for approval for a manufacturer. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11591, Dec. 18, 2012]
| Article 26-4 (Grounds for Disqualification) |
Neither of the following persons may obtain approval for a manufacturer for rolling stock:
| 1. | An incompetent person under the adult guardianship; |
| 2. | A person who has been declared bankrupt and has not been reinstated; |
| 3. | A person for whom two years have not elapsed since his/her sentence was completed or exempted after being sentenced to imprisonment with labor for violation of the railroad related statutes prescribed by this Act or Presidential Decree; |
| 4. | A person who is under the suspension of the execution of imprisonment with labor as declared by a court for violation of the railroad related statutes prescribed by this Act or Presidential Decree; |
| 5. | A person for whom two years have not elapsed since approval for a manufacturer has been revoked; |
| 6. | A corporation which employs a person falling under any of subparagraphs 1 through 5 as one of its executive officers. |
[This Article Newly Inserted by Act No. 11591, Dec. 18, 2012]
| Article 26-5 (Succession) |
| (1) | Where a person who has obtained approval for a manufacturer of rolling stock under Article 26-3 transfers his/her business to a third party, dies, or merges into a corporation, the transferee, heir, corporation surviving the merger, or corporation established by the merger shall succeed to the status of the person with approval for a manufacturer. |
| (2) | A person who succeeds to the status of approval for a manufacturer pursuant to paragraph (1) shall report the fact of such succession to the Minister of Land, Infrastructure and Transport within one month from the date of succession, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | As for a person who succeeds to the status of approval for a manufacturer pursuant to paragraph (1), Article 26-4 shall apply mutatis mutandis: Provided, That in cases where an heir who falls under any subparagraph of Article 26-4 transfers his/her business to another person within three months from the date when a decedent has died, approval for a manufacturer for a decedent shall be deemed approval for a manufacturer for an heir for a period from the date of the decedent’s death to the date of transference. |
[This Article Newly Inserted by Act No. 11591, Dec. 18, 2012]
| Article 26-6 (Completion Inspection of Rolling Stock) |
| (1) | A person who has obtained approval for a manufacturer pursuant to Article 26-3 shall undergo a completion inspection executed by the Minister of Land, Infrastructure and Transport to confirm whether the relevant rolling stock has been manufactured in accordance with a formal approval pursuant to Article 26. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | In cases where a rolling stock has passed the completion inspection pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall issue a certificate of completion inspection for rolling stock prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to a manufacturer of rolling stock. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Matters necessary for the procedures, methods, etc. of the completion inspection of rolling stock prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11591, Dec. 18, 2012]
| Article 26-7 (Revocation, etc. of Approval for Manufacturers of Rolling Stock) |
| (1) | In cases where a person who has obtained approval for a manufacturer pursuant to Article 26-3 falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may revoke its approval or issue an order of restriction or suspension of business by up to six months. Provided, That approval for a manufacturer shall be revoked in any case falling under subparagraph 1 or 5. <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where approval for a manufacturer has been obtained by fraud or other improper means; |
| 2. | Where the rolling stock has been manufactured without obtaining approval for modification or without reporting of modification in violation of Article 7 (3) which is applied mutatis mutandis in Article 26-8; |
| 3. | Where he/she fails to execute an order to take corrective measures without any justifiable reason under Article 8 (3) which is applied mutatis mutandis in Article 26-8; |
| 4. | Where he/she fails to execute an order under Article 32 (1); |
| 5. | Where he/she has manufactured a rolling stock during the period of business suspension. |
| (2) | Matters necessary for the revocation of approval for a manufacturer of rolling stock, the standards and procedures for restriction or suspension of service, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11591, Dec. 18, 2012]
| Article 26-8 (Provisions Applicable Mutatis Mutandis) |
With respect to the modification of approval for a manufacturer of rolling
stock, the maintenance, inspection, and corrective action of quality control
systems of rolling stock, the imposition and collection of penalty surcharges, etc., Articles 7 (3), 8, 9, and 9-2 shall apply mutatis mutandis. In such cases, “the safety management system” shall be deemed “the quality control system of rolling stock.” [This Article Newly Inserted by Act No. 11591, Dec. 18, 2012]
| Article 27 (Formal Approval for Railroad Supplies) |
| (1) | A person who intends to manufacture or import railroad supplies determined and publicly notified by the Minister of Land, Infrastructure and Transport shall obtain formal approval from the Minister of Land, Infrastructure and Transport regarding the design of railroad supplies, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | In cases of granting formal approval pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall conduct an inspection for formal approval to check whether the relevant railroad supplies satisfy the technical standards for railroad supplies which have been determined and publicly notified by the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | No one shall use railroad supplies which have failed to obtain formal approval pursuant to paragraph (1) (limited to railroad supplies determined and publicly notified by the Minister of Land, Infrastructure and Transport) for the railroad facilities, rolling stock, etc. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | With respect to the modification of formal approval for railroad supplies, exemption from an inspection for formal approval, revocation of formal approval, order for approval for revocation, period for prohibition of formal approval, etc., Article 26 (2), (4) and (6), and Article 26-2 shall apply mutatis mutandis. In such cases, “the rolling stock” shall be deemed “the railroad supplies.” |
[This Article Wholly Amended by Act No. 11591, Dec. 18, 2012]
| Article 27-2 (Approval for Manufacturers of Railroad Supplies) |
| (1) | A person who intends to manufacture railroad supplies which have obtained formal approval shall receive approval for a manufacturer from the Minister of Land, Infrastructure and Transport of whether he/she has an organic system (hereinafter referred to as “the quality control system for railroad supplies”) for the appropriate manufacture of railroad supplies such as human resources, facilities, equipment, technology, and manufacture test, etc. for manufacturing the railroad supplies, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | In cases of granting approval for a manufacturer pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall conduct an inspection for approval for a manufacturer of railroad supplies to check whether the quality control system of the relevant railroad supplies satisfies the technical standards necessary for the manufacturing management and quality control determined and publicly notified by the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | A person who has obtained approval for a manufacturer pursuant to paragraph (1) shall indicate on the relevant railroad supplies that the railroad supplies have obtained formal approval as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | With respect to the modification of approval for a manufacturer of rolling stock pursuant to paragraph (1), the maintenance, inspection, and corrective action of quality control system of railroad supplies, the imposition and collection of penalty surcharges, exemption from approval for a manufacturer, etc., the grounds for disqualification and succession to the status of approval for a manufacturer, the revocation of approval for a manufacturer, the restriction and suspension of service, etc., Articles 7 (3), 8, 9, 9-2, 26-3 (3), 26-4, 26-5 and 26-7 shall apply mutatis mutandis. In such cases, “the safety management system” shall be deemed “the quality control system of railroad supplies”, and “the rolling stock” deemed “the railroad supplies.” |
[This Article Newly Inserted by Act No. 11591, Dec. 18, 2012]
| Articles 28 through 30 Deleted. <by Act No. 11591, Dec. 18, 2012> |
| Article 31 (Post-Management of Formal Approval, etc.) |
| (1) | In cases where it is deemed necessary for the confirmation and check-up of the safety and quality of the rolling stock or railroad supplies which have obtained formal approval pursuant to Article 26 or 27, the Minister of Land, Infrastructure and Transport may require the relevant public officials within its jurisdiction to take measures in accordance with the following subparagraphs: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Investigation of whether the rolling stock or railroad supplies satisfy the technical standards pursuant to Article 26 (3) or Article 27 (2); |
| 2. | Inspection or submission of the relevant ledger or documents by a person who has obtained formal approval or approval for a manufacturer of the rolling stock or railroad supplies; |
| 3. | Collection or inspection of the rolling stock or railroad supplies; |
| 4. | Requests for a test or analysis at a specialized research institute regarding safety or quality of the rolling stock or railroad supplies; |
| 5. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport for an urgent investigation regarding safety or quality of rolling stock or railroad supplies. |
| (2) | A person who has obtained formal approval or approval for a manufacturer of the rolling stock or railroad supplies, and owner, possessor, supervisor, etc. of the rolling stock or railroad supplies shall not refuse, hinder, or evade the investigation, inspection, collection, etc. under paragraph (1) without any justifiable reason. |
| (3) | A public official who conducts an investigation, inspection, examination, etc. pursuant to paragraph (1) shall hold a certificate indicating his/her authority and show such to a related person. In such cases, matters necessary for the certificate shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11591, Dec. 18, 2012]
| Article 32 (Suspension, etc. of Manufacture or Sale) |
| (1) | In cases where the rolling stock or railroad supplies which have obtained formal approval pursuant to Article 26 or 27 fall under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may order the suspension of manufacture, import, sale, or use of the rolling stock or railroad supplies: Provided, That in cases falling under subparagraph 1, the manufacture, import, sale, or use shall be suspended. <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where formal approval has been revoked in accordance with Article 26-2 (1) (including any case applied mutatis mutandis in Article 27 (4)); |
| 2. | Where an order to comply with approval for modification has been issued in accordance with Article 26-2 (2) (including any case applied mutatis mutandis in Article 27 (4)); |
| 3. | Where a rolling stock that has not received an inspection of completion pursuant to Article 26-6 has been sold (limited to an order of suspension of sale or use); |
