ROAD ACT
Wholly Amended by Act No. 8976, Mar. 21, 2008
Amended by Act No. 9730, May 27, 2009
Act No. 9763, jun. 9, 2009
Act No. 10001, Feb. 4, 2010
Act No. 10156, Mar. 22, 2010
Act No. 10272, Apr. 15, 2010
Act No. 10331, May 31, 2010
Act No. 10580, Apr. 12, 2011
Act No. 11471, jun. 1, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12639, May 21, 2014
Act No. 12976, Jan. 6, 2015
Act No. 13086, Jan. 28, 2015
Act No. 13426, Jul. 24, 2015
Act No. 13478, Aug. 11, 2015
Act No. 13791, Jan. 19, 2016
Act No. 13805, Jan. 19, 2016
Act No. 13796, Jan. 19, 2016
Act No. 14338, Dec. 2, 2016
Act No. 14539, Jan. 17, 2017
Act No. 15115, Nov. 28, 2017
Act No. 15455, Mar. 13, 2018
Act No. 15996, Dec. 18, 2018
Act No. 15997, Dec. 18, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote the construction of roads for safe and convenient use and the enhancement of public welfare by providing for matters concerning road network planning, designation of road routes, standards for the performance of road works and road facilities, management and maintenance of roads, sharing of costs and expenses incurred in the management and maintenance of roads, and other relevant matters.
The definitions of the terms used in this Act are as follows:
| 1. | The term "road" means any combination of facilities specified by Presidential Decree including any roadway, sidewalk, bike lane, side road, tunnel, bridge, and overpass, which falls within any of the categories mentioned in Article 10; and includes road appurtenances; |
| 2. | The term "road appurtenance" means a facility or structure listed below, installed by a road management authority to ensure convenient and safe use of a road, efficiency in road traffic, or management of a road: |
| (a) | A facility for assisting the use of a road, such as a parking lot, bus stop, or rest facility; |
| (b) | A facility for road safety, such as a delineator, medial divider, or speed bump; |
| (c) | A facility for road management, such as a toll collection facility, road control facility, or road management office; |
| (d) | A facility for traffic control, such as a road sign or traffic volume monitoring facility; |
| (e) | A facility appurtenant to a road for disaster prevention and rescue activities on the road, facility for improvement and maintenance of road conditions, such as a rock slide prevention facility or snow removal facility, or a planting strip; |
| (f) | Other facilities specified by Presidential Decree to maintain road functions; |
| 3. | The term "national road network" means a road network systematically composed of national expressways, general national highways, local highways, etc. to maximize their organically interlinking functions; |
| 4. | The term "main national road network" means the routes that function as the backbone of the national road network, which consist of national expressways defined in subparagraph 1 of Article 10 and general national highways defined in subparagraph 2 of said Article; |
| 5. | The term "road management authority" means an authority responsible for the planning, construction, and management of a road, which falls under either of the following according to the road classification specified in Article 23: |
| (a) | The Minister of Land, Infrastructure and Transport; |
| (b) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of a Si/Gun/ autonomous Gu (hereinafter referred to as "administrative authority"); |
| 6. | The term "road zone" means a strip of land zoned under Article 25 as an area for a road; |
| 7. | The term "road work" means a construction project for building a new road or for improving or repairing a road; |
| 8. | The term "maintenance and management of a road" means an activity conducted for general road management as necessary to maintain the functions of the road (including works for minor repair of the road); |
| 9. | The term "other structures" means embankments, revetments, bridges for a railroad or for a track, crossroads, roadside trees, and other structures specified by Presidential Decree. |
| Article 3 (Responsibilities of the State) |
| (1) | The State shall formulate a comprehensive plan for the construction, management, safety, etc. of road networks and shall formulate and implement policies necessary therefor. |
| (2) | When a road management authority formulates a road plan or constructs or manages a road, it shall take the following principles into account: |
| 1. | The road management authority shall thoroughly reflect the consensus of residents, competent experts, and stakeholders to prevent social conflicts; |
| 2. | The road management authority shall minimize environmental impacts; |
| 3. | The road management authority shall ensure that the road is maintained in a proper condition; |
| 4. | The road management authority shall harmonize the road functions and the land use in adjoining areas, thus ensuring the road’s sustainability; |
| 5. | The road management authority shall conserve local communities as much as possible; |
| 6. | The road management authority shall set up a road traffic information system for the safe and convenient use of the road. |
| Article 4 (Restrictions on Private Rights) |
No private right may be exercised over the land, retaining walls, and other facilities that form a road: Provided, That a private right may be exercised for transferring the ownership of such an asset or for granting a mortgage over such an asset.
CHAPTER II FORMULATION OF ROAD PLANS
| Article 5 (Formulation of Comprehensive National Road Network Plans) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate a comprehensive national road network plan (hereinafter "comprehensive plan") once every 10 years for the construction and efficient management of road networks. |
| (3) | Each comprehensive plan shall include the following matters: <Amended by Act No. 15997, Dec. 18, 2018> |
| 1. | Current condition of roads and projected changes in road traffic conditions; |
| 2. | Fundamental goals of road policies and direction-setting for implementation of such policies; |
| 3. | Matters concerning the environment-friendly construction and sustainability of roads; |
| 3-2. | Matters for securing safety of road facilities; |
| 4. | Matters concerning residents' cooperation to prevent social conflicts; |
| 5. | Matters for enhancing the value and convenience of use of roads through efficient utilization of road assets; |
| 6. | Matters concerning research on roads and technology development, such as the establishment of roads to which advanced technologies are applied; |
| 7. | Matters concerning the formation and construction of main national road networks; |
| 8. | Basic direction-setting for securing financial resources required for the construction and management of main national road networks and general priorities in investment; |
| 9. | Matters concerning international connection of main national road networks; |
| 10. | Other matters specified by Presidential Decree for the construction, management, and use of main national road networks. |
| (4) | When the Minister of Land, Infrastructure and Transport intends to formulate a comprehensive plan under paragraph (1), he/she shall consult with the heads of related central administrative agencies thereon and shall present the plan before the Road Policy Review Committee under Article 9 for deliberation, after seeking consensus from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"), and the head of each Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply). |
| (5) | When the Minister of Land, Infrastructure and Transport formulates a comprehensive plan under paragraph (1), he/she shall give public notice of main content thereof, in the Official Gazette without delay and shall submit the comprehensive plan to the head of each related central administrative agency, each Mayor/Do Governor, and the head of each Si/Gun/Gu. |
| (6) | The Minister of Land, Infrastructure and Transport may review the validity of a comprehensive plan on a five-year basis after the date on which the comprehensive plan is formulated and shall amend the comprehensive plan as necessary. |
| (7) | Paragraphs (4) and (5) shall apply mutatis mutandis to amendments to a comprehensive plan already formulated: Provided, That this shall not apply to modification of minor matters specified by Presidential Decree. |
| Article 6 (Formulation of Road Construction and Management Plans) |
| (1) | Each road management authority shall formulate a construction and management plan for roads (including branch lines of a national expressway or general national highway under Article 13; the same shall apply hereafter in this Article) within his/her jurisdiction according to the classification under Article 23 (hereinafter referred to as "construction and management plan"), once every five years for the efficient construction, maintenance, and management of such roads: Provided, That construction and management plans for State-funded local highways under Article 15 (2) shall be formulated by the Minister of Land, Infrastructure and Transport. |
| (2) | Each construction and management plan shall comply with the comprehensive plan. |
| (3) | Each construction and management plan shall include the following matters: |
| 1. | Objectives and direction-setting for the construction and management of roads; |
| 2. | An overview, the period, and priority of each road construction project; |
| 3. | Matters concerning the management of roads and the utilization and operation of roads and road assets; |
| 4. | Costs and expenses incurred in the construction and management of roads and matters concerning securing funding therefor; |
| 5. | Matters concerning the conservation and management of the environment along the roads and the conservation of local communities; |
| 6. | Matters concerning the improvement of landscaping along the roads; |
| 7. | Matters concerning the establishment and operation of a road traffic information system; |
| 8. | Other matters that the road management authority deems necessary for the systematic construction and management of roads. |
| (4) | When a road management authority intends to formulate a construction and management plan, he/she shall seek consensus from the heads of related administrative agencies about matters related to the construction of roads and may request the head of the competent local government to furnish him/her with relevant data, if necessary. |
| (5) | When the Minister of Land, Infrastructure and Transport intends to formulate a construction and management plan under paragraph (1), he/she shall present the plan to the Road Policy Review Committee under Article 9 for deliberation, while a Mayor/Do Governor who intends to formulate a construction and management plan shall consult with the Minister of Land, Infrastructure and Transport on the plan; and the head of a Si/Gun/Gu who intends to formulate a construction and management plan shall consult with the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor. |
| (6) | Road management authorities shall examine and assess the value of each road as an asset, reflect the value in the construction and management plan, and manage relevant documents systematically, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the examination and valuation of each road as an asset shall be conducted in accordance with the national accounting standards under Article 11 of the National Accounting Act. |
| (7) | When a road management authority formulates a construction and management plan, he/she shall give public notice thereof, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (8) | Paragraphs (5) and (7) shall apply mutatis mutandis to amendments to an existing construction and management plan: Provided, That this shall not apply to modification of minor matters specified by Presidential Decree. |
| Article 7 (Adjustment of Construction and Management Plans) |
| (1) | If administrative authorities present conflicting opinions with respect to a construction and management plan formulated by an administrative authority under Article 6 (excluding construction and management plans for roads of a Si/Gun/Gu), the Minister of Land, Infrastructure and Transport may adjust the plan, ex officio or upon request from the relevant administrative authorities. |
| (2) | When the Minister of Land, Infrastructure and Transport intends to make an adjustment under paragraph (1), he/she shall seek consensus from the relevant administrative authorities and bring the case before the Road Policy Review Committee under Article 9 for deliberation. |
| (3) | When the Minister of Land, Infrastructure and Transport intends to adjust a construction and management plan, ex officio, under paragraph (1), he/she shall in advance notify the relevant administrative authorities of his/her intention. |
| (4) | When a construction and management plan is amended by adjustment under paragraph (1), the competent administrative authority shall give public notice of the details of the amendment. |
| (5) | Except as otherwise provided in paragraphs (1) through (4), matters necessary for the adjustment of construction and management plans shall be prescribed by Presidential Decree. |
| Article 8 (Improvement of Traffic Congestion on Roads in Metropolitan Areas) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate a plan for a project designed to improve heavily congested conditions in metropolitan area roads (hereinafter referred to as "project plan") on a five-year basis, with regard to the major metropolitan highways in the sections requiring an improvement project in order to ease traffic congestion and facilitate logistics flow (hereinafter referred to as "congested roads in metropolitan areas"), among the roads for which a Mayor/Do Governor or the head of a Si/Gun/Gu is a road management authority. |
| (2) | A project plan shall include the following matters: |
| 1. | Objectives of the project for improving congested roads in metropolitan areas (hereafter referred to as "improvement project" in this Article); |
| 2. | Roads included in the improvement project; |
| 3. | Annual plans for the improvement project; |
| 4. | Total amount invested for the implementation of the improvement project; |
| 5. | A plan for raising funds required for the implementation of the improvement project; |
| 6. | Other matters specified by Presidential Decree. |
| (3) | When the Minister of Land, Infrastructure and Transport intends to formulate a project plan, he/she shall consult with the heads of related central administrative agencies and the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu and shall present the plan for deliberation to the Road Policy Review Committee under Article 9. |
| (4) | Administrative authorities shall formulate and implement a detailed annual project plan for the improvement of congested roads in metropolitan areas in accordance with the relevant project plan. |
| (5) | The criteria for the selection of congested roads in metropolitan areas, methods of management of such roads, and other necessary matters shall be prescribed by Presidential Decree. |
| (6) | Paragraph (3) shall apply mutatis mutandis to amendments to a project plan already formulated: Provided, That this shall not apply to modification of minor matters specified by Presidential Decree. |
| (7) | The Minister of Land, Infrastructure and Transport may, on a five-year basis, investigate actual conditions of traffic congestion on the main arterial roads of a large city with a population of at least 500,000 under Article 175 of the Local Autonomy Act. <Newly Inserted by Act No. 14539, Jan. 17, 2017> |
| Article 9 (Establishment and Formation of Road Policy Review Committee) |
| (1) | In order to deliberate on the following matters with regard to road policies, there is hereby established a Road Policy Review Committee (hereinafter referred to as the "Committee") under the Minister of Land, Infrastructure and Transport: |
| 1. | Formulation of and amendment to a comprehensive plan; |
| 2. | Formulation of and amendment to a construction and management plan established by the Minister of Land, Infrastructure and Transport; |
| 3. | Adjustment of a construction and management pan; |
| 4. | Formulation of and amendment to a project plan for improving congested roads in metropolitan areas; |
| 5. | Designation of the route of a road designated and publicly notified by the Minister of Land, Infrastructure and Transport; |
| 6. | Adjustment of tolls for a State-managed toll road; |
| 7. | Re-evaluation of a road-related project that meets the requirements prescribed by Presidential Decree, among chronically hampered road-related projects; |
| 8. | Other important matters relating to road policies tabled by the Minister of Land, Infrastructure and Transport for deliberation. |
| (2) | The Committee shall be comprised of not more than 25 members, including one chairperson and one vice chairperson. |
| (3) | The chairperson and vice chairperson shall be appointed by the Minister of Land, Infrastructure and Transport. |
| (4) | Members of the Committee shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport, from among the following persons: |
| 1. | Public officials in general service belonging to the Senior Civil Service Corps or of at least Grade-III public officials from central administrative agencies; |
| 2. | Persons recognized by the Minister of Land, Infrastructure and Transport as necessary, from among persons who have substantial knowledge and experience in roads. |
| (5) | The term of office of a committee member who is not a public official shall be two years, renewable for additional terms; while the term of office of a committee member appointed to fill a vacancy shall coincide with the predecessor's remaining term of office. |
| (6) | Matters concerning the organization and management of the Committee and other necessary matters shall be prescribed by Presidential Decree. |
CHAPTER III CLASSIFICATION OF ROADS AND ROAD MANAGEMENT AUTHORITIES
| Article 10 (Categories and Ranking of Roads) |
Each road shall be classified as follows and shall be ranked in the order of priority enumerated below:
| 1. | National expressways (including their branch lines); |
| 2. | General national highways (including their branch lines); |
| 3. | Special Metropolitan City roads and Metropolitan City roads; |
| Article 11 (Designation and Public Notice of National Expressways) |
The Minister of Land, Infrastructure and Transport shall determine routes of the roads used for express transport exclusively for motor vehicles (referring to the motor vehicles and construction machinery specified by Presidential Decree, of the motor vehicles defined in subparagraph 1 of Article 2 of the Motor Vehicle Management Act and the construction machinery defined in Article 2 (1) 1 of the Construction Machinery Management Act; the same shall apply hereafter in Articles 47 and 113, and subparagraph 1 of Article 115), of the roads that serve as arteries of road transport networks linking major cities, and shall designate and publicly notify such roads as national expressways.
