RAILROAD CONSTRUCTION ACT
Act No. 7304, Dec. 31, 2004
Amended by Act No. 7459, Mar. 31, 2005
Act No. 7678, Aug. 4, 2005
Act No. 7796, Dec. 29, 2005
Act No. 8014, Sep. 27, 2006
Act No. 8251, Jan. 19, 2007
Act No. 8338, Apr. 6, 2007
Act No. 8352, Apr. 11, 2007
Act No. 8355, Apr. 11, 2007
Act No. 8369, Apr. 11, 2007
Act No. 8370, Apr. 11, 2007
Act No. 8371, Apr. 11, 2007
Act No. 8404, Apr. 27, 2007
Act No. 8466, May 17, 2007
Act No. 8733, Dec. 21, 2007
Act No. 8819, Dec. 27, 2007
Act No. 8820, Dec. 27, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8974, Mar. 21, 2008
Act No. 8976, Mar. 21, 2008
Act No. 9313, Dec. 31, 2008
Act No. 9401, Jan. 30, 2009
Act No. 9547, Mar. 25, 2009
Act No. 9772, Jun. 9, 2009
Act No. 9763, Jun. 9, 2009
Act No. 9770, Jun. 9, 2009
Act No. 10266, Apr. 15, 2010
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. 11752, Apr. 5, 2013
Act No. 11794, May 22, 2013
Act No. 12023, Aug. 6, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12647, May 21, 2014
Act No. 13490, Aug. 11, 2015
Act No. 13797, Jan. 19, 2016
Act No. 14532, Jan. 17, 2017
Act No. 15323, Dec. 26, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to efficiently expand the railroad transportation network and to contribute to the development of the public welfare by prescribing matters pertaining to the formulation of construction plans for railroad networks, railroad construction and the development of a station's sphere of influence in order to expand railroad networks rapidly and revitalize development projects for a station's sphere of influence.
The definition of terms to be used in this Act shall be as follows; provided,, except for those specifically provided for in this Act, definitions included in the Framework Act on Railroad Industry Development shall be as follows: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13490, Aug. 11, 2015> | 1. | The term "railroad" means a transportation system in which railroad facilities necessary for transporting passengers and freight, rolling stock and an operation and supporting system relevant thereto are comprised organically; |
| 2. | The term "high-speed rail" means a railroad train which runs at a speed of at least 200 kilometers per hour on major sections and the route of which is designated and publicly announced by the Minister of Land, Infrastructure and Transport; |
| 3. | The term "wide-area railroad" means a railroad under subparagraph 2 (b) of Article 2 of the Special Act on the Management of Intercity Transport in Metropolitan Areas; |
| 4. | The term "general railroad" means railroads other than high-speed rails and urban railroads under the Urban Railroad Act; |
| 5. | The term "railroad network" means a railroad transportation network built systematically in order for railroad facilities to function in an interactive manner; |
| 6. | The term "railroad facilities" means any of the following facilities: |
| (a) | Railroad tracks (including facilities ancillary thereto), station facilities (including distribution facilities, transfer facilities and sales facilities, business facilities, neighboring residential facilities, accommodation facilities, cultural and assembly facilities located in the same building as a station building) and buildings and building facilities necessary for operation of railroads; |
| (b) | Track repair bases to repair tracks, rolling stock maintenance depots to maintain rolling stock and rolling stock storage facilities; |
| (c) | Power facilities, information and communication facilities, signaling and train control facilities for railroads; |
| (d) | Facilities necessary for operations in connection with other railroad routes or for inter-modal operations with other means of transportation; |
| (e) | Facilities for development, tests and researches of railroad technology; |
| (f) | Facilities for training on railroad management and eduction of railroad experts; |
| (g) | Other facilities determined by Presidential Decree, necessary for construction, maintenance and operation of railroads; |
| 7. | The term "railroad construction project" means any of the following projects, intended for construction of a new railroad, straightening, electrifying and double-tracking of existing railroad lines, construction of railroad depots, new installation, refurbishment, etc. of facilities in railroad stations: |
| (a) | Construction projects of facilities under each item of subparagraph 6; |
| (b) | Any project to form foundations for living convenience facilities, including residential facilities, for those who have lost their residence due to construction projects under each item of subparagraph 6; |
| (c) | Construction projects of public facilities, military facilities or public buildings (railroad facilities shall be excluded) installed pursuant to Article 15 (1); |
| 8. | and 9. Deleted. <by Act No. 10266, Apr. 15, 2010> |
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
| Article 3 (Relationship with other Acts) |
Unless otherwise specifically provided by other Acts, provisions prescribed by this Act shall govern construction of railroads (exclusive railroads under subparagraph 5 of Article 2 of the Railroad Service Act shall be excluded). [This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
CHAPTER II CONSTRUCTION OF RAILROADS
Section 1 Construction Plans for National Railroad Networks
| Article 4 (Formulation and Change of Construction Plans for National Railroad Networks) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate and implement a construction plan for national railroad networks (hereinafter referred to as "railroad network plan") in the unit of 10 year so as to build efficient railroad network of the nation. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Railroad network plans shall be formulated to be in harmony with all the following plans: <Amended by Act No. 9772, Jun. 9, 2009> |