| 4. | Where rolling stocks or railroad supplies have been manufactured, imported, or sold differently from the details of formal approval. |
| (2) | A manufacturer of rolling stock or railroad supplies who has received an order of suspension pursuant to paragraph (1) shall draft a plan for corrective measures concerning the withdrawal or refund of the relevant rolling stock or railroad supplies, and submit it to the Minister of Land, Infrastructure and Transport and take corrective measures in accordance with such a plan. Provided, That where the details, degree, or effects of the offence amount to insignificant mattes prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, falling under subparagraph 2 and 3 of paragraph (1), such shall not apply. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | A manufacturer who intends to be exempted from the corrective measures pursuant to the proviso to paragraph (2) shall apply for exemption from such corrective measures to the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Where a manufacturer of rolling stock or railroad supplies pursuant to the main body of paragraph (2) takes corrective measures, he/she shall report the progress of the relevant corrective measures to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11591, Dec. 18, 2012]
| Article 33 Deleted. <by Act No. 11591, Dec. 18, 2012> |
| Article 34 (Standardization) |
| (1) | The Minister of Land, Infrastructure and Transport may establish standard specifications of rolling stock and railroad supplies in order to secure the safety and interoperability of railroads and recommend them to railroad operators, etc., those intending to manufacture, assemble or import rolling stock and others (hereinafter referred to as "rolling stock manufacturer, etc."): Provided, That matters for which Korean industrial standards are established in accordance with the Industrial Standardization Act shall comply with such standards. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Matters necessary for the establishment, revision, etc. of the standard specifications under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Articles 35 through 37 Deleted. <by Act No. 11591, Dec. 18, 2012> |
| Article 38 (Comprehensive Test Run) |
| (1) | A railroad operator, etc. who intends to construct a new railroad or operate an existing railroad after making improvements thereto shall conduct a comprehensive test run prior to normal operation, and shall report its results to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where the Minister of Land, Infrastructure and Transport receives a report pursuant to paragraph (1), he/she may issue an order for improvement or correction, if deemed necessary after examination of compliance with the technical standards pursuant to Article 25 (1), safety of the railroad facilities and train service system, and adequacy of preparation for normal operation. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Matters necessary for timing, methods, and standards of implementation of a comprehensive test run, and improvement and corrective orders, etc. pursuant to paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11591, Dec. 18, 2012]
CHAPTER V SAFE OPERATION OF ROLLING STOCK AND PROTECTION OF RAILROADS
| Article 39 (Operation of Rolling Stock) |
Matters necessary for the safe operation of rolling stock, such as the organization of trains, driving of rolling stock, and methods of signaling, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 39-2 (Railroad Traffic Control) |
| (1) | Any person who operates rolling stock shall comply with the orders for movement, departure, stoppage, etc. and the standards, methods, procedures, sequence, etc. of operation, which are directed by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may provide the employees or operators of railroad with advice and information related to the operation of rolling stock, such as the management condition of railroad facilities, for the safe and efficient operation of rolling stock. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport may take safety measures, such as restrictions to persons, motor vehicles, or operation of railroad stock within railroad facilities as necessary for the safe operation of rolling stock. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Matters necessary for the objects, details, procedures, etc. of duties performed by the Minister of Land, Infrastructure and Transport pursuant to paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11591, Dec. 18, 2012]
| Article 39-3 (Installation of Image Recording Devices, etc.) |
| (1) | A railroad operator shall install an image recording device on locomotives prescribed by Presidential Decree, among the types of rolling stock specified in subparagraph 4 of Article 3 of the Framework Act on Railroad Industry Development, for the purpose of recording rolling stock operation conditions, understanding traffic accident situations, and so forth. In such cases, the standards, methods, etc. for installing image recording devices shall be determined by the Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where a railroad operator installs an image recording device referred to in paragraph (1), he/she shall take necessary measures, including the installation of a signboard, as prescribed by Presidential Decree, so that drivers, etc. can readily recognize it. |
| (3) | No railroad operator shall arbitrarily operate an image recording device for purposes other than the intended purposes of its installation, shoot other locations, or use the image recording function (including the voice recording function; hereinafter the same shall apply) during other than the period of train operation. |
| (4) | No railroad operator shall use recorded images or provide the same to any other person, except in any of the following cases: |
| 1. | When it is necessary to understand traffic accident situations; |
| 2. | When it is necessary to investigate a crime or to institute and maintain a public prosecution; |
| 3. | When it is necessary for court proceedings. |
| (5) | Each railroad operator shall establish guidelines on the operation and management of image recording devices, as prescribed by Presidential Decree, in order to prevent images recorded in image recording devices from loss, theft, divulgence, alteration or damage. |
| (7) | The provision of recorded images pursuant to paragraph (4), and other necessary matters concerning preservation, etc. of recorded images shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 13807, Jan. 19, 2016]
| Article 40 (Temporary Suspension of Train Operation) |
In any of the following cases, a railroad operator may, when recognizing that there is an obstacle to the safe operation of trains, suspend the operation of trains temporarily:
| 1. | Where a disaster is caused by natural disaster, or by bad weather such as earthquake, typhoon, heavy rain and heavy snow, or a disaster is expected to occur; |
| 2. | Other cases where a serious failure occurs or is expected to occur in the operation of trains. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 40-2 (Requirements to Be Observed by Railroad Workers) |
| (1) | A driver shall comply with the following while driving rolling stock: |
| 1. | He/she shall conduct the measures prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport before departure of rolling stock; |
| 2. | He/she shall comply with the safety rules relating to the operation of rolling stock prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | A traffic controller shall comply with the following while conducting the duty of traffic control: |
| 1. | He/she shall provide information on train operation to drivers, etc. as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 2. | He/she shall, in cases of railroad accidents and operational failures (hereinafter referred to as “railroad accident, etc."), comply with the measures prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | In cases of a railroad accident, etc., the driver and train crew of the relevant rolling stock shall not leave the scene of the railroad accident, etc., and conduct the follow-up measures prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That this shall not apply to cases specified by Ordinance of the Ministry of Land, Infrastructure and Transport, such as when transfer to a medical institution is required. |
[This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 41 (Railroad Workers Prohibited from Drinking Alcohol) |
| (1) | No railroad worker that performs duties prescribed by Presidential Decree, such as driving rolling stock and traffic control (including those on the job training) shall perform his/her duties under the influence of alcohol (referring to alcoholic beverages under subparagraph 1 of Article 3 of the Liquor Tax Act; hereinafter the same shall apply.) or drugs. <Amended by Act No. 12648, May 21, 2014> |
| (2) | When deemed necessary for railroad safety and prevention of danger or when there are reasonable grounds to recognize that the railroad worker has performed his/her duties under the influence of alcohol or drugs, the Minister of Land, Infrastructure and Transport, or the Mayor/Do Governor (limited to the urban railway under subparagraph 2 of Article 3 of the Urban Railroad Act, and the urban railway constructed and operated by a corporation entrusted with the construction and operation of the urban railway by a local government under Article 24 of the same Act; hereinafter the same shall apply in this Article, Articles 42, 45, 46 and 81 (2)) may check or examine whether the railroad worker has drunk alcohol or used drugs. In such cases, such railroad worker shall not refuse the check or examination conducted by the Minister of Land, Infrastructure and Transport or Mayor/Do Governor. <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act 12216, Jan. 7, 2014> |
| (3) | The criteria to determine whether a railroad worker has performed his/her duties under the influence of alcohol or drugs as a result of the check or examination pursuant to paragraph (2) shall be classified as follows: <Newly Inserted by Act No. 12648, May 21, 2014> |
| 1. | Alcohol : if the blood alcohol concentration is not less than 0.03 percent; |
| 2. | Drugs : if it is tested positive. |
| (4) | Matters necessary for the methods, procedures, etc. for the check or examination under paragraph (2) shall be prescribed by Presidential Decree. <Amended by Act No. 12648, May 21, 2014> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 42 (Prohibition against Carrying Harmful Goods) |
| (1) | No person shall carry goods or substances that compromise or are likely to compromise safety of the general public or passengers (hereinafter referred to as "harmful goods"), such as weapons, explosives, hazardous chemical substances, and highly inflammable substances, in the train, or load on the train: Provided, That the foregoing shall not apply where permission from the Minister of Land, Infrastructure and Transport or Mayor/Do Governor is obtained or it is required for performing specific duties prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013> |
| (2) | Detailed matters necessary for the kind of harmful goods, safety measures for cases where permission to carry or load harmful goods is obtained, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 43 (Prohibition of Consignment and Transportation of Dangerous Articles) |
No person shall consign dangerous articles prescribed by Presidential Decree, such as explosives to which chemical triggering ignition or explosion is attached, nitroglycerin, dry initial explosives and those belonging to mercury fulminate and lead azide, and no railroad operator shall transport them by railroad.