| Article 12 (Designation and Public Notice of General National Highways) |
| (1) | The Minister of Land, Infrastructure and Transport shall determine routes of the roads that form main national road networks, along with national expressways, which link major cities, designated ports and harbors (referring to the ports and harbors designated by the Minister of Oceans and Fisheries under Article 3 of the Harbor Act), major airports, national industrial complexes, tourist destinations, etc. and shall designate and publicly notify such roads as general national highways. |
| (2) | When the Minister of Land, Infrastructure and Transport intends to designate and publicly notify the route of a general national highway under paragraph (1), and if necessary to substitute an existing general national highway passing through the jurisdiction of a Special Self-Governing City, Special Self-Governing Province, or Si with the route, he/she may designate and publicly notify the section that bypasses the existing national highway as an alternative bypass to the general national highway (hereinafter referred to as "bypass to a national highway"). |
| (3) | If the Minister of Land, Infrastructure and Transport deems it necessary to maintain the functions of a general national highway as part of a main national road network, he/she may designate and publicly notify a specific section of a general national highway in the area of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, or a Si (excluding the areas of Eups/Myeons) as a designated general national highway (hereinafter referred to as "designated national highway"). In such cases, the criteria and procedure for designating national highways and the standards for managing designated national highways shall be prescribed by Presidential Decree. |
| (4) | When the Minister of Land, Infrastructure and Transport intends to designate any road as a designated national highway under paragraph (3) (including amendment or cancellation of such designation), he/she shall hear the opinion of the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si, whoever has jurisdiction over the section to be designated as a national highway. |
| Article 13 (Branch Lines of National Expressways or General National Highways) |
| (1) | The Minister of Land, Infrastructure and Transport may designate and publicly notify any of the following roads as a branch line of a national expressway or general national highway (hereinafter referred to as "branch line"): |
| 1. | A road that links a national expressway or general national highway to an adjoining city, port, harbor, airport, industrial complex, or logistics facility; |
| 2. | A road that bypasses a national expressway or general national highway to supplement the functions of the national expressway or general national highway, or a road that links a national expressway or general national highway with another national expressway or general national highway. |
| (2) | Except as otherwise provided in paragraph (1), matters necessary for criteria for designating branch lines shall be prescribed by Presidential Decree. |
| (3) | A branch line shall be deemed a national expressway or general national highway according to the category of the principal roads linked to the branch line. In such cases, the scope of the principal roads linked to a branch line shall be determined by the Minister of Land, Infrastructure and Transport. |
| Article 14 (Designation and Public Notice of Special Metropolitan City Roads and Metropolitan City Roads) |
The Special Metropolitan City Mayor or a Metropolitan City Mayor shall specify routes of the roads that meet any of the following criteria, of the roads within the jurisdiction of the Special Metropolitan City or the Metropolitan City, and designate and publicly notify such roads as Special Metropolitan City roads or as Metropolitan City roads:
| 1. | Roads that form major road networks of the Special Metropolitan City or the Metropolitan City; |
| 2. | Roads that link a major area of the Special Metropolitan City or the Metropolitan City with a neighboring city, port, harbor, industrial complex, or logistics facility; |
| 3. | Particularly important roads for maintaining the functions of the Special Metropolitan City or the Metropolitan City in addition to the roads specified in subparagraphs 1 and 2. |
| Article 15 (Designation and Public Notice of Local Highways) |
| (1) | A Do Governor or a Special Self-Governing Province Governor shall determine routes of the roads that form the main road networks of the relevant area and meet any of the following criteria, among the roads within the jurisdiction of the Do or Special Self-Governing Province, and shall designate and publicly notify such roads as local highways: |
| 1. | Roads linking the seat of the Do or Special Self-Governing Province Office with the seat of a Si/Gun Office; |
| 2. | Roads leading to the seat of a Si/Gun Office; |
| 3. | Roads leading to an airport, port, harbor, railroad station in the Do or Special Self-Governing Province or closely related to the Do or Special Self-Governing Province; |
| 4. | Roads linking an airport, port, harbor, railroad station in the Do or Special Self-Governing Province with a national expressway, general national highway, or another local highway closely related to the Do or Special Self-Governing Province; |
| 5. | Roads particularly important for the development of the Do or Special Self-Governing Province in addition to the roads specified in subparagraphs 1 through 4. |
| (2) | If the Minister of Land, Infrastructure and Transport deems it necessary to link major cities, airports, ports, harbors, industrial complexes, major islands, tourist destinations, or other major facilities generating road traffic and to supplement main national road networks, he/she may determine routes of some of the local highways and designate and publicly notify such roads as State-funded local highways. In such cases, if the Minister of Land, Infrastructure and Transport deems it necessary to maintain consistency in the interconnection of transport systems, he/she may include the sections of Special Metropolitan City roads, Metropolitan City roads, Si/Gun roads, or newly built roads with no route yet determined, in a State-funded local highway designated and publicly notified by him/her. |
| Article 16 (Designation and Public Notice of Si Roads) |
A Special Self-Governing City Mayor or the head of a Si (referring to a Special Self-Governing Province Governor, if the Si is an administrative city) shall determine routes of the roads within the jurisdiction of the Special Self-Governing City, Si, or administrative city, and designate and publicly notify such roads as Si roads.
| Article 17 (Designation and Public Notice of Gun Roads) |
The head of a Gun shall determine routes of the roads that meet any of the following criteria, among the roads within the jurisdiction of the Gun (including Guns within the jurisdiction of a Metropolitan City; the same shall apply hereafter in this Article), and designate and publicly notify such roads as Gun roads:
| 1. | Roads linking the seat of the Gun Office with the seat of an Eup/Myeon Office; |
| 2. | Roads leading to the seat of an Eup/Myeon Office; |
| 3. | Roads particularly important for the development of the Gun in addition to the roads specified in subparagraphs 1 and 2. |
| Article 18 (Designation and Public Notice of Gu Roads) |
The head of a Gu shall determine routes of the roads that link a Dong with another Dong, of the roads that are neither Special Metropolitan City roads nor Metropolitan City roads within the jurisdiction of the Gu, and designate and publicly notify such roads as Gu roads.
| Article 19 (Methods for Designation and Public Notice of Road Routes) |
| (1) | The designation and public notice of the route of each national expressway, general national highway, branch line, or State-funded local highway under Articles 11 through 13 and 15 (2) shall be made through the Official Gazette, while the designation and public notice of the route of each Special Metropolitan City road, Metropolitan City road, local highway, Si road, Gun road, or Gu road under Articles 14, 15 (1), and 16 through 18 shall be made through the official bulletin of the competent local government. |
| (2) | The designation and public notice of the route of a road under paragraph (1) shall include the following: |
| 3. | Starting point and terminal point; |
| 4. | Major points of passage; |
| 5. | Other necessary matters. |
| (3) | When the Minister of Land, Infrastructure and Transport intends to designate and publicly notify a route under paragraph (1), he/she shall consult with the heads of related central administrative agencies thereon and table the case before the Committee for deliberation. |
| (4) | When it is necessary for a road management authority to designate and publicly notify a road route as a result of road works conducted by any person other than the road management authority, he/she may designate and publicly notify the road route under paragraphs (1) through (3) after ascertaining the completion of the road works. |
| Article 20 (Designation of Extra-Jurisdictional Road Routes) |
| (1) | If an administrative authority deems it particularly necessary, he/she may designate a road outside of hiss/her jurisdiction as a Special Metropolitan City road, Metropolitan City road, local highway, Si road, Gun road, or Gu road in consultation with the competent administrative authority, as prescribed by Presidential Decree, notwithstanding Articles 14 through 18. |
| (2) | If administrative authorities fail to reach agreement through consultation under paragraph (1), a Mayor/Do Governor may request the Minister of Land, Infrastructure and Transport to make a decision thereon, while the head of a Si/Gun/Gu may request the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor, as competent, to make a decision thereon. |
| (3) | When a decision is made under paragraph (2), it shall be deemed that agreement is reached as a result of consultation under paragraph (1). |
| (4) | When agreement is reached under paragraph (1) or a decision is made under paragraph (2), the administrative authority that designates the road route shall give public notice of the designation through the official bulletin of the competent local government. |
| Article 21 (Change or Abolition of Road Routes) |
| (1) | The Minister of Land, Infrastructure and Transport or an administrative authority may change or wholly or partially abolish, a road route designated under Articles 11 through 18 and 20. |
| (2) | When an administrative authority intends to designate, change, or abolish a road route, he/she shall obtain approval from the Minister of Land, Infrastructure and Transport, if the road is a Special Metropolitan City road, Metropolitan City road, local highway, or Si road (limited to the roads with routes designated by a Special Self-Governing City Mayor), or from the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor, if the road is a Si road (excluding the roads with routes designated by a Special Self-Governing City Mayor), Gun road, or Gu road, as prescribed by the Ministry of Land, Infrastructure and Transport. |
| (3) | When the Minister of Land, Infrastructure and Transport or an administrative authority intends to change or abolish a road route under paragraph (1), he/she shall give public notice thereof, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 22 (Intersecting Road Routes) |
| (1) | Regarding a section at which two or more roads in different categories intersect, the provisions concerning the upper-tier road (referring to the road superior to the relevant other roads according to the order of priority specified in Article 10; the same shall apply hereinafter) shall apply. |
| (2) | When the Minister of Land, Infrastructure and Transport or an administrative authority intends to designate or change a road route to make the route intersect with another route or intends to change or abolish the road route that intersects with another route, he/she shall notify the administrative authority that has designated such another route or the Minister of Land, Infrastructure and Transport (including the competent road management authority, if the administrative authority that has designated such other route or the Minister of Land, Infrastructure and Transport is not the competent road management authority) thereof. |
| Article 23 (Road Management Authorities) |
| (1) | The competent road management authority shall be determined as follows: |
| 1. | National expressways and general national highways under Articles 11 and 12: The Minister of Land, Infrastructure and Transport; |
| 2. | State-funded local highways under Article 15 (2) (hereinafter referred to as "State-funded local highways"): A Do Governor or a Special Self-Governing Province Governor (the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Special Self-Governing City Mayor for the section within the jurisdiction of the relevant Special Metropolitan City, Metropolitan City, or Special Self-Governing City); |
| 3. | Other roads: The administrative authority that has designated the relevant route. |
| (2) | Notwithstanding paragraph (1), for general national highways and local highways (excluding bypasses to a national highway and designated national highways; the same shall apply hereafter in this Article) within the jurisdiction of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, or a Si, the relevant Mayor/Do Governor or the head of the relevant Si shall serve as the road management authority: |
| 1. | General national highways in each Dong within the jurisdiction of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, or a Special Self-Governing Province: The relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, or Special Self-Governing Province Governor; |
| 2. | Local highways in each Dong within the jurisdiction of a Special Self-Governing City: The relevant Special Self-Governing City Mayor; |
| 3. | General national highways and local highways in each Dong within the jurisdiction of a Si: The head of the relevant Si. |
| Article 24 (Consultation and Decision-Making on Road Management) |
| (1) | Notwithstanding Article 23, with regard to a road along the borders of administrative districts, relevant administrative authorities may mutually consult to make a decision on the competent road management authority and the management method. |
| (2) | If administrative authorities fail to reach agreement under paragraph (1), either administrative authority may request the Minister of Land, Infrastructure and Transport to decide thereon, if the road is along the borders of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do"), or either administrative authority may request the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor to decide thereon, if the road is not the one along the borders of any City/Do. |
| (3) | When a decision is made under paragraph (2), it shall be deemed that agreement is reached as a result of consultation under paragraph (1). |
| (4) | When agreement is reached under paragraph (1) or a decision is made under paragraph (2), the relevant administrative authorities shall give public notice thereof. |
CHAPTER IV ROAD ZONES AND IMPLEMENTATION OF ROAD-RELATED PROJECTS
| Article 25 (Determination of Road Zones) |
| (1) | When the designation, change, or abolition of a road route is publicly notified, the relevant road management authority shall determine, alter, or abolish the road zone of the relevant road accordingly without delay. |
| (2) | Notwithstanding paragraph (1), the road management authority in charge of an upper-tier road (hereinafter referred to as "upper-tier road management authority") may determine, alter, or abolish any junction or intersection of a lower-tier road (referring to a road subordinate to other relevant roads according to the order of priority specified in the subparagraphs of Article 10; the same shall apply hereinafter), which is linked or connected to the relevant upper-tier road. In such cases, the upper-tier road management authority shall obtain prior consent from the road management authority in charge of the road (hereinafter referred to as "lower-tier road management authority"). |
| (3) | When a road management authority determines, alters, or abolishes a road zone under paragraph (1) or (2), it shall give detailed public notice of the matters specified by Presidential Decree, such as the ground therefor and the location and size of the road zone, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall make drawings therof available to the general public for inspection. |
| Article 26 (Hearing Opinions of Residents) |
| (1) | When a road management authority intends to determine, alter, or abolish a road zone under Article 25, it shall make a public announcement of the matters specified by Presidential Decree, such as the address of the relevant road zone, drawings, and the size of the road zone, to hear the opinions of residents, relevant experts, etc.: Provided, That the foregoing procedure shall not apply to modification of the minor matters specified by Presidential Decree. |
| (2) | Matters necessary for a public announcement under paragraph (1) and hearing opinions of residents, relevant experts, etc. shall be prescribed by Presidential Decree. |
| Article 27 (Restrictions on Acts) |
| (1) | A person who intends to conduct construction of buildings, installation of structures, change of the form and quality of land, extraction of soil and stones, division of a parcel of land, piling of articles or objects, and any other act specified by Presidential Decree in a road zone or in a place prearranged for the determination, alteration, or abolition of a road zone (hereinafter referred to as "place prearranged for a road zone"), publicly announced under Article 26 (1), shall obtain permission from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, (hereafter in this Act referred to as "permitting authority"). The foregoing procedure shall also apply to modification of the matters permitted. |
| (2) | Notwithstanding paragraph (1), the following activities in a road zone or a place prearranged for a road zone are exempt from the requirement to obtain permission: |
| 1. | Emergency measures required for restoration from a disaster or control of a calamity; |
| 2. | Other acts specified by Presidential Decree. |
| (3) | If a person obliged to obtain permission under paragraph (1) falls under any of the following before a public announcement is made under Article 26 (1), the person may continue to engage in the relevant activities after reporting to the permitting authority, as prescribed by Presidential Decree: |
| 1. | A person who has already commenced the relevant works or project with, or according to, permission, authorization, license, approval, cancellation, determination, consent, or consultation (hereinafter referred to as "authorization or permission") under relevant statutes and regulations, where the relevant activities are subject to authorization or permission under relevant statutes and regulations; |
| 2. | A person who has already commenced the relevant works or project after reporting under relevant statutes and regulations, where the relevant activities shall be subject to reporting under relevant statutes and regulations; |
| 3. | A person who has already commenced the relevant works or project, where it is unnecessary to obtain authorization or permission or report the relevant activities under relevant statutes and regulations. |
| (4) | The permitting authority shall notify the person who has filed a report under paragraph (3) of whether the report is accepted, within 15 days after the receipt of the report. <Newly Inserted by Act No. 15997, Dec. 18, 2018> |
| (5) | If the permitting authority fails to notify the person who has filed a report of whether the report is accepted within the period provided in paragraph (4) or of the extension of a processing period under statutes and regulations relating to the processing of civil petitions, the relevant report shall be deemed to have been filed on the day immediately following the end of the said processing period (referring to the corresponding processing period if the processing period has been extended or re-extended under statutes and regulations relating to the processing of civil petitions). <Newly Inserted by Act No. 15997, Dec. 18, 2018> |
| (6) | The permitting authority may order a person who conducted any activities provided in paragraph (1) without permission, to restore the original state. In such cases, if the person who has received such order fails to comply with it, the permitting authority may vicariously perform such restoration under the Administrative Vicarious Execution Act. <Amended by Act No. 15997, Dec. 18, 2018> |
| (8) | Notwithstanding paragraph (1), if a public announcement on determination or change of a road zone under Article 25 (3) is not made within five years from the date of a public announcement under Article 26 (1) with respect to the relevant place prearranged for a road zone, a permission under paragraph (1) need not to be obtained to perform activities prescribed in paragraph (1). <Amended by Act No. 15997, Dec. 18, 2018> |
| Article 28 (Three-Dimensional Road Zones) |
| (1) | If a road management authority deems it necessary to make appropriate and rational use of land in the area over which a road passes when he/she determines or alters a road zone for the road under Article 25, he/she may specify the limits on space above and below the road, such as space at or below ground level in designating the road zone. |
| (2) | When a road management authority intends to designate a road zone under paragraph (1) (hereinafter referred to as "three-dimensional road zone"), it shall consult with the owners or holders of any other right of parcels of land, buildings, or fixtures regarding the grant or transfer of divided surface rights; it shall not designate a three-dimensional road zone, if it fails to reach agreement on the space at ground level. In such cases, matters that shall be included in the agreement, such as ownership and other rights, which are the subject matter of the agreement, and the scope of divided surface rights, shall be prescribed by Presidential Decree. |
| (3) | When an agreement on the use of parcels of land has been made under paragraph (2), the road management authority shall cause divided surface rights to be created or transferred. The divided surface rights in such cases shall remain in perpetuity with the life of the road, notwithstanding Articles 280 and 281 of the Civil Act. |