| 3. | Master plans for metropolitan transport in metropolitan areas under Article 3 of the Special Act on the Management of Intercity Transport in Metropolitan Areas; |
| 4. | Implementation plans for metropolitan transport in metropolitan areas under Article 3-2 of the Special Act on the Management of Intercity Transport in Metropolitan Areas. |
| (3) | Where the Minister of Land, Infrastructure and Transport intends to formulate a railroad network plan, he/she shall undergo deliberation by the Railroad Industry Committee (hereinafter referred to as the "Committee") under Article 6 of the Framework Act on the Railroad Industry Development after consulting with heads of the relevant central administrative agencies and the relevant Mayor/Do Governor: Provided, That this shall not apply where minor matters prescribed by Presidential Decree are changed. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport shall review whether railroad network plans are feasible every five years from the date such plans are formulated and shall change them, where necessary. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Where the Minister of Land, Infrastructure and Transport formulates or changes railroad network plans, he/she shall announce them as prescribed by Ordinance of Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
| Article 5 (Details of Railroad Network Plans) |
| (1) | Railroad network plans shall include each of following matters: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Mid- to long-term construction plans for railroad; |
| 2. | Building of transportation system linked with other means of transportation; |
| 3. | Methods of raising necessary financial resources; |
| 4. | Methods of constructing environment-friendly railroads; |
| 5. | Other matters deemed necessary for systematic construction projects of railroads by the Minister of Land, Infrastructure and Transport. |
| (2) | Railroad network plans under paragraph (1) shall reflect a wide-area railroad plan (urban railroads under the Urban Railroad Act shall be excluded) included in a master plan for metropolitan transport in metropolitan areas and an implementation plan for metropolitan transport in metropolitan areas respectively formulated pursuant to Articles 3 and 3-2 of the Special Act on the Management of Intercity in Metropolitan Areas. |
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
| Article 6 (Deliberation on Matters concerning Railroad Construction) |
Any of the following matters pertaining to railroad construction shall undergo deliberation by the Committee: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. | Formulation and change of railroad network plans; |
| 2. | Approval for implementation plans which include matters specified in Article 11 (1) 15 (only applicable to where subject matters for deliberation by the Building Committee under Article 4 of the Building Act shall be included) or subparagraph 16 of the same paragraph; |
| 3. | Other matters concerning railroad construction, referred for deliberation by the Minister of Land, Infrastructure and Transport. |
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
Section 2 System for Construction of Railroads
| Article 7 (Formulation of Masters Plans for Railroad Construction Projects) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate a master plan for railroad construction (hereinafter referred to as "master plan") to conduct railroad construction projects systematically: Provided, That this shall not apply to railroad construction projects, such as small-scale railroad construction projects, etc, which are determined by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Master plans shall include each of following matters: |
| 1. | Demand forecast for future railroad transportation; |
| 2. | Evaluation on economic viability and feasibility of railroad construction and other relevant matters; |
| 3. | Layout planning of schematic routes, depots, etc.; |
| 4. | Details of construction, construction duration, project operators; |
| 5. | Approximate construction costs, resource supply plans; |
| 6. | Annual construction implementation plans; |
| 7. | Matters concerning preservation and management of environment; |
| 8. | Measures against earthquakes; |
| 9. | Other matters determined by Presidential Decree. |
| (3) | Where the Minister of Land, Infrastructure and Transport intends to formulate a master plan, he/she shall, in advance, consult on it with heads of the relevant central administrative agencies and the Special Metropolitan City Mayor, a Metropolitan City Mayor or a Do Governor (hereinafter referred to as the "Mayor/Do Governor"): Provided, That a master plan for construction of high-speed rails shall be referred to the Committee for deliberation after consultation. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Where the Minister of Land, Infrastructure and Transport formulates a mater plan, he/she shall announce it, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Paragraphs (3) and (4) shall apply mutatis mutandis where the mater plan formulated is subject to change: Provided, That this shall not apply where minor matters prescribed by Presidential Decree are changed. |
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
| Article 8 (Operators of Railroad Construction Projects) |
| (2) | Where the Minister of Land, Infrastructure and Transport deems it necessary to execute railroad construction projects efficiently, he/she may have public agencies under Article 4 of the Act on the Management of Public Institutions other than persons designated in paragraph (1) execute such projects fully or partially as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