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 44 (Transportation of Dangerous Articles) |
| (1) | A railroad operator shall, when intending to transport dangerous articles prescribed by Presidential Decree by railroad, transport them after packing and loading them in a safe manner to prevent any danger and to protect human lives during transportation, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | A person consigning a dangerous article by railroad shall follow the safety measures, etc. of railroad operators for the safe transportation of the dangerous article. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 45 (Restricted Acts, etc. in Railroad Protection Zones) |
| (1) | A person who intends to engage in any of the following acts in an area (hereinafter referred to as "railroad protection zone") within 30 meters from the borderline of a railroad (referring to the last line of the outermost track) shall report it to the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor, as prescribed by Presidential Decree: <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013> |
| 1. | Changing the shape and quality of land and excavation; |
| 2. | Collecting soil, rocks, pebbles and sand; |
| 3. | New construction, remodelling, construction for expansion of buildings or installation of artificial structures; |
| 4. | Planting trees (limited to cases prescribed by Presidential Decree); |
| 5. | Other acts prescribed by Presidential Decree as likely to cause damage to railroad facilities or hinder the safe operation of rolling stock. |
| (2) | If deemed necessary for the safe operation of rolling stock and protection of railroads, the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor may issue an order to prohibit or restrict a person conducting any of the acts under paragraph (1) from doing the relevant acts, or order to take necessary measures prescribed by Presidential Decree. <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013> |
| (3) | If deemed necessary for the safe operation of rolling stock and protection of railroads, the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor may issue orders to the owner or occupant of land, trees, facilities, buildings, or other structures (hereinafter referred to as “the facility, etc.”) to take the following measures: <Newly Inserted by Act No. 12648, May 21, 2014> |
| 1. | If the facility, etc. obstructs the view, an order to remove the obstacle; |
| 2. | If the facility, etc. collapses and inflicts or feared to inflict harm to railroads, an order to remove the harm and, if necessary, install a prevention facility; |
| 3. | If the earth and sand, etc. are piled up on the railroads, or are likely to be piled up, an order to remove the earth and sand or install a prevention facility. |
| (4) | If necessary for the safe operation of rolling stock and protection of railroads, a railroad operator, etc. may request the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor to issue an order to prohibit or restrict the person from doing the relevant acts under paragraph (2) or (3) or order to take necessary measures. <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12648, May 21, 2014> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 46 (Compensation for Loss) |
| (1) | When there is anyone that sustains a loss due to an order for the prohibition or restriction of acts or for taking measures under Article 45 (2) or (3), the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or railroad operators, etc. shall compensate for the loss. <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12648, May 21, 2014> |
| (2) | With respect to the compensation for loss under paragraph (1), the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or railroad operators, etc. shall discuss matters with those sustaining a loss. <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 47 (Acts Prohibited in Passenger Trains) |
No passenger shall conduct any of the following acts in the passenger train: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. | Entering places prohibiting entry of passengers prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport without a justifiable cause; |
| 2. | Handling the equipment, instruments, etc. of rolling stock, such as pressing the emergency stop button during operation or opening the entrance doors on the sides of rolling stock, without justifiable cause; |
| 3. | Throwing away any object out of the passenger train, which may threaten the safety of those outside the passenger train; |
| 5. | Any behavior making railroad workers on duty, passengers, etc. feel sexually humiliated; |
| 6. | Other acts prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport as compromising safety of the general public and passengers. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 48 (Acts Prohibited for Protection of Railroads and Maintenance of Order) |
No person shall conduct any of the following acts which may hinder the protection of railroads and maintenance of order without justifiable cause: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. | Destroying railroad facilities or rolling stock to cause danger to the operation of rolling stock; |
| 2. | Throwing a stone or other dangerous things to rolling stock to cause danger to the operation of rolling stock; |
| 3. | Leaving things within three meters from the center of the track widthwise on either side to hinder the safe operation of rolling stock; |
| 4. | Piling explosives prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, highly flammable substances, etc. in facilities or areas prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as railroad bridges; |
| 5. | Passing over or entering railroad lines (excluding roads crossing with railroads), or railroad facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport without the permission of railroad operators, etc.; |
| 6. | Making noise, such as using violent language, or speaking or singing loudly in railroad facilities used by the public, such as station facilities or rolling stock; |
| 7. | Disposing, in railroad facilities, of any hazardous article prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or garbage which may hinder the operation of train; |
| 8. | Sleeping in station facilities or rolling stock; |
| 9. | Causing any hindrance to the operation of a train by getting on or off a moving train or obstructing the opening or closing of entrance doors without any justifiable reason; |
| 10. | Causing hindrance to the operation of a train by pressing an emergency stop button on a platform without any justifiable reason; |
| 11. | Other prohibited acts prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport as deemed necessary for the maintenance of order for the safety of the general public in railroad facilities or rolling stock. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 48-2 (Safety of Passengers, etc. and Security) |
| (2) | A special railroad judicial police officer may, where necessary for the execution of duties provided for in paragraph (1), use work apparatus such as handcuffs. |
| (3) | Matters necessary for the methods and procedures for the security check referred to in paragraph (1) as well as matters necessary for the kind of and usage standard for the work apparatus referred to in paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11476, Jun. 1, 2012]
| Article 49 (Observance of Directions of Railroad Workers on Duty) |
| (1) | A person using a train or railroad facility shall follow the directions of railroad workers on duty, which are given under this Act for the safety and protection of railroads and maintenance of order. |
| (2) | No person shall interfere with the execution of the duties of railroad workers by means of violence or intimidation. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 50 (Measure for Eviction of Persons or Articles) |
A railroad worker may evict or remove the following persons or articles out of trains or areas prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12648, May 21, 2014>
| 1. | A person carrying harmful goods in a passenger train in violation of Article 42, and the relevant harmful goods; |
| 2. | A person consigning or transporting any dangerous article which is prohibited from transportation, in violation of Article 43, and the relevant dangerous article; |
| 3. | A person failing to comply with an order for prohibition or restriction from doing acts or order for taking measures under Article 45 (2) and (3), and the relevant object; |
| 4. | A person committing any prohibited act in violation of Article 47, and the relevant object; |
| 5. | A person committing any prohibited act in violation of Article 48, and the relevant object; |
| 6. | A person failing to comply with the security check referred to in Articled 48-2; |
| 7. | A person failing to follow the directions by railroad workers on duty or interfering with the performance of a duty, in violation of Article 49. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
CHAPTER VI INVESTIGATION AND HANDLING OF RAILROAD ACCIDENTS
| Articles 51 through 59 Deleted. <by Act No. 7692, Nov. 8, 2005> |
| Article 60 (Measures to Be Taken When Railroad Accidents, etc. Occur) |
| (1) | When a railroad accident, etc. occurs, the relevant railroad operator, etc. shall take measures necessary to minimize damages to human lives and property and normalize train operation through relief of casualties, management of lost articles, transportation of passengers, restoration of railroad facilities, etc. <Amended by Act No. 13436, Jul. 24, 2015> |
| (2) | Matters necessary for the relief of casualties, transportation of passengers, restoration of railroad facilities, etc. when a railroad accident, etc. occurs shall be prescribed by Presidential Decree. |
