PRIVATE ROAD ACT
Act No. 872, Dec. 27, 1961
Amended by Act No. 1282, Feb. 26, 1963
Act No. 5454, Dec. 13, 1997
Act No. 6067, Dec. 28, 1999
Act No. 8976, Mar. 21, 2008
Act No. 11584, Dec. 18, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12248, Jan. 14, 2014
Act No. 13434, Jul. 24, 2015
Act No. 16001, Dec. 18, 2018
The purpose of this Act is to contribute to the development of transportation by providing for necessary matters concerning the construction, management, use, structure, etc. of private roads.
[This Article Wholly Amended by Act No. 11584, Dec. 18, 2012]
The term "private road" means any road, other than the following, connected to any of the following roads: Provided, That the roads mentioned in subparagraph 3 or 4 shall be limited to those having road structure required for Si or Gun roads or any higher-level roads pursuant to Article 50 of the Road Act: <Amended by Act No. 12248, Jan. 14, 2014> | 2. | Roads to which the Road Act applies mutatis mutandis; |
| 4. | Roads built pursuant to the Rearrangement of Agricultural and Fishing Villages Act. |
[This Article Wholly Amended by Act No. 11584, Dec. 18, 2012]
| Article 3 (Exclusion from Application) |
This Act shall not apply to any of the following roads:
| 1. | Roads built pursuant to other Acts; |
| 2. | Roads built in parks, mining fields, factories, housing estates, and other similar facilities. |
[This Article Wholly Amended by Act No. 11584, Dec. 18, 2012]
| Article 4 (Building Permit, etc.) |
| (1) | Any person who intends to build, re-build, enlarge, or alter a private road shall obtain a permit from the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province, or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter referred to as "head of a Si/Gun/Gu"), whoever is relevant. |
| (2) | Any person who intends to obtain a permit under paragraph (1) shall submit an application for such permit to the head of the relevant Si/Gun/Gu along with the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Except in the following cases, the head of a Si/Gun/Gu shall grant a permit under paragraph (1): |
| 1. | Where the relevant private road fails to meet any of the standards referred to in Article 5; |
| 2. | Where the applicant does not have the right to own or use the relevant land; |
| 3. | Where the relevant private road would violate any restriction placed thereon under this Act or other Acts or subordinate statutes; |
| 4. | Where the building, re-building, enlargement, or alteration of the relevant private road is anticipated to seriously affect the residential environment, such as privacy of residents living around the road, or to cause danger to pedestrians. |
| (4) | When the head of a Si/Gun/Gu has granted a permit under paragraph (1), he/she shall announce such permit in the Official Gazette without delay and record and keep details thereof in the private roads management register, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Matters necessary for granting permits, in addition to the matters provided for in paragraphs (1) through (4), shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11584, Dec. 18, 2012]
[Article 4-2 Transferred to Article 8]
| Article 5 (Structure of Private Roads) |
[This Article Newly Inserted by Act No. 11584, Dec. 18, 2012]
| Article 6 (Road-ready Inspections) |
| (1) | Any person who has obtained a permit pursuant to Article 4 shall undergo a road-ready inspection by the head of the relevant Si/Gun/Gu when he/she completes the construction of the private road, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | No person who has built a private road (hereinafter referred to as "builder of a private road") may use such road before road-ready inspection under paragraph (1) is conducted: Provided, That he/she may use such private road even before the inspection in the case of re-building, enlargement, or altering of the private road, as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11584, Dec. 18, 2012]
| Article 7 (Maintenance of Private Roads) |
A builder of a private road shall maintain the private road.