| (4) | Upon notification of a decision made by the competent land tribunal (referring to the competent land tribunal under Article 51 of the Act on Acquisition of and Compensation for Land for Public Works Projects; the same shall apply hereinafter) on expropriation or use with regard to the creation or transfer of divided surface rights under the Act on Acquisition of and Compensation for Land for Public Works Projects for the underground sections of a three-dimensional road zone, the competent road management authority may unilaterally file an application for registration to create or transfer the divided surface rights under Article 99 of the Registration of Real Estate Act. |
| (5) | Necessary matters concerning the procedure for registration of divided surface rights with regard to the use of land shall be prescribed by Rules of the Supreme Court. |
| Article 29 (Constructive Authorization and Permission under Other Statutes) |
| (1) | When a road management authority determines or alters a road zone under Article 25, the following authorization, permission, etc., for the matters on which the road management authority has consulted with the heads of related administrative agencies pursuant to paragraph (2) shall be deemed granted, and when the determination or alteration of such road zone is publicly notified, the relevant authorization, permission, etc., shall be deemed publicly notified or announced: <Amended by Act No. 13426, Jul. 24, 2015> |
| 7. | Permission to occupy and use urban parks or permission for activities in urban natural park areas under Article 24 (1) or the proviso to Article 27 (1) of the Act on Urban Parks, Green Areas; |
| 15. | Permission to relocate graves under Article 27 (1) of the Act on Funeral Services; |
| (2) | If a road management authority finds a matter specified in any subparagraph of Article (1) when it intends to determine or alter a road zone under Article 25, it shall request the head of the related administrative agency to consult thereon, and upon receipt of such request, the head of the related administrative agency shall present his/her opinion within 20 days from the date on which he/she receives the request. In such cases, if the head of the related administrative agency fails to present his/her opinion within the specified period, he/she shall be deemed to have no objection thereto. |
| (3) | Upon receipt of a request for consultation under paragraph (2), the head of a related administrative agency shall present his/her opinion at the time of consultation, according to the criteria for granting authorization or permission prescribed in the statutes referred to in the subparagraphs of paragraph (1) and shall consult with the competent road management authority. |
| (4) | The head of the related administrative agency, in charge of a matter specified in any subparagraph of paragraph (1), shall notify the Minister of Land, Infrastructure and Transport of the guidelines for processing the matter (including amended guidelines for processing), and the Minister of Land, Infrastructure and Transport shall combine and publicly notify the guidelines for processing such matters. |
| (5) | When a road management authority publicly announces commencement of the use of a road under Article 39 (1), the relevant construction works or project shall be deemed to have successfully passed the completion inspection or obtained completion authorization required in relation to the authorization, permission, etc., listed in the subparagraphs of paragraph (1). |
| Article 30 (Installation of Facilities in Road Zones) |
In order to promote the convenience of road users, a road management authority may install and operate road appurtenances and the following facilities for public services in a road zone, to the extent such appurtenances and facilities do not diminish the utility of the road:
| 1. | Park facilities as defined in subparagraph 4 of Article 2 of the Act on Urban Parks, Green Areas; |
| 4. | Other facilities specified by Presidential Decree, necessary to enhance the utility of roads and provide public services. |
| Article 31 (Road Works and Maintenance and Management of Roads) |
| (1) | Except as otherwise expressly provided in this Act or any other statute, road works and the maintenance and management of a road shall be conducted by the competent road management authority for the road. |
| (2) | Notwithstanding paragraph (1), the Minister of Land, Infrastructure and Transport may authorize a Do Governor or a Special Self-Governing Province Governor to perform road works for specific sections of general national highways and the maintenance and management of roads, as prescribed by Presidential Decree. In such cases, the Minister of Land, Infrastructure and Transport shall consult in advance with the relevant Do Governor or Special Self-Governing Province Governor. |
| (3) | Surveys and planning necessary to perform road works for State-funded local highways shall be conducted by the Minister of Land, Infrastructure and Transport: Provided, That surveys and planning for the sections of State-funded local highways located in the Special Metropolitan City or a Metropolitan City shall be conducted by the Special Metropolitan City Mayor or a Metropolitan City Mayor, but the plans for State-funded local highways shall be subject to approval by the Minister of Land, Infrastructure and Transport. |
| (4) | The road management authority for a State-funded local highway shall perform road works for the State-funded local highway in accordance with the road construction and management plan formulated by the Minister of Land, Infrastructure and Transport under the proviso to Article 6 (1) and the surveys and planning under paragraph (3). |
| (5) | Where the construction costs of a State-funded local highway are borne solely by the road management authority in charge of the State-funded local highway, the road management authority may perform road works without the road construction and management plan formulated by the Minister of Land, Infrastructure and Transport, notwithstanding paragraph (4). |
| Article 32 (Vicarious Performance of Road Works by Upper-Tier Road Management Authorities) |
| (1) | If the Minister of Land, Infrastructure and Transport deems it necessary, he/she may perform road works the competent administrative authority shall otherwise perform, as prescribed by Presidential Decree: Provided, That the road works for Si/Gun/Gu roads shall be excluded herefrom. |
| (2) | If the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor deems it necessary, he/she may perform road works the head of a Si/Gun/Gu within his/her jurisdiction shall otherwise perform, as prescribed by Presidential Decree. |
| (3) | Where the Minister of Land, Infrastructure and Transport, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor intends to perform road works under paragraph (1) or (2), he/she may vicariously exercise the authority of the competent road management authority for the relevant road, as prescribed by Presidential Decree. |
| Article 33 (Performing Construction Works for Other Structures) |
| (1) | If a road can concurrently serve as a structure other than a road, or if any structure other than a road can concurrently serve as a road, the competent road management authority may authorize the manager of such structure to perform road works or to maintain and manage the road, as prescribed by Presidential Decree, and the road management authority may directly perform construction works on such structure or maintain and manage the structure. |
| (2) | Where a road management authority performs construction works on a structure other than a road or maintains and manages such structure under paragraph (1), the construction works or the maintenance and management of such structure shall be deemed road works or the maintenance and management of a road. |
| (3) | Where a road management authority authorizes the manager of any structure other than a road, to perform road works under paragraph (1), the manager of the structure shall undergo the completion inspection from the road management authority after road works are completed, as prescribed by Presidential Decree. |
| (4) | When a road management authority directly performs construction works for any structure other than a road under paragraph (1) (excluding the management of any structure other than a road; hereafter in this Article the same shall apply), the road management authority shall notify the manager of the structure thereof before it performs construction works and shall notify the manager of the structure, of the completion of the construction works after completion thereof: Provided, That if the manager of such structure is the head of a central administrative agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu, the road management authority shall hold prior consultations with the manager thereon. |
| Article 34 (Performing Incidental Works) |
| (1) | A road management authority may perform either of the following construction works (hereinafter referred to as "incidental works") concurrently with road works. Incidental works in such cases shall be deemed road works: |
| 1. | Construction works required to perform road works; |
| 2. | Construction works consequential to road works. |
| (2) | Article 33 (4) shall apply mutatis mutandis where a road management authority performs incidental works. In such cases, "construction works for any structure other than a road" shall be construed as "incidental works", and "any structure other than a road" as "any related facility". |
| Article 35 (Orders Issued to Persons Obligated for Construction Works to Perform Works) |
| (1) | When a road management authority needs to perform road works due to any construction works other than road works (hereinafter referred to as "other construction works") or activities other than road works (hereinafter referred to as "other activities"), the road management authority may require the implementer of such other construction works or implementer of such other activities to perform the road works or may directly perform the road works at the expense of the implementor of the construction works or implementer of such other activities. |
| (2) | Article 33 (3) shall apply mutatis mutandis where a road management authority requires the implementer of other construction works or implementer of activities under paragraph (1). In such cases, "the manager of any structure other than a road" shall be construed as "the implementor of the construction works or implementer of other activities". |
| (3) | When a road management authority intends to directly perform road works at the expense of the implementor of other construction works or the person who has conducted other activities under paragraph (1), the road management authority shall notify the implementor of such other construction works or the person who has conducted such other activities of its intention before performing the works, as prescribed by Presidential Decree, and shall notify the implementer or the person of the completion, when such works are completed. |
| Article 36 (Road Works by Persons Other Than Road Management Authorities) |
| (1) | If a person who is not a road management authority intends to perform road works or maintain and manage a road, the person shall obtain permission from the competent road management authority, as prescribed by Presidential Decree: Provided, That such person may perform road works or maintain and manage a road without obtaining permission from the competent road management authority in any of the following cases: |
| 1. | Where the manager of another structure under Article 33 (1) performs road works or where the implementer of other works or the person who has conducted other activities performs road works; |
| 2. | Where a upper-tier road management authority performs road works at a junction or intersection of a lower-tier road linked or connected to an upper-tier road. In such cases, the upper-tier road management authority shall hold prior consultations with the lower-tier road management authority thereon, as prescribed by Presidential Decree; |
| 3. | Where minor maintenance and management of roads specified by Presidential Decree is conducted. |
| (2) | A person who has obtained permission from a road management authority under paragraph (1) shall report the commencement of construction works to the road management authority, as prescribed by Presidential Decree, and shall undergo the completion inspection from the road management authority, after such works. |
| (3) | Where a upper-tier road management authority performs road works for a lower-tier road under paragraph (1) 2, the upper-tier road management authority shall notify the relevant lower-tier road management authority thereof upon completion of the construction works, as prescribed by Presidential Decree. |
| Article 37 (Road Works by Public Organizations or Private Persons) |
A road management authority may authorize a public organization or private person who has a direct interest in a road to perform minor road works or maintenance and management of roads, prescribed by Presidential Decree.
| Article 38 (Ownership of Public Facilities) |
| (1) | Where a road management authority installs a new public facility (referring to a public facility as defined in subparagraph 13 of Article 2 of the National Land Planning and Utilization Act: the same shall apply hereinafter) or installs a facility to replace an existing public facility through road works, the ownership of the newly installed public facility shall vest in the authority managing the facility without consideration therefor, while the ownership of the existing public facility shall vest in the road management authority gratuitously, notwithstanding the State Property Act and the Public Property and Commodity Management Act. |
| (2) | When a road management authority intends to perform construction works in which the ownership of a public facility under paragraph (1) is involved, he/she shall seek consensus from the authority managing the public facility: Provided, That if no management authority is designated for the public facility, the road management authority shall seek consensus from the management authority designated later but before the completion of the public facility, but if the responsible management authority is uncertain, the Minister of Land, Infrastructure and Transport shall be deemed the responsible management authority, if the public facility is a road or river, and the Minister of Economy and Finance shall be deemed the responsible management authority, if the public facility is not a road or river. |
| (3) | If a road management authority commences road works after seeking consensus from the competent management authority under paragraph (2), the road management authority can undertake the road works, as deemed to hold approval or permits under relevant statutes to occupy and use the public facilities included in the relevant permit. In such cases, the road management authority shall be deemed exempted from occupancy fees or use fees for the occupancy or use of the relevant public facilities. |
| (4) | When a road management authority begins to use a road under Article 39 (1) after completion of the road works, he/she shall notify the authority managing the relevant facility of the type of the public facility and the list of parcels of the land. In such cases, the ownership of the relevant public facility shall be deemed to vest in the authority managing the relevant facility and the road management authority, respectively. |
| (5) | A document proving the ground for registration under the Registration of Real Estate Act shall be substituted by a document proving the commencement of use under Article 39 (1), when a public facility under paragraph (1), (2), or (4) is registered. |
CHAPTER V USE AND MANAGEMENT OF ROADS
| Article 39 (Commencement or Discontinuance of Use of Roads) |
| (1) | When a road management authority intends to fully or partially commence or discontinue using a road section, it shall give public notice thereof, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall make drawings thereof available to the general public for inspection: Provided, That the foregoing shall not apply to a road intersection, where a road route designated or altered intersects with an existing road. |
| (2) | When a road management authority intends to commence the use of a newly built general national highway, the road management authority shall discontinue using the corresponding section of the existing general national highway replaced by the newly built general national highway under paragraph (1): Provided, That the foregoing shall not apply where necessary to continue to use the corresponding section of an existing general national highway as a general national highway. |
| (3) | The road management authority in charge of the section of a general national highway discontinued under paragraph (2) shall notify the Do Governor or Special Self-Governing Province Governor having jurisdiction over the section subject to discontinued use of the general national highway. Upon receipt of the notice, the Do Governor or Special Self-Governing Province Governor shall designate a new route as a local highway for the discontinued section of the general national highway, without delay, and shall manage the section as competent road management authority. |
| (4) | If a Do Governor or a Special Self-Governing Province Governor finds it impracticable to designate a route as a local highway under paragraph (3), he/she shall without delay notify the head of the competent Si/Gun having jurisdiction over the discontinued section of the general national highway thereof. Upon receipt of such notice, the head of the Si/Gun shall without delay designate a new route as a Si/Gun road for the discontinued section of the general national highway, and shall manage the section as competent road management authority. |
| (5) | Paragraphs (2) and (3) shall apply mutatis mutandis where a Do Governor or a Special Self-Governing Province Governor discontinues using an existing local highway as a local highway when he/she commences the use of a newly built local highway. In such cases, "general national highway" shall be construed as "local highway", "Do Governor" as "the head of a Si/Gun", and "local highway" as "Si/Gun road", respectively. |
| Article 40 (Designation and Management of Clearance Zones) |
| (1) | If a road management authority finds it necessary to prevent damage to road structures or the beauty of landscapes, or potential risks to road traffic, it may designate a strip of land not exceeding 20 meters in width (50 meters for a national expressway) from the boundary line of a road falling within his/her jurisdiction as a clearance zone, as prescribed by Presidential Decree. |
| (2) | When a road management authority designates a clearance zone under paragraph (1), he/she shall give public notice thereof without delay and shall manage the clearance zone, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | No person shall engage in any of the following activities in a clearance zone: Provided, That the foregoing shall not apply to the activities specified by Presidential Decree that cannot damage a road structure or the beauty of landscapes or a hazard to road traffic: |
| 1. | Changing the form or quality of land; |
| 2. | Construction, remodelling, or extension of a building or any other structure. |
| (4) | If a road management authority deems it necessary to prevent damage to a road structure or the potential risks associated with road traffic safety, it may require the owner or occupant of land, a tree, facility, building, or any other structure (hereinafter referred to as "structure or other property") in a clearance zone to take the following measures within a reasonable period specified by the road management authority: |
| 1. | To remove a structure or other property, if the structure or property obstructs a clear view; |
| 2. | To remove the risks from, or are likely from, the collapse of a structure or any other property to a road or to install facilities to prevent such risks; |
| 3. | To remove soil or sand that covers, or is likely to cover, a road or to install facilities for preventing a road from being covered by soil or sand; |
| 4. | To remove any obstruction from, or likely from, a structure or other property, to road drainage facilities. |
| Article 41 (Requests to Purchase Land in Clearance Zones) |
| (1) | In either of the following cases, the owner of a parcel of land in a clearance zone may request the competent road management authority to purchase the parcel of land: |
| 1. | If it is impossible to use the parcel of land in the clearance zone as used previously and thus its utility has been significantly diminished; |
| 2. | If it is impracticable to use, or profit from, the parcel of land due to the designation of the clearance zone. |
| (2) | In order to be eligible to request the purchase of a parcel of land under either subparagraph of paragraph (1) (hereinafter referred to as "land subject to purchase"), the owner shall meet any of the following requirements: |
| 1. | A person who has continuously owned the land since the relevant clearance zone was designated; |
| 2. | A person who has continuously owned the land since acquiring it before it becomes unusable and unprofitable; |
| 3. | A person who has continuously owned the land since inheriting it from a person specified in subparagraph 1 or 2. |
| (3) | If the clearance zone of an upper-tier road overlaps with the clearance zone of a lower-tier road, the owner of the land subject to purchase shall file a request for purchase under paragraph (1) with the relevant upper-tier road management authority. |
| (4) | Upon receipt of a request for purchase under paragraph (1), a road management authority shall purchase the land, if the relevant land meets the criteria prescribed by Presidential Decree, such as diminishing utility. |
| Article 42 (Procedures for Requesting Purchase) |
| (1) | Upon receipt of a request for purchase under Article 41 (1), a road management authority shall notify the person requesting the purchase of whether the relevant land is subject to purchase, the estimated purchase price, etc., within two months from the filing date of the request. |
| (2) | A road management authority shall formulate a purchase plan for the land of which he/she has given notice as subject to purchase under paragraph (1) and shall purchase the land subject to purchase within the period specified by Presidential Decree, not exceeding five years. |