| (3) | If deemed necessary after being reported on an accident pursuant to Article 61, the Minister of Land, Infrastructure and Transport may give railroad operators, etc. directions necessary for the settlement of the accident, etc. In such cases, the railroad operators, etc. shall, upon receipt of such directions, comply with them, except in extenuating circumstances. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 61 (Accident Report) |
| (1) | When a railroad accident, etc. prescribed by Presidential Decree occurs, such as an accident with a large number of casualties, a railroad operator, etc. shall immediately report it to the Minister of Land, Infrastructure and Transport as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | When a railroad accident, etc. other than the railroad accident, etc. referred to in paragraph (1) occurs, a railroad operator, etc. shall investigate the details of the accident as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and report the results thereof to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Articles 62 through 67 Deleted. <by Act No. 7692, Nov. 8, 2005> |
CHAPTER VII CONSTRUCTION OF FOUNDATION FOR RAILROAD SAFETY
| Article 68 (Promotion of Railroad Safety Technology) |
The Minister of Land, Infrastructure and Transport shall develop and implement measures necessary to promote technologies with respect to railroad safety, such as encouragement of research and development and propagation of the accomplishments thereof. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 69 (Fostering of Institutions, etc. Specializing in Railroad Safety) |
| (1) | The Minister of Land, Infrastructure and Transport shall guide and foster institutions or organizations specializing in railroad safety. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport shall prepare and promote measures for securing experts engaging in the areas of railroad safety (hereinafter referred to as “railroad safety experts”), as prescribed by Presidential Decree, such as safety inspection duties related to the construction, operation and management of railroad facilities. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport may certify the qualification of the railroad safety experts in accordance with the following classifications: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Railroad operational safety manager; |
| 2. | Railroad safety technical expert. |
| (4) | Matters necessary for the qualification standard and qualification certification procedures for the railroad safety experts by category as well as matters necessary for the safety education and training required to receive the qualification certification shall be prescribed by Presidential Decree. |
| (5) | The Minister of Land, Infrastructure and Transport may designate institutions (hereinafter referred to as “safety-specialized institution”) specializing in railroad safety, and allow such institutions to perform duties such as the nurturing of railroad safety experts and the management of their qualifications. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) | Matters necessary for the criteria and procedures for designating safety-specialized institutions shall be prescribed by Presidential Decree. |
| (7) | The provisions of Articles 15 (6) and 15-2 shall apply mutatis mutandis to the revocation of designation and suspension of service of safety-specialized institutions. In such cases, the "driver aptitude testing-institution" shall be construed as "safety-specialized institution", "driver aptitude testing duties" as "safety education and training duties", "Article 15 (5)" as "Article 69 (6)", and "pass/fail report of driver aptitude test” as "safety education and training certificate or qualification certificate", respectively. <Amended by Act No. 13436, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 70 (Propagation, etc. of Railroad Safety Knowledge) |
The Minister of Land, Infrastructure and Transport shall prepare and promote measures necessary for the propagation of knowledge on railroad safety and enhancement of consciousness of railroad safety. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 71 (Integrated Management, etc. of Railroad Safety Data) |
| (1) | In order to efficiently promote railroad safety measures under this Act, the Minister of Land, Infrastructure and Transport may comprehensively manage data on railroad safety, and provide it to the heads of relevant local governments, or railroad operators, etc., driver aptitude testing-institutions, traffic controller aptitude testing-institutions, driving education and training-institutions, traffic control education and training-institutions, safety-specialized institutions, and institutions or organizations entrusted with duties pursuant to Article 77 (2) (hereinafter referred to as "railroad-related institution, etc."). <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Amended by Act No. 13436, Jul. 24, 2015> |
| (2) | The Minister of Land, Infrastructure and Transport may request material from the heads of relevant local governments or the railroad-related institutions, etc. necessary for the comprehensive management of data under paragraph (1). In such cases, any person in receipt of such demand shall comply with it, except in extenuating circumstances. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 72 (Financial Support) |
The government may provide subsidies and other financial support to the following institutions or organizations: <Amended by Act No. 11591, Dec. 18, 2012; Act No. 13436, Jul. 24, 2015>
| 1. | Driver aptitude testing-institutions or traffic controller aptitude testing-institutions; |
| 2. | Driving education and training-institutions or traffic control education and training-institutions; |
| 3. | Safety-specialized institutions and organizations involved in railroad safety; |
| 4. | Institutions or organizations entrusted with duties pursuant to Article 77 (2). |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 72-2 (Support for Reconstruction or Improvement of Railway Bridges) |
| (1) | The State may partially subsidize expenses necessary for reconstructing or improving railway bridges to ensure railroad safety. |
| (2) | Matters necessary for the scope, conditions and ratio of support for reconstruction or improvement under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11193, Jan. 17, 2012]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 73 (Report and Inspection) |
| (1) | When falling under any of the following, the Minister of Land, Infrastructure and Transport or relevant local governments may order railroad-related institutions, etc. to report necessary matters or submit data, as prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
| 1. | Where it is necessary to establish or implement a comprehensive railroad safety plan or action plan; |
| 2. | Where it is necessary to conduct an inspection or check-up prescribed in Article 8 (2); |
| 3. | Where it is necessary to inspect the conduct of duties by driver aptitude testing-institutions, traffic controller aptitude testing-institutions, driving education and training-institutions, traffic control education and training-institutions, or safety-specialized institutions, or to verify whether such institutions comply with the criteria for designation; |
| 4. | Where it is necessary to examine whether a railroad operator, etc. complies with the obligation of managing railroad workers provided for in Article 21-2, 22-2, or 23 (3); |
| 5. | Where it is necessary to conduct an examination referred to in Article 38 (2); |
| 6. | Where it is necessary to examine the appropriateness of the grounds for suspending the operation of a train, in cases a railroad operator suspends the operation of a train temporarily pursuant to Article 40; |
| 7. | Where it is necessary to examine the appropriateness of the safety measures, etc. conducted by a railroad operator pursuant to Article 44 (2); |
| 8. | Where it is necessary to verify facts, etc. in relation to reports provided for Article 61; |
| 9. | Where it is necessary to establish measures provided for in Article 68, 69 (2), or 70; |
| 10. | Where it is necessary to determine subsidization of expenses pursuant to Article 72-2 (1). |
| (2) | In any case falling under subparagraphs of paragraph (1), the Minister of Land, Infrastructure and Transport or a related local government may allow the public officials under his/her control to enter the offices or business places of railroad-related institutions, etc. to ask questions to relevant persons or inspect documents. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
| (3) | A public official entering or inspecting pursuant to paragraph (2) shall carry a certificate showing his/her authority and present it to relevant persons, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Matters necessary for the certificate under paragraph (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| (1) | A person applying for education and training, a license, inspection, etc. under this Act shall pay a fee prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That in cases of the driver aptitude testing-institutions, traffic controller aptitude testing-institutions, driving education and training-institutions, traffic control education and training-institutions, and safety-specialized institutions (hereinafter referred to as "agency" in this Article) designated by the Minister of Land, Infrastructure and Transport under this Act or institutions entrusted with the duties pursuant to Article 77 (2) (hereinafter referred to as "entrusted institution" in this Article), fees determined by the agencies or entrusted institutions shall be paid to the agencies or entrusted institutions. <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
| (2) | When an agency or entrusted institution intends to determine a fee pursuant to the proviso to paragraph (1), it shall determine the criteria therefor and obtain approval thereof from the Minister of Land, Infrastructure and Transport therefor. The foregoing shall also apply to any intended modification of the approved matters. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