[This Article Wholly Amended by Act No. 11584, Dec. 18, 2012]
[Article 7-2 Transferred to Article 14]
| Article 8 (Request for Repair of Connecting Sections) |
| (1) | A builder of a private road may, if necessary to enhance the functionality of the private road, request the head of the relevant Si/Gun/Gu to repair the intersection between the private road and a public road. |
| (2) | Where the head of a Si/Gun/Gu acknowledges that a request made under paragraph (1) has merit, he/she may repair the intersection. In such cases, if he/she deems it necessary, he/she may repair the intersection beyond the width and the entire length of the private road. |
[This Article Wholly Amended by Act No. 11584, Dec. 18, 2012]
| Article 9 (Restricting or Blocking Traffic) |
No builder of a private road may restrict or block the public traffic: Provided, That the forgoing shall not apply in any of the following cases where he/she has obtained a permit from the head of the relevant Si/Gun/Gu, as prescribed by Presidential Decree:
| 1. | Where the intended restriction or blockade is to preserve the relevant private road; |
| 2. | Where the intended restriction or blockade is to prevent danger to public traffic; |
| 3. | Where the intended restriction or blockade constitutes any other ground prescribed by Presidential Decree. |
| (2) | Where a builder of a private road intends to restrict or block the public traffic pursuant to the proviso to paragraph (1), he/she shall place a sign clearly indicating the period of and ground for such restriction or blockade at the entrance to the relevant private road. |
[This Article Wholly Amended by Act No. 11584, Dec. 18, 2012]
| Article 10 (Collection of Tolls) |
A builder of a private road may collect tolls from users of such private road. In such cases, he/she shall obtain a permit from the head of the relevant Si/Gun/Gu in advance, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11584, Dec. 18, 2012]
| Article 11 (Succession to Rights and Obligations, etc.) |
| (1) | Any of the following persons shall succeed to the rights and obligations of the predecessor who has built a private road: |
| 1. | Where the builder of the private road transfers his/her legal title: His/her transferee; |
| 2. | Where the builder of the private road dies: His/her inheritor; |
| 3. | Where the builder of the private road, who is a corporation, merges with another corporation: The corporation surviving the merger or corporation incorporated in the course of the merger. |
| (2) | Any sucessor to the rights and obligations pursuant to paragraph (1) shall report such fact to the head of the relevant Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Within 30 days after receiving a report under paragraph (2), the head of the Si/Gun/Gu shall notify the reporter whether or not his or her report has been accepted. <Newly Inserted by Act No. 16001, Dec. 18, 2018> |
| (4) | Where the head of the Si/Gun/Gu fails to notify the reporter of the acceptance of the report or the extension of the processing period under any statutes or regulations applicable to the handling of civil complaints within the period specified in paragraph (3), the report shall be deemed accepted on the day following the end of said period (if the processing period is extended or re-extended according to the civil complaint handling statutes or regulations, it refers to the relevant processing period). <Newly Inserted by Act No. 16001, Dec. 18, 2018> |
[This Article Newly Inserted by Act No. 11584, Dec. 18, 2012]
| Article 12 (Orders to Repair or Improve Private Roads, etc.) |
| (1) | Where a private road fails to meet any of the standards referred to in Article 5, the head of the relevant Si/Gun/Gu may order the builder of the private road to repair or improve the road. In such cases, if necessary to prevent danger to traffic, the head of the relevant Si/Gun/Gu may also order him/her to restrict or block public traffic or take other necessary measures. |
| (2) | Where a builder of a private road restricts or block public traffic or takes other measures pursuant to an order issued under the latter part of paragraph (1), he/she shall place a sign clearly indicating the period of and ground for such restriction or blockade at the entrance to the relevant private road. |
| (3) | Matters necessary for issuing orders under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11584, Dec. 18, 2012]
| Article 13 (Revocation of Permits) |
| (1) | In any of the following cases, the head of a Si/Gun/Gu may revoke a permit granted under Article 4: Provided, That in cases falling under subparagraph 1, he/she shall revoke the relevant permit: |
| 1. | Where the builder of the private road obtains the permit under Article 4 by deception or other fraudulent means; |
| 2. | Where the private road causes serious danger to traffic by failing to meet any of the standards referred to in Article 5, notwithstanding an order issued under Article 12; |
| 3. | Where the builder of the private road applies for revocation of the permit; |
| 4. | Where the builder of the private road ceases to be entitled to own or use the relevant land. |
| (2) | Where the head of a Si/Gun/Gu revokes a permit pursuant to paragraph (1), he/she may order suspension of construction, or closure or reinstatement of the relevant private road, as prescribed by Presidential Decree. |
| (3) | Where the head of a Si/Gun/Gu intends to revoke a permit pursuant to paragraph (1), he/she shall hear the opinions of interested persons and hold hearings, as prescribed by Presidential Decree. |
| (4) | Where the head of a Si/Gun/Gu has revoked a permit pursuant to paragraph (1), he/she shall announce such permit in the Official Gazette without delay. |
[This Article Newly Inserted by Act No. 11584, Dec. 18, 2012]
Where the head of a Si/Gun/Gu acknowledges that a private road could greatly improve public transportation beyond its functionality as a private road, he/she may entirely or partially subsidize the construction and maintenance costs, within budgetary limits.