| (3) | In appraising the purchase price for a parcel of land subject to purchase (hereinafter referred to as "purchase price"), the rate of change in land price specified by Presidential Decree for the period from the base date of the relevant public notice until the date on which it is intended to pay the purchase price to the person requesting purchase, based on the land price publicly notified under the Act on the Public Announcement of Real Estate Values as at the time the request for purchase is filed, and the producer price inflation rate, as well as the location, shape, environment and current use of the relevant land shall be taken into consideration. <Amended by Act No. 13796, Jan. 19, 2016> |
| (4) | The ownership of the land purchased by a road management authority under paragraphs (1) through (3) shall vest in the State, if the road management authority is the Minister of Land, Infrastructure and Transport, or in the local government to which the road management authority belongs, if the road management authority is not the Minister of Land, Infrastructure and Transport. |
| (5) | Methods of determining the purchase price, procedure for purchase, and other matters necessary to purchase a parcel of land subject to purchase under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 43 (Bearing of Appraisal Costs) |
| (1) | The costs incurred in conducting appraisal, etc. for determining the purchase price under Article 42 (3) shall be borne by the competent road management authority. |
| (2) | Notwithstanding paragraph (1), if a person requesting purchase voluntarily withdraws the request for purchase without valid cause after the procedure for appraisal for determining the purchase price begins, the competent road management authority may require the person requesting the purchase to fully or partially bear the costs incurred in conducting appraisal, as prescribed by Presidential Decree: Provided, That the foregoing shall not apply where the purchase price is lower than the estimated purchase price of at least the rate specified by Presidential Decree. |
| (3) | If a person requesting purchase fails to bear the costs that shall be borne by the person falling under the main sentence of paragraph (2), the relevant amount shall be collected in the same manner as delinquent national or local taxes are collected. |
| (4) | When a road management authority intends to initiate the procedure for appraisal under paragraph (2), it shall notify the person requesting the purchase of the commencement of appraisal. |
| Article 44 (Purchase of Land through Negotiations) |
| (1) | If a road management authority deems it necessary to attain the purpose of designation of a clearance zone, it may purchase the land and fixtures thereon through negotiations with the owners of the land and fixtures in the clearance zone. In such cases, Article 42 (4) shall apply mutatis mutandis to the ownership of the land and fixtures purchased. |
| (2) | Articles 67 (1), 70, 71, 74, 75, 75-2, 76, 77, and 78 (5) through (9) of the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to the timing, method, guidelines, etc. for the determination of the purchase prices where land and fixtures thereon in a clearance zone are purchased through negotiations under paragraph (1). |
| Article 45 (Three-Dimensional Road Protection Zones) |
| (1) | When a road management authority finds it necessary to protect the structure of a road or to prevent the potential risks regarding road traffic in an area designated as a three-dimensional road zone, he/she may designate a zone for protecting the road (hereinafter referred to as "three-dimensional road protection zone") by determining limits above and below the ground level of the road. |
| (2) | An area designated as a three-dimensional road protection zone shall be limited to the minimum extent required for protecting the structure of the relevant road or for preventing risks associated with road traffic. |
| (3) | When a road management authority intends to designate a three-dimensional road protection zone, it shall provide public notice of the intended designation, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall make drawings thereof available to the general public for inspection. The foregoing procedure shall also apply in any modification or cancellation of the designation. |
| Article 46 (Restrictions on Activities in Three-Dimensional Road Protection Zones) |
| (1) | The owner or occupant of a facility or any other property in a three-dimensional road protection zone shall take measures necessary for preventing risks likely from the facility or property to a road structure or road traffic safety. |
| (2) | Article 40 (4) shall apply mutatis mutandis to the measures to be taken regarding the owner or occupant of a facility or other property in a three-dimensional road protection zone. |
| (3) | No person may extract soil or rocks around the piers of an elevated road or above or below the level of a road that runs underground or any other activity specified by Presidential Decree to cause risks to a road structure or road traffic safety. |
| Article 47 (Road Traffic Methods on National Expressways) |
| (1) | No person shall travel along or enter a national expressway other than by motor vehicles. |
| (2) | The Minister of Land, Infrastructure and Transport shall install road signs that inform the general public of the rule provided for in paragraph (1) and clearly specify the objects subject to prohibition or restriction on travel along national expressways at the entrance of each national expressway or at any other place as necessary. |
| Article 47-2 (Installation and Management of Appurtenances Needed to Ensure Road Safety at Rest Areas on National Expressways) |
| (1) | The Minister of Land, Infrastructure and Transport shall install and manage appurtenances needed to ensure road safety, such as speed bumps, for the safety of pedestrians who use facilities prescribed by Presidential Decree, such as a rest area and parking lot connected to a national expressway, and for the smooth passage of motor vehicles. |
| (2) | Matters necessary for the installation and management of appurtenances needed to ensure road safety under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 12976, Jan. 6, 2015]
| Article 48 (Designation of Motorways) |
| (1) | In any of the following cases, a road management authority may designate a road or section of a road as a road or section for the exclusive use of motor vehicles (hereinafter referred to as "motorway"), as prescribed by Presidential Decree. If at least two road management authorities are involved in a road to be designated as a motorway, the relevant road management authorities shall jointly designate the road as a motorway: |
| 2. | If it is necessary for smooth traffic flow along a certain section of a road. |
| (2) | When a road management authority designates a road as a motorway under paragraph (1), another road shall be provided for general transport at the same section. |
| (3) | A road management authority that intends to designate a road as a motorway under paragraph (1) shall seek consensus thereon from the Commissioner General of the Korean National Police Agency or other competent police officer as follows: |
| 1. | If the road management authority is the Minister of Land, Infrastructure and Transport: The Commissioner General of the Korean National Police Agency; |
| 2. | If the road management authority is the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor: The commissioner of the competent local police agency; |
| 3. | If the road management authority is a Special Self-Governing City Mayor or the head of a Si/Gun/Gu: The chief of the competent local police station. |
| (4) | When a road management authority designates a road as a motorway under paragraph (1), it shall publicly announce it, as prescribed by Presidential Decree. The foregoing procedure shall also apply in any modification or cancellation of the designation. |
| (5) | Matters necessary for the designation of motorways, including criteria for the structure and facilities of motorways shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 49 (Road Traffic Methods on Motorways) |
| (1) | No person shall travel along or enter a motorway other than by motor vehicles. |
| (2) | A road management authority shall install road signs that inform the general public of the rule provided for in paragraph (1) and clearly specify the objects subject to prohibition or restriction on travel along motorways at the entrance of each motorway or at any other place as necessary. |
| Article 50 (Criteria for Structure and Facilities of Roads) |
Criteria for the structure and facilities of each road, examination of road safety, and the maintenance and management of each road shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in a manner to minimize damage to the natural ecosystems and environmental damage to neighboring residents, etc., by road works and ensure the safety of road structures or road traffic. <Amended by Act No. 14338, Dec. 2, 2016>
| Article 51 (Methods for Intersection of Roads and Other Facilities) |
A national expressway, motorway, or any other road specified by Presidential Decree shall intersect through a multi-level interchange with any other road, railroad, track, passage, or facility used for road traffic, except in an exceptional situation.
| Article 52 (Connection of Roads with Other Facilities) |
| (1) | When a person who is not a road management authority intends to connect a national expressway, motorway, or any other road specified by Presidential Decree with another road or a passage or facility, he/she shall obtain permission from the competent road management authority, and the foregoing procedure shall also apply in modification of the matters regarding which permission is granted. Nothing, other than a road, facility installed by development activities specified in any subparagraph of Article 60 (1) of the National Land Planning and Utilization Act, or a passage to such facility, may be connected to a national expressway or motorway in such cases. |
| (2) | A person who wishes to connect a road with another road or passage or facility under paragraph (1) shall secure the title to use such facility by owning or leasing the facility the person wishes to connect to the road. |
| (3) | Matters necessary for the criteria, procedure, etc. for granting permission under paragraph (1) (hereinafter referred to as "connection permission") shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, with respect to national expressways and general national highways (excluding general national highways for which a Mayor/Do Governor or the head of a Si/Gun/Gu serves as the road management authority), or by municipal ordinance of the local government to which the competent road management authority belongs, with respect to other roads. |
| (4) | If a road management authority finds that connecting a road with another road or a passage or facility is likely to create heavy traffic or requires installation of other facilities in consideration of the road traffic system when it intends to grant connection permission, it may require the person who obtains the connection permission to take necessary measures, including the installation and management of facilities for smoother traffic control. |
| (5) | With respect to facilities connected to a road after connection permission is granted, permission to occupy and use a road under Article 61 shall be deemed granted. |
| Article 53 (Use of Access Roads) |
| (1) | If a facility connected to a road, among facilities for which connection permission has been granted, is another road or a passage or facility used for the passage of the general public (hereinafter referred to as "access road"), the person who has obtained the connection permission shall not place any restriction on passage by the general public. |
| (2) | If a person needs to use an access road for which another person has obtained connection permission in order to obtain permission for new connection to another facility, such person may jointly use the access road for which connection permission has already been granted to such other person. In such cases, the earlier holder of the connection permission shall cooperate with the person who intends to obtain permission for new connection, as necessary, including grant of consent to the joint use of the access road. |
| (3) | A person who has obtained connection permission earlier as referred to in paragraph (2), may request the apportionment of expenses incurred in joint use of the access road, to the person who intends to jointly use it to obtain permission for new connection. |
| (4) | The amount of expenses to be apportioned under paragraph (3) shall be determined in proportion to the area in use of the access road: Provided, That if other statutes or regulations otherwise provide for the apportionment of expenses incurred in joint use, such provisions shall apply. |
| (5) | If an earlier holder of connection permission denies another person who intends to obtain permission for new connection under paragraph (2) to jointly use the access road, without due cause, the person who intends to obtain permission for new connection may deposit the amount of expenses calculated in accordance with paragraph (4) in the competent court and may file an application for the connection permission with the road management authority. Upon receipt of an application for connection permission, the road management authority shall examine whether the deposit is adequate and may grant permission for new connection. |
| Article 54 (Installation and Management of Sidewalks) |
| (1) | If a road management authority finds it necessary for the safety of pedestrians and the smooth traffic flow of vehicles, it may install and manage sidewalks along a road. |
| (2) | Necessary matters concerning standards for the installation of sidewalks, structure of sidewalks, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (1) | In order to protect the structure of roads and ensure smooth traffic flow, a road management authority shall install and manage road signs at necessary places. |
| (2) | The types and form of road signs provided for in paragraph (1) and other matters necessary for road signs shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 56 (Road Register) |
| (1) | A road management authority shall make and keep records of each road within his/her jurisdiction in the road register. |
| (2) | The entry, descriptions, and safekeeping of the road register under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 57 (Road Rangers) |
| (1) | If a road management authority deems it necessary for the efficient management of roads, it may appoint public officials under its jurisdiction as road rangers. |
| (2) | A road ranger may order the following persons to suspend construction works or to rebuild, relocate, or remove a structure or any other object in a road zone or in a clearance zone and may require the owner or occupant of such structure or thing to take measures necessary to prevent the risks likely from such structure or object: |
| 2. | A person who breaches a disposition issued under Article 40 (4), 46 (2), 76 (1), or 77. |
| (3) | A road ranger who intends to issue an order to suspend construction works or to take measures for road safety shall carry a certificate proving his/her identity and produce it to related persons. |
| (4) | Matters concerning identification certificates under paragraph (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 58 (Road-Related Research and Development Projects) |
| (1) | The Minister of Land, Infrastructure and Transport may implement research and development projects for the systematic planning, construction, repair, maintenance, and management of roads. |
| (2) | If the Minister of Land, Infrastructure and Transport deems it necessary to use and proliferate the outcomes of research and development under paragraph (1), he/she may implement trial projects, as prescribed by Presidential Decree. |
| Article 59 (Informatization of Road Plans) |
| (1) | The Minister of Land, Infrastructure and Transport may develop an information system for the following business affairs relating to the planning, construction, repair, maintenance, and management of roads or designate an existing information system for such purpose to disseminate information about such business affairs to the general public: |
| 1. | Business affairs relating to the planning and construction of roads; |
| 2. | Business affairs relating to the repair, maintenance, and management of road facilities, such as road paving works, slopes along the roads, bridges, and tunnels; |
| 3. | Other business affairs that the Minister of Land, Infrastructure and Transport deems necessary for the planning, construction, repair, maintenance, and management of roads. |
| (2) | When the Minister of Land, Infrastructure and Transport intends to develop an information system or designate an existing information system under paragraph (1), he/she shall seek consensus from the relevant administrative authorities. |
| Article 60 (Establishment and Operation of Road Traffic Information Systems) |
| (1) | A road management authority may establish and operate a road traffic information system to efficiently conduct administrative affairs relating to using and managing roads. |
| (2) | A road management authority may collect and process the road information specified in the following through a road traffic information system and provide such information to the general public through the road traffic information system: |
| 1. | Information about road traffic; |
| 2. | Information about road accidents; |
| 3. | Other matters specified by Presidential Decree. |
| (3) | The details of information that shall be managed through a road traffic information system and matters necessary for the establishment and operation of a road traffic information system or the provision of information and the management of such administrative affairs through the road traffic information system shall be prescribed by Presidential Decree. |
CHAPTER VI OCCUPANCY AND USE OF ROADS
| Article 61 (Permission to Occupy and Use Roads) |
| (1) | A person who intends to occupy and use a road (including a road zone; the same shall apply hereafter in this Chapter) in order to construct, rebuild, alter, or remove a structure, object, or facility or to engage in any other activity shall obtain permission therefor from the competent road management authority. The foregoing procedure shall also apply to the extension of a permitted period or modification of permitted activity (including activity for newly installing an object likely to be a hazard to a road structure or road traffic safety in addition to permitted activity). |
| (2) | Necessary matters concerning the types of structures, objects, and other facilities with which a person may occupy and use a road after obtaining permission under paragraph (1) and the criteria for granting permission shall be prescribed by Presidential Decree. |
| (3) | If at least two persons apply for permission under paragraph (1) with respect to one and the same road (limited to occupancy and use of land, but including three-dimensional road zones), the person eligible for permission to occupy and use the road may be selected by open bid. |
| (4) | Necessary matters concerning criteria for selecting a person eligible to obtain permission to occupy and use a road by open bid, procedures for the selection of persons eligible for permission to occupy and use a road, etc. shall be prescribed by Presidential Decree. |
| Article 62 (Safety Management for Occupancy and Use of Roads) |
| (1) | A person who has obtained permission to occupy and use a road under Article 61 (1) (hereinafter referred to as "permission to occupy and use a road") in order to construct, rebuild, alter, or remove a structure, object, or other facilities specified by Presidential Decree (including access roads for vehicles) or to conduct any other activity shall take measures to prevent pedestrian accidents, including installation of safety facilities or safety signs, as prescribed by Presidential Decree. <Amended by Act No. 15115, Nov. 28, 2017> |
| (2) | A person who has obtained permission to occupy and use a road to perform construction works that involve the excavation of the road or a changing the form and quality of land in any other manner, shall obtain confirmation of completion from the competent road management authority, upon completion of such construction works, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. Upon completion of the construction works for installing essential underground utilities specified by Presidential Decree (hereinafter referred to as "essential underground utilities"), the person shall submit as-built drawings to the competent road management authority, and the road management authority shall keep and manage such drawings, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Where a person is deemed to have obtained confirmation of completion of construction works for the installation of essential underground utilities, if he/she holds authorization or permission under any other statute, the head of the relevant administrative agency shall, upon receipt of an application for the granting of the authorization or permission under such Act, shall send copies of the as-built drawings of the essential underground utilities to the competent road management authority, when he/she consults thereon with the road management authority before granting the authorization or permission. |
| (4) | If a road management authority grants permission to occupy and use a road, under which essential underground utilities are buried, and such permission involves the excavation of the road, the road management authority shall give notice of such permission to the managers of the essential underground utilities. |
| (5) | When a person who has obtained permission to occupy and use a road intends to excavate the road, under which essential underground utilities are buried, he/she shall invite the managers of the essential underground utilities to attend the excavation site. |
| (6) | A road management authority may request the submission of necessary data to a person who has obtained permission to occupy and use a road (including where a person is deemed to have obtained permission to occupy and use a road under any other statute) or a person whose completion of road works has been confirmed, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and the person requested to submit such data shall comply with such request, unless there is a compelling reason not to do so. |
| Article 63 (Revocation of Permission to Occupy and Use Roads) |
| (1) | If a person who has obtained permission to occupy and use a road falls under any of the following, a road management authority may revoke the relevant permission: <Amended by Act No. 15115, Nov. 28, 2017> |
| 1. | Where the person occupies and uses the road for any purpose other than that permitted for occupancy and use of the road; |
| 2. | Where the person fails to commence the construction works, for which occupancy and use of the road is permitted, within one year from the date of obtaining the permission: Provided, That deadline for the commencement of construction works may be extended by up to one year, if the person has a reasonable cause for failure; |
| 2-2. | Where the person fails to take measures to prevent safety accidents under Article 62 (1); |
| 3. | Where the person fails to pay occupancy and use fees under Article 66; |
| 4. | Where the person who has obtained permission to occupy and use the road voluntarily applies for revocation of the permission. |
| (2) | The procedure, methods, etc. for the revocation of permission to occupy and use a road under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 64 (Occupancy and Use of Roads for Public Works Projects) |
No road management authority shall deny the granting of permission to occupy and use a road for a public-interest project that might require expropriation or use of land under the provisions of any other statute: Provided, That the foregoing shall not apply in the following:
| 1. | Where traffic volume has been significantly increasing; |
| 2. | Where it is inevitable for road traffic because the relevant road is extraordinarily narrow; |
| 3. | Where any other reasonable cause exists. |
| Article 65 (Vicarious Performance of Construction Works Involving Occupancy and Use of Roads) |
| (1) | If a road management authority deems it necessary to protect the structure of a road, it may vicariously perform construction works for which permission to occupy and use the road has been granted. In such cases, construction works shall be deemed road works. |
| (2) | In cases falling under paragraph (1), the road management authority shall give prior notice to the person who has obtained permission to occupy and use the road, with regard to the details and period of the construction works. |
| Article 66 (Collection of Occupancy and Use Fees) |
| (1) | A road management authority may collect occupancy and use fees from a person who occupies and uses a road with permission to occupy and use the road. |
| (2) | In any of the following cases, a road management authority shall refund collected occupancy and use fees for the period during which a person has not occupied and used the relevant road because of the revocation of permission to occupy and use the road or any other reason: |
| 1. | Where permission to occupy and use the road is revoked under Article 63; |
| 2. | Where permission to occupy and use the road is revoked under Article 96; |
| 3. | In other cases specified by Presidential Decree, including where the occupancy and use of the road is terminated before the expiration of the permitted period of occupancy and use of the road. |
| (4) | Matters necessary for collecting and refunding occupancy and use fees, including guidelines for the calculation of occupancy and use fees and methods for refunding occupancy and use fees under paragraph (2), shall be prescribed by Presidential Decree, with respect to national expressways and general national highways (excluding the general national highways for which a Mayor/Do Governor or the head of a Si/Gun/Gu shall serve as the road management authority under Article 23 (2)), or by municipal ordinance of the local government to which the competent road management authority belongs, within the limitations prescribed by Presidential Decree, with respect to other roads. |
| (5) | Notwithstanding paragraph (4), as regards a person who has obtained permission to occupy and use a road by general competition under Article 61 (3), the amount offered by the person at the general competition shall be imposed upon the person as occupancy and use fees: Provided, That such occupancy and use fees shall not exceed three times the occupancy and use fees calculated in accordance with paragraph (4). |
| Article 67 (Methods of Payment of Occupancy and Use Fees) |
| (1) | A person who has obtained permission to occupy and use a road may pay occupancy and use fees by credit card, debit card, etc. (hereinafter referred to as "credit card, etc.") through a payment service provider specified by Presidential Decree. In such cases, the payment service provider may collect payment commissions from the person who has obtained permission to occupy and use a road, as prescribed by Presidential Decree. |
| (2) | Where occupancy and use fees are paid by credit card, etc. in accordance with paragraph (1), the date of approval from the payment service provider shall be deemed the payment date of the occupancy and use fees. |
| (3) | Matters necessary for the designation and operation of payment service providers, revocation of such designation, payment commissions, etc. shall be prescribed by Presidential Decree. |
| Article 68 (Restrictions on Collection of Occupancy and Use Fees) |
If permission to occupy and use a road is granted for any of the following purposes, the competent road management authority may fully or partially exempt occupancy and use fees, as prescribed by Presidential Decree: <Amended by Act No. 12639, May 21, 2014; Act No. 13086, Jan. 28, 2015; Act No. 13478, Aug. 11, 2015; Act No. 13805, Jan. 19, 2016; Act No. 14539, Jan. 17, 2017; Act No. 15115, Nov. 28, 2017>
| 1. | Where permission is granted for a non-profit project intended for public use or public interests; |
| 2. | Where it is impossible to attain the originally intended purpose of occupancy and use of the road due to a disaster or other unavoidable circumstances; |
| 3. | Where permission is granted for a project specified by Presidential Decree, which falls under a public-interest project that could have substantial impact on the national economy; |
| 4-2. | Where the road is used as a passage to and from a quasi-dwelling (limited to the shape of a house) under subparagraph 4 of Article 2 of the Housing Act; |
| 6. | Where a facility installed on the ground is relocated underground for the safety of passers-by and for the improvement of street conditions; |
| 7. | Where a facility is installed to remove the height difference between the main entrance and an approach thereto, of the convenience facilities listed in Article 8 (1) of the Act on the Guarantee of Convenience Promotion of Persons with Disabilities, Older Persons, Pregnant Women and Nursing Mothers; |
| 8. | Where a person who has fully or partially donated private land to the State or a local government obtains permission to occupy and use the land pursuant to Article 61 (1); |
| Article 69 (Forced Collection of Occupancy and Use Fees) |
| (1) | If a person obliged to pay an occupancy and use fee fails to pay such, the competent road management authority shall demand the person to pay the occupancy and use fee by the deadline set by the road management authority for payment. |
| (2) | If the payment of an occupancy and use fee under paragraph (1) is overdue, the competent road management authority may collect additional charges. |
| (4) | If a person obliged to pay an occupancy and use fee fails to pay it by the payment deadline, the competent road management authority may collect it in the same manner as delinquent national or local taxes are collected. |
| Article 70 (Refunds of Occupancy and Use Fees Erroneously Paid or Overpaid) |
A road management authority shall refund occupancy and use fees erroneously paid or overpaid, if any, with interest specified by Presidential Decree thereon for the period from the day immediately after the date of erroneous payment or overpayment until the date on which the refund is fully paid.
| Article 71 (Filing of Objections) |
| (1) | If a person has an objection to an occupancy and use fee imposed upon him/her, he/she may file an objection with the competent road management authority within 60 days from the date on which the occupancy and use fee is imposed, along with documents proving his/her objection. |
| (2) | Upon receipt of an objection filed under paragraph (1), a road management authority shall examine its merits and notify the claimant of the result of the examination within 21 days from the filing date. |
| (3) | When a road management authority makes a decision to dismiss an objection, with or without prejudice, it shall notify that the claimant may file an administrative review or an administrative lawsuit, aside from the result notice under paragraph (2). |
| (4) | A claimant may file an administrative review without necessarily following the procedure for filing an objection set forth in paragraphs (1) through (3). |
| Article 72 (Collection of Liquidated Damages) |
| (1) | If a person occupies and uses a road without obtaining permission to occupy and use the road or in excess of the scope of such permission (hereafter referred to as "excessive occupancy and use" in this Article), the competent road management authority may collect an amount equivalent to 120/100 of the occupancy and use fee for the period of excessive occupancy and use from the person, as liquidated damages. |
| (2) | Notwithstanding paragraph (1), no liquidated damages shall be collected, if the relevant excessive occupancy and use results from an error made by a land survey agency or any similar agency or does not result from any intentional or negligent act or inaction on the part of the occupant of the road. In such cases, the road management authority shall notify the occupant of such excessive occupancy and use and shall collect the amount equivalent to the occupancy and use fee, from the day one month after the notice is given. |
| (3) | If the occupant of a road under paragraph (2) fails to obtain proper permission to occupy and use the road within three months from the date on which the notice of excessive occupancy and use is given, the competent road management authority may collect an amount calculated from the date on which the notice of excessive occupancy and use is given, as liquidated damages. The foregoing shall also apply where the person fails to meet the requirements for obtaining permission to occupy and use the road and thus fails to obtain the permission. |
| (4) | Articles 67 and 69 through 71 shall apply mutatis mutandis to the collection of liquidated damages, refund of liquidated damages erroneously paid or overpaid, and the filing of an objection under paragraphs (1) and (3). In such cases, "person who has obtained permission to occupy and use a road" shall be construed as "person obliged to pay liquidated damages”, and "occupancy and use fees" as "liquidated damages", respectively. |
| Article 73 (Reinstatement of Roads) |
| (1) | A person who has occupied and used a road with permission to occupy and use the road shall reinstate the road, when the period of the permission expires or the permission is revoked under Article 63 or 96: Provided, That the foregoing shall not apply where it is impossible or inappropriate to reinstate the road. |
| (2) | A road management authority may order a person who occupies and uses a road without the relevant permission to reinstate the road within a resonable period specified by the road management authority. |
| (3) | Article 62 (2) shall apply mutatis mutandis to the reinstatement of a road under paragraph (1) or (2). In such cases, "person who has obtained permission to occupy and use a road" shall be construed as "person obliged to reinstate a road". |
| (4) | If a person who occupies and uses a road fails to perform his/her obligation to reinstate the road under the main sentence of paragraph (1) or paragraph (2), the competent road management authority may execute works to vicariously reinstate the road under the Administrative Vicarious Execution Act. |
| Article 74 (Special Provisions concerning Application of Administrative Vicarious Execution) |
| (1) | In either of the following cases, a road management authority may remove objects piled up on a road or take any other measure as necessary without following the procedure provided for in Article 3 (1) and (2) of the Administrative Vicarious Execution Act, if it is impracticable for the road management authority to attain the purposes of administrative vicarious execution by following the procedure: |
| 1. | If the person occupies and uses a road perpetually or habitually without obtaining permission to occupy and use the road; |
| 2. | If it is necessary to take prompt measures as necessary to ensure smoother road traffic flows and secure the safety thereof. |
| (2) | The removal of objects piled up on a road under paragraph (1) and other necessary measures shall be limited to the minimum extent necessary for the management of the road. |
| (3) | Matters necessary for the storage and disposal of objects removed under paragraphs (1) and (2) and matters necessary for the ownership of the objects not returned shall be prescribed by Presidential Decree. |
CHAPTER VII PROTECTION OF ROADS AND BURDENS OF PUBLIC PROJECTS
| Article 75 (Activities Prohibited on Roads) |
No person may engage in any of the following activities on a road without valid cause:
| 2. | Piling up soil, rocks, trees, bamboo, or any other obstacle on a road; |
| 3. | Any other activity obstructing a road structure or road traffic. |
| Article 76 (Prohibition and Restrictions on Passage) |
| 1. | Where it is inevitable for construction works relating to the road; |
| 2. | Where it is found dangerous to allow passage due to the destruction of the road or any other event or cause; |
| 3. | Where it is dangerous to allow passage through the road or road traffic is likely to be chronically congested due to a natural disaster, such as earthquake, flood, snow storm, or typhoon, or any similar disaster, which has occurred or is likely to occur. |
| (2) | When a road management authority, the Korea Expressway Corporation, or the manager of a privately financed road intends to prohibit or restrict passage through a road under paragraph (1), it shall place signs clearly indicating the objects and road section subject to prohibition or restriction on passage, and the duration of, and ground for, the prohibition or restriction and shall make prior public announcement thereof, as prescribed by Presidential Decree: Provided, That the prior public announcement may be omitted, if time is insufficient to make prior public announcement of prohibition or restriction on passage due to the imminence of a disaster. |
| (3) | When a road management authority, the Korea Expressway Corporation, or the manager of a privately financed road prohibits or restricts passage through a road under paragraph (1), public officials or employees who perform their duties therefor, shall carry a certificate proving their identity and produce it to related persons. |
| (4) | When a road management authority, the Korea Expressway Corporation, or the manager of a privately financed road prohibits or restricts passage through a road under paragraph (1), it shall notify the head of the competent police agency without delay, and shall request cooperation therein. Upon receipt of a request for cooperation, the head of a the competent police agency shall comply with the request, unless there is a compelling reason not to do so. |
| (5) | When a road management authority prohibits or restricts passage through a road under paragraph (1), it shall take measures necessary to eliminate the potential risks associated with the road or ensure smooth traffic flows, and the Korea Expressway Corporation or the manager of a privately financed road shall, when it prohibits or restricts passage through a road, report to the competent road manager thereon immediately and shall take necessary measures. |
| (6) | Where both of the following conditions are met, the competent road management authority, the Korea Expressway Corporation, or the manager of a privately financed road may temporarily prohibit or restrict the entry of vehicles to the road or the further passage of vehicles on the road (hereinafter referred to as "emergency traffic restriction"): |
| 1. | Where time is insufficient to make prior public announcement of the prohibition or restriction on passage due to the imminence of a natural disaster or similar disaster; |
| 2. | It is necessary to particularly prohibit or restrict the entry of vehicles into the road or the further travel of vehicles on the road in order to protect the structure of the road or prevent hazards involved with the operation of vehicles on the road. |
| (7) | Paragraphs (3) through (5) shall apply mutatis mutandis to emergency traffic restrictions. |
| (8) | Matters necessary for detailed guidelines, procedure, etc. for emergency traffic restrictions shall be prescribed by Presidential Decree. |
| Article 77 (Restrictions on Operation of Vehicles and Operation Permission) |
| (1) | If a road management authority deems it necessary to protect the structure of a road or prevent hazards involved with the operation of vehicles on a road, it may place restrictions on the operation of vehicles on the road, as prescribed by Presidential Decree: Provided, That the foregoing shall not apply to vehicles operated with permission from a road management authority due to the structure of the vehicles or the characteristics of cargo loaded on the vehicles. |
| (2) | If a renter under a vehicle rental contract (referring to a contractor, subcontractor, or other participant in construction, in cases of a vehicle used for construction works under the Framework Act on the Construction Industry; the same shall apply hereinafter) actually manages the loading of the vehicle, the renter shall ensure that the loaded rental vehicle does not violate any of the operation restrictions under paragraph (1) while managing the vehicle. |
| (3) | No person who has authority to give instructions or orders with regard to the operation of a vehicle or to supervise the operation of a vehicle, such as a shipper, business operator engaging in trucking business, or a trucking transport broker, shall instruct or demand that the vehicle operator violate any of the restrictions under paragraph (1) while operating the vehicle. |
| (4) | A road management authority may authorize competent public officials or persons who control restrictions on operation (referring to those who are not public officials in charge of affairs concerning restrictions on vehicle operation among employees of the road management authority, the Korea Expressway Corporation or the manager of a privately financed road, or an entrusted enterprise; hereinafter the same shall apply) to measure the size or weight of the load carried on a vehicle by boarding the vehicle or requesting the vehicle operator to present relevant documents in order to ascertain whether the vehicle violates the operation restrictions under paragraph (1). In such cases, the vehicle operator shall comply with such request, unless there is a compelling reason not to do so. <Amended by Act No. 13791, Jan. 19, 2016> |
| (5) | Where a road management agency intends to permit a person to operate a motor vehicle pursuant to the proviso to paragraph (1), it shall permit the person to operate the motor vehicle in accordance with procedures prescribed by Presidential Decree in consideration of the conditions of the motor vehicle and the conditions of the road on which the person intends to operate the motor vehicle after it consults with a superintendent of police having jurisdiction over the point of departure in advance, and where it permits the person to operate the motor vehicle, it may attach conditions concerning the route, hours of operation, method of operation, and bearing expenses incurred in maintaining, repairing and reinforcing road structures. In such cases, the person who has obtained permission to operate the motor vehicle shall be deemed to have obtained permission under the proviso to Article 14 (3) or the proviso to Article 39 (1) of the Road Traffic Act. <Amended by Act No. 12639, May 21, 2014> |
| (6) | The Minister of Land, Infrastructure and Transport may establish and operate a system for granting permission for the operation of vehicles in order to ensure the prompt and efficient placing of restrictions on the operation of vehicles and granting operation permission under paragraphs (1) and (5). |
| (7) | The main sentence of Article 76 (2) shall apply mutatis mutandis to the restrictions on the operation of vehicles under paragraph (1). |
| (8) | Necessary matters concerning qualifications of, and the scope of duties of, persons who control restrictions on operation shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 13791, Jan. 19, 2016> |
| Article 78 (Prohibition against Interference with Measuring Loads) |
| (1) | No vehicle operator may fabricate any device in the vehicle or otherwise interfere with measuring any of the loads of the vehicle by any method specified by Presidential Decree. |
| (2) | If a road management authority finds that a vehicle operator violates paragraph (1), it may demand re-measurement. In such cases, the operator of the vehicle shall comply with such demand, unless there is a compelling reason not to do so. |
| (3) | Trucks operating on the road shall pass through a lane or place where the laden weight measuring equipment is installed for the measurement of the laden weight. In such cases, necessary matters concerning the size of trucks for the measurement of the laden weight, roads subject to the measurement thereof, such as a national expressway ramp, and methods and procedures for measuring the laden weight shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13478, Aug. 11, 2015> |
| Article 79 (Survey on Performance of Roads for Placing Restrictions on Operation of Vehicles and Granting Operation Permission and Reinforcement of Roads) |
The Minister of Land, Infrastructure and Transport may select major routes along which restrictions are placed on the operation of vehicles and request that the competent administrative authority conduct surveys on the performance of the relevant roads and administer the roads, and the administrative authority shall comply with such request, unless there is a compelling reason not to do so.