The Minister of Land, Infrastructure and Transport shall hold a hearing when rendering any of the following dispositions: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015>
| 1. | Revocation of approval for the safety management system under Article 9 (1); |
| 2. | Revocation of designation of driver aptitude testing-institutions under Article 15-2 (including cases applied mutatis mutandis under Article 16 (5), 21-6 (5), 21-7 (5), or 69 (7)); |
| 3. | Deleted; <by Act No. 13436, Jul. 24, 2015> |
| 4. | Cancellation or suspension of validity of a driver's license under Article 20 (1); |
| 4-2. | Cancellation or suspension of validity of certification of qualification as a traffic controller under Article 21-11 (1); |
| 5. | Revocation of formal approval under Article 26-2 (1) (including cases applied mutatis mutandis in Article 27 (4)); |
| 6. | Revocation of approval for a manufacturer under Article 26-7 (including cases applied mutatis mutandis in Article 27-2 (4)). |
[This Article Wholly Amended by Act No. 11591, Dec. 18, 2012]
| Article 76 (Legal Fiction of Public Officials in Application of Penalty Provisions) |
| 1. | Executive officers and employees of the driver aptitude testing-institutions engaging in the duties of administering a driver aptitude test, or executive officers and employees of the traffic controller aptitude testing-institutions engaging in the duties of administering a traffic controller aptitude test; |
| 2. | Executive officers and employees of the driving education and training-institutions engaging in the duties of providing driving education and training, or executive officers and employees of the traffic control education and training-institutions engaging in the duties of providing traffic control education and training; |
| 2-2. | Executive officers and employees of the safety-specialized institutions engaging in the duties of nurturing of railroad safety experts and managing their qualifications pursuant to Article 69 (5); |
| 3. | Executive officers and employees of the institutions or organizations related to the railroad safety engaging in the duties of entrustment pursuant to Article 77 (2). |
[This Article Wholly Amended by Act No. 11591, Dec. 18, 2012]
| Article 77 (Delegation and Entrustment of Authorities) |
| (1) | The Minister of Land, Infrastructure and Transport may partially delegate his/her authority under this Act to the head of the competent agency or Mayors/Do Governors, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may entrust part of his/her authority under this Act to institutions or organizations related to railroad safety as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
CHAPTER IX PENALTY PROVISIONS
| Article 78 (Penalty Provisions) |
| (1) | A person interfering with performance of the duties of a railroad worker by means of violence or intimidation in violation of Article 49 (2) shall be punished by imprisonment with labor for not exceeding five years or by a fine not exceeding 50 million won. <Amended by Act No. 11476, Jun. 1, 2012> |
| (2) | Any of the following persons shall be punished by imprisonment with labor not exceeding three years or by a fine not exceeding 30 million won: <Amended by Act No. 11591, Dec. 18, 2012; Act No. 13436, Jul. 24, 2015> |
| 1. | A person who has conducted the railroad operation or managed the railroad facilities without approval for the safety management system in violation of Article 7 (1); |
| 2. | A person who has manufactured a rolling stock without approval for a manufacturer of a rolling stock in violation of Article 26-3 (1); |
| 3. | A person who has manufactured railroad supplies without approval for a manufacturer of railroad supplies in violation of Article 27-2 (1); |
| 3-2. | A person who has caused the death or injury of persons or damage to rolling stock or railroad facilities by violating Article 40-2 (2) 2 or (3) when a railroad accident, etc. has occurred; |
| 4. | A person who has consigned or transported a dangerous article prohibited from consignment and transportation in violation of Article 43; |
| 5. | A person who has transported a dangerous article in violation of Article 44 (1); |
| 6. | A person who has conducted any of prohibited acts prescribed in subparagraphs 1 through 4 of Article 48. |
| (3) | Any of the following persons shall be punished by imprisonment with labor not exceeding two years or by a fine not exceeding 20 million won: <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
| 1. | A person who has obtained approval for the safety management system referred to in Article 7 (1) by fraud or other improper means; |
| 2. | A person who has caused an enormous and obvious trouble to the railroad operation or railroad facility management in violation of Article 8 (1); |
| 3. | A person who has received the designation referred to in Article 15 (4), 16 (3), 21-6 (3), 21-7 (3), or 69 (5) by false or other unjustifiable means; |
| 4. | A person who has performed the relevant duty during the period for suspension of service referred to in Article 15-2 (including cases applied mutatis mutandis under Article 16 (5), 21-6 (5), 21-7 (5) or 69 (7)); |
| 5. | A person who received the formal approval referred to in Article 26 (1) or Article 27 (1) by fraud or other improper means; |
| 6. | A person who has operated the rolling stock which has failed to obtain formal approval, in violation of Article 26 (5); |
| 7. | A person who has obtained approval for a manufacturer referred to in Article 26-3 (1) or Article 27-2 (1) by fraud or other improper means; |
| 8. | A person who is exempted from approval for a manufacturer referred to in Article 26-3 (3) (including cases applied mutatis mutandis in Article 27-2 (4)) by fraud or other improper means; |
| 9. | A person who has sold a rolling stock without undergoing an inspection of completion in violation of Article 26-6 (1); |
| 10. | A person who has manufactured a rolling stock or railroad supplies during the period for suspension of service referred to in Article 26-7 (1) 5 (including cases applied mutatis mutandis in Article 27-2 (4)); |
| 11. | A person who has used railroad supplies which have failed to receive formal approval for the rolling stock, railroad supplies, etc. in violation of Article 27 (3); |
| 12. | A person who has failed to comply with an order of suspension referred to in Article 32 (1); |
| 13. | A person who commenced a normal operating service of a railroad without conducting a comprehensive test run or reporting its results to the Minister of Land, Infrastructure and Transport in violation of Article 38 (1); |
| 14. | A person who has performed his/her duties under the influence of alcohol or drugs in violation of Article 41 (1); |
| 15. | A person who has failed to comply with the check or examination referred to in Article 41 (2); |
| 16. | A person who has carried or loaded harmful goods in violation of Article 42 (1) without justifiable cause; |
| 17. | A person who has failed to report in violation of Article 45 (1) or comply with an order referred to in paragraph (2) of the same Article; |
| 18. | A person who has committed an act, such as pressing the emergency stop button during operation or opening the entrance doors for getting on and off of rolling stock in violation of subparagraph 2 of Article 47. |
| (4) | Any of the following persons shall be punished by imprisonment with prison labor for not exceeding one year or by a fine not exceeding ten million won: <Amended by Act No. 11476, Jun. 1, 2012; Act No. 11591, Dec. 18, 2012; Act No. 13436, Jul. 24, 2015; Act No. 13807, Jan. 19, 2016> |
| 1. | A person who has driven rolling stock without a driver's license in violation of Article 10 (1) (including those whose driver's license is under cancellation or suspension under Article 20); |
| 2. | A person who has obtained a driver's license by fraud or other improper means; |
| 3. | A person who has engaged in driving rolling stock without completing on-the-job training in violation of Article 21; |
| 3-2. | A railroad operator, etc. who has allowed any person, who has not obtained driver’s license (including those whose driver's license is under cancellation or suspension under Article 20) or completed on-the-job training, to engage in driving rolling stock, in violation of Article 21-2; |
| 3-3. | A person who has engaged in the duty of traffic control without acquiring certification of qualification as a traffic controller (including those whose certification of qualification as a traffic operator is under cancellation or suspension under Article 22-11) in violation of Article 21-3; |
| 4. | A person who has engaged in the duty of traffic control without completing on-the-job training in violation of Article 22; |
| 4-2. | A railroad operator, etc. who has allowed a person, who has not acquired certification of qualification as a traffic controller (including those whose certification of qualification as a traffic controller is under cancellation or suspension under Article 21-11) or completed on-the-job training, to engage in the duty of traffic control, in violation of Article 22-2; |
| 5. | A person performing a duty referred to in paragraph (1) of Article 23 without undergoing the physical examination and aptitude test in violation of paragraph (1) of Article 23, or without passing the physical examination and aptitude test in violation of paragraph (3) of the same Article, and a person allowing such person to perform such duty; |
| 6. | A person who has sold a rolling stock or railroad supplies which have failed to receive formal approval referred to in Article 26 (1) or Article 27 (1); |
| 7. | A person who has falsely reported the results of a comprehensive test run in violation of Article 38 (1); |
| 8. | A person who has failed to comply with any direction referred to in Article 39-2 (1); |
| 9. | A person who has arbitrarily operated an image recording device for purposes other than the intended purposes of its installation, shot other locations, or used the image recording function during other than the period of train operation, in violation of Article 39-3 (3); |
| 10. | A person who has used recorded images for other than the intended purposes or provided the same to any other person, in violation of Article 39-3 (4); |
| 11. | A person who has failed to take measures necessary to ensure the safety of an image recording device, resulting in loss, theft, divulgence, alteration or damage of or to images recorded in the image recording device, in violation of Article 39-3 (5). |
| (5) | A person who has violated subparagraph 5 of Article 47 shall be punished by a fine not exceeding five million won. <Newly Inserted by Act No. 11476, Jun. 1, 2012> |
| Article 79 (Aggravated Punishment) |
| (1) | A person causing obstruction to the operation of a train by committing any crime under Article 78 (1), (3) 16 or 17 shall be punished aggravatingly by up to half the punishment prescribed for such crimes. <Amended by Act No. 11591, Dec. 18, 2012> |
| (2) | A person causing deaths or injuries by committing the crimes under Article 78 (3) 16 or 17 shall be punished by imprisonment with prison labor for not exceeding five years or by a fine not exceeding 50 million won. <Amended by Act No. 11591, Dec. 18, 2012; Act No. 13436, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 80 (Joint Penalty Provisions) |
When a representative of a corporation, or an agent, employee, or other servant of a corporation or individual commits any of the offences under Article 78 (2), Article 78 (3) (excluding subparagraph 16), Article 78 (4) (excluding subparagraph 2) or Article 79 (limited to cases where the offence subject to an aggravated punishment under Article 78 (3) 17 is committed) in connection with duties of the corporation or individual, not only the offender be punished but also the corporation or individual shall be punished by a fine under each relevant Article: Provided, That the foregoing shall not apply where the corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offence. <Amended by Act No. 11591, Dec. 18, 2012> [This Article Wholly Amended by Act No. 9610, Apr. 1, 2009]
| Article 81 (Administrative Fines) |
| (1) | The following persons shall be punished by an administrative fine not exceeding ten million won: <Amended by Act No. 11476, Jun. 1, 2012; Act No. 11591, Dec. 18, 2012; Act No. 13436, Jul. 24, 2015> |
| 1. | A person who has modified the safety management system without obtaining approval for modification of safety management system in violation of Article 7 (3) (including cases applied mutatis mutandis in Articles 26-8 and 27-2 (4)); |
| 2. | A person who has failed to comply with an order of taking corrective measures without any justifiable reason in violation of Article 8 (3) (including cases applied mutatis mutandis in Articles 26-8 and 27-2 (4)); |
| 3. | A person who has failed to return a driver’s license in violation of Article 20 (3) (including cases applied mutatis mutandis under Article 21-11 (2)); |
| 4. | A person who has failed to obtain approval for modification in violation of Article 26 (2) (including cases applied mutatis mutandis in Article 27 (4)); |
| 5. | A person who has failed to make a report as prescribed in Article 26-5 (2) (including cases applied mutatis mutandis in Article 27-2 (4)); |
| 6. | A person who has failed to indicate formal approval in violation of Article 27-2 (3); |
| 7. | A person who has refused, hindered, or evaded an investigation, inspection, collection, etc. in violation of Article 31 (2); |
| 8. | A person who has failed to submit a plan on corrective measures, or failed to report on the status of progress of the corrective measures in violation of Article 32 (2) or (4); |
| 9. | A person who has failed to comply with the orders for improvement and correction referred to in Article 38 (2); |
| 10. | A person who has failed to conform to safety measures referred to in Article 39-2 (3); |
| 11. | A person who has committed a prohibited act in a passenger train in violation of subparagraph 1, 3, 4 or 6 of Article 47; |
| 12. | A person who has entered or passed a railroad track (excluding a road crossed with a rolling stock) or railroad facilities without permission in violation of subparagraph 5 of Article 48; |
| 13. | A person who has dumped hazardous articles or filth to railroad facilities or caused disruption to the railroad operation in violation of subparagraph 7, 9 or 10 of Article 48; |
| 14. | A person who has failed to conform to the directions of railroad workers on duty in violation of Article 49 (1); |
| 15. | A person who has failed to report as referred to in Article 61 (1) and (2), or has reported thereon falsely; |
| 16. | A person who has failed to report as referred to in Article 73 (1), or has reported thereon falsely; |
| 17. | A person who has refused, hindered, or evaded the submission of data referred to in Article 73 (1); |
| 18. | A person who has refused, hindered, or evaded the entrance and inspection of the relevant public officials as referred to in Article 73 (2). |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Newly Inserted by Act No. 13436, Jul. 24, 2015> |
| 1. | A person who has modified the safety management system without reporting thereon (including cases applied mutatis mutandis under Articles 26-8 and 27-2 (4)), in violation of Article 7 (3); |
| 2. | A person who has failed to report modifications (including cases applied mutatis mutandis under Article 27 (4)), in violation of Article 26 (2). |
| (3) | A person who has violated any of the requirements specified in Article 40-2 shall be punished by an administrative fine not exceeding three million won. <Newly Inserted by Act No. 13436, Jul. 24, 2015> |
| (4) | A person who has failed to comply with an order for taking measures in violation of Article 45 (3) shall be punished by an administrative fine not exceeding half a million won: <Newly Inserted by Act No. 12648, May 21, 2014; Act No. 13436, Jul. 24, 2015> |
| (5) | Administrative fines referred to in paragraphs (1) through (4) shall be collected by the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor (limited to cases falling under subparagraphs 11 through 14 and 16 and 17 of the paragraph (1) of this Article), as prescribed by Presidential Decree. <Amended by Act No. 11476, Jun. 1, 2012; Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12648, May 21, 2014; Act No. 13436, Jul. 24, 2015> |
ADDENDA
Article 1 (Enforcement Date)
Article 2 (Applicability to Safety Standards for Railroad Facilities)
The safety standards for railroad facilities referred to in Article 25 (1) shall apply from the facility that first embarks on basic design after this Act enters into force. Article 3 (Applicability to Safety Standards for Rolling Stock)
Article 26 (1) shall apply from the rolling stock the purchase contract of which is established first after this Act enters into force. Article 4 (General Transitional Measures concerning Railroad Safety)
Any activity that is conducted by or to an administrative organ in accordance with the provisions of the previous Railroad Act as at the time this Act enters into force shall be deemed an activity committed by or to the administrative organ under this Act. Article 5 (Transitional Measures concerning Safety Management Regulations)
Any person conducting the duty to operate railroads or manage railroad facilities in accordance with relevant Acts as at the time this Act enters into force shall establish the safety management regulations referred to in Article 7 within one year after this Act enters into force and obtain approval from the Minister of Construction and Transportation therefor. Article 6 (Transitional Measures concerning Contingency Plan)
Any person conducting the duty to operate railroads or manage railroad facilities in accordance with relevant Acts as at the time this Act enters into force shall establish the contingency plan referred to in Article 8 within one year after this Act enters into force and obtain approval from the Minister of Construction and Transportation therefor. Article 7 (Transitional Measures concerning Driver's License)
| (1) | Any person satisfying the requirements determined by Presidential Decree on July 1, 2006 shall be deemed to have obtained the driver's license referred to in Article 10. |
| (2) | Any person falling under paragraph (1) shall apply for the issuance of a driver's license to the Minister of Construction and Transportation within one year from July 1, 2006 as prescribed by Presidential Decree. |
Article 8 (Transitional Measures concerning Requirements for Conduct of Duty of Driving and Traffic Control)
| (1) | Any person satisfying the requirements prescribed by Presidential Decree on July 1, 2006 shall be deemed to satisfy requirements necessary for driving under Article 21 (1). |
| (2) | Those engaging in the duty of traffic control on July 1, 2006 and those who have a record to have engaged in the duty of traffic control for at least one year within five years before the date on which this Act enters into force shall be considered to satisfy requirements necessary for conducting the duty of traffic control referred to in Article 22. |
Article 9 (Transitional Measures concerning Physical Examination and Aptitude Test)
Railroad workers under Article 23 (1) on July 1, 2006 shall be deemed to have received the first physical examination and aptitude test under the same Article, notwithstanding the provisions of the same Article. Article 10 (Transitional Measures concerning Quality Certification of Railroad Supplies)
Any goods that are designated as quality-guaranteed goods by the head of the National Railroad Administration before this Act enters into force shall be deemed to have obtained quality certification from the Minister of Construction and Transportation under this Act.
Article 11 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
In applying penalty provisions and administrative fines to acts committed before this Act enters into force, the provisions of the previous Railroad Act shall prevail. Article 12 Omitted.
Article 13 (Relationship with Other Statutes)
Where other statutes quoted the previous Railroad Act or any provision of the previous Railroad Act as at the time this Act enters into force, if there is any provision corresponding thereto in this Act, they shall be considered to have quoted this Act or the relevant provisions of this Act.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7692, Nov. 8, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force eight months after its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8486, May 25, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9610, Apr. 1, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 11193, Jan. 17, 2012>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11476, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Medical Institutions for Conducting Physical Examination)
The amended provisions of Article 12 (2) shall be applied starting with a person who receives a physical examination first after this Act enters into force. Article 3 (Transitional Measures concerning Railroad Safety Experts, etc.)
A person who has been granted the qualification as a railroad safety expert or has been designated as an institution or organization specializing in railroad safety in accordance with the former provisions at the time when this Act enters into force shall be deemed as having been granted the qualification under the amended provision of Article 69 (3) or as having been designated as an institution specializing in safety under paragraph (5) of the same Article. Article 4 Omitted.
ADDENDA <Act No. 11591, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year and three months after the date of its promulgation.
Articles 2 (Applicability to Inspection of Completion of Rolling Stock)
The amended provisions of Article 26-6 shall apply to rolling stock which has been manufactured after obtaining formal approval after this Act enters into force. Articles 3 (Applicability to Hearings)
The amended provisions (limited to the suspension of effectiveness) of subparagraph 4 of Article 75 shall apply to the suspension of validity of a driver’s license after this Act enters into force. Articles 4 (Transitional Measures concerning Approval for Safety Management Regulation, etc.)
| (1) | Any railroad operator, etc. who has obtained approval for the safety management regulation and emergency response plan pursuant to the previous regulations as at the time when this Act enters into force shall be deemed to have received approval for safety management system under the amended provisions of Article 7 (1). Provided, That he/she shall obtain approval from the Minister of Land, Infrastructure and Transport after satisfying the standards for safety management system within one year after this Act enters into force. |
| (2) | In cases where the modification procedures for the safety management regulation and emergency response plan are in progress pursuant to the latter part of Article 7 (1) and the latter part of Article 8 (1), the previous provisions shall apply. |
Article 5 (Transitional Measures concerning Safety Standards for Railroad Facilities and Rolling Stock)
The railroad facilities or rolling stack which have been installed or manufactured in accordance with the previous safety standards as at the time when this Act enters into force shall be deemed to meet the technical standards pursuant to the amended provisions of Article 25 (1) and Article 26 (3). Article 6 (Transitional Measures concerning Performance Tests and Manufacture Test, etc. of Rolling Stock)
| (1) | The rolling stock (including rolling stock which has passed its test in accordance with paragraph (2) of this Article) which has passed a performance test and manufacture test pursuant to the previous Articles 35 and 36 as at the time when this Act enters into force shall be deemed to have received formal approval and an inspection of completion pursuant to the amended provisions of Articles 26 (1) and 26-6. |
| (2) | In cases where the performance test and manufacture test of rolling stock pursuant to the previous Articles 35 and 36 as at the time when this Act enters into force are in progress, the previous provisions shall apply. |
| (3) | A person who is manufacturing rolling stock which has passed a performance test and manufacture test pursuant to the previous Article 35 and Article 36 as at the time when this Act enters into force shall be deemed to have obtained approval for a manufacturer of rolling stock pursuant to the amended provisions of Article 26-3 (1): Provided, That he/she shall obtain approval for a manufacturer of rolling stock meeting the standards for quality control systems of rolling stock within one year after this Act enters into force. |
Article 7 (Transitional Measures concerning Quality Certification, etc. of Railroad Supplies)
| (1) | Railroad supplies (including railroad supplies whose quality has been certified in accordance with paragraph (2) of this Article) which have obtained a quality certification pursuant to the previous Articles 27 and 28 as at the time when this Act enters into force shall be deemed to have obtained formal approval for railroad supplies pursuant to the amended provisions of Article 27 (1). |
| (2) | In cases where the procedures for quality certification for railroad supplies pursuant to the previous Articles 27 and 28 are in progress as at the time when this Act enters into force, the previous provisions shall apply. |
| (3) | The mark of quality certification indicated in railroad supplies pursuant to the previous Article 27 (2) as at the time when this Act enters into force shall be deemed a mark of formal approval pursuant to the amended provisions of Article 27-2 (3) during a period prescribed by Presidential Decree for each type of railroad supplies after this Act enters into force. |
| (4) | A manufacturer of railroad supplies (including the case having succeeded to the status of a manufacturer of railroad supplies under Article 9 of the Addenda) who has obtained the quality certification pursuant to the previous provisions as at the time when this Act enters into force shall be deemed to have obtained approval for a manufacturer of rolling stock pursuant to the amended provisions of Article 27-2 (1): Provided, That he/she shall obtain approval for a manufacturer of railroad supplies meeting the standards for quality control system of rolling stock within one year after this Act enters into force. |
Article 8 (Transitional Measures concerning Grounds for Disqualification)
| (1) | The amended provisions of Article 26-4 (including cases applied mutatis mutandis in the amended provisions of Article 27-2 (4)) shall not apply to a person who is deemed to have obtained approval for a manufacturer of rolling stock and railroad supplies in accordance with the main body of Article 6 (3) of Addenda and the main body of Article 7 (4) of Addenda for three years after this Act enters into force. |
| (2) | An incompetent person under the adult guardianship pursuant to the amended provisions of subparagraph 1 of Article 26-4 (including cases applied mutatis mutandis in the amended provisions of Article 27-2 (4)) shall be deemed to include a person declared incompetent or quasi-incompetent under Article 2 (2) of the Addenda to the Civil Act by Act No. 10429. |
Article 9 (Transitional Measures concerning Succession)
In cases where the procedures for succession to the status of a person who manufactures railroad supplies that have received quality certification pursuant to the previous Article 29 are in progress as at the time when this Act enters into force, the previous provisions shall apply: Provided, that Article 26-5 (3) shall apply to a person who has succeeded to the status. Article 10 (Transitional Measures concerning Follow-up Management, etc. of Quality Certification)
| (1) | In cases where measures for follow-up management of quality certification pursuant to the previous Article 31 are in progress as at the time when this Act enters into force, the previous provisions shall apply. |
| (2) | In cases where procedures for removal, suspension, suspension of sale, etc. regarding the mark of railroad supplies that have obtained quality certification pursuant to the previous provisions are in progress as at the time this Act enters into force, the procedures under the amended provisions of Article 32 (1) shall be deemed to be in progress. In such cases, the amended provisions of Article 32 (2) through (4) shall not apply. |
| (3) | In cases where procedures for revocation or hearing of the quality certification regarding railroad supplies that have obtained quality certification are in progress pursuant to the previous Article 33 and subparagraph 5 of Article 75 as at the time when this Act enters into force, the previous provisions shall apply. |
Article 11 (Transitional Measures concerning Service Life of Rolling Stock)
With respect to the durability life of rolling stock operating as at the time when this Act enters into force, the previous Article 37 shall apply until before obtaining approval for its safety management system pursuant to the proviso to Article 4 (1) of the Addenda.
Article 12 (Transitional Measures concerning Comprehensive Test Run)
In cases where procedures for the comprehensive test run are in progress pursuant to the previous Article 38 as at the time this Act enters into force, the previous provisions shall apply.
Article 13 (Transitional Measures concerning Operation of Rolling Stock)
The standard, procedure, etc. necessary for the safe operation of rolling stock which has been implemented pursuant to the previous provisions as at the time when this Act enters into force shall be deemed to be the railroad traffic control pursuant to the amended provisions of Article 39-2 (1). Article 14 (Transitional Measures concerning Fees)
In cases where procedures for the performance test, manufacture test, quality certification, and thorough examination pursuant to Articles 6 (2), 7 (2), and 11 of the Addenda are in progress as at the time when this Act enters into force, fees for the relevant procedures shall be governed by the previous provisions, notwithstanding the amended provisions of Article 74 (1). Article 15 (Transitional Measures concerning Penalty Provisions)
When the penalty provisions (including administrative fines) are applied to offences committed prior to the enforcement of this Act, the previous provisions shall apply.
Article 16 Omitted.
Article 17 (Transitional Measures concerning Amendment of Other Acts)
| (1) | An operator of urban railroad pursuant to subparagraph 7 of Article 3 of the Urban Railroad Act as at the time when this Act enters into force shall be deemed to have obtained approval for safety management system pursuant to the amended provisions of Article 7 (1): Provided, that he/she shall obtain approval from the Minister of Land, Infrastructure and Transport after meeting the standards for safety management system within one year after this Act enters into force. |
| (3) | A person who is manufacturing or assembling an urban rolling stock pursuant to Article 22 (1) of the previous Urban Railroad Act as at the time when this Act enters into force shall be deemed to have obtained approval for a manufacturer of rolling stock pursuant to the amended provisions of Article 26-3 (1): Provided, that he/she shall obtain approval from the Minister of Land, Infrastructure and Transport after satisfying the standards for the quality control system of rolling stock within one year after this Act enters into force. |
| (4) | The railroad facilities and rolling stock which have been installed and manufactured pursuant to Article 22-2 of the previous Urban Railroad Act as at the time when this Act enters into force shall be deemed to have been installed and manufactured by satisfying the technical standards pursuant to the amended provisions of Article 25 (1) and Article 26 (3). |
| (5) | Urban rolling stock which has passed the performance test pursuant to Article 22-3 (1) of the previous Urban Railroad Act as at the time when this Act enters into force shall be deemed to have obtained formal approval and received a completion test pursuant to the amended provisions of Articles 26 (1) and 26-6. |
| (6) | A manufacturer of urban railroad supplies who has received a quality certification pursuant to Article 22-4 (1) of the previous Urban Railroad Act as at the time when this Act enters into force shall be deemed to have obtained approval for a manufacturer of rolling stock pursuant to the amended provisions of Article 27-2 (1): Provided, that he/she shall obtain approval from the Minister of Land, Infrastructure and Transport by satisfying the standards for the quality control system of railroad supplies within one year after this Act enters into force. |
| (7) | Urban railroad supplies which have received quality certification pursuant to Article 22-4 (1) of the previous Urban Railroad Act as at the time when this Act enters into force shall be deemed to have received formal approval pursuant to the amended provisions of Article 27 (1). In such cases, the effective period of the relevant formal approval shall be governed by the previous provisions. |
| (8) | In cases where procedures for the performance test pursuant to Article 22-3, the quality certification pursuant to Article 22-4, and the thorough examination pursuant to Article 22-5 of the previous Urban Railroad Act are in progress as at the time when this Act enters into force, the previous provisions shall apply, notwithstanding the relevant amended provisions. In such cases, fees shall be governed by Article 23-2 (1) of the previous Urban Railroad Act. |
| (9) | With respect to the durability life for use of the urban rolling stock as at the time when this Act enters into force, Article 22-5 of the previous Urban Railroad Act shall apply until the safety management system is approved in accordance with the proviso to paragraph (1). |
| (10) | In cases where penalty provisions are applied to violations of the previous Urban Railroad Act before the enforcement of this Act, the previous provisions shall apply. |
Article 18 (Relationship with Other Statutes)
Where any provision of the previous Railroad Safety Act is cited or applied mutatis mutandis in other Statutes as at the time this Act enters into force, the corresponding provisions, if any, of this Act shall be deemed to have been cited or been applied mutatis mutandis in lieu of the previous provisions.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12024, Aug. 6, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12216, Jan. 7, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 12648, May 21, 2014>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of subparagraph 1 of Article 11 and Article 41 shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12992, Jan. 6, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13436, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force two years after the date of its promulgation: Provided, That the amended provisions of Articles 20 (1) 7 and 73 (1) and (2), subparagraph 2-2 of Article 76, and Article 81 (2), (4), and (5) shall enter into force on the date of its promulgation, and the amended provisions of subparagraph 10 of Article 2, Articles 20 (1) 5-2, 40-2, 60 (1), 78 (2) 3-2, and 79 (2) shall enter into force one year after the date of its promulgation. Article 2 (Applicability to Grounds for Disqualification from Obtaining Certification of Qualification as Traffic Controller)
The amended provisions of Article 21-4 shall also apply to those who have completed professional education and training programs prescribed in the former provisions of Article 22 (1) as at the time this Act enters into force. Article 3 (Transitional Measures concerning Certification of Qualification as Traffic Controller, etc.)
| (1) | A person who has passed the physical examination or aptitude test pursuant to the former provisions of Article 22 (1) as at the time this Act enters into force shall be deemed to have passed the physical examination referred to in the amended provisions of Article 21-5 (1) or the traffic controller aptitude test referred to in the amended provisions of Article 21-6 (1), respectively. |
| (2) | A person who has completed professional education and training programs prescribed in the former provisions of Article 22 (1) as at the time this Act enters into force shall be deemed to have acquired certification of qualification as a traffic controller under the amended provisions of Article 21-3. |
| (3) | A person who has completed on-the-job training and education pursuant to the former provisions of Article 22 (1) as at the time this Act enters into force shall be deemed to have completed the on-the-job training on traffic control prescribed in the amended provisions of Article 22. |
| (4) | With respect to a person undergoing professional education and training programs or on-the-job training and education pursuant to the former provisions of Article 22 (1) as at the time this Act enters into force, when such person has completed such professional education and training programs or on-the-job training and education, he/she shall be deemed to have completed the traffic control education and training prescribed in the amended provisions of Article 21-7 (1) or the on-the-job training on traffic control prescribed in the amended provisions of Article 22, respectively. |
| (5) | Notwithstanding paragraph (2), in the case of a person who has no experience or less than two years of experience in conducting the duty of traffic control, among those who have completed professional education and training programs as at the time this Act enters into force, such person shall be deemed to have acquired certification of qualification as a traffic controller pursuant to the same paragraph when he/she passes the examination for certification of qualification as a traffic controller within two years after this Act enters into force: Provided, That a person who has completed the on-the-job training and education pursuant to the former provisions of Article 22 (1) may be partially exempted from the examination for certification of qualification as a traffic controller, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (6) | Matters necessary for the issuance, procedures, etc. for a certificate of qualification as a traffic controller for a person who is deemed to have acquired certification of qualification as a traffic controller shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
Article 4 Omitted.
ADDENDUM <Act No. 13807, Jan. 19, 2016>
This Act shall enter into force one year after the date of its promulgation.