[This Article Wholly Amended by Act No. 11584, Dec. 18, 2012]
| Article 15 (Prohibited Acts for Preservation) |
No person may, without just cause, engage in any of the following activities with regards to private roads:
| 1. | Destructing a private road; |
| 2. | Piling earth and/or stones, placing trees, bamboo, or other obstacles on a private road; |
| 3. | Other activities hampering or interfering with the structure or traffic of a private road. |
[This Article Wholly Amended by Act No. 11584, Dec. 18, 2012]
| Article 16 (Penal Provisions) |
The following persons shall be punished by a fine not exceeding seven million won:
| 1. | Any person who has built, re-built, enlarged, or altered a private road without obtaining a permit, in violation of Article 4; |
| 2. | Any person who has restricted or blocked the public traffic on a private road, in violation of Article 9; |
| 3. | Any person who has collected tolls without obtaining a permit, in violation of Article 10. |
[This Article Wholly Amended by Act No. 11584, Dec. 18, 2012]
| Article 17 (Fines for Negligence) |
| (1) | The following persons shall be punished by a fine for negligence not exceeding three million won: |
| 1. | Any person who uses a private road before a road-ready inspection is conducted, in violation of Article 6 (2); |
| 2. | Any successor to rights and obligations has failed to report such fact to the head of the relevant Si/Gun/Gu, in violation of Article 11 (2); |
| 3. | Any person who fails to comply with an order to repair or improve a private road under Article 12; |
| 4. | Any person who fails to comply with an order to suspend construction, close or reinstate a private road under Article 13 (2); |
| 5. | Any person who engages in an activity of destructing a private road, piling earth and/or stones, placing trees, bamboo, or other obstacles on a private road, or hampering or interfering with the structure or traffic of a private road without just cause, in violation of any subparagraph of Article 15. |
| (2) | The head of a Si/Gun/Gu shall impose and collect fines for negligence under paragraph (1), as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11584, Dec. 18, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 4295 in the Tankun era.
Article 2 (Abrogation of Acts)
The Chosun Private Roads Regulations shall hereby be abrogated.
Article 3 (Transitional Measures)
The permission obtained pursuant to previous Acts and subordinate stat- utes before the enforcement of this Act shall be deemed as having been obtained pursuant to the provisions of this Act.
ADDENDUM <Act No. 1282, Feb. 26, 1963>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 6067, Dec. 28, 1999>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures on Penal Provisions) The application of penal provisions to any act committed before the entry into force of this Act shall be governed by the previous provisions. |
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. 11584, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Permits to Build Private Roads, etc.)
The amended provisions of Articles 2 through 6 shall apply beginning with the first case where a person applies for a permit under the amended provisions of Article 4 (1) after this Act enters into force. Article 3 (Applicability to Succession to Rights and Obligations of Builders of Private Roads)
The amended provisions of Article 11 shall apply beginning with the first case where a ground for succession to rights and obligations under the amended provisions of Article 11 (1) arises after this Act enters into force. Article 4 (General Transitional Measures)
Any disposition, procedure, or other action taken or performed pursuant to the former provisions before this Act enters into force shall be deemed taken or performed, respectively, pursuant to this Act.
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. 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. 13434, Jul. 24, 2015>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 16001, Dec. 18, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Reports of Succession to Rights and Obligations of Private Road Builders)
The amended provisions of Article 11 (3) and (4) shall begin to apply to reports of succession to the rights and obligations of a private road builder filed after the date this Act enters into force.