| Article 80 (Reversal of Direction of Travel) |
If a vehicle operator violates any restriction on operation under Article 77, the road management authority may order the vehicle operator to take any of the following actions, and the vehicle operator shall comply with such order, unless there is a compelling reason not to do so: | 1. | To reverse the direction of travel of the vehicle; |
| 2. | To carry the load in smaller units; |
| 3. | To cease operating the vehicle. |
| Article 81 (Entry onto Land and Use of Land) |
| (1) | If a road management authority or a person ordered or delegated by a road management authority deems it necessary for construction works, investigation, or survey of a road, or the maintenance and management of a road, it may enter the land of a third person, temporarily use the land of a third person as a storage yard, passage, or temporary road, and may alter or remove standing trees, bamboo, or other obstacles, if particularly necessary. |
| (2) | A person who intends to enter the land of a third person in accordance with paragraph (1) shall notify its owner and occupant by not later than three days before the scheduled date of entry, and the person who intends to temporarily use the land of a third person or alter or remove obstacles in such land shall notify its owner and possessor of his/her intended activities by not later than three days before the date on which he/she intends to use the land or alter or remove obstacles and shall hear their opinions: Provided, That the foregoing shall not apply where it is impossible to notify its owner or occupant of the intended entry onto the land or alteration or removal of obstacles because whereabouts of such owner or occupant are uncertain or in other unavoidable circumstances. |
| (3) | No person may enter the residence or land surrounded by boundary markers, walls, or any similar structure of a third person before sunrise or after sunset, without the consent of the occupant of the land. |
| (4) | No owner or occupant of land shall interfere with or reject the activities specified in paragraph (1), without just ground. |
| (5) | A person who intends to enter a third person’s land under paragraph (1) shall carry a certificate proving his/her identity and shall produce it to related persons. |
| (6) | Necessary matters concerning identification certificates under paragraph (5) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 82 (Expropriation and Use of Land) |
| (1) | If a road management authority deems it necessary for the performance of road works, it may expropriate or use the land or buildings in a road zone, or rights in fixtures on the land or on the land, buildings, or fixtures, other than the ownership therein. |
| (2) | The Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to expropriation and use under paragraph (1). In such cases, determination or alteration of a road zone under Article 25 and public notification of the determination or alteration of a road zone shall be deemed approval of a project and public notification of the approval of a project under Articles 20 (1) and 22 of the Act on Acquisition of and Compensation for Land for Public Works Projects, and a road management authority may request adjudication during the period of performance of road works, notwithstanding Articles 23 (1) and 28 (1) of the aforesaid Act. |
| Article 83 (Temporary Use of Land upon Occurrence of Disaster) |
| (1) | If a road management authority deems it particularly necessary for preventing damage caused by a disaster to a road structure or to road traffic, it may take the following measures: |
| 1. | To temporarily use the land, houses, and other structures at the scene of the disaster for rescue and restoration activities; |
| 2. | To alter or remove obstacles or use or expropriate soil, rocks, standing trees, bamboo, transports, and other things (excluding structures); |
| 3. | To request people residing near the road to provide assistance. |
| (2) | Article 99 shall apply mutatis mutandis to compensation for losses incurred in any action by a road management authority under paragraph (1). |
CHAPTER VIII COSTS AND BENEFITS CONCERNING ROADS
| Article 84 (Scope of Costs and Benefits) |
The scope of costs and benefits concerning each road shall be prescribed by Presidential Decree.
| Article 85 (Cost Allocation Principles) |
| (1) | Except as otherwise expressly provided in this Act or any other statute, the cost incurred in relation to a road shall be borne by the State, if the road management authority in charge of the road is the Minister of Land, Infrastructure and Transport, and by the competent local government over the road management authority in charge of the road, if such road management authority is not the Minister of Land, Infrastructure and Transport. In such cases, if the Minister of Land, Infrastructure and Transport directs a Do Governor or a Special Self-Governing Province Governor to perform construction works for a specific section of a general national highway and maintain and manage the road under Article 31 (2), the cost incurred therein shall be borne by the State. |
| (2) | Notwithstanding paragraph (1), with regard to a road the route of which has been designated under Article 20 or a road along the boundary of administrative districts, the relevant local governments may make an agreement on the allocation of costs incurred and the methods thereof. |
| (3) | If relevant local governments fail to reach agreement on the allocation costs under paragraph (2), Article 24 (2) and (3) shall apply to such cases mutatis mutandis. |
| Article 86 (Subsidization) |
| (1) | Notwithstanding Article 85 (1), some of the costs incurred in the construction of a bypass or branch line of a general national highway may be borne by the competent local government over the area on which such bypass or brach line is to be built, as prescribed by Presidential Decree. |
| (2) | Notwithstanding Article 85 (1), the State shall provide subsidy to cover part of the costs incurred in the construction, repair, maintenance, and management of a State-funded local highway, and part of the costs incurred in undertaking a detailed project plan for the improvement of a congested road in a metropolitan area under Article 8 (4), as prescribed by Presidential Decree: Provided, That the State need not subsidy to cover the construction costs of a State-funded local highway, if the road management authority in charge of the State-funded local highway voluntarily bears the costs under Article 31 (5) to perform construction works. |
| (3) | A road management authority in charge of a State-funded local highway built under paragraph (2) or a congested road in a metropolitan area shall secure the budget to assist in the smooth implementation of the project. |
| (4) | Notwithstanding Article 85 (1), if the Minister of Land, Infrastructure and Transport deems it particularly necessary for the improvement, etc. of road networks, he/she may grant subsidy to cover part of the costs incurred in relation to a road other than general national highways or part of the costs incurred in relation to a general national highway for which the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si is the road management authority under Article 23 (2), as prescribed by Presidential Decree. |
| (5) | The Minister of Land, Infrastructure and Transport may subsidize or financially support the road-related institutions or organizations to whom it entrusts its business affairs under Article 110 (3) to cover costs incurred in conducting such entrusted business affairs. |
| Article 87 (Cost-Bearing by Administrative Authorities) |
| (1) | The Minister of Land, Infrastructure and Transport may apportion to the Special Metropolitan City, a Do, or a Special Self-Governing Province through which a road passes or a Si/Gun that benefits from such road, some of the costs to be borne by the State under Article 85 (1), as prescribed by Presidential Decree. |
| (2) | A Si/Gun/Gu (Gu means an autonomous Gu; hereinafter the same shall apply) that benefits from a road, may be apportioned some of the costs to be borne by the Special Metropolitan City, a Metropolitan City, or a Do under Article 85, 86 (1), 88, or paragraph (1) of this Article. |
| Article 88 (Costs Incurred in Vicarious Performance of Road Works) |
| (1) | The costs incurred in the performance of road works by the Minister of Land, Infrastructure and Transport under Article 32 (1) shall be apportioned to the State, while the costs incurred in the performance of road works by the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor under Article 32 (2) shall be apportioned to the Special Metropolitan City, Metropolitan City, or Do. |
| (2) | The Minister of Land, Infrastructure and Transport, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor may apportion to the competent local government over the road management authority in charge of the relevant road, some of the costs incurred under paragraph (1), as prescribed by Presidential Decree. |
| Article 89 (Construction Costs of Other Structures) |
| (1) | Where a road management authority directs the manager of any structure other than a road to perform road works or to maintain and manage a road under Article 33 (1), the costs incurred therein shall be borne by the obligor of the costs associated with the road under this Act. |
| (2) | Notwithstanding paragraph (1), if the manager of any structure other than a road acquires profits from the performance of road works or the maintenance and management of a road under Article 33 (1), the manager of the structure may be required to bear some of the costs incurred under paragraph (1) within the limits of the profits he/she acquires. |
| (3) | The costs of the construction works for any structure other than a road or the management of a structure other than a road, directly performed by a road management authority under Article 33 (1), shall be borne by the manager of the structure: Provided, That if the local government having jurisdiction over the road management authority acquires profits from the construction works for such structure or the management of such structure, some of the costs thereof may be borne by the local government within the limits of such profits. |
| Article 90 (Costs of Incidental Works) |
| (1) | Except as otherwise agreed upon, a special condition with regard to permission to occupy and use a road in order to perform incidental works (including where the State or a local government occupies and uses a road after holding consultations with the competent road management authority or obtaining approval from the competent road management authority under Article 107), the costs incurred in performing incidental works shall be fully or partially borne by the obligor of the costs associated with the road under this Act, depending upon the extent that the person is liable for the cause of such incidental works. |
| (2) | Notwithstanding paragraph (1), where a road management authority (including the Korea Expressway Corporation or the manager of a privately financed road, with authority delegated by the Minister of Land, Infrastructure and Transport for a national expressway under Article 112) performs road works under subparagraph 3 of Article 68, the person fully or partially exempted from occupancy and use fees shall fully bear the costs incurred in performing other construction works required as a consequence of the person's occupancy and use of the road. |
| (3) | Where incidental works are required as a consequence of other construction works or activities, Article 91 (1) and (2) shall apply mutatis mutandis to the costs incurred in performing such incidental works. |
| Article 91 (Cost-Bearing by Causers) |
| (1) | Where a road management authority needs to perform road works as a consequence of other construction works or other activities, the road management authority may require an obligor of the costs of such construction works or activities, to fully or partially bear the costs of the road works. |
| (2) | Matters necessary for the collection, etc. of costs under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or by municipal ordinance of the competent local government over the road management authority. |
| (3) | Where a public organization or private person performs road works or maintains and manages a road under Article 37, the costs incurred therein shall be borne by the public organization or private person. |
| (4) | A road management authority may require the obligor of the costs associated with a road to bear some of the costs incurred under paragraph (3), as prescribed by Presidential Decree. |
| (5) | Where road construction occurs as a result of a motor vehicle accident, for the purpose of allocating the relevant costs to persons liable for the costs, a road management authority may request the head of a relevant central administrative agency, the head of a local government, an insurance business and a premium rate calculation agency under the Insurance Business Act, and a person who provides a mutual aid service under the Passenger Transport Service Act, the Trucking Transport Business Act, and the Construction Machinery Management Act, for information prescribed in the following, and in such cases, the person who receives such request shall provide such information, unless there is a compelling reason not to do so: <Newly Inserted by Act No. 15455, Mar. 13, 2018> |
| 1. | Name (in cases of a corporation, the name of the corporation) and address; |
| 2. | Resident registration number, corporation registration number or alien registration number; |
| 3. | Motor vehicle registration number, construction machinery registration number, and information regarding change, relocation and cancellation of motor vehicle registration; |
| 4. | Whether an insurance or mutual aid contract has been purchased to pay damages. |
| (6) | The road management authority that has been provided with information under paragraph (5) shall manage the information securely under the Personal Information Protection Act and shall destroy the information without delay when it has achieved the purposes for which the information has been provided. <Newly Inserted by Act No. 15455, Mar. 13, 2018> |
| Article 92 (Costs of Road Works Performed by Persons Other Than Road Management Authorities) |
| (1) | Where a person who is not a road management authority performs road works or maintains and manages a road under Article 36, the costs incurred therein shall be borne by the person who performs the road works or the person who maintains and manages the road. |
| (2) | The State may grant subsidy to cover part of the costs associated with a general national highway, of the costs incurred in the performance of road works or the maintenance and management of the road under paragraph (1), and a local government may grant subsidy to cover part of the costs incurred in the performance of road works for any other road or the maintenance and management of any other road. |
| Article 93 (Costs Incurred in Performance of Obligations) |
Except as otherwise expressly provided in this Act, the costs incurred in performing an obligation arising under this Act, or on order issued under this Act, a municipal ordinance, or a disposition issued under a municipal ordinance shall be borne by the obligor.
| Article 94 (Cost Collection Methods) |
Articles 69 through 71 shall apply mutatis mutandis to the collection of costs to be borne by a person other than the State or a local government, refund of costs erroneously paid or overpaid, and the filing of an objection under Articles 89 through 93. In such cases, "occupancy and use fees" shall be construed as "costs to be borne by the obligor of the costs".
| Article 95 (Revenue Recognition of Occupancy and Use Fees) |
| (1) | The occupancy and use fees and other profits generated from a road shall be recognized as the revenue of the State, if the Minister of Land, Infrastructure and Transport is the road management authority in charge of the road, or as the revenue of the competent local government over the road management authority, if the road is not managed by the Minister of Land, Infrastructure and Transport. |
| (2) | Any cost borne by a person other than a road management authority under this Act shall be recognized as revenue according to the following classification: |
| 1. | A cost imputed by the Minister of Land, Infrastructure and Transport: The State; |
| 2. | A cost imputed by an administrative authority: The local government having jurisdiction over the administrative authority; |
| 3. | A cost borne by a local government under the proviso to Article 89 (3): The manager of the relevant structure; |
| 4. | A cost borne by the person obliged to bear the cost under Article 91 (4): The relevant public organization or private person; |
| 5. | A cost imputed by the Korea Expressway Corporation who exercises the authority delegated by the Minister of Land, Infrastructure and Transport under Article 112: The Korea Expressway Corporation. |
CHAPTER IX SUPPLEMENTARY PROVISONS
| Article 96 (Dispositions against Violators of Statutes and Regulations) |
A road management authority may issue a disposition or order to any of the following persons as necessary for the revocation of permission or approval granted under this Act, suspension of the validity of such permission or approval, modification of conditions, remodelling of a structure, relocation of an article, prohibition of restriction on passage, etc.:
| 1. | A person who violates Article 36, 40 (3), 46, 47, 49, 51, 52, 61, 73, 75, 76, 77, 106 (2), or 107; |
| 2. | A person who obtains permission or approval under Article 36, 52, 61, 77, or 107 by fraudulent or other illegal means. |
| Article 97 (Dispositions for Public Good) |
| (1) | In any of the following cases, a road management authority may issue a disposition or order under Article 96 to a person who has obtained approval under this Act: |
| 1. | Where such disposition or order is necessary due to a change in road conditions; |
| 2. | Where such disposition or order is necessary for road works or any other road construction works; |
| 3. | Where such disposition or order is necessary for removing or reducing damage to a road structure or to road traffic safety; |
| 4. | Where such disposition or order is particularly necessary for a public-interest project, such as public works projects as defined in Article 4 of the Act on Acquisition of and Compensation for Land for Public Works Projects. |
| (2) | Article 99 shall apply mutatis mutandis to compensation for the losses incurred in a disposition issued by a road management authority under paragraph (1). |
| Article 98 (Orders to Road Management Authorities) |
| (1) | In any of the following cases, the Minister of Land, Infrastructure and Transport, if the relevant road is a general national highway, a Special Metropolitan City or Metropolitan City road, a local highway, or a Si road (limited to the Si roads for which a Special Self-Governing City Mayor is responsible as the competent road management authority), or the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor, if the relevant road is a Si road (excluding the Si roads for which a Special Self-Governing City Mayor is responsible as the competent road management authority) or a Gun/Gu road, may order the competent road management authority to revoke or modify a disposition, suspend construction works, or otherwise issue a disposition or take a necessary measure: |
| 1. | Where a disposition issued or construction works performed by the road management authority violate any statute or regulation regarding roads, or breaches a disposition issued by the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor, whoever is competent, (hereafter referring to "supervisory authority" in this Article); |
| 2. | Where such order is deemed particularly necessary to protect the structure of a road or prevent risks from road traffic; |
| 3. | Where such order is particularly necessary for a public-interest project, such as a public works project as defined in Article 4 of the Act on Acquisition of and Compensation for Land for Public Works Projects. |
| (2) | Article 99 shall apply mutatis mutandis to compensation for the losses incurred in the revocation or modification of a disposition by a road management authority in compliance with an order issued by the competent supervisory authority under paragraph (1). |
| (3) | If an order is issued by a supervisory authority under paragraph (1) for the purpose specified in paragraph (1) 3, the competent road management authority may instruct the person who shall bear the project costs to fully or partially compensate for the losses incurred on account of the order. |
| Article 99 (Compensation for Losses Incurred by Burdens of Public Projects) |
| (1) | The State shall compensate a person for any losses he/she sustains on account of a disposition issued or a restriction imposed under this Act, if such disposition or restriction has been issued or placed by the Minister of Land, Infrastructure and Transport, while the local government having jurisdiction over an administrative authority shall compensate such person, if such disposition or restriction has been issued or imposed by the administrative authority. |
| (2) | In cases of compensation for losses under paragraph (1), the Minister of Land, Infrastructure and Transport or an administrative authority shall negotiate with the loss suffered. |
| (3) | If the Minister of Land, Infrastructure and Transport or an administrative authority fails to reach agreement under paragraph (2) or if it is impossible to reach agreement, the Minister of Land, Infrastructure and Transport or the administrative authority may file an application with the competent land tribunal for adjudication, as prescribed by Presidential Decree. |
| (4) | Except as otherwise provided in paragraphs (1) through (3), the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to compensation for losses incurred by burdens of public projects. |
| Article 100 (Charges for Compelling Compliance) |
| (1) | If a person ordered to take a measure under Article 40 (4) or to reinstate under Article 73 (1) or (2) fails to comply with such order within the rectification period specified in the order, the competent road management authority shall impose a charge for compelling compliance default not exceeding 10 million won upon the person. |
| (2) | If a person fails to comply with an order for measure or reinstatement by the deadline reasonably set for compliance before imposing a charge for compelling compliance under paragraph (1), the competent road management authority shall issue a warning letter to the person that a charge for compelling compliance will be imposed and collected if the person fails to comply with the order by the deadline before imposing the charge for compelling compliance under paragraph (1). |
| (3) | A warning letter delivered under paragraph (2) shall indicate the amount of the charge for compelling compliance, grounds for imposition of the charge for compelling compliance, deadline for payment, authorized payment agencies, and the method of objecting to the imposition. |
| (4) | Charges for compelling compliance under paragraph (1) may be repeatedly imposed and collected on up to two occasions a year from the date on which the initial order for measure or reinstatement is issued, until such an order is complied with. |
| (5) | If a person ordered to take a measure or to reinstate complies with such order or completes vicarious execution under the Administrative Vicarious Execution Act, the road management authority shall immediately cease imposing additional charges for compelling compliance; however, it shall collect charges for compelling compliance already imposed. |
| (6) | Article 67 shall apply mutatis mutandis to payment methods for charges for compelling compliance. In such cases, "person who has obtained permission to occupy and use a road" shall be construed as "obligor of a charge for compelling compliance", and "occupancy and use fee" as "charge for compelling compliance". |
| (7) | If a person upon whom a charge for compelling compliance has been imposed under paragraph (1) fails to pay the charge for compelling compliance by the deadline, the competent road management authority shall collect it in the same manner as delinquent national or local taxes are collected. |
| (8) | Criteria for the imposition of charges for compelling compliance under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
A road management authority that intends to issue either of the following dispositions shall hold a hearing:
| 1. | Revocation under Article 96 or 97 of permission granted to any person other than a road management authority, to perform construction works under Article 36; |
| 2. | Revocation of permission granted under Article 63 (1) (excluding subparagraph 4) for occupancy and use of a road. |
| Article 102 (Road Investigations) |
If a road management authority deems it necessary for the efficient formulation of a road plan or for the repair, maintenance, and management of a road, it may conduct investigations of the traffic volume at each section, the structure of the road, and other matters concerning the road.
| Article 103 (Collection of Fees) |
| (1) | Any of the following persons shall pay fees prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or by municipal ordinance of the competent local government over the competent administrative authority: |
| 1. | A person who applies for permission to perform road works under Article 36; |
| 2. | A person who applies for permission to occupy and use a road, or permission extending the period of permission to occupy and use a road or to modify permission to occupy and use a road under Article 61; |
| 3. | A person who applies for permission to operate vehicles on a road under the proviso to Article 77 (1). |
| (2) | Article 68 shall apply mutatis mutandis to the full or partial exemption of fees under paragraph (1). In such cases, "occupancy and use fee" shall be construed as "fee". |
| (3) | Notwithstanding paragraph (1), an institution or organization to whom the Minister of Land, Infrastructure and Transport has entrusted his/her business affairs under Article 110 (3) may establish guidelines regarding fees for such entrusted affairs. |
| (4) | When an institution or organization to whom the Minister of Land, Infrastructure and Transport has entrusted his/her business affairs under Article 110 (3) intends to establish guidelines regarding fees for such affairs entrusted under paragraph (3), it shall obtain prior approval from the Minister of Land, Infrastructure and Transport. The foregoing procedure shall also apply to the modification of the guidelines so approved. |
| Article 104 (Promotion of International Cooperation) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate and implement policies necessary to remain up to date with the international trends regarding the construction, repair, maintenance, and management of roads and promote international cooperation in the road traffic sector. |
| (2) | The Minister of Land, Infrastructure and Transport may engage in the following activities for international cooperation under paragraph (1): |
| 1. | Surveys and studies on international cooperation in the road traffic sector; |
| 2. | International exchange of personnel and information in the road traffic sector; |
| 3. | Collection, analysis, and proliferation of information about international regulations and standards in the road traffic sector; |
| 4. | Research on the Asian Highway and other international road networks; |
| 5. | Other activities the Minister of Land, Infrastructure and Transport deems necessary to promote international cooperation in the road traffic sector. |
| Article 105 (Road Association) |
| (1) | The persons who operate a road-related business or are engaged in any business related thereto may establish a road association (hereinafter referred to as the "Association") in order to promote the business activities specified in paragraph (4). |
| (2) | The Association shall be a corporation. |
| (3) | The Association shall be duly formed when it is registered for incorporation with the registry having jurisdiction over its principal place of business after obtaining authorization therefor from the Minister of Land, Infrastructure and Transport. |
| (4) | The Association shall engage in the following business activities: |
| 1. | Surveys and studies for the development and proliferation of technologies for the road traffic industry; |
| 2. | Publicity and education for the improvement of road-related knowledge and expertise; |
| 3. | Research into domestic and overseas trends in road technologies; |
| 4. | Research and development of roads and project management; |
| 5. | Cooperation with international organizations related to roads; |
| 6. | Projects entrusted by the State or a local government in connection with the business activities specified in subparagraphs 1 through 5, as prescribed by Presidential Decree; |
| 7. | Other business activities specified by its articles of association. |
| (5) | The State or a local government may provide subsidy to cover all or part of the costs incurred by the Association in carrying out the projects entrusted under paragraph (4) 6. |
| (6) | Details of the articles of association of the Association and matters necessary for the supervision of the Association shall be prescribed by Presidential Decree. |
| (7) | Except as otherwise provided in this Act, the provisions regarding incorporated associations in the Civil Act shall apply mutatis mutandis to the Association. |
| Article 106 (Transfer of Rights and Obligations) |
| (1) | When a person who has obtained permission or approval under this Act dies or transfers his/her status under this Act, or upon merger or division of a corporation, the rights and obligations that have arisen in connection with the permission or approval granted under this Act shall be transferred to the following relevant persons: |
| 1. | Where a person who has the rights or obligations arising in connection with the permission or approval granted under this Act dies: His/her heirs; |
| 2. | Where a person who has the rights or obligations that have arisen in connection with the permission or approval granted under this Act transfers his/her status to any other person: His/her transferee; |
| 3. | Where a corporation that has the rights or obligations that have arisen in connection with the permission or approval granted under this Act is divided or merged: The corporation surviving the division or merger or newly incorporated as a consequence of the merger. |
| (2) | A person who succeeds to rights or obligations under paragraph (1) shall report thereon to the competent road management authority, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | The road management authority shall notify the person who has filed a report under paragraph (2) of whether the report is accepted within 15 days from the receipt of the report. <Newly Inserted by Act No. 15997, Dec. 18, 2018> |
| (4) | If the road management authority fails to notify the person who has filed a report, of whether the report is accepted within the period provided in paragraph (3) or of the extension of the processing period under statutes and regulations relating to the processing of civil petitions, the report shall be deemed to be accepted on the day immediately following the end of the processing period (referring to the corresponding processing period if the processing period has been extended or re-extended under statutes and regulations relating to the processing of civil petitions). <Newly Inserted by Act No. 15997, Dec. 18, 2018> |
| (5) | Where a person who has obtained a permission to occupy and use a road transfers to any other person his/her ownership of land or a building which he/she has the right to occupy and use, his/her rights and obligations accompanying the relevant permission to occupy and use the road shall be deemed to have been transferred as well. <Amended by Act No. 15997, Dec. 18, 2018> |
| Article 107 (Consultation on or Approval for Implementation of Another Project) |
With regard to a project that involves any matter for which the State or a local government shall obtain permission from a road management authority under this Act, the head of the central administrative agency or the head of the local government, whoever implements the project, shall consult with the road management authority or obtain approval from the road management authority.
| Article 108 (Application Mutatis Mutandis to Roads Built as Urban or Gun Planning Facilities) |
Subparagraphs 2 and 9 of Article 2, Articles 4 and 31 (1), 32 through 37, 54, 55, 61 through 66, 67 (including cases as applicable mutatis mutandis pursuant to Article 72 (4)), 68, 69 (including cases as applicable mutatis mutandis pursuant to Article 72 (4) or 94), 70 (including cases as applicable mutatis mutandis pursuant to Article 72 (4) or 94), 72, 73, 75 through 77, 81, 83 through 85, 89, 90 through 93, 95 through 99, 101 through 103, 107, 111, 113 (1) 2, and 114 through 116, shall apply mutatis mutandis to the roads specified by Presidential Decree, including roads constructed as part of an urban or Gun planning facility project as defined in subparagraph 10 of Article 2 of the National Land Planning and Utilization Act, in addition to the roads listed in Article 10. <Amended by Act No. 14539, Jan. 17, 2017>
| Article 109 (Legal Fiction as Public Officials in Applying Penalty Provisions) |
| 1. | Persons who control restrictions on operation under Article 77 (4); |
| 2. | Executive officers and employees of an institution or organization related to roads, who engage in affairs entrusted to the relevant institution or organization pursuant to Article 110 (3). |
[This Article Wholly Amended by Act No. 13791, Jan. 19, 2016]
| Article 110 (Delegation or Entrustment of Authority) |
| (1) | The authority vested in the Minister of Land, Infrastructure and Transport under this Act may be partially delegated to the chairperson of the Metropolitan Area Transport Committee under Article 9-2 of the Special Act on the Management of Intercity Transport in Metropolitan Areas, each Mayor/Do Governor or the head of an agency affiliated to the Ministry of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended by Act No. 15996, Dec. 18, 2018> |
| (2) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of an agency affiliated to the Ministry of Land, Infrastructure and Transport may partially sub-delegate the authority delegated by the Minister of Land, Infrastructure and Transport under paragraph (1), to the head of each Si (including the head of an administrative city; the same shall apply hereafter in this paragraph)/Gun/Gu or to the head of an administrative agency that performs the construction works and management of general national highways. In such cases, where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor intends to sub-delegate the authority to the head of each Si/Gun/Gu, he/she shall obtain approval from the Minister of Land, Infrastructure and Transport. |
| (3) | The Minister of Land, Infrastructure and Transport may entrust a road-related institution or organization with the following affairs of road management authority he/she is assigned to, as prescribed by Presidential Decree: |
| 1. | Installation and management of road signs under Article 55; |
| 2. | Establishment and operation of a road traffic information system under Article 60; |
| 4. | Other matters specified by Presidential Decree regarding the planning, construction, repair, maintenance, and management of roads. |
| (4) | If the Minister of Land, Infrastructure and Transport deems it necessary to ascertain whether a person to whom authority has been delegated (including where the Minister of Land, Infrastructure and Transport authorizes a Do Governor or a Special Self-Governing Province Governor to conduct affairs under Article 31 (2); the same shall apply hereafter in this paragraph) or sub-delegated or a person to whom affairs have been entrusted, under the provisions of paragraphs (1) through (3), is competent to exercise the authority or conduct the affairs, he/she may request submission of data, conduct on-site investigations, issue a rectification order, or take other necessary measures, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the person to whom authority has been delegated or sub-delegated or the person to whom affairs have been entrusted shall comply with the request or order, unless there is a compelling reason not to do so. |
| Article 111 (Delegation of Authority to Purchase Land) |
| (1) | The Minister of Land, Infrastructure and Transport may delegate his/her authority to purchase land or compensate for losses incurred in the construction of a road to the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu, as prescribed by Presidential Decree. |
| (2) | When the Minister of Land, Infrastructure and Transport delegates his/her authority to purchase land or compensate for losses under paragraph (1), he/she shall pay a delegation fee at the rate specified by Presidential Decree, not exceeding 2/100 of the purchase price of the land or the amount paid for compensation for such losses, to the Mayor/Do Governor or the head of the delegated Si/Gun/Gu. |
| Article 112 (Vicarious Execution of National Expressway Affairs of Road Management Authority) |
| (1) | The Minister of Land, Infrastructure and Transport may allow the Korea Expressway Corporation to exercise part of his/her authority over the national expressways specified in this Act and other road-related statutes on his/her behalf, as prescribed by Presidential Decree. |
| (2) | When the Korea Expressway Corporation exercises the authority vested in the Minister of Land, Infrastructure and Transport over a national expressway on his/her behalf under paragraph (1), it shall be deemed the road management authority for the national expressway within the scope of the activities allowed for vicarious execution for the purposes of this Act or any other road-related Act. |
| (3) | When the Minister of Land, Infrastructure and Transport allows the Korea Expressway Corporation to exercise his/her authority on his/her behalf under paragraph (1), he/she may pay agency fees to the corporation, as prescribed by Presidential Decree. |
CHAPTER X PENALTY PROVISIONS
| Article 113 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than 10 years or by a fine not exceeding 100 million won: <Amended by Act No. 14539, Jan. 17, 2017> |
| 1. | A person who interferes with or endangers road traffic by destroying a national expressway; |
| 2. | A person who interferes with or endangers road traffic by destroying a road which is not a national expressway. |
| (2) | Deleted. <by Act No. 14539, Jan. 17, 2017> |
| (3) | Any person who overturns or destroys a motor vehicle occupied by a person, on a national expressway shall be punished by imprisonment with labor for an indefinite term or for a term of at least three years. |
| (4) | Any person who inflicts a bodily injury on other person by committing a crime specified in paragraph (3) shall be punished by imprisonment with labor for an indefinite term or for a term of at least three years, while any person who kills other person by committing such crime shall be punished by imprisonment with labor for an indefinite term or for a term of at least five years. |
| (5) | Any person who negligently commits a crime specified in paragraph (1) 1 shall be punished by a fine not exceeding 10 million won: Provided, That any person who commits such crime while engaged in managing a national expressway shall be punished by imprisonment with labor for not more that three years or by a fine not exceeding 30 million won. <Amended by Act No. 14539, Jan. 17, 2017> |
| (6) | Any person who commits a crime specified in paragraph (1) 1 by negligence while on duty or by gross negligence shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended by Act No. 14539, Jan. 17, 2017> |
| (7) | A criminal attempt under paragraphs (1) and (3) shall be punished. <Amended by Act No. 14539, Jan. 17, 2017> |
| Article 114 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won:
| 1. | A person who engages in an activity specified in Article 27 (1) without obtaining permission or modification permission under the aforesaid paragraph; |
| 2. | A person who performs road works without obtaining permission, in violation of Article 36 (1); |
| 3. | A person who changes the form and quality of soil or engages in any other activity in a clearance zone, in violation of Article 40 (3); |
| 4. | A person who extracts soil and rocks or engages in any other activity in a three-dimensional zone for road protection, in violation of Article 46 (3); |
| 5. | A person who connects a road to another road or passage or facility without obtaining permission or modification permission under Article 52 (1); |
| 6. | A person who occupies and uses a road without obtaining permission to occupy and use the road, in violation of Article 61 (1) (excluding persons who pile up articles or objects on a road temporarily); |
| 7. | A person who violates Article 75; |
| 8. | A person who fails to comply with an order issued by a road management authority under Article 80 to reverse the direction of travel of a vehicle, carry the load in smaller units, or cease operating a vehicle; |
| 9. | A person who objects to a disposition issued by a road management authority under Article 83 (1) or interferes with such disposition, without justifiable ground; |
| 10. | A person who relocates or destroys an object appurtenant to a road without justifiable ground; |
| 11. | A person who obtains permission under this Act or under an order issued under this Act, by fraudulent means. |
| Article 115 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended by Act No. 13478, Aug. 11, 2015>
| 1. | A person who travels on or enters a national expressway, other than by motor vehicle, in violation of Article 47 (1); |
| 2. | A person who travels on or enters a motorway, other than by motor vehicle, in violation of Article 49 (1); |
| 3. | A person who travels on a road in breach of prohibition or restrictions on passage under Article 76 (1); |
| 4. | A person who fails to comply with a request from a road management authority under Article 77 (4), without just ground; |
| 5. | A person who interferes with measuring the load of a vehicle, in violation of Article 78 (1) and (3); |
| 6. | A person who fails to comply with a request from a road management authority to re-measure a load under Article 78 (2), without just ground; |
| 7. | A person who objects to a disposition or action made by a road management authority under Article 81 or interferes with such disposition or action, without just ground. |
| Article 116 (Joint Penalty Provisions) |
If the representative of a corporation or an agent, employee, or servant who works for a corporation or for an individual commits an offense in violation of Article 113 (1) or (7), 114, or 115 in connection with the business of the corporation or individual, not only shall such offender be punished accordingly, but the corporation or individual also shall be punished by the fine prescribed in the relevant provisions; if the offense committed falls within Article 113 (3), the offender shall be punished accordingly, and the relevant corporation or individual shall be punished by a fine not exceeding 50 million won: Provided, That the foregoing shall not apply where the corporation or individual has not neglected to provide due care and supervision over the relevant business to prevent such offense. <Amended by Act No. 14539, Jan. 17, 2017>
| Article 117 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: |
| 1. | The operator of a vehicle that breaches a restriction placed on operation under Article 77 (1); |
| 2. | A person who fails to properly manage a vehicle under Article 77 (2) (limited to cases where a rental loaded vehicle violates the operation restrictions under Article 77 (1) while in operation); |
| 3. | A person who breaches the prohibition against instruction or demand for operating a vehicle in violation of the operation restrictions under Article 77 (3). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding three million won. In such cases, the administrative fine to be levied on a person specified in subparagraph 1 or 2 may be prescribed by municipal ordinance of the competent local government over the relevant road management authority in accordance with the guidelines prescribed by Presidential Decree: |
| 1. | A person who occupies and uses more than the area permitted for occupancy and use of a road under Article 61 (1); |
| 2. | A person who temporarily piles up goods or other objects on a road without obtaining permission to occupy and use the road under Article 61 (1); |
| 3. | A person who has not prepared measures to prevent accidents, in violation of Article 62 (1); |
| 4. | A person who fails to submit as-built drawings in accordance with the latter part of Article 62 (2) or who submits drawings different from actual conditions; |
| 5. | A person who excavates a road without the managers of essential underground utilities present at the scene, in accordance with Article 62 (5); |
| 6. | A person who breaches an emergency traffic restriction under Article 76 (6); |
| 7. | A person who breaches an order issued by a road management authority under Article 96 or 97. |
| (3) | Each of the following persons shall be subject to an administrative fine not exceeding 500,000 won: |
| 1. | A person who fails to obtain confirmation of the completion of construction works in accordance with the former part of Article 62 (2); |
| 2. | A person who fails to undergo a completion inspection for the reinstatement of a road in accordance with Article 73 (3); |
| 3. | A person who fails to file a report in accordance with Article 106 (2). |
| (4) | Except as otherwise provided in this Act, administrative fines under paragraphs (1) through (3) shall be imposed and collected by the competent road management authority, as prescribed by Presidential Decree. |
| (5) | In either of the following cases, paragraph (1) 1 shall not apply to a vehicle operator who breaches the operation restrictions under Article 77 (1): |
| 1. | Where an administrative fine is imposed upon a renter under a vehicle rental agreement in accordance with paragraph (1) 2 on account of the operator’s report on the renter’s violation of Article 77 (2); |
| 2. | Where an administrative fine is imposed upon a shipper, a business operator engaging in the trucking transport business, or a trucking transport broker under paragraph (1) 3 on account of the operator’s report that he/she has violated Article 77 (1) pursuant to an instruction or demand from the shipper, the business operator engaging in the trucking transport business, or the trucking transport broker. |
| (6) | Article 67 shall apply mutatis mutandis to the payment method for administrative fines. In such cases, "a person who has obtained permission to occupy and use a road" shall be construed as "obligor of an administrative fine, and "occupancy and use fee" as "administrative fine", respectively. |
| Article 118 (Acting Vicariously for Road Management Authority) |
A person who vicariously for a road management authority under Article 32 (3) shall be deemed the road management authority in application of the provisions of this Chapter.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Repeal of Other Statute)
Article 3 (Applicability to Vesting of Ownership of Public Facilities)
The amended provisions of Article 38 shall apply to the determination and public notification of a road zone in order to perform road works from the date this Act enters into force. [This Article Wholly Amended by Act No. 13791, Jan. 19]
Article 4 (Applicability to Connection of Roads with Other Facilities)
The amended provisions of Articles 52 and 53 (2) through (5) shall apply to applications for connection permission filed after the date this Act enters into force. Article 5 (Applicability to Application of General Competition for Permission to Occupy and Use Roads)
The amended provisions of Article 61 (3) and (4) shall apply to applications for permission to occupy and use a road filed after the date this Act enters into force. Article 6 (Applicability to Methods of Payment of Occupancy and Use Fees)
The amended provisions of Article 67 (including cases applicable mutatis mutandis pursuant to Article 72 (4) or 117 (6)) shall apply to the imposition of occupancy and use fees, liquidated damages, or administrative fines after the date this Act enters into force. Article 7 (Applicability to Full or Partial Exemptions from Occupancy and Use Fees)
The amended provisions of subparagraph 4 and 6 of Article 68 shall apply to applications for permission to occupy and use a road filed after the date this Act enters into force. Article 8 (Applicability to Filing of Objections to Imposition of Occupancy and Use Fees)
The amended provisions of Article 71 shall apply to the imposition of occupancy and use fees after the date this Act enters into force. Article 9 (Applicability to Imposition of Liquidated Damages)
The amended provisions of Article 72 (2) through (4) shall apply where a road management authority notifies the occupant of a road of excessive occupancy and use after the date this Act enters into force. Article 10 (Applicability to Imposition of Charges for Compelling Compliance)
The amended provisions of Article 100 shall apply where an order for measure under Article 40 (4) or reinstatement under Article 73 (1) or (2) is issued after the date this Act enters into force. Article 11 (Transitional Measures concerning Master Plans for Road Maintenance and Improvement)
| (1) | Master plans for road maintenance and improvement being formulated by road management authorities as at the time this Act enters into force shall be deemed a construction and management plan under this Act until the construction and management plan is formulated and publicly notified: Provided, That the road management authority shall formulate and publicly notify a construction and management plan within one year from the date this Act enters into force, if 10 years have already passed since the formulation of the previous master plan for road maintenance and improvement as at the time this Act enters into force. |
| (2) | A plan for improving heavily congested roads in each metropolitan area, which has been formulated by the Minister of Land, Infrastructure and Transport as at the time this Act enters into force, and a detailed project plan for improving congested roads in each metropolitan area, which has been formulated by the competent administrative authority as at the time this Act enters into force, shall be deemed formulated under this Act. |
Article 12 (Transitional Measures concerning Road Policy Review Committee)
| (1) | The Road Policy Review Committee established under Presidential Decree as at the time this Act enters into force, shall be deemed the Road Policy Review Committee under this Act. |
| (2) | The chairperson, vice chairperson, and members of the Road Policy Review Committee, already established under Presidential Decree as at the time this Act enters into force, shall be deemed the chairperson, vice chairperson, and members of the Road Policy Review Committee under this Act. |
Article 13 (Transitional Measures concerning Designation of Road Routes)
| (1) | National expressways, general national highways (including bypasses to national highways), branch lines, and State-funded local highways, with the routes designated by Presidential Decree pursuant to the previous provisions of this Act or the previous Motorway Act as at the time this Act enters into force, and national highways, with routes designated by Ordinance of the Ministry of Land, Infrastructure and Transport as at the time this Act enters into force, shall be deemed national expressways, general national highways, bypasses to national highways, branch lines, State-funded local highways, and designated national highways designated and publicly notified respectively under this Act. |
| (2) | The Special Metropolitan City roads or Metropolitan City roads, with the routes designated by a Special Metropolitan City Mayor or a Metropolitan City Mayor pursuant to the previous provisions of this Act as at the time this Act enters into force shall be deemed Special Metropolitan City roads or Metropolitan City roads designated and publicly notified by the Special Metropolitan City or the Metropolitan City under this Act. |
| (3) | The local highways, with the routes approved by a Do Governor or a Special Self-Governing Province Governor pursuant to the previous provisions of this Act as at the time this Act enters into force, shall be deemed local highways designated and publicly notified by a Do Governor or a Special Self-Governing Province Governor under this Act. |
| (4) | The Si/Gun/Gu roads, with the routes approved by the head of a Si (including a Special Self-Governing City Mayor, and referring to a Special Self-Governing Province Governor in cases of a Special Self-Governing Province; hereafter in this paragraph the same shall apply) pursuant to the previous provisions of this Act as at the time this Act enters into force, shall be deemed Si/Gun/Gu roads designated and publicly notified by the head of the Si/Gun/Gu under this Act. |
Article 14 (Transitional Measures concerning Road Zones)
The road zones determined and publicly notified by a road management authority as at the time this Act enters into force shall be deemed road zones determined and publicly notified under this Act.
Article 15 (Transitional Measures concerning Clearance Zones)
The clearance zones designated pursuant to the previous provisions or the previous Motorway Act as at the time this Act enters into force shall be deemed clearance zones designated under this Act. Article 16 (Transitional Measures concerning Korea Road and Transportation Association)
| (1) | The Korea Road and Transportation Association established as an incorporated association with permission obtained from the Minister of Land, Infrastructure and Transport pursuant to Article 32 of the Civil Act (hereinafter referred to as the "Korea Road and Transportation Association") as at the time this Act enters into force, shall be deemed the Association established pursuant to Article 105. In such cases, the incorporated association shall amend its articles of association in conformity with the requirements of this Act and require authorization thereof from the Minister of Land, Infrastructure and Transport within six months from the date this Act enters into force. |
| (2) | The incorporated association authorized by the Minister of Land, Infrastructure and Transport under paragraph (1) shall be deemed dissolved simultaneously upon establishment of the Association under this Act, notwithstanding the provisions regarding the dissolution and liquidation of corporations in the Civil Act. |
Article 17 (Transitional Measures concerning Abolition of Tolls)
| (1) | Notwithstanding the main sentence of Article 6 (1) of the Toll Road Act in force as at the time the Road Act (Act No. 5894) enters into force (hereafter referred to as the "aforesaid Act" in this Article), which provided that prior public notice of toll road works must be given in order to designate a bridge or other structure under construction on or before August 9, 1999, when the aforesaid Act enters into force, as a toll road, a road regarding which public notice of toll road works was given within six months from the date the aforesaid Act enters into force shall be deemed a toll road under the Toll Road Act. |
| (2) | A bridge or other structure at which tolls were collected under the previous provisions of Article 35 or 36 as at the time the aforesaid Act entered into force shall be deemed a toll road. |
Article 18 (Transitional Measures concerning Investigations and Planning of State-Funded Local Highways)
The previous provisions of this Act shall apply to the investigations and planning of a State-funded local highway project regarding which the Minister of Land, Infrastructure and Transport was conducting investigations and making plans on or before July 21, 2004, when the Road Act (Act No. 7103) enters into force, notwithstanding the amended provisions of Article 24 (3) of the aforesaid Act. Article 19 (Transitional Measures concerning Charges Imposed for Destruction)
The previous provisions of the Act shall apply to charges imposed upon a person who destroyed a road on or before March 29, 2007, when the Road Act (Act No. 8124) enters into force. Article 20 (Transitional Measures concerning Hearings and Restrictions on Activities)
The previous provisions of this Act shall apply to opinion hearings and restrictions on activities in a road zone determined on or before December 2, 2012, when the Road Act (Act No. 11471) enters into force, notwithstanding the amended provisions of Articles 24-2 and 24-3 of the aforesaid Act. Article 21 (Transitional Measures concerning Measures to Prevent Accidents While in Occupancy and Use of Road)
The previous provisions of this Act shall apply to the measures that a holder of permission to occupy and use a road on or before December 2, 2012, when the Road Act (Act No. 11471) enters into force, shall take to prevent accidents while occupying and using the road, notwithstanding the amended provisions of Article 38 (6) of the aforesaid Act. Article 22 (General Transitional Measures concerning Dispositions)
An act done by or in relation to an administrative agency under the previous Road Act or the previous Motorway Act as at the time this Act enters into force shall be deemed an act done by or in relation to the administrative agency under this Act. Article 23 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The previous penalty provisions and previous provisions regarding administrative fines of this Act shall apply to violations of the previous Road Act or the previous Motorway Act, if committed before this Act enters into force. Article 24 Omitted.
Article 25 (Relationship to Other Statutes or Regulations)
A citation of this Act or the Motorway Act or any provisions thereof by any other statute or regulation in force as at the time this Act enters into force shall be deemed a citation of this Act or the relevant provisions of this Act in lieu of the previous provisions, if this Act contains such relevant provisions.
ADDENDA <Act No. 12345, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 12639, May 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on July 15, 2014: Provided, That the amended provisions of Article 77 (5) shall enter into force on January 1, 2015. Article 2 (Applicability to Operation Permission)
The amended provisions of Article 77 (5) shall apply to applications for an operation permission filed after the date the above amended provisions enter into force.
ADDENDUM <Act No. 12976, Jan. 6, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13086, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on May 28, 2015. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 13426, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 39 Omitted.
ADDENDA <Act No. 13478, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 78 (3) and subparagraph 5 of Article 115 shall enter into force three months after the date of their promulgation. Article 2 (Applicability to Exemption from Fees for Occupancy and Use)
The amended provisions of subparagraphs 4-2 and 8 of Article 68 shall begin to apply from the first case where the application for permission to occupy and use a road is filed after this Act enters into force.
ADDENDUM <Act No. 13791, Jan. 19, 2016>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 3 of the Addenda to the Road Act (Act No. 12248) shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13796, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDUM <Act No. 14338, Dec. 2, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 14539, Jan. 17, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15115, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 7 of Article 68 shall enter into force on the date of its promulgation. Article 2 (Applicability to Measures to Prevent Safety Accidents)
The amended provisions of Article 62 (1) shall begin to apply to the first permission to occupy and use a road obtained after this Act enters into force. Article 3 (Applicability to Reduction of or Exemption from Occupancy and Use Fees)
The amended provisions of subparagraph 7 of Article 68 shall begin to apply to occupancy and use fees collected for a period after the same amended provisions enter into force, and occupancy and use fees which have already been collected for such period shall be refunded under Article 70.
ADDENDUM <Act No. 15455, Mar. 13, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15996, Dec. 18, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 15997, Dec. 18, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Reporting on Construction Works Commenced Prior to Public Announcement of Designation, Change or Abolition of Road Zones)
The amended provisions of Article 27 (4) and (5) and Article 106 (3) and (4) (including their mutatis mutandis application under Article 108) shall begin to apply to the first report to be filed after this Act enters into force.