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ACT ON THE MAINTENANCE AND IMPROVEMENT OF ROAD NETWORKS IN AGRICULTURAL AND FISHING VILLAGES

Act No. 4416, Dec. 14, 1991

Amended by Act No. 4604, Dec. 27, 1993

Act No. 4796, Dec. 22, 1994

Act No. 5453, Dec. 13, 1997

Act No. 5454, Dec. 13, 1997

Act No. 5650, Jan. 21, 1999

Act No. 5893, Feb. 8, 1999

Act No. 5911, Feb. 8, 1999

Act No. 5914, Feb. 8, 1999

Act No. 6564, Dec. 31, 2001

Act No. 6654, Feb. 4, 2002

Act No. 6656, Feb. 4, 2002

Act No. 6841, Dec. 30, 2002

Act No. 7230, Oct. 16, 2004

Act No. 7678, Aug. 4, 2005

Act No. 8338, Apr. 6, 2007

Act No. 8352, Apr. 11, 2007

Act No. 8819, Dec. 27, 2007

Act No. 8852, Feb. 29, 2008

Act No. 8927, Mar. 21, 2008

Act No. 8976, Mar. 21, 2008

Act No. 9090, jun. 5, 2008

Act No. 9568, Apr. 1, 2009

Act No. 10272, Apr. 15, 2010

Act No. 10331, May 31, 2010

Act No. 10599, Apr. 14, 2011

Act No. 11690, Mar. 23, 2013

Act No. 11779, May 22, 2013

Act No. 12248, Jan. 14, 2014

Act No. 12793, Oct. 15, 2014

Act No. 13828, Jan. 27, 2016

Act No. 14614, Mar. 21, 2017

Act No. 14839, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Act is to contribute to improving the living environment in agricultural and fishing villages and to the revitalization of the rural economy through the improvement of residents’ transportation convenience in agricultural and fishing villages and of the production and distribution of agricultural and fishery products by prescribing matters concerning the opening, widening, paving, and conservation of roads in agricultural and fishing villages.
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 2 (Definitions of Roads in Agricultural and Fishing Villages)
(1) "Road in agricultural and fishing villages" in this Act means a road not prescribed by the Road Act (only applicable to a road in the area of an Eup/Myeon) and officially announced pursuant to Articles 4 and 6 among public roads commonly used to ensure a convenient transportation and the smooth operation of production and distribution activities, etc. of residents in agricultural and fishing villages.
(2) A road in agricultural and fishing villages (hereinafter referred to as "road") shall include facilities or artificial structures prescribed by Presidential Decree that enable roads to serve the function thereof.
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 3 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 14614, Mar. 21, 2017>
1. The term "road network" means a road system formed by Eup/Myeon unit;
2. The term "road appurtenances" means any of the following facilities or artificial structures necessary for maintaining roads:
(a) The point where mile posts start, a milepost and traffic or road sign;
(b) A guard rail, roadside tree or road lamp installed or planted by the head of a Gun (including the head of a Si in an urban and rural complex form, a Special Self-Governing City Mayor, and a Special Self-Governing Province Governor; hereinafter the same shall apply);
(c) A parking lot abutting a road and a storage yard for materials used in repairing roads that are installed by the head of a Gun;
(d) Others prescribed by Presidential Decree;
3. The term "other artificial structures" means any of the following artificial structures that combine the utility thereof with a road:
(a) An embankment;
(b) Revetment;
(c) A bridge for a railroad or track;
(d) A pedestrian crossing (including an underpass);
(e) An overbridge, etc.
4. The term "road maintenance and improvement" means the opening, widening, paving, maintenance and management of roads.
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 4 (Types of Roads, Standards for Facilities, etc.)
(1) Roads prescribed in this Act shall be classified into a Myeon road, a Ri road and a farm road.
(2) Functions of each type of roads under paragraph (1) shall be as follows: <Amended by Act No. 12248, Jan. 14, 2014>
1. Myeon road: A main road in the area of an Eup/Myeon connected to a Gun road under subparagraph 6 of Article 10 of the Road Act and a road whose grade is higher than that (hereinafter referred to as "road whose grade is higher than a Gun road");
2. Ri road: A road branching out from a road whose grade is higher than a Gun road or Myeon road and connecting villages or connected to an important industrial complex, etc.;
3. Farm road: A road connected to farm land, etc., and commonly and directly used for production activities of farmers and fishermen.
(3) Matters necessary for the structure of a road and facilities standards shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul, 26, 2017>
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 5 (Road Maintenance and Improvement)
(1) Unless otherwise expressly provided for in this Act or other Acts, the head of a Gun shall perform the maintenance and improvement of a road.
(2) Where a person other than the head of a Gun intends to perform the maintenance and improvement of a road, he/she shall obtain permission from the head of a Gun, as prescribed by Presidential Decree.
(3) Where the head of a Gun implements a project to improve road structures, such as straightening roads, in order to ensure that vehicles and pedestrians can use roads in a more convenient way, the Minister of the Interior and Safety, a Metropolitan City Mayor, or a Do governor (hereinafter referred to as “Mayor/Do Governor”) may subsidize expenses incurred for implementing such project, as prescribed by Presidential Decree or municipal ordinance of the relevant Metropolitan City or Do (hereinafter referred to as “City/ Do”) <Newly Inserted by Act No. 14614, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 6 (Formulation of Master Plan for Roads)
(1) The head of a Gun shall formulate a master plan for roads (hereinafter referred to as "master plan") that will serve as a guide for the long-term development of roads within his/her jurisdiction with priority given to Si roads (referring to roads of a Si in an urban and rural complex form, roads of a Special Self-Governing City, and roads of an administrative city under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City) and roads whose grade is higher than Gun roads, In such cases, if deemed necessary, the head of the Gun may hear the opinion of the competent Mayor/Do Governor or the head of a neighbouring Gun.
(2) A master plan shall include the following matters:
1. Construction of a road network in line with the development trends in agricultural and fishing villages;
2. A road maintenance plan to improve the living environment and increase the income of residents in agricultural and fishing villages;
3. Connection to roads whose grade is higher than Gun roads to improve convenience for residents’ lives and distribute agricultural and fishery products effectively;
4. Matters concerning the maintenance and management of facilities and prevention of disasters;
5. Matters concerning mid- and long-term financial investment to construct new roads or implement other road projects;
6. Matters concerning a higher-level plan formulated under the Framework Act on the National Land and any other Act;
7. Matters concerning a development plan of the relevant region and neighbouring local governments formulated under other Acts;
8. Other matters prescribed by Presidential Decree.
(3) Where the head of a Gun formulates a master plan under paragraph (1), he/she shall publicly notify the details thereof in the official gazette.
(4) Where the head of a Gun formulates various regional development plans, such as a traffic plan, he/she shall formulate them based on a master plan.
(5) Where deemed necessary due to a change in other development plans or any other reason, the head of a Gun may amend a master plan formulated under paragraph (1). In such cases, he/she shall publicly notify the details of amendments in the official gazette.
(6) Procedures for formulating a master plan and other matters necessary to formulate such plan shall be prescribed by Ordinance of the Ministry the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 14614, Mar. 21, 2017]
 Article 7 (Formulation of Road Maintenance and Improvement Plans)
(1) The head of a Gun shall formulate a road maintenance and improvement plan (hereinafter referred to as "maintenance and improvement plan") every five years according to a master plan.
(2) A maintenance and improvement plan shall include the following matters: <Amended by Act No. 14614, Mar. 21, 2017>
1. The objectives and the basic direction-setting for road maintenance and improvement;
2. Annual plans for road projects;
3. Matters concerning the plans referred to in subparagraphs of Article 6 (2) 6 and 7;
4. Other matters prescribed by Presidential Decree.
(3) Where the head of a Gun has formulated a maintenance and improvement plan pursuant to paragraph (1), he/she shall publicly announce the plan as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14614, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017>
(4) A maintenance and improvement plan may be amended, as prescribed by Presidential Decree. In such cases, paragraphs (2) and (3) shall apply mutatis mutandis thereto.
(5) Procedures for formulating a maintenance and improvement plan, and other matters necessary to formulate such plan shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14614, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 8 (Formulation of Plans for Road Projects)
(1) The head of a Gun shall formulate a plan for road projects (hereinafter referred to as "project plan") for the following year by October 31 each year according to a maintenance and improvement plan, and such project plan shall include the following matters:
1. Matters concerning an annual project plan included in a maintenance and improvement plan;
2. A scheme to finance the implementation of road projects;
3. Matters concerning designation of the route of a road under Article 9.
(2) The head of a Gun shall appropriate project costs for implementing a project plan formulated pursuant to paragraph (1) in the budget.
(3) Matters necessary for the formulation of and procedures for a project plan shall be prescribed by Ordinance of the Minister of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 14614, Mar. 21, 2017]
 Article 9 (Designation of Route of Roads)
(1) The head of a Gun shall designate the route of a road, the project plan of which has been determined pursuant to Article 8.
(2) Where the head of a Gun designates the route pursuant to paragraph (1), when he/she needs to connect the route to a road in the jurisdiction of a neighboring Gun (including a Si in an urban and rural complex form, a Special Self-Governing City, and a Special Self-Governing Province; hereinafter the same shall apply), he/she may designate the route of a road extended to outside his/her jurisdiction in consultation with the head of the relevant Gun, as prescribed by Presidential Decree. <Amended by Act No. Mar. 21, 2017>
(3) Where the head of a Gun fails to conduct consultations under paragraph (2), he/she may file an application for adjudication with any of the following relevant persons: <Amended by Act No. 14614, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017>
1. Where a consultation is not conducted between the heads of Guns under the jurisdictions of different Metropolitan Cities, Special Self-Governing Cities, Dos, or Special Self-Governing Provinces: The Minister of the Interior and Safety;
2. Where a consultation is not conducted between the heads of Guns under the jurisdiction of the same City/Do: Competent Mayor/Do Governor.
(4) Where the Minister of the Interior and Safety and competent Mayor/Do Governor makes adjudication under paragraph (3), the consultation under paragraph (2) shall be deemed to have been conducted. <Amended by Act No. 14614, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017>
(5) Where the head of a Gun designates any route pursuant to paragraph (1) or (2), he/she shall publicly announce such fact and make the route available for public perusal, as prescribed by Ordinance of the Ministry of the Interior and Safety. The same shall also apply to changes made to the designated route. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 10 (Closure or Change of Roads)
The head of a Gun may close or change all or part of a road, the route of which has been designated pursuant to Article 9. In such cases, the head of the Gun shall publicly notify matters concerning the closure or change of the road in the official gazette, and where such road is connected with roads in a neighbouring Gun, he/she shall notify the head of the competent Gun of such matters. <Amended by Act No. 14614, Mar. 21, 2017>
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 11 (Orders to Perform Works to Managers of Other Artificial Structures)
In cases of a road also utilized as another artificial structure, the head of a Gun may have the manager of the other artificial structure perform road improvement or road maintenance.
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 12 (Approval, Permission, etc. Deemed Granted under Other Acts)
(1) Where the head of a Gun has designated and publicly announced the route of a road pursuant to Article 9, he/she shall be deemed to have obtained permission, a license, a decision, authorization or approval, or have filed a report under any of the following: <Amended by Act No. 10272, Apr. 15, 2010; Act No. 10331, May 31, 2010; Act No. 10599, Apr. 14, 2011; Act No. 11779, May 22, 2013>
1. Permission to execute river works under Article 30 of the River Act, permission to occupy and use a river under Article 33 of the said Act and permission to use river water under Article 50 of the said Act;
2. Permission to occupy and use, or use public waters under Article 8 of the Public Waters Management and Reclamation Act, approval for or reporting on an implementation plan for the occupation and use, or the use of public waters under Article 17 of the said Act, and a license to reclaim public waters under Article 28 of the said Act;
3. Deleted; <by Act No. 10272, Apr. 15, 2010>
4. Permission for or reporting on the conversion of a mountainous district under Articles 14 and 15 respectively of the Mountainous Districts Management Act, permission for or reporting on a temporary use of a mountainous district under Article 15-2 of the said Act, permission for or reporting on cutting of standing timber, etc. under Article 36 (1) and (4) of the Creation and Management of Forest Resources Act, permission for or reporting on activities within the forest conservation zone (excluding conservation zones for forest gene resources) under Article 9 (1) and subparagraphs 1 and 2 of Article 9 (2) of the Forest Protection Act;
5. Permission to cut standing timber, bamboo, etc. under Article 14 of the Erosion Control Work Act;
6. A decision on urban and Gun management planning under Article 30 of the National Land Planning and Utilization Act (limited to a decision on urban and Gun planning concerning roads among facilities referred to in subparagraph 6 (a) of Article 2 of the said Act), permission to engage in development activities under Article 56 of the said Act and authorization of an implementation plan under Article 88 of the said Act;
7. Permission to convert farmland under Article 34 (1) of the Farmland Act.
(2) Where the head of a Gun intends to perform or permit road maintenance and improvement works, if any matter referred to in each subparagraph of paragraph (1) is involved, he/she shall, in advance, consult the relevant agencies. In such cases, the head of a relevant agency shall submit his/her opinion within 20 days after receipt of a request for consultation, and where the opinion has not been submitted within such period, the consultation shall be deemed to have been conducted. <Amended by Act No. 11779, May 22, 2013>
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 13 (Expropriation of Land, etc.)
(1) If necessary to perform road maintenance and improvement works, the head of a Gun or a person who has obtained permission for road maintenance and improvement under Article 5 (2) may expropriate or use land, buildings or the ownership of any fixture on such land or rights other than the ownership in an area where a road, the route of which has been designated is located. <Amended by Act No. 11779, May 22, 2013>
(2) When the route of a road is designated and publicly announced under Article 9, project approval and public notice therof shall be deemed given under Articles 20 (1) and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects. In such cases, an application for adjudication under the Act on Aquisition of and Compensation for Land, etc. for Public Works Projects may be filed within the period for implementing road construction works, notwithstanding Articles 23 (1) and 28 (1) of the aforesaid Act. <Amended by Act No. 14614, Mar. 21, 2017>
(3) Except as otherwise expressly provided for in this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis to the expropriation or use under paragraph (1).
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 14 (Road Registers)
(1) When the head of a Gun has designated the route of a road pursuant to Article 9, he/she shall prepare and maintain a road register.
(2) The preparation and maintenance of a road register and other necessary matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 15 (Road Signs)
(1) The head of a Gun shall install road signs in locations necessary to conserve the structure of roads and to facilitate the smooth flow of traffic.
(2) The provisions of Article 55 (2) of the Road Act shall apply mutatis mutandis to the kinds and forms of road signs under paragraph (1), other road signs, etc. <Amended by Act No. 12248, Jan. 14, 2014>
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 16 (Prohibition or Restriction of Traffic)
(1) Where unavoidable circumstances exist due to road maintenance and improvement works or the head of a Gun deems that the destroyed road or any other cause could hinder traffic safety, he/she may prohibit or restrict traffic on the road with its maintenance section minimized.
(2) Where the head of a Gun intends to prohibit or restrict traffic pursuant to paragraph (1), he/she shall install a sign clearly stating the object, section, period of and the grounds for prohibiting or restricting traffic, and give public notice thereof, as prescribed by ordinance of the relevant Gun.
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 17 (Restrictions on Operation of Vehicles)
The head of a Gun may, where deemed especially necessary to conserve the structure of a road and avoid traffic dangers, restrict the operation of vehicles, as prescribed by Presidential Decree: Provided, That this shall not apply to vehicles operated with permission of the head of a Gun.
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 18 (Occupation and Use of Roads)
(1) A person who intends to occupy and use a road for the purpose of installing, reconstructing, relocating, or removing an artificial structure, object or any other facility, or piling objects in an area on the road, or for any other purpose shall obtain permission from the head of the relevant Gun.
(2) Types of artificial structures, objects, and other facilities for which a person may obtain permission pursuant to paragraph (1) and matters necessary for obtaining permission for the occupation and use of a road shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 18-2 (Succession, etc. to Rights and Duties)
(1) Where a person who has obtained permission to occupy and use a road dies, his/her status is transferred, a corporation is divided or merged, or any other ground arises, any of the following persons shall succeed to the rights and duties arising from obtaining permission to occupy and use the road:
1. Where a person who has obtained permission to occupy and use a road dies: Heir;
2. Where a person who has obtained permission to occupy and use a road transfers his/her status: Transferee;
3. Where a corporation which has obtained permission to occupy and use a road is divided or merged: A corporation surviving the division or merger (referring to a corporation which succeeds to the status concerning the occupation and use of a road, where the number of surviving corporations is at least two) or a corporation newly established after the merger.
(2) A person who has succeeded to rights or duties under paragraph (1) shall report such fact to the head of a competent Gun within three months from the date on which a ground for succession arises, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017>
(3) Where a person who has obtained permission to occupy and use a road transfers to a third party the ownership of land or a building, which is the subject matter of occupation and use, he/she shall be deemed to have also transferred the rights and duties arising from obtaining permission to occupy and use the relevant road.
[This Article Newly Inserted by Act No. 14614, Mar. 21, 2017]
 Article 19 (Collection of Occupation and Usage Charges)
(1) The head of a Gun may collect fees for the occupation and use from a person who occupies and uses a road pursuant to Article 18.
(2) Matters necessary to collect fees for the occupation and use, such as standards for calculating fees for the occupation and use under paragraph (1), shall be prescribed by ordinance of the relevant Gun.
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 19-2 (Reduction of and Exemption from Occupation and Usage Charges)
Where the occupation and use of a road under Article 18 falls under any of the following cases, fees for the occupation and use may be reduced or exempt, as prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14614, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017>
1. Where the State, a local government, or corporation incorporated to serve public purposes and prescribed by Ordinance of the Ministry of the Interior and Safety occupies and uses a road for the purpose of conducting non-profit projects;
2. Where a road is used as a passage to a house and for non-profit making purposes;
3. Where a person who occupies and uses a road is unable to achieve the intended purpose of the occupation and use thereof due to a disaster or other special circumstances;
4. Where a person occupies and uses a road for a project prescribed by Presidential Decree as a public project that has a significant influence on the national economy or the people's lives;
5. Where a person who has donated all or part of his/her private land to a local government obtains permission to occupy and use a road in such land under Article 18 (1);
6. Where a road is used as a passage to and from the business place of a micro enterprise defined in Article 2 of the Act on the Protection of and Support for Micro Enterprises;
7. Where a facility installed above ground is moved underground to ensure the safety of pedestrians and to improve street conditions, etc.;
8. Where a facility is installed to eliminate the height difference between the main entrance and an approach thereto, among the amenities referred to in Article 8 (1) of the Act on the Guarantee of Convenience Promotion of Persons with Disabilities, Older persons, Pregnant Women and Nursing Mothers, Etc.
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 20 (Collection of Compensation)
The head of a Gun may collect an amount equivalent to 120/100 of the fees for the occupation and use of a road during the period of such occupation and use as indemnification from a person who has occupied and used the road without permission under Article 18. In such cases, such indemnification shall be collected in the same manner as fees for the occupation and use of a road are collected under Article 19.
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 21 Deleted. <by Act No. 9090, Jun. 5, 2008>
 Article 21-2 (Bearing of Expenses for Relocating Artificial Structures, etc. that Occupy and Use Roads)
Where an artificial structure, object, or other facilities occupying and using a road shall be relocated for road maintenance and improvement works under Article 5, expenses incurred for such relocation shall be borne by a Gun or a person who has obtained permission for road maintenance and improvement under Article 5 (2): Provided, That where the bearing of expenses incurred for such relocation is separately stipulated when permission to occupy and use a road is granted under Article 18, such stipulation shall apply, and a person who has paid a reduced amount of fees for the occupation and use or has exempted from such fees by performing a public project under subparagraph 4 of Article 19-2 shall bear all expenses incurred for such relocation. <Amended by Act No. 11779, May 22, 2013>
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 22 (Scope of Expenses and Profits)
The scope of expenses incurred in relation to a road and profits accruing from a road shall be prescribed by Presidential Decree: Provided, That regarding expenses incurred in relation to and profits accruing from a road designated pursuant to Article 9 (2) or road located along the boundary between Guns, the amount to be borne and the method of sharing them may be determined in consultation with the head of the relevant Guns.
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 23 (Vesting of Charges, etc.)
Charges incurred in relation to and profits accruing from a road, such as fees for the occupation and use of a road, shall be the revenue of the relevant Gun.
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 24 (Compulsory Collection of Shares in Expenses)
Where any person fails to pay fees for the occupation and use or other charges, the head of a Gun may compulsorily collect such fees or charges in the same manner as local taxes in arrear.
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 25 (Disposition on Offenders, etc. of Statutes)
The head of a Gun may conduct disposition on any of the following persons, such as the revocation of permission, the relocation of an object, or other necessary disposition, or order him/her to take measures under this Act: <Amended by Act No. 13828, Jan. 27, 2016>
1. A person who performs road maintenance and improvement works without obtaining permission under Article 5;
2. A person who passes along a road, in violation of the prohibition or restriction of traffic on the road under Article 16;
3. A person who drives a vehicle, in violation of the restrictions on operation of vehicles under Article 17;
4. A person who occupies and uses a road without permission, in violation of Article 18;
5. A person who obtains permission under Article 5, the proviso to Article 17 or Article 18 by fraud or other improper means.
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 26 Deleted. <by Act No. 5650, Jan. 21, 1999>
 Article 26-2 (Hearings)
Where the head of a Gun intends to revoke permission or approval under this Act pursuant to Article 25, he/she shall hold a hearing.
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 27 (Request for Provision of Materials)
The Minister of the Interior and Safety may request the head of a Gun to submit materials concerning the current status of roads and other materials prescribed by Presidential Decree in order to understand the current status of the roads managed by him/her. In such cases, upon receipt of such request, the head of the Gun shall comply with therewith, except in extenuating circumstances. <Amended by Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 14614, Mar. 21, 2017]
 Article 28 (Compensation for Losses due to Bearing of Expenses for Common Use)
(1) Where any person suffers a loss due to any disposition or restriction under this Act, the head of a relevant Gun shall compensate him/her for such loss.
(2) The head of the relevant Gun shall discuss compensation for such loss with a person who has suffered a loss under paragraph (1).
(3) Where the head of the relevant Gun and a person who has suffered a loss fail to reach an agreement under paragraph (2), the head of the relevant Gun shall pay an amount determined on his/her own to a person who has suffered such loss.
(4) A person dissatisfied with such compensation may request the competent Land Tribunal to apply for adjudication within 30 days from the date he/she receives such compensation, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 29 (Penalty Provisions)
A person who poses traffic danger by destroying a road and deteriorating the utility thereof without good cause shall be punished by imprisonment with labor for up to two years or by a fine not exceeding 20 million won. <Newly Inserted by Act No. 12793, Oct. 15, 2014>
 Article 30 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year, or a fine not exceeding 10 million won: <Amended by Act No. 12793, Oct. 15, 2014>
1. Deleted. <by Act No. 12793, Oct. 15, 2014>
2. A person who obtains permission under this Act or by an order under this Act by improper means;
3. A person who performs road maintenance and improvement works without permission, in violation of Article 5 (2);
4. A person who occupies and uses a road without permission, in violation of Article 18 (excluding a person who temporarily piles objects, etc. on a road).
5. A person who relocates or damages the appurtenances of a road without good cause.
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 31 (Penalty Provisions)
A person who passes along a road in violation of the prohibition or restriction under Article 16 shall be punished by imprisonment with labor for up to six months or by a fine not exceeding one million won. <Amended by Act No. 12793, Oct. 15, 2014>
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 32 (Penalty Provisions)
A person who violates the restriction on the operation of vehicles under Article 17 or violates an order issued by the head of a Gun under Article 25 shall be subject to a fine not exceeding 500 thousand won.
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 33 (Joint Penalty Provisions)
If the representative of a corporation, or an agent or employee of, or any other person employed, by a corporation or an individual commits an offence under Article 32 in connection with the business affairs of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be subject to a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention or exercising proper supervision concerning the relevant duties in order to prevent such offence.
[This Article Wholly Amended by Act No. 9568, Apr. 1, 2009]
 Article 34 Deleted. <by Act No. 13828, Jan. 27, 2016>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Official Announcements of Roads)
A road in agricultural or fishing villages designated in accordance with Article 4 of the Local Grant Act as at the time this Act enters into force shall be deemed a road under this Act until a master plan under Article 6 is formulated.
ADDENDUM <Act No. 4604, Dec. 27, 1993>
This Act shall enter into force on January 1, 1994.
ADDENDA <Act No. 4796, Dec. 22, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1995.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5650, Jan. 21, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Plans for Road Projects)
A plan for a road project approved by the Minister of Government Administration and Home Affairs in accordance with the previous provisions as at the time this Act enters into force shall be deemed to have been approved by the Mayor/Do Governor in accordance with this Act.
Article 3 (Transitional Measures concerning Application for Adjudication)
Where the head of a Gun in the jurisdiction of a Metropolitan City requests a Do Governor to apply for adjudication concerning designation of the route of a road as at the time this Act enters into force, the previous provisions shall apply thereto, notwithstanding the amended provisions of Article 9 (3).
Article 4 (Transitional Measures concerning Penalty Provisions)
The previous provisions shall apply to the imposition of penalty provisions for acts committed before this Act enters into force.
ADDENDA <Act No. 5893, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 5911, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 5914, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 6564, Dec. 31, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Previous Unlawful Occupation and Use)
Regarding the occupation and use of a road without obtaining permission before this Act enters into force, an undue profit under the previous provisions shall be imposed and collected.
Article 3 (Transitional Measures concerning Penalty Provisions)
The previous provisions shall apply to the imposition of penalty provisions for acts committed before this Act enters into force.
ADDENDA <Act No. 6654, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 6656, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 6841, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7230, Oct. 16, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Master Plans for Roads)
A master plan for roads approved by the Minister of Government Administration and Home Affairs in accordance with the previous provisions as at the time this Act enters into force shall be deemed to have been approved by the competent Mayor/Do Governor in accordance with this Act.
ADDENDA <Act No. 7678, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8338, Apr. 6, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 17 Omitted.
ADDENDA <Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8819, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 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. 8927, Mar. 21, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 9090, Jun. 5, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 9568, Apr. 1, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11779, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Legal Fiction of Approval, Permission, etc.)
The amended provisions of the latter part of Article 12 (2) shall apply from the first time the head of a Gun makes a request for consultation to the heads of relevant agencies after this Act enters into force.
Article 3 (Transitional Measures concerning Bearing of Expenses for Relocating Artificial Structures, etc. that Occupy and Use Roads)
In applying the bearing of expenses for relocating artificial structures, etc. that occupy and use roads by a person who has obtained permission for road maintenance and improvement under Article 5 (2) before this Act enters into force, the previous provisions shall apply thereto notwithstanding the amended provisions of Article 21-2.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDUM <Act No. 12793, Oct. 15, 2014>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended part of the main sentence of Article 30 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13828, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 (Transitional Measures concerning Administrative Fines)
The previous provisions shall apply to the imposition of administrative fines for acts committed before this Act enters into force.
ADDENDA <Act No. 14614, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Succession to Rights and Duties for Permission for Occupation and Use)
The amended provisions of Article 18-2 shall begin to apply from a ground for succeeding to rights and duties, which arises after this Act enters into force.
Article 3 (Applicability to Reduction of or Exemption from Occupation and Usage Charges)
The amended provisions of Article 19-2 (5) shall begin to apply from a payment of occupation and usage charges, which is made after this Act enters into force.
Article 4 (Transitional Measures concerning Application Period for Adjudication)
Where the period for applying for adjudication under the previous provisions elapses before this Act enters into force, the previous provisions shall apply notwithstanding the amended provisions of the latter part of Article 13 (2).
Article 5 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended under Article 5 of the Addenda, amendments to an Act, which was promulgated before this Act enters into force but the date on which it enters into force has yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 6 Omitted.