| Article 9 (Approval for Implementation Plans for Each Railroad Construction Project) |
| (1) | Any person executing a railroad construction project (hereinafter referred to as "project operator") under Article 8 shall prepare an implementation plan for the railroad construction project (hereinafter referred to as "implementation plan") which includes the scale, details of a project, a project zone, project duration and other matters determined by Presidential Decree and shall obtain approval therefor from the Minister of Land, Infrastructure and Transport. In such cases, the project operator may prepare implementation plans respectively for each section or each facility within the extent of a master plan where deemed necessary for efficient execution of railroad construction projects. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to approve an implementation plan which includes matters specified in Article 11 (1) 15 (only applicable to where subject matters for deliberation by the Building Committee under Article 4 of the Building Act shall be included) or subparagraph 16 of the same paragraph, he/she shall undergo prior deliberation by the Committee. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Where any implementation plan the Minister of Land, Infrastructure and Transport intends to approve includes matters concerning attribution, transfer and concession of public facilities under Article 15 (3), he/she shall, in advance, obtain consent from the head of a local government or the managing authority of the relevant public facilities. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Where the Minister of Land, Infrastructure and Transport approves an implementation plan under paragraph (1), he/she shall announce them as prescribed by Presidential Decree and forward copies of relevant documents to the head of relevant local governments. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Where the Minister of Land, Infrastructure and Transport approves the implementation plan requiring expropriation or use of land, etc. under Article 12 (1), he/she shall inform a land owner and a person who holds a right to such land, etc. of such fact: Provided, That this shall not apply where a project operator has consulted with the land owner and the person who holds a right to land, etc. beforehand when the former applies for approval for the implementation plan. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) | Where an implementation plan is announced, a project operator shall make the implementation plan and relevant drawings available for the perusal of interested persons. |
| (7) | The head of a local government who has received copies of relevant documents under paragraph (4) shall take necessary measures, such as application for approval for and public announcement of topographic maps under Article 32 of the National Land Planning and Utilization Act where relevant documents include matters determined as urban, gun management planning. In such cases, the project operator shall submit documents necessary for public announcement, etc. of topographic maps to the head of a local government. <Amended by Act No. 10599, Apr. 14, 2011> |
| (8) | Where a project operator changes matters determined by Presidential Decree among the implementation plan approved under paragraph (1), he/she shall obtain approval from the Minister of Land, Infrastructure and Transport. In such cases, paragraphs (1) through (7) shall apply mutatis mutandis. <Amended by Act No. 11690, Mar. 23, 2013> |
| (9) | Where a project operator fails to commence a project under the implementation plan within five years from the date of public announcement under paragraph (4), the approval for the implementation plan becomes invalid. |
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
| Article 10 (Access, etc. to Land) |
| (1) | Any project operator may conduct any of the following activities where necessary for investigation and surveying to prepare for an implementation plan or for execution of railroad construction projects: |
| 1. | Access to other person's land; |
| 2. | Temporary use of other person's land as a storage for materials, passageway or temporary roads; |
| 3. | Change or removal of tress, earth, stone or other obstacles; |
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
| Article 11 (Legal Fiction of Authorization, Permission, etc. under other Acts) |
| (1) | Where the Minister of Land, Infrastructure and Transport approves an implementation plan under Article 9 (1), any consultation, approval, permission, authorization, consent, revocation, decision, reporting, designation, a license, deliberation, disposal, etc. (hereinafter referred to as "authorization, permission, etc.") falling under the following subparagraphs shall be deemed made or obtained. Where approval for an implementation plan is announced pursuant to Article 9 (4), public notification or announcement of authorization, permission, etc. under relevant Act shall be deemed made: <Amended by Act No. 9763, Jun. 9, 2009; Act No. 9770, Jun. 9, 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. 11794, May 22, 2013; Act No. 12248, Jan. 14, 2014; Act No. 14532, Jan. 17, 2017; Act No. 15323, Dec. 26, 2017> |
| 4. | Deleted; <by Act No. 10272, Apr. 15, 2010> |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to approve an implementation plan which includes matters falling under any of the subparagraphs of paragraph (1), he/she shall consult with the head of the relevant administrative agency, in advance by preparing for relevant documents submitted by a project operator. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11752, Apr. 5, 2013> |
| (3) | The head of the relevant administrative agency in receipt of a request for consultation under paragraph (2) shall present his/her opinion to the Minister of Land, Infrastructure and Transport within 30 days from the date he/she is requested for consultation. In such cases, if no opinion is presented within the relevant period, it shall be deemed that an agreement has been reached through consultation. <Added by Act No. 11752, Apr. 5, 2013; Act No. 12647, May 21, 2014> |
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
| Article 12 (Expropriation and Use) |
| (3) | A land expropriation committee governing rulings concerning expropriation and use of land, etc. under paragraph (1) shall be the Central Land Expropriation Committee. |
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
| Article 12-2 (Compensation for Use of Underground Part of Land) |
| (1) | Where a project operator intends to use any underground part of another person's land to construct a railroad, he/she shall make compensation therefor in consideration of the usefulness of the land, the depth below the ground surface, the degree of impediment to the land utilization, etc. |
| (2) | Matters necessary for the objects to be compensated for use of underground part, standards and methods for compensation, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Added by Act No. 11752, Apr. 5, 2013]
| Article 12-3 (Registration of Creation of Partitioned Surface Right, etc.) |
| (3) | Matters necessary for the procedures for registration of the partitioned surface right for use of the underground part of land shall be prescribed by the Supreme Court Regulations. |
| (4) | Notwithstanding Article 280 or 281 of the Civil Act, the duration of the partitioned surface right under paragraphs (1) and (2) shall be until the date railroad facilities exist. |
[This Article Added by Act No. 11752, Apr. 5, 2013]
| Article 13 (Lending, etc. of State and Public Property) |
| (1) | No land owned by the State or a local government while located in a project zone included in an implementation plan and necessary for railroad construction projects shall be sold or transferred for purposes other than railroad construction projects. |
| (2) | Land owned by the State or a local government while located in a project zone included in an implementation plan may be lent or sold to a project operator through a private contract notwithstanding provisions of the State Property Act or the Public Property and Commodity Management Act. In such cases, the Minister of Land, Infrastructure and Transport shall consult in advance with the head of the relevant central administrative agency and the head of the local governing about lending or sale of such property. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The head of the relevant administrative agency, upon receipt of a request for consultation under the latter part of paragraph (2), shall abolish use, conduct sale or take other necessary measures within 90 days from the date of receiving such request. |
| (4) | State property, the managing authority of which is unknown among any property intended for sale to a project operator under paragraph (2), shall be managed and disposed of by the Minister of Strategy and Finance notwithstanding the provisions of other Acts and subordinate statutes. |
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
| Article 14 (Entrustment of Land Purchase Projects) |
| (1) | Any project operator, other than local governments, may entrust the head of the competent local government or public institutions under the Act on the Management of Public Institutions with land purchase affairs, loss compensation affairs, relocation planning affairs, etc. for railroad construction projects as prescribed by Presidential Decree. |
| (2) | Entrustment commission, etc. required when entrusting land purchase affairs, loss compensation affairs, relocation planning affairs, etc. under paragraph (1), shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
| Article 15 (Installation of Substitute Public Facilities, etc.) |
| (1) | Where public facilities, military facilities or public buildings (railroad facilities shall be excluded; hereafter referred to as "public facilities, etc." in this Article) prescribed by Presidential Decree exist in the land to be incorporated into railroad construction projects, the Minister of Land, Infrastructure and Transport may have a project operator install public facilities, etc. substituting for existing public facilities, etc. (hereafter referred to as "substitute public facilities, etc." in this Article) by receiving application by a managing authority or an owner thereof. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where the Minister of Land, Infrastructure and Transport allows a project operator to install substitute public facilities, etc. under paragraph (1), he/she shall describe such fact clearly when granting approval for an implementation plan as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Existing public facilities, etc.: Gratuitously reverted to a project operator; |
| 2. | Substitute public facilities, etc.: Gratuitously reverted to the State, a local government or the owner of existing public facilities, etc.; |
| 3. | Public facilities newly installed: Gratuitously reverted or transferred to a managing authority to manage the facilities in question or gratuitously conceded to a local government to manage the facilities in question. |
| (4) | When registering substitute public facilities, etc. under paragraph (3), documents evidencing grounds for registration under the Registration of Real Estate Act may be replaced by a written authorization for an implementation plan or a modified written authorization and a written confirmation on completion. |
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
| Article 16 (Completion Confirmation) |
| (1) | Any project operator shall, when finishing construction work for railroad construction projects, submit a construction completion report to the Minister of Land, Infrastructure and Transport and shall undergo completion confirmation. In such cases, the Minister of Land, Infrastructure and Transport who has received an application for completion confirmation may request for inspections required for completion confirmation to the head of any agency determined by Ordinance of Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Upon receiving an application for completion confirmation under paragraph (1), the Minister of Land, Infrastructure and Transport shall publicly announce them if construction at issue is deemed to be executed according to the details approved after conducting completion confirmation. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Where the Minister of Land, Infrastructure and Transport makes a public announcement under paragraph (2), completion inspection, completion authorization, etc. of the relevant project shall be deemed conducted or obtained with respect to authorization, permission, etc. under each of subparagraphs of Article 11 (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | No project operator shall use land formed and facilities installed as a result of railroad construction projects before public announcement of completion is made under paragraph (2): Provided, That this shall not apply where permission for use before completion, is obtained from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | A project operator may apply for completion confirmation by classifying a railroad construction project into each section or each facility within the extent of an implementation plan where deemed necessary for efficient execution of such railroad construction project. |
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
| Article 17 (Reversion, etc. of Facilities) |
| (1) | The land formed and facilities installed through railroad construction projects shall revert to the State as soon as such projects are completed: Provided, That the same shall not apply to land and facilities prescribed by Presidential Decree. |
| (2) | The Minister of Land, Infrastructure and Transport may have a project operator of high-speed rail facilities reverted to the State under paragraph (1) use such facilities gratuitously or make profits with the extent of the total project cost he/she has invested, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | The method of calculating the total project cost and the duration for gratuitous use and profit-making under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
| Article 18 (Special Cases for Promotion, Quality Improvement, etc. of Railroad Construction Projects) |
| 1. | Where special technology or special equipments acknowledged by the Minister of Land, Infrastructure and Transport through deliberation by the Committee are used; |
| 2. | Where the Minister of Land, Infrastructure and Transport acknowledges, through deliberation by the Committee, that structures and shapes of high-speed rail facilities are equivalent to or higher than the standards concerning fire-fighting, disaster-prevention, fire-proofing, evacuation, etc. under the relevant Acts and subordinate statutes. |
| (2) | For construction works for railroad facilities having diverse functions and characteristics, such as station facilities, a project operator may place orders separately for architectural, railroad, electrical, signal, and information and communication works; provided,, where it is difficult for a project operator to place orders separately considering the nature of works or technical management and it is prescribed by Presidential Decree, the project operator may place an order by integrating such works. <Amended by Act No. 12023, Aug. 6, 2013> |
| (3) | A project operator may newly install, extend or relocate facilities, which are production facilities of various construction materials used for railroad construction projects and deemed directly necessary for railroad construction projects by the Minister of Land, Infrastructure and Transport, in or to a project zone included in an implementation plan designated by the Minister of Land, Infrastructure and Transport or its neighboring area notwithstanding the provisions of Article 20 of the Industrial Cluster Development and Factory Establishment Act. In such cases, production facilities of construction materials are only applicable to those installed for the purpose of construction works during a construction period. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12023, Aug. 6, 2013> |
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
| Article 19 (Standards for Railroad Construction) |
A railroad construction project shall be executed in compliance with the standards prescribed by Ministerial Decree of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
Section 3 Cost-Bearing for Railroad Construction
| Article 20 (Principle of Cost-Bearing) |
| (1) | Except for those specifically provided for in this Act or other Acts, costs for railroad construction shall be born by the National Treasury in cases of general railroads and shared by the National Treasury and a project operator in cases of high-speed rails. |
| (2) | The sharing rate of costs for construction of high-speed rails between the National Treasury and a project operator under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
| Article 21 (Cost-Bearing by Beneficiaries and Initiators) |
| (1) | Where any person other than the State makes significant profits through railroad construction projects, a project operator may have such person who has made profits therefrom (hereinafter referred to as "beneficiaries") share, fully or partially the costs for railroad construction projects by obtaining approval from the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Costs born by beneficiaries under paragraph (1) shall be determined through consultations between a project operator and beneficiaries. In such cases, the Committee may mediate upon receiving an application by a project operator or beneficiaries where a consultation has not been held. |
| (3) | Where a railroad construction project is executed upon request by persons other than the State, the cost required shall be born fully or partially by a requester. |
| (4) | Where persons other than the State bear fully or partially the costs for railroad construction projects under paragraph (3), the bearing rate shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
CHAPTER III DEVELOPMENT OF STATION'S SPHERE OF INFLUENCE
| Articles 22 and 23 Deleted. <by Act No. 10266, Apr. 15, 2010> |
| Article 23-2 (Permission for Occupancy of Railroad Facilities) |
| (1) | The Minister of Land, Infrastructure and Transport may grant occupancy permission by determining kinds, duration, etc. of buildings and other facilities (hereinafter referred to as "facilities") intended to be installed as prescribed by Presidential Decree, notwithstanding Article 24 (3) of the State Property Act in the following cases: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where KRNA (including a juristic person in which KRNA invests) or where a project operator under the proviso to Article 8 (1) and paragraph (2) of the same Article intends to install facilities in railroad facilities owned and managed by the State for the purposes of revitalizing railroad facilities and enhance user conveniences; |
| 2. | Deleted. <by Act No. 10266, Apr. 15, 2010> |
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 24 (Reporting and Inspections, etc.) |
| (1) | Where necessary for the enforcement of this Act, the Minister of Land, Infrastructure and Transport may order any project operator to make report or to submit data on railroad construction projects and have public officials under his/her control inspect affairs relevant to railroad construction projects by entering a project operator's office, place of business or other necessary places. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Public officials who inspect affairs relevant to railroad construction projects under paragraph (1) shall carry with them a certificate indicating their authority and produce it to the interested persons. |
| (3) | Matters necessary for a certificate under paragraph (2) shall be determined by Ministerial Decree of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
| (1) | Where a project operator falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may revoke approval for an implementation plan or order suspension or change of construction work, or rebuilding or change, relocation, etc. of facilities or buildings: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where a project operator obtains permission or approval under this Act by false or other unjust means; |
| 2. | Where a project operator violates this Act, or any order or disposition under this Act; |
| 3. | Where a project operator becomes unable to continue to execute a railroad construction project as circumstances change. |
| (2) | Where the Minister of Land, Infrastructure and Transport has made or issued disposition or an order under paragraph (1), he/she shall publicly announce them, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
The Minister of Land, Infrastructure and Transport shall hold a hearing if he/she intends to cancel approval for an implementation plan under Article 25. <Amended by Act No. 11690, Mar. 23, 2013> [This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
CHAPTER V PENAL PROVISIONS
| Article 27 (Penal Provisions) |
Any person who violates any order under Article 25 shall be punished by a fine not exceeding three million won. [This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
| Article 28 (Joint Penal Provisions) |
If a representative of a corporation or an agent, employee or any other person employed by a corporation, or an individual commits any violation falling under the provisions of Article 27 in connection with affairs of the corporation or the individual, not only shall such offender be punished accordingly, but the corporation or the individual shall be also punished by a fine under the relevant Articles: Provided, That the same shall not apply to cases where the corporation or the individual has paid due attention to or conscientiously supervised the relevant affairs in order to prevent such violation. [This Article Wholly Amended by Act No. 9547, Mar. 25, 2009]
| Article 29 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding three million won: |
| 1. | Any person who refuses or interferes with a project operator's acts under Article 10 without justifiable grounds; |
| 2. | Any person who fails to make a report or submit data, who makes a report or submits data falsely, or who refuses, interferes with, or evades an inspection under Article 24 (1). |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Added by Act No. 9547, Mar. 25, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into six months after the date of its promulgation.
Article 2 (Repeal of other Acts)
Article 3 (Applicability concerning Deliberations on Railroad Network Planning by Deliberative Committee)
Deliberations by the Deliberation Committee with regards to the provision of Article 4 (3) shall apply, beginning with a railroad network plan to be drafted after this Act enters into force.
Article 4 (Applicability concerning Deliberations on Approval for Implementation Plans by Deliberative Committee)
The provision of Article 9 (2) shall apply, beginning with an implementation plan to be applied for approval after this Act enters into force.
Article 5 (General Transitional Measures)
Article 6 (Transitional Measures concerning Legal Fiction Provisions)
Article 7 (Transitional Measures concerning Plans)
Article 8 (Transitional Measures concerning Penal Provisions, etc.)
Article 9 (Relationships with other Acts)
Article 10 Omitted.
ADDENDA <Act No. 7459, May 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
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. 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. 8014, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8251, Jan. 19, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 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. 8355, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8369, 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. 8370, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA <Act No. 8371, Apr. 11, 2007>
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. 8404, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 8466, May 17, 2007>
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. 8733, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 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. 8820, 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.
ADDENDA <Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
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. 9313, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 9547, Mar. 25, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 28 shall enters into force on the date of its promulgation and Article 4 (2) of the Addenda shall enter into force on July 31, 2009, respectively.
Article 2 (Transitional Measures concerning Committees)
Any act done by or in relation to the Deliberation Committee for railroad construction and by or in relation to the Promotion Committee concerning high-speed rail construction under the previous provisions as at the time this Act enters into force shall be deemed acts by or in relation to Committees under this Act corresponding thereto.
Article 3 (Transitional Measures concerning Penal Provisions)
The application of penal provisions for any act performed before this Act enters into force shall be governed by the previous provisions.
Article 4 Omitted.
ADDENDA <Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 9770, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9772, Jun. 9, 2009>
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. 10266, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
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 from the date on which six months lapse after the promulgation of this Act. (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. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11752, Apr. 5, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Deemed Agreements on Legal Fiction of Authorization, Permission, etc.)
The amended provisions of Article 11 (3) shall apply to matters on which the Minister of Land, Infrastructure and Transport requests consultations to the head of the relevant administrative agencies after this Act enters into force.
Article 3 (Applicability concerning Compensation for Use of Underground Part of Land)
The amended provisions of Article 12-2 shall apply where the underground part of another person's land is used with approval for the implementation plan for a railroad construction project after this Act enters into force.
Article 4 (Applicability concerning Duration of Partitioned Surface Right)
The amended provisions of Article 12-3 (4) shall apply where the partitioned surface right for use of underground part of another person's land is created or transferred with approval for the implementation plan for a railroad construction project after this Act enters into force.
ADDENDA <Act No. 11794, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 26 Omitted.
ADDENDA <Act No. 12023, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Special Cases for Promotion, Quality Improvement, etc. of Railroad Construction Projects)
The amended provisions of Article 18 (2) shall apply to railroad construction projects implemented after this Act enters into force.
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.
ADDENDA <Act No. 12647, May 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 11 (3) shall apply where any request for consultations is received after this Act enters into force.
ADDENDUM <Act No. 13490, Aug. 11, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13797, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That among the Acts amended pursuant to Article 6 of the Addenda, the amended parts of the acts which were promulgated before this Act enters into force but the enforcement date of which have not yet arrived shall enter into force on the enforcement dates of the respective Acts.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 15323, Dec. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 (Applicability to Legal Fiction of Authorization, Permission, etc. under other Acts)
The amended provisions of Article 11 (1) 25 shall apply, beginning with the first approval of an implementation plan after this Act enters